May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12739 HOUSE OF REPRESENTATIVES—Tuesday, May 19, 2009

The House met at 10:30 a.m. and was years ago. His father, Joe, worked at a Well, the first and most influential of called to order by the Speaker pro tem- refuse collection company and later at the ‘‘new media’’ still plays a large role pore (Mr. TONKO). a sheet metal business, and Miah was in our lives. Radio captures that magic f often at his side. in part because of the radio personal- That same friend was asked why ities who captivated us with their dis- DESIGNATION OF SPEAKER PRO Jeremiah had enlisted. The response, tinctive voices and wit, made larger TEMPORE ‘‘he always wanted to when he was a than life by how much was left to our The SPEAKER pro tempore laid be- kid. He probably just wanted to out of imagination in terms of the production fore the House the following commu- patriotic duty to go serve. And I think and even what they looked like. Wil- nication from the Speaker: he wanted to go do his part.’’ liam Conrad was the radio voice of The question first asked by Jim Gunsmoke’s marshal, Matt Dillon, who WASHINGTON, DC, Michener thunders across the country- May 19, 2009. was played on TV by actor James side with a loss like this: ‘‘Where do we I hereby appoint the Honorable PAUL Arness, 6 foot 6, tall and rangy with TONKO to act as Speaker pro tempore on this get such men?’’ Mr. Speaker, I don’t craggy good looks. William Conrad, the day. know how to offer condolences to Miah radio voice, sounded that way, but he NANCY PELOSI, McCleery’s family, to his father, Joe, was short and rotund. And while he Speaker of the House of Representatives. to his sisters, Lynette and Chastity, looked distinctive, few would confuse f and to his grandparents and many him with a matinee idol. From Fred friends. The loss they bear is beyond Alan, Jack Benny and Edward R. Mur- MORNING-HOUR DEBATE my comprehension. row to Scott Simon, Garrison Keillor I can only offer my awe and gratitude The SPEAKER pro tempore. Pursu- today, these people play an important that humanity has within itself a small ant to the order of the House of Janu- role not just in a communication and band of brothers like Jeremiah ary 6, 2009, the Chair will now recog- entertainment medium, but in the lives McCleery who stepped forward not for nize Members from lists submitted by of Americans. the majority and minority leaders for treasure or profit nor even to defend In much of the commercial radio morning-hour debate. their own freedom. But rather, to win wasteland today, where content is cen- The Chair will alternate recognition the freedom of a people half a world tralized and digitized, while costs are between the parties, with each party away. And they do it because their cut, local personalities, who played limited to 30 minutes and each Mem- country asks and because it is virtuous such a profound role in virtually every ber, other than the majority and mi- and noble. community, are more and more a dis- nority leaders and the minority whip, A few feet from here in the Capitol tant memory. limited to 5 minutes. Rotunda is a fresco called the ‘‘Apothe- osis of Washington.’’ It depicts General In my hometown of Portland, Or- f Washington, in uniform, ascending to egon, we are still blessed with a few HONORING ARMY SPECIALIST the heavens, flanked by victory and distinctive local voices. But sadly last JEREMIAH P. MCCLEERY freedom, and surrounded by the essence month, we lost one who can only be de- and fruits of a free Nation. And in that scribed as an icon. For decades Les The SPEAKER pro tempore. The depiction, Washington beckons. Chair recognizes the gentleman from Sarnoff was the most distinctive per- From little towns like Portola, Cali- sonality in what started as an idiosyn- California (Mr. MCCLINTOCK) for 5 min- fornia, decent young men and women utes. cratic, offbeat and obscure FM station. with promising futures, like Jeremiah He helped it grow into a major com- Mr. MCCLINTOCK. Mr. Speaker, I McCleery, have answered. And I don’t rise today with the sad duty of recog- mercial success and a Portland fixture. know where we get such men, and I The characteristics that made him nizing the death in combat of Army don’t know how their families can bear Specialist Jeremiah P. McCleery, age such a well respected professional and it. But I do know what we owe them. beloved local figure helped him rise 24, of Portola, California. And I do know that we can never repay Mr. Speaker, if you read the observa- above and survive the turmoil in the that debt, except to honor their mem- industry, the often destructive tions of his friends, you very quickly ory and keep their sacrifice always in realize this was not only an irreplace- changes, to brighten the mornings of mind, those who gave up everything tens of thousands of my neighbors able loss to his family and a monu- ‘‘to proclaim liberty throughout all the mental loss to his community, but it every day for the better part of three land, and unto all the inhabitants decades. was also a terrible loss for our country. thereof.’’ Miah, as he was known, was simply a Les was a dedicated and disciplined f good kid. He made friends easily, he professional, arising shortly after mid- had a great sense of humor, and he had HONORING AND REMEMBERING night every weekday to spend hours in wanted to join the Army since he was LES SARNOFF preparation before his morning shift. 4 years old. He was an exemplary sol- The SPEAKER pro tempore. The He was a step ahead of legitimate dier who commanded the friendship Chair recognizes the gentleman from trends in music, but with a profound and respect of his colleagues. He had Oregon (Mr. BLUMENAUER) for 5 min- respect for both music and artists that fallen in love with a girl at Fort Hood utes. was timeless. He had a rapport and a before he shipped out, with their whole Mr. BLUMENAUER. This is an era chemistry with not only his audience, lives ahead of them. where new media and communication but the outstanding people that were A friend of his, Josh Rodgers, was devices are seemingly created over- part of his morning team over the asked when Miah McCleery was night. Was it only 3 years ago that years. Despite a demanding schedule happiest, and the answer was, ‘‘doing YouTube bounced on the scene? It and brutal hours, Les always made anything with his dad.’’ They had lost seems like it was last week that we time to be part of public events and his mother, Collette, to cancer a few first heard about Twitter. public affairs.

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

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12740 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Now, media and people in politics tients. We cannot afford to be silent the country, droughts and floods are need for, professional and ethical rea- about this disease any longer. We must cyclical. sons, to maintain a certain distance. speak out and take action. That is This photograph is an almond or- That is far more important to a media what we need to do to curtail this very, chard that has been pulled out because personality like Les, than for a politi- very serious problem. of a lack of water. So, to that degree, cian like me. And observe that distance f Congressman CARDOZA and I, in Janu- he did, but always with a sense that I ary, began meeting with the new ad- was a friend, with a sense of interest THE DROUGHT CRISIS IN SAN ministration, laying out a host of ad- and awareness whenever I would visit JOAQUIN VALLEY ministrative efforts that we thought, him in the station or more often do a The SPEAKER pro tempore. The with flexibility, could allow us to move telephone interview from our Nation’s Chair recognizes the gentleman from water around from parts of the State Capitol or an occasional lunch or inter- California (Mr. COSTA) for 5 minutes. that have water. We have met with action at a civic event. But it was not Mr. COSTA. Mr. Speaker, I rise today Secretary Salazar and his staff, with Les Sarnoff letting his guard down. It to bring attention to a drought crisis the Mid-Pacific Region and their staff was Les revealing that at core he liked, that is affecting California’s San Joa- time and time again and with the Gov- understood and respected everyone. He quin Valley. Three years of below-aver- ernor and his director of water re- was curious, funny and caring. Even in age rainfall have created tremendous sources, and we have brought to the at- his passing, Les brought our commu- hardships in valley communities that tention of the President and of his nity together as thousands gathered are the backbone of California’s agri- White House staff the fact that they last Sunday to honor his memory in culture economy. We have heard time should come to the valley and see first- Portland’s Pioneer Square, our City’s and time again about the deep, deep fi- hand the devastating impacts. front yard. By reflecting on his life, we nancial impacts affecting all regions of We need to have flexibility during reflect on ours. our country. But in places like Detroit times of drought. Clearly, people are as To his wife Rita, Les’ many friends and in places like the San Joaquin Val- important as the other environmental and colleagues, because of his love for ley, where you have 30 and 40 percent balances and trade-offs that are there. and work with you, we have all been unemployment, it is no longer a deep If the Environmental Species Act were touched. We will never be the same recession, but it is a depression. working, we would not have a decline without Les, but also, we will never be Farmers and farm workers in the San in the fisheries that have taken place the same because of Les Sarnoff. Joaquin Valley grow over 350 different over the last two decades. So we are f crops, employing tens of thousands of working on short-term efforts to try to people and providing half the Nation’s deal with the current situation in the WORLD HEPATITIS DAY fruits and vegetables. It is number one event that this drought lasts a fourth The SPEAKER pro tempore. The in the dairy industry and a host of or a fifth or a sixth year. Chair recognizes the gentleman from other important agricultural commod- The last drought we had in California New York (Mr. TOWNS) for 5 minutes. ities that are not subsidized, that don’t lasted 6 years, from 1988 to 1993. I pre- Mr. TOWNS. Mr. Speaker, today, use subsidized water, that, in fact, are dict to my colleagues that if, in fact, May 19, marks the second annual World critical to healthy diets for Americans this drought lasts a fourth or a fifth Hepatitis Day, when the need for great- and provide a tremendous balance of year, California will be rationing water er public awareness towards prevention payments on our trade efforts abroad. in southern California and in the Bay and treatment of this silent killer is Sadly, though, three critical years of Area, and we will see a horrific set of recognized internationally. drought shortage have had a dev- circumstances affecting our State. Hepatitis is a prime example of an astating effect on communities in the So it is time to act now, both with issue that must be addressed now, as San Joaquin Valley and in my district. the short-term remedies as well as with Congress and the administration work My district and Congressman CAR- the long-term remedies. We need to try together to create a sustainable health DOZA’s district are at ground zero to do everything we can to plan for the care system for future generations. where we have communities that have next year in the event that this Of those infected with viral hepatitis 30 and 40 percent unemployment, com- drought continues. We need to provide C, more than three-quarters are un- munities that have 10 and 12,000 people, flexibility at the Federal and State aware of their infection, making the 30,000 people, 50,000 people. When one- pumps to move water around, to make long-term consequences of HCV infec- third of the people in your community water banks work, and yes, in the long tion, including cirrhosis of the liver don’t have jobs, it is a depression. term, we need to fix the plumbing sys- and liver cancer, a greater, greater Today, clearly, our environmental tem in the delta. danger. regulations are not working. We have California has 38 million people. By A study about HCV released just yes- an inability to move water around the year 2030, it is estimated we will terday by Milliman Incorporated, one California. have 50 million people. We have a of the Nation’s most respected firms, water system designed for 20 million tells a troubling story. They are saying b 1045 people. It cannot work. So, with a larg- that over the next 20 years, medical We know that, if this drought lasts a er coalition of the Latino Water Cau- costs for patients with HCV infections fourth and fifth year, Katy, bar the cus, we marched on water in April. We are expected to increase from $30 bil- door. are going to continue to march. We are lion in 2009 to over $85 billion in 2024. These are food lines in communities going to continue to try to seek out Chronic viral hepatitis is a leading in my district. The irony is that these our colleagues who want to construc- cause of primary liver cancer, one of are some of the hardest working people tively help us with the administration the fastest growing cancers, which sig- you will ever meet. Normally, they to understand that both short-term and nificantly impacts 6 million Americans would be working in fields, working in long-term investments in California in- and has a 5-year survival rate. The mi- processing facilities, putting food on frastructure are critical if we are going nority population will be dispropor- America’s dinner plates. Sadly, they’re to solve this problem. tionately affected. Hepatitis C is twice in food lines. How horrific in America. This is a forerunner of what’s occur- as common among African Americans Many of my colleagues for the last 4 ring, not just here in California but as among whites. months, 5 months have been working around the world. Water is the life- As a Member of the United States to try to bring attention to our State blood of man’s ability to produce food House of Representatives, I will con- representatives, to our Governor and, and fiber. The problems we are having tinue to support increased funding to- here, to our President and to the new in California today are happening wards public education, early detec- administration in town because we around the world. We need to act tion, testing and counseling for pa- know, in California, like other parts of today.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12741 VETERANS COMMUNICATION tricity standard, because different The minority claims that a clean en- IMPROVEMENT ACT States have different renewable energy ergy bill will result in net job losses, The SPEAKER pro tempore. The resources, and that the southeastern but in reality, we are losing jobs right Chair recognizes the gentleman from United States, in particular, would be now because we do not have a stronger New Mexico (Mr. HEINRICH) for 5 min- unable to meet targets established by clean energy policy. We cannot cling to utes. the renewable electricity standard in antiquated modes of energy production Mr. HEINRICH. Thank you, Mr. the draft American Clean Energy and that are hemorrhaging jobs and then Speaker. Security Act now being considered by expect to achieve, much less expedite, I rise today to introduce the Vet- the Energy and Commerce Committee an economic recovery here at home. If erans Communication Improvement of this body. we are to drive economic growth, we Act. This bill will provide for a I represent a State in which there is must invest in innovation and in job smoother transition for servicemem- not a single utility-scale renewable creation, not in exhausted resources bers moving to veteran status, and it generation facility. The Virginia Gen- and outmoded systems of production. will help facilitate the communication eral Assembly has not enacted a man- Here in the South, where we have not between all veterans and veterans’ datory renewable electricity standard, benefited from strong renewable en- services. so we have failed to create market cer- ergy incentives, we need a national re- Currently, when a servicemember tainty for firms that would invest in newable electricity standard to create concludes his service to our country, renewable energy otherwise. In con- new jobs in both mill towns that have he fills out a form known as the DD– trast, New Jersey has 44 megawatts of lost jobs overseas and in prosperous 214. This form is essentially a compila- grid-connected solar capacity, fueled in business centers such as those I rep- tion of a member’s time in the mili- part by a 22.5 percent renewable elec- resent in northern Virginia. The tary. It includes awards and medals tricity standard with solar set aside. Southeast has wind resources in the and other pertinent service informa- New Jersey has more than twice as Continental Shelf, in the Appalachian tion such as promotions, combat serv- much grid-connected solar energy gen- Mountains, and it has good solar expo- ice or service overseas. The DD–214 also eration than the total for all States sure throughout our entire region. contains information needed to verify without a renewable electricity stand- Now is the time, Mr. Speaker, to ex- military service for benefits, retire- ard, including Virginia, even though it ploit those natural resources and to ment, employment, and membership in has less solar exposure than any State produce energy right here at home. veterans’ organizations, which makes in the Southeast. What we have wit- Now is the time to pass clean energy it one of the most important docu- nessed in the Southeast is not a lack of jobs legislation with a strong renew- ments in the military. natural resources but, perhaps, a lack able electricity standard. As to be expected, the DD–214 con- of political will. f tains the current physical address and Since we are in the midst of the most phone number of the veteran, but there severe economic contraction since the CROSSROADS is no place on the form for a veteran to Great Depression, the clean energy jobs The SPEAKER pro tempore. The include his or her e-mail as the best legislation before us represents not an Chair recognizes the gentleman from way to be contacted. Far too often, academic debate but, rather, an oppor- Kentucky (Mr. YARMUTH) for 2 min- however, when servicemembers return tunity to spur economic growth and to utes. home from active duty or if a veteran reduce greenhouse gas pollution based Mr. YARMUTH. Thank you, Mr. has simply moved to a new home, they in successful policies that have been Speaker. lose contact with the Department of enacted at home and abroad. Mr. Speaker, this Congress is being Veterans Affairs. This bill will enable Just as more than half of our States called on to make some very critical one more avenue of communication, an have enacted successful renewable elec- decisions. We are at a crossroads in e-mail address, to be included on each tricity standards, so too have other na- this country and in the world. servicemember’s DD–214 form. tions. Germany, for example, has a You know, we are trying to make For many veterans, particularly for lower solar exposure than almost all of bold moves. President Obama has pro- our youngest veterans returning from the United States, and yet it is the posed a very bold agenda in the area of Iraq and Afghanistan, a personal e-mail world’s leader in renewable energy, as health care reform, energy and edu- address is the most common and effi- documented in a recent article in the cation, and we have taken up that cient way to communicate with them. National Journal. In the last decade, cause in this Congress, and we are mov- In utilizing modern e-mail technology, the number of Germans employed in ing very decisively to make significant this legislation will make great strides the renewable energy sector has grown changes in this country. in expediting the delivery of benefits from 30,000 to 280,000. Germany has in- From the other side, we hear reason- that our country’s veterans unques- stalled 22,247 megawatts of wind energy able questions: How much is this going tionably deserve. These brave Ameri- and 3,811 megawatts of solar photo- to cost? What about the deficits we will cans and their families have made im- voltaic. Strong mandatory incentives be incurring? What about fiscal respon- measurable sacrifices to our Nation’s for renewable energy have fueled this sibility? Well, you know, there are two well-being. I am honored to sponsor jobs boom in Germany. aspects to fiscal responsibility. One is this legislation, and I urge my col- The number of coal mining jobs in living within your means. There’s no leagues to support it. the United States has fallen by 50 per- question about that. We need to be able f cent in the last three decades, prin- to do that. The other question is: How REGIONAL IMPACTS OF CLEAN cipally due to mechanization. Those do you prepare for the future? If we are ENERGY LEGISLATION coal jobs disappeared from States like living within our means and are not The SPEAKER pro tempore. The Virginia and West Virginia, which lack willing to make the investments that Chair recognizes the gentleman from incentives for renewable energy. In we need to make, then the future is Virginia (Mr. CONNOLLY) for 5 minutes. Germany, on the other hand, the num- going to be very bleak, indeed. Mr. CONNOLLY of Virginia. I thank ber of coal mining jobs also has fallen, You heard just a few minutes ago my the Speaker. but the number of renewable energy colleague from California, Mr. COSTA, Today, I rise as a southern Congress- jobs created has more than offset the talking about the need to promote in- man to discuss the regional impacts, lost jobs by a factor of five. Unfortu- frastructure, to invest in infrastruc- Mr. Speaker, on clean energy legisla- nately, many U.S. companies, like ture and in the water supply in Cali- tion and on a renewable electricity First Solar, have built factories in Ger- fornia. Well, this is just one microcosm standard in particular. many rather than here in America be- of the challenge we will face across the We have heard that it is impossible cause Germany had requirements for country with bridges, roads, airports, to have a national renewable elec- renewable energy production. air traffic controls, water systems,

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As one of those young enough business climate where people want to changes in our health care system and who will take on much of the burden of locate and where we dare the American in our energy system and in our edu- the deficits created today, I speak out consumer and American business lead- cation, we will not have the human in- of the urgency of our considering fu- ers to lead, to innovate, to create, to be frastructure that we need to move into ture generations in the decades ahead at the forefront of that new energy the future. as we look at this. It’s certainly true economy. You know, I’ve heard the minority that both political parties have much This jobs deficit that has been cre- leader on the other side say: How much to answer for in terms of the deficits ated hand in hand with our budget def- is it going to cost to do health care re- that have been run up, but it’s also im- icit is one we can conquer. I believe we form? Well, I’m not sure, but we know portant that we do not embark on revi- have taken great steps already in this how much it’s going to cost not to do sionist history and suggest moral Congress to put ourselves at the fore- health care reform. We’ve seen the pro- equivalence between the sides. front of science, of research, of green jections. Tens of trillions of dollars b 1100 energy. I come from an area of the over the next 70 years in additional def- country that has a great deal of pain icit are forecasted for Medicare. That’s We must remember that the last ad- right now. We have more than 20 per- if we don’t act. So we know what the ministration walked into a situation cent unemployment in some of the cost of not acting is. It is time to act. where they had a $5.6 trillion surplus— towns in our districts as factories have It is the fiscally responsible thing to do a $5.6 trillion surplus—that they turned gone overseas. to adopt the agenda of the Obama ad- into a $4.5 trillion deficit. That turn- As we look at the possibility for al- ministration, and I look forward to around, you could hear future genera- ternative energies, energy efficiency being a part of that historic effort. tions crying as that great opportunity technology, smart grid technology, ad- f to restore fiscal sanity was passed up vanced battery manufacturing, I be- and our national debt was doubled. WORLD HEPATITIS DAY lieve our side has the courage to say The Clinton administration and this America can do that better than any- The SPEAKER pro tempore. The body in the early 1990s took bold steps Chair recognizes the gentleman from body else. I believe southside Virginia to get us on the path towards fiscal re- can do that better than anyone else. Louisiana (Mr. CASSIDY) for 2 minutes. sponsibility. We saw the same kind of But we will not get it by continuing Mr. CASSIDY. I thank you. bold leadership from the Democrats in Today is World Hepatitis Day. This the moral deficit we have had in our my state, the Commonwealth of Vir- has special meaning for me because I’m politics in recent years that puts the ginia, when MARK WARNER came in as a liver doctor, and I’ve spent 20 years easy ahead of what is right. That puts Governor, inheriting a huge deficit, treating hepatitis patients. Three to partisan gains of right and left ahead and turning it into a surplus and mak- four million Americans have hepatitis, of right and wrong. ing Virginia the best-managed State in and about two-thirds of those folks are The Democrats have a strong track the country. Governor Kaine moved in baby boomers. Maybe it has special record of fiscal responsibility in my and continued that tradition, even meaning for me because I’m a baby State of Virginia and here in this body. under much more difficult economic boomer, but it also includes firemen, We have begun a path that I hope we those affected at birth, Vietnam vet- times, of fiscal responsibility and san- will continue to march down toward erans, and many others who are af- ity. So we know that this can be done fiscal responsibility that will generate fected by this disease. Indeed, almost because we have seen Democrats do it the jobs and the economic competitive- every person, almost every family is at the national level, and we have seen ness that this country needs. touched by someone who has liver dis- Democrats do it at the State level. So I rise today hopeful and happy eases. We have taken steps in this body to that we are part of that new change Every year in this country, thou- move in the right direction. I think the here to bring back and close in this sands die from liver disease. We spend, budget should have gone further which time, to close the moral deficit, close roughly, $30 billion a year treating is why I didn’t support it. But let there the jobs deficit, and close the budget liver disease, and many more are be no doubt that we turned this ship deficit and restore the kind of responsi- frightened, even though they shouldn’t around from unending deficits to cut- bility that future generations deserve. ting those deficits in more than half in be, because they know the terrible sta- f tistics I just cited. Hepatitis doesn’t af- the next 5 years. This is the decent fect people at the end of life, but rath- thing to do. It is the right thing to do. RECESS er, it can affect people in the primes of But in addition to the budget deficits The SPEAKER pro tempore. Pursu- their lives. When it does so, it poten- that were run up in recent years, there ant to clause 12(a) of rule I, the Chair tially leaves behind orphans, widows was also a running up of a jobs deficit. declares the House in recess until noon and widowers. We hear people talking now, worried today. The best of the American spirit is suddenly about the jobs we could lose Accordingly (at 11 o’clock and 4 min- compassion. Public policy should re- by getting in front of the energy econ- utes a.m.), the House stood in recess flect this compassion, and in this case, omy. What about the jobs we have al- until noon. it will be for our friends, our families ready lost? My colleague, Mr. CON- f and, in my case, my patients touched NOLLY, has already spoken to how by hepatitis. Today, on World Hepatitis many millions of jobs have already b 1200 gone overseas, good paying, advanced Day, I ask that we, through public pol- AFTER RECESS icy, pledge our compassion to those so manufacturing jobs, engineering jobs, affected. that could have been here if this body The recess having expired, the House was called to order by the Speaker pro f had the courage and the leadership to look forwards and not backwards. tempore (Mr. BLUMENAUER) at noon. THE IMPORTANCE OF FISCAL Again, both parties have been part of f RESPONSIBILITY trade deals that I think have been a The SPEAKER pro tempore. The bad bargain for the American worker. PRAYER Chair recognizes the gentleman from But let us have no doubt that there are The Chaplain, the Reverend Daniel P. Virginia (Mr. PERRIELLO) for 5 minutes. those in this body now ready to have Coughlin, offered the following prayer:

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One God and Father of all, we ask gressman ENGEL during floor consider- government contractors accountable You to renew Your spirit within us and ation of H.R. 915, the FAA reauthoriza- for every penny they spend. lift up this Nation in confidence, in de- tion bill. This amendment will call We are addressing the issues that are termination and transformative think- simply for a cost-benefit analysis to be driving our long-term deficit. By mak- ing. performed before the redesign proceeds ing health care more affordable for Members of Congress are distinctly any further. every American, reducing our depend- unique individuals representative of The amendment will require the cost- ence on foreign oil, and improving our America. They are not only racially, benefit analysis to take into account education system to be more globally religiously and politically different; direct costs as well as the indirect competitive, we’re taking the nec- they are personally and philosophically costs of alleviating the noise that so essary steps today to ensure that we different, one from another, closest to affects my constituents. correct the fiscal mistakes of the past their families and the people of their I urge my colleagues to support this and don’t just send the bill along to fu- districts. commonsense amendment to the FAA ture generations. Yet by coming here, they are called reauthorization bill. f to form one body, to guide and protect f CLOSING AUTOMOBILE this Nation as a whole. By unfolding MEDICAL RIGHTS ACT DEALERSHIPS before their very eyes the depth and variety of human needs and by seeking (Mr. KIRK asked and was given per- (Mr. PAULSEN asked and was given permission to address the House for 1 a common response to economic and mission to address the House for 1 minute and to revise and extend his re- social concerns, may they become Your minute and to revise and extend his re- marks.) instrument to breathe hope in Your marks.) Mr. KIRK. Mr. Speaker, many are Mr. PAULSEN. Mr. Speaker, recently people and sustain perseverance in the the President’s automobile task force historical institutions of this great Na- concerned about waiting lines that would come with a government health eliminated more than 3,000 Chrysler tion, both now and forever. Amen. and GM dealerships nationwide. These f care program, and their fears are well- founded. Canada and Europe restrict dealerships are small businesses with THE JOURNAL care for patients, especially the elder- an average of 52 good-paying jobs each. So the actions by the Federal Gov- ly. The SPEAKER pro tempore. The ernment, not the private auto indus- The President has outlined three Chair has examined the Journal of the try, just put over 150,000 people out of principles for his bill: lower cost, last day’s proceedings and announces work with the wave of a government choice and access. I support these to the House his approval thereof. wand. Most troubling is that the gov- goals; and to back them, the President Pursuant to clause 1, rule I, the Jour- ernment’s decision on which dealers should also endorse the Medical Rights nal stands approved. would close appears to be arbitrary, Act. f and the reasons are not being shared Congressman DENT and I will intro- PLEDGE OF ALLEGIANCE with the public. duce the Medical Rights Act tomorrow. In my district, a long-time local The SPEAKER pro tempore. Will the Our legislation is founded on this: The dealer, Bill Mason’s Chrysler Jeep in gentleman from Minnesota (Mr. PAUL- Congress should make no law that Excelsior, was given 30 days by the SEN) come forward and lead the House blocks the decisions of American pa- President’s auto task force to shut its in the Pledge of Allegiance. tients made with their doctor. doors. Thirty days. It didn’t matter Mr. PAULSEN led the Pledge of Alle- If patients are our prime focus, then that he built the business, owns the giance as follows: their rights should be protected in law. land and provides good-paying jobs. I pledge allegiance to the Flag of the If we do not enact the Medical Rights Mr. Speaker, it is wrong to let Wash- United States of America, and to the Repub- Act, patients will be at risk when the ington bureaucrats pick winners and lic for which it stands, one nation under God, government denies care, as routinely losers without public notice at the ex- indivisible, with liberty and justice for all. happens in Canada. pense of thousands of jobs. f Once denied government care, many Canadians find doctors in America. If f AIRSPACE REDESIGN OVER CON- Congress orders the government to RESTORING FISCAL NECTICUT, NEW YORK AND NEW take over America’s health care sys- ACCOUNTABILITY JERSEY tem, then where will we be able to (Ms. WATSON asked and was given (Mr. HIMES asked and was given per- drive once denied from a government permission to address the House for 1 mission to address the House for 1 health care system? minute.) minute.) To prevent the mistakes of Canada Ms. WATSON. Mr. Speaker, Demo- Mr. HIMES. Mr. Speaker, I rise today and Britain, Congress should enact the crats have been committed to fiscal re- to talk about the FAA’s redesign of the Medical Rights Act. sponsibility since taking control of the airspace over Connecticut, New York f House in 2007. The President’s budget and New Jersey. Plans for this redesign calls for health care reform, job cre- REDUCING THE DEFICIT have moved forward, certainly in my ation, a clean environment, energy ef- district, without proper and appro- (Mr. ALTMIRE asked and was given ficiency, and college affordability to be priate input from the stakeholders and permission to address the House for 1 completely deficit neutral. from my constituents affected by this minute.) We are constantly reviewing the move. Mr. ALTMIRE. Mr. Speaker, Con- progress and spending of our recovery Planes are being rerouted to fly over gress and the President continue to programs to ensure a strong return on southwestern Connecticut upon de- work together to strengthen our econ- every public dollar spent. We’re also scent into New York’s airports, and my omy and begin the process of reducing working to cut programs that don’t constituents have been subjected to un- the mountain the debt that has accu- work or government contracts that necessary and unprecedented levels of mulated over the past 8 years. don’t deliver for the American people. noise in their homes and places of busi- We enacted a budget that reduces the We’re working hard to reform our Na- ness. A day does not go by that I don’t deficit by two-thirds over the next 4 tion’s health care system, which will hear this concern from my constitu- years and by hundreds of billions over reduce the deficit, save money for con- ents. the next year alone. We made the nec- sumers, and improve efficiencies in the Later this week I will be submitting essary hard choices to dig our way out health care system. an amendment along with my col- of the hole we inherited by eliminating In a key step, we scheduled oversight leagues Congressman SESTAK and Con- programs that don’t work and holding hearings and carefully reviewed all

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12744 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Federal spending within the commit- On this, the 55th anniversary of that search. Both private companies and the tee’s jurisdiction to eliminate waste, historic case that kindled a movement national labs in my State are making fraud and abuse. in this country that went from the excellent progress towards commer- I applaud President Obama and the streets and the churches to this Con- cially producing oil from algae and Democratic Congress for taking these gress, we need to recognize those who other green sources. critical steps and we will continue have fought so valiantly for justice and The United States currently uses 20 working with him to reduce our Na- liberty and civil rights in this Nation. million barrels of petroleum each day. tion’s deficit and debt. I appreciate their efforts and what American biofuels producers are aim- f they’ve done for our Nation. ing to reach 1 million barrels a day of biofuel production, which will really be A TRIBUTE TO THE WILKES VFW f sending a message to OPEC that Amer- POST 1142 HONOR GUARD CALIFORNIA BAILOUT ica is serious about her energy inde- (Ms. FOXX asked and was given per- (Mr. POE of Texas asked and was pendence. mission to address the House for 1 given permission to address the House f minute and to revise and extend her re- for 1 minute.) marks.) Mr. POE of Texas. Mr. Speaker, the b 1215 Ms. FOXX. Mr. Speaker, I rise today State of California boasts the highest QUALITY SOLUTIONS FOR to pay tribute to the Wilkes County, tax rates, the highest number of unem- PATIENTS North Carolina, VFW Honor Guard. ployed residents, the lowest credit rat- This band of brothers has faithfully ing and largest deficit in the United (Mr. BOUSTANY asked and was served the veterans and families of States of America. given permission to address the House Wilkes County for the past 12 years by Businesses are leaving the State in for 1 minute and to revise and extend honoring the lives of deceased veterans droves because the tax burden con- his remarks.) in Wilkes County. tinues to hammer them. Spendacrats Mr. BOUSTANY. Mr. Speaker, over Every member of the Honor Guard in California have been running their the weekend, I was privileged to give volunteers his time throughout the State for decades, just like the new left the weekly Republican address. And as year to execute the Honor Guard’s pri- government in D.C. wants to run the a doctor, I’ve seen firsthand the dif- mary duty of performing military fu- entire country: tax and borrow and ficult challenges that face health re- neral rights for deceased veterans. spend and spend. form, and at first glance, the task real- Their commitment to those who have Some spendacrats in D.C. want the ly seems daunting. However, working served our Nation demonstrates that American taxpayer to bail out Cali- together we can achieve real results for they not only understand and revere fornia by cosigning a guarantee for the American people. We can lower the life of sacrifice chosen by those their municipal bonds, placing the full out-of-pocket costs for families and re- who serve in the Armed Forces, but faith and credit of the United States duce the Federal deficit, which is bal- they also know the toll military serv- taxpayer on the hook. looning out of control. We can increase ice takes on the family of veterans. Texas taxpayers and other States the quality of care by increasing the In paying their respects to deceased with responsible government shouldn’t choices and information patients have veterans, the Wilkes VFW Honor Guard be forced to send their money to a in order to work with their doctor, the is offering a tangible thank you to vet- State that mismanages its money, doctor they choose to decide the best erans’ families and also preserving an wastes its resources and spends money care possible. Let’s begin by ensuring American tradition of marking the it doesn’t have on programs that don’t families can keep their current cov- death of veterans with dignity and re- work. Why doesn’t California cut its erage, as the President has promised to spect. spending binge and addiction to gov- do. Then we can work to lower the cost I commend the Wilkes VFW Honor ernment programs rather than expect of health care by giving patients flexi- Guard members for their selfless serv- the rest of us to bail them out? bility and choice rather than one-size- ice to their community and their Na- Next we’ll hear that taxpayers will fits-all, government-run health care. tion. They are true patriots. make money off the California bailout Working together, we can achieve real f investment, just like we were promised results and make health care more af- would happen with all the money we fordable and accessible. 55TH ANNIVERSARY OF BROWN v. gave Wall Street. Yeah, right. We all agree, improving our system BOARD OF EDUCATION And that’s just the way it is. will make America more competitive (Mr. COHEN asked and was given per- f and give families peace of mind. Let’s mission to address the House for 1 work together to put the doctor and minute.) FOCUS ON RENEWABLE ENERGY patient back in control. Mr. COHEN. Mr. Speaker, on Sunday (Mr. TEAGUE asked and was given f this Nation recognized the 55th anni- permission to address the House for 1 versary of a great Supreme Court minute.) RESTORING FISCAL case—Brown v. Board of Education of Mr. TEAGUE. In 2007 when I an- RESPONSIBILITY Topeka. That case overruled a case nounced that I would be running for (Ms. TITUS asked and was given per- called Plessy v. Ferguson, which legal- Congress, people were surprised to find mission to address the House for 1 ized segregation in this country. an oilman like myself campaigning on minute and to revise and extend her re- The people who brought about the a platform that emphasized energy marks.) Brown v. Board of Education effort did independence through a focus on re- Ms. TITUS. Mr. Speaker, after 8 much to start the civil rights move- newable energy. But I told people in years of economic policies that have ment and kindled a spirit and a spark Hobbs, Roswell, Carlsbad and across left our Nation’s fiscal house awash in in America that has led to more equal southern New Mexico that technologies red ink, this Congress is taking impor- justice and a better nation that we are like wind, solar and biofuels were not tant steps to restore fiscal responsi- continually improving upon. only good for the environment but bility. We inherited a fiscal and eco- John Hope Franklin, who recently would also create jobs in our commu- nomic mess that included soaring un- died and has been honored by this nities and bolster our national secu- employment, a record deficit and a House, researched the law on the sub- rity. housing crisis. Faced with the worst re- ject; and Thurgood Marshall, who later One area in which we can do a lot of cession in a generation, this Congress became a United States Supreme Court good is biofuels. My State of New Mex- took unprecedented action in an effort Justice, argued the case on behalf of ico is fortunate to have several biofuel to end our economic slide and turn our the NAACP Legal Defense Fund. organizations on the cutting edge of re- economy around.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12745 First was the recovery package that in the process opened the doors for testament to the virtues of progress invested in needed infrastructure and countless others to follow in her foot- and opportunity. provided tax relief to 95 percent of steps. She was a generous philan- It began as a school for young women working Americans. And now, with a thropist, contributing millions of dol- at a time when educating women was budget that calls for health care re- lars to local charities. And while she an unconventional notion. Continuing form, job creation, clean energy and in- had very little formal education her- in this spirit, Averett was among the vestments in education, we will grow self, she was a major contributor and first colleges in Virginia to give tan- our economy while cutting the deficit supporter to the University of Nevada gible meaning to the terms ‘‘lifelong by two-thirds over the next 5 years. By Las Vegas. learning’’ and ‘‘career education’’ by providing real oversight and honest ac- Claudine was a gracious hostess for creating an accelerated program of counting and with a commitment to the millions she welcomed through the higher learning for working adults. fiscal responsibility, we are changing doors of her successful hotel casinos. Today Averett has an enrollment of the way business is done in Wash- Claudine was truly one of a kind. She over 2,500 students and offers 32 major ington. is irreplaceable. She will be missed. academic fields of study. The univer- sity was recently recognized nationally f But her charitable contributions and the many lives this fabulous woman by U.S. News and World Report as one NATIONAL ENERGY TAX KILLS touched both inside and outside the of the leading baccalaureate-granting JOBS gaming industry will continue to en- colleges in the South. For over 150 (Mr. WILSON of South Carolina rich Las Vegas for decades to come. I years, Averett University has contrib- asked and was given permission to ad- loved her. She is truly a dear woman. uted to the strength of our Nation by dress the House for 1 minute and to re- And I will miss her terribly. providing men and women with the tools of thought and the spirit of serv- vise and extend his remarks.) f Mr. WILSON of South Carolina. Mr. ice. Speaker, it is troubling that with so NATIONAL SMALL BUSINESS I congratulate them on this accom- many other strategies to move our WEEK plishment and look forward to their country to a cleaner energy future, (Mrs. DAHLKEMPER asked and was next chapter. there are still some advocating that we given permission to address the House f impose a national energy tax. This tax for 1 minute.) HONORING THE REVEREND JOHN will attack the budgets of American Mrs. DAHLKEMPER. Mr. Speaker, I PRATT families, costing an extra $3,000 each rise today during National Small Busi- (Mr. TOWNS asked and was given year. And it will drive businesses and ness Week on behalf of the millions of permission to address the House for 1 the jobs they create overseas. small businesses across the country. minute and to revise and extend his re- The administration and Democratic As a family business owner and marks.) Congress who claim to be opposed to chairwoman of a Small Business sub- Mr. TOWNS. I rise to talk about the offshoring of American jobs are encour- committee, I know firsthand that these passing of Rev. John Pratt of the Zion aging companies to leave America. small firms are the driving force be- Shiloh Baptist Church in Brooklyn, This Nation does not need to impose hind job creation and our economic re- New York. He pastored that church for new taxes on its citizens to achieve the covery. Therefore we have an obliga- 30 years. John Pratt is going to be common goal of a clean energy future. tion to assist these hardworking Amer- missed in the Borough of Brooklyn. He We have the natural resources here icans during these difficult times. was the kind of person that was always that can provide the revenue and the The Recovery Act was an important involved in community efforts. What- bridge to that future. We have the sci- first step generating $21 billion in new ever you needed to have done, John entists and entrepreneurs that will cre- lending and investment opportunities Pratt was a person that you could ate the next generation of energy re- for entrepreneurs. However, we must count on. Not only that, he was un- sources. And we have the citizens who go further and relieve the pressure usual in many ways, because you could understand the benefit to their lives small businesses experience from the talk to him and, of course, he wouldn’t and to their budgets of commonsense skyrocketing cost of health insurance. call a press conference on you. You just conservation. We should explore, inno- Finally, we must help small businesses could have a discussion with him and vate and conserve, not tax and elimi- get the resources they need like those then he would do whatever it was, and nate jobs. found in the Job Creation Through En- you didn’t have to worry about him In conclusion, God bless our troops, trepreneurship Act that the House will calling a big press conference to let the and we will never forget September the take up this week. world know that you had asked him to 11th and the global war on terrorism. Mr. Speaker, small businesses are do something. f critical both to job creation and our He was the kind of person that was Nation’s recovery. During National PAYING TRIBUTE TO CLAUDINE able to pull people together. He was a Small Business Week, Congress should WILLIAMS, A TRUE LAS VEGAS coalition builder. We are going to miss renew our commitment to giving them PIONEER John and his coalition skills because the assistance they deserve. he could talk to anybody at any point (Ms. BERKLEY asked and was given f in any time. And that was the thing permission to address the House for 1 CONGRATULATING AVERETT UNI- that he was able to do so well. minute and to revise and extend her re- I will never forget that when my VERSITY IN DANVILLE, VIRGINIA marks.) mother passed, how John was there on Ms. BERKLEY. I rise today to pay (Mr. PERRIELLO asked and was behalf of my family. So let me say to tribute to a dear friend and a true Las given permission to address the House the Pratt family that you have my sup- Vegas pioneer, Claudine Williams, who for 1 minute.) port in every way. If there is anything died last week at the age of 88. Mr. PERRIELLO. Mr. Speaker, yes- I can do, just let me know. I would be Claudine was a smart, savvy, tough terday the House unanimously passed a delighted to do it, because he was there businesswoman with a heart of gold resolution I was pleased to introduce in for me, and I want to be there for you. and a true commitment to the commu- recognition of Averett University’s 150 f nity she helped shape into the 21st cen- years of service and leadership to the tury, Las Vegas, known around the Commonwealth of Virginia and the Na- FISCAL RESPONSIBILITY world. As the first woman to own and tion. Averett University stands at the (Mr. ELLISON asked and was given run a casino on the Las Vegas Strip, center of knowledge and innovation in permission to address the House for 1 the famous Silver Slipper, Claudine re- southern Virginia. Founded in historic minute and to revise and extend his re- defined Nevada’s gaming industry and Danville in 1859, Averett stands as a marks.)

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12746 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Mr. ELLISON. Mr. Speaker, I want to subject to guidance from the Director of the Economic Recovery Act. H.R. 2182 will talk this morning about a matter of Office of Management and Budget,’’; and help ensure efficient and effective use great importance to the American peo- (3) by striking ‘‘data collection require- of the taxpayers’ money provided to ple. As this new Congress and Presi- ments’’ and inserting ‘‘data collection re- State and local governments for stim- quirements, auditing, contract and grant dent Obama begin to repair and re- planning and management, and investiga- ulus projects. This legislation grew out shape our economy, I think it is criti- tions of waste, fraud, and abuse’’. of a hearing the Oversight Committee cally important for Americans to know (b) STATE AND LOCAL GOVERNMENT AUTHOR- held on the Recovery Act. Many State and remember how we got into this ITY.—Such section is further amended by and local officials responsible for over- mess we find ourselves in today. adding at the end the following new sub- seeing spending of stimulus dollars President Obama and this Congress section: pointed out to us that in these troubled inherited a fiscal mess from the Bush ‘‘(b) STATE AND LOCAL GOVERNMENT AU- economic times, they are under tre- THORITY.—Notwithstanding any other provi- administration, including a record def- sion of law, State and local governments re- mendous pressure to conduct their nor- icit and soaring unemployment. Since ceiving funds under this Act may set aside mal oversight work, let alone cope taking control of the House in 2007, an amount up to 0.5 percent of such funds, in with the increase that the Recovery Democrats have committed to restor- addition to any funds already allocated to Act requires. ing fiscal responsibility, taking steps administrative expenditures, to conduct Our hearings, Mr. Speaker, made to cut waste, fraud and abuse. The planning and oversight to prevent and detect clear, that State and local govern- President’s budget slashes the deficit waste, fraud, and abuse.’’. ments need additional resources to by nearly two-thirds in 4 years. The (c) CONFORMING AMENDMENT.—The heading monitor the large infusion of funds the for section 1552 of such Act is amended to budget also calls for health care re- read as follows: Recovery Act directs. H.R. 2182 will form, job creation, clean energy and ‘‘SEC. 1552. FUNDING FOR STATE AND LOCAL provide State and local governments energy efficiency, and college afford- GOVERNMENT OVERSIGHT.’’. with the flexibility to set aside a por- ability. SEC. 3. AUTHORIZATION FOR ACQUISITION BY tion of their stimulus funds for audit- We will continue to work to repair STATE AND LOCAL GOVERNMENTS ing, contract and grant planning and THROUGH FEDERAL SUPPLY SCHED- the damage of the last 8 years of irre- ULES. management, and investigations of sponsibility. Section 502 of title 40, United States Code, waste, fraud and abuse. is amended by adding at the end the fol- f The bill also permits State and local lowing: governments to use the Federal supply ANNOUNCEMENT BY THE SPEAKER ‘‘(e) USE OF SUPPLY SCHEDULES FOR ECO- schedules of the General Services Ad- PRO TEMPORE NOMIC RECOVERY.— ministration for stimulus projects. The ‘‘(1) IN GENERAL.—The Administrator may The SPEAKER pro tempore. Pursu- provide for the use by State or local govern- GSA schedules are prenegotiated Fed- ant to clause 8 of rule XX, the Chair ments of Federal supply schedules of the eral contracts for a range of common will postpone further proceedings General Services Administration for goods or goods and services. today on motions to suspend the rules services that are funded by the American Re- This is a win-win situation because it on which a recorded vote or the yeas covery and Reinvestment Act of 2009 (Public will allow State and local governments and nays are ordered, or on which the Law 111–5). to acquire certain items without en- ‘‘(2) VOLUNTARY USE.—In the case of the vote incurs objection under clause 6 of gaging in time-consuming contracting use by a State or local government of a Fed- procedures while guaranteeing the low- rule XX. eral supply schedule pursuant to paragraph Record votes on postponed questions (1), participation by a firm that sells to the est rate price for them. will be taken later. Federal Government through the supply Lastly, H.R. 2182 requires the Office schedule shall be voluntary with respect to a of Management and Budget to give de- f sale to the State or local government tailed guidance to State and local gov- ENHANCED OVERSIGHT OF STATE through such supply schedule. ernments to ensure consistency in AND LOCAL ECONOMIC RECOV- ‘‘(3) DEFINITIONS.—The definitions in sub- their reporting of job creation data. ERY ACT section (c)(3) shall apply for purposes of this Our State and local governments are subsection.’’. on the front lines of the efforts to fight Mr. TOWNS. Mr. Speaker, I move to SEC. 4. DEFINITION OF JOBS CREATED AND JOBS mismanagement of Recovery Act dol- suspend the rules and pass the bill RETAINED. lars. Their success is vital to making (H.R. 2182) to amend the American Re- Section 1512(g) of the American Recovery the stimulus work for the American covery and Reinvestment Act of 2009 to and Reinvestment Act of 2009 (Public Law people. provide for enhanced State and local 111–5; 123 Stat. 288) is amended by adding at the end ‘‘The Director of the Office of Man- Let me pause here and thank Rank- oversight of activities conducted pur- agement and Budget shall issue guidance to ing Member ISSA, who has worked very suant to such Act, and for other pur- ensure accurate and consistent reporting of closely with me in crafting this legisla- poses. ‘jobs created’ and ‘jobs retained’ as those tion, and I want to thank him for that. The Clerk read the title of the bill. terms are used in subsection (c)(3)(D).’’. I would also like to thank Representa- The text of the bill is as follows: The SPEAKER pro tempore. Pursu- tive KUCINICH, who has worked with us, H.R. 2182 ant to the rule, the gentleman from Representative PLATTS, and Represent- Be it enacted by the Senate and House of Rep- New York (Mr. TOWNS) and the gen- atives WELCH and CONNOLLY for work- resentatives of the United States of America in tleman from California (Mr. ISSA) each ing with me on this bill. Congress assembled, will control 20 minutes. I should note that the legislation in- SECTION 1. SHORT TITLE. The Chair recognizes the gentleman corporates part of H.R. 1911, which was This Act may be cited as the ‘‘Enhanced from New York. Oversight of State and Local Economic Re- introduced by Representative CON- GENERAL LEAVE covery Act’’. NOLLY from Virginia. H.R. 2182 is a Mr. TOWNS. Mr. Speaker, I ask SEC. 2. REQUIREMENTS FOR FUNDING FOR strong bill. I urge all Members to sup- STATE AND LOCAL OVERSIGHT unanimous consent that all Members port this critical oversight and ac- UNDER AMERICAN RECOVERY AND may have 5 legislative days in which to countability measure. REINVESTMENT ACT OF 2009. revise and extend their remarks. And I reserve the balance of my time. (a) FEDERAL AGENCY REQUIREMENT.—Sec- The SPEAKER pro tempore. Is there tion 1552 of the American Recovery and Re- objection to the request of the gen- b 1230 investment Act of 2009 (Public Law 111–5; 123 tleman from New York? Mr. ISSA. Thank you, Mr. Speaker. I Stat. 297) is amended— There was no objection. yield myself such time as I may con- (1) by inserting ‘‘(a) FEDERAL AGENCY RE- QUIREMENT.—’’ before ‘‘Federal agencies re- Mr. TOWNS. Mr. Speaker, I yield my- sume. ceiving’’; self as much time as I may consume. I join with the chairman in urging all (2) by striking ‘‘may,’’ and all that follows I rise in support of H.R. 2182, the En- Members to vote for this important through ‘‘reasonably’’ and inserting ‘‘shall, hanced Oversight of State and Local correction piece of legislation. I say

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12747 ‘‘correction’’ because, in fact, we in and efficiently. I would also like to thank my opment of new assistive technologies Congress make mistakes. It wasn’t out legislative director, Mr. Arthur D. Sidney, for all for specially adapted housing, as of malice that we spent $800 billion his hard work. amended. without asking the question of where This bill will require federal agencies receiv- The Clerk read the title of the bill. would the money for oversight come ing funds under the American Recovery and The text of the bill is as follows: from. These kinds of things happen in Reinvestment Act, subject to guidance from H.R. 1170 every organization where you’re in the Director of the Office of Management and Be it enacted by the Senate and House of Rep- such a rush to do one thing that it’s Budget (OMB), to reasonably adjust applicable resentatives of the United States of America in not until later on in the light of the limits on administrative expenditures for fed- Congress assembled, next day, or in the case of Chairman eral awards to help award recipients defray SECTION 1. SPECIALLY ADAPTED HOUSING AS- TOWNS and myself, it’s when we held a costs of data collection, auditing, contract and SISTIVE TECHNOLOGY GRANT PRO- GRAM. field hearing in his district in Brooklyn grant planning and management, and inves- (a) IN GENERAL.—Chapter 21 of title 38, and people said, Thank you very much tigations of waste, fraud, and abuse required United States Code, is amended by adding at the for the money, but here is A, B, C, D— under such Act. end the following new section: what’s really happening? I commend The ‘‘Enhanced Oversight of State and ‘‘§ 2108. Specially adapted housing assistive Chairman TOWNS for quickly reacting Local Economic Recovery Act’’ modifies the technology grant program to this and to some other issues that Recovery Act and provides state and local ‘‘(a) ESTABLISHMENT.—The Secretary shall were found to be less than optimal in governments the flexibility to set aside a por- make grants to encourage the development of the stimulus package. tion of their stimulus funds, up to .5% of such new assistive technologies for specially adapted In the case of this legislation, H.R. funds, in addition to any funds already allo- housing. 2182, we seek to empower with existing cated to administrative expenditures, to con- ‘‘(b) APPLICATION.—A person seeking a grant funds State and local governments to duct planning, management and oversight in- under this section shall submit to the Secretary not have to reach into other money in an application for the grant in such form and vestigations to prevent and detect waste, manner as the Secretary shall specify. order to do oversight. This is not to say fraud, and abuse. ‘‘(c) GRANT FUNDS.—(1) The amount of each that we wouldn’t prefer that the over- Furthermore, H.R. 2182 will permit the Ad- grant awarded under this section shall be an sight be done at all times even without ministrator of the General Services Administra- amount of not more than $200,000 per year. Federal money, but at a time in which tion (GSA) to provide for the use by state and ‘‘(2) For each year in which the Secretary the stimulus needs to be spent quickly local governments of GSA federal supply makes a grant under this section, the Secretary and accurately, this legislation recog- schedules for goods or services funded by shall make the grant by not later than October nizes that money in short supply in such Act. The GSA schedules are pre-nego- 1 of that year. ‘‘(d) USE OF FUNDS.—(1) The recipient of a States and in cities is likely not to go tiated federal contracts for a range of common grant under this section shall use the grant to into the oversight necessary. goods and services, for stimulus projects. In develop assistive technologies for use in spe- Particularly with the chairman’s ini- addition, this bill will make participation by a cially adapted housing. tiative to ensure that transparency be firm that sells to a state or local government ‘‘(2) If the recipient of a grant under this sec- greater than in any previous Congress, through such schedule, voluntary as well as tion is awarded a patent related to assistive I recognize—and he has recognized— require the OMB Director to issue guidance to technology developed with amounts under the that if we want greater transparency, ensure accurate and consistent reporting of grant, the Secretary shall retain not less than a we are going to have to ensure that we 30 percent interest in such patent. ‘‘jobs created’’ and ‘‘jobs retained’’ data. ‘‘(e) REPORT.—Not later than March 1 of each not only supply the funds to do the There is much concern that state and local year, the Secretary shall submit to Congress a oversight but that we supply the new governments are unable to meet the oversight report containing information related to each technology and means to do the over- demands placed on them by the Recovery grant awarded under this section during the sight. This legislation is deliberately Act. The stimulus calls for unparalleled over- preceding calendar year, including— intended to allow for cities and States sight and accountability, so we must provide ‘‘(1) the name of the grant recipient; to make investments in hardware or those whose job it is to root out waste, fraud, ‘‘(2) the amount of the grant; and software that allows for them to better ‘‘(3) the goal of the grant. and abuse with the adequate tools to get the ‘‘(f) FUNDING.—From amounts appropriated to dig down into their procurement proc- job done. Our state and local governments are the Department for Medical Services for each ess, their spending, to work smarter, on the front lines of this monumental effort to fiscal year, $2,000,000 shall be available for each not just harder. fight mismanagement of Recovery Act dollars such fiscal year for the purposes of the program Having no other speakers at this and their success is vital to making the stim- under this section. time, I yield back the balance of my ulus work. Not initially providing funds for state ‘‘(g) TERMINATION.—The authority to make a time. auditors under the Recovery Act was an omis- grant under this section shall terminate on the date that is five years after the date of the en- Mr. TOWNS. Mr. Speaker, in closing, sion that needs to be rectified. I encourage all I would like to reiterate my strong actment of this section.’’. of my colleagues to support this bill. (b) CLERICAL AMENDMENT.—The table of sec- support of H.R. 2182 as it provides State Mr. TOWNS. Mr. Speaker, I yield tions at the beginning of chapter 21 of title 38, and local governments with the flexi- back the balance of my time. United States Code, is amended by adding at the bility and resources they need to prop- The SPEAKER pro tempore. The end the following: erly monitor the stimulus project. In question is on the motion offered by ‘‘2108. Specially adapted housing assistive tech- our hearing, they asked for help, and of the gentleman from New York (Mr. nology grant program.’’. course, with Congressman ISSA and TOWNS) that the House suspend the (c) DEADLINE FOR IMPLEMENTATION.—The with members of the committee, we are rules and pass the bill, H.R. 2182. Secretary shall implement the grant program now giving them that help. I urge my The question was taken; and (two- under section 2108 of title 38, United States colleagues to join me in supporting the thirds being in the affirmative) the Code, as added by subsection (a), by not later passage of this measure. rules were suspended and the bill was than 180 days after the date of the enactment of this Act. Ms. JACKSON-LEE of Texas. Mr. Speaker, passed. I stand before you today in support of H.R. A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- 2182, the ‘‘Enhanced Oversight of State and the table. ant to the rule, the gentleman from California (Mr. FILNER) and the gen- Local Economic Recovery Act.’’ I would like to f thank my colleague Representative TOWNS for tleman from Arkansas (Mr. BOOZMAN) introducing this bill and I urge my colleagues ADAPTED HOUSING ASSISTIVE each will control 20 minutes. to support H.R. 2182, amending the American TECHNOLOGY GRANT PROGRAM The Chair recognizes the gentleman Recovery and Reinvestment Act of 2009. Sup- Mr. FILNER. Mr. Speaker, I move to from California. porting this bill will ensure that those people suspend the rules and pass the bill GENERAL LEAVE responsible for monitoring and accounting the (H.R. 1170) to amend chapter 21 of title Mr. FILNER. Mr. Speaker, I ask $787 billion currently being allocated through 38, United States Code, to establish a unanimous consent that all Members the Recovery Act are able to do so both fairly grant program to encourage the devel- may have 5 legislative days to revise

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12748 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 and extend their remarks and to in- tion for seriously wounded veterans. would retain a 30 percent interest in clude extraneous material on H.R. 1170, These solutions can be as simple as any patents evolving from the grant. as amended. ramps or other structural modifica- I truly appreciate Congresswoman The SPEAKER pro tempore. Is there tions or they can be more complex, HERSETH SANDLIN in working with me objection to the request of the gen- such as voice recognition controls for a on this very important bipartisan leg- tleman from California? home’s heating system. islation. There was no objection. Also, H.R. 1170, as amended, gives the Again, Mr. Speaker, I want to thank Mr. FILNER. I yield myself such Department of Veterans Affairs a 30 the chairwoman of the Subcommittee time as I may consume. percent stake in any patent approved on Economic Opportunity, Ms. Mr. Speaker, in about a week, on as a result of this grant program. This HERSETH SANDLIN, committee Chair- Monday, May 25, our country will mark measure will allow taxpayers to re- man FILNER, and Ranking Member the 38th year in which Congress has ceive a reasonable return on their in- STEVE BUYER for moving this bill for- formally recognized the last Monday of vestment as well as to promote cre- ward in a timely manner, as well May as Memorial Day in honor of our ativity and ingenuity among the de- thanking our staffs. I urge my col- brave men and women who have made signers and inventors working with the leagues to support H.R. 1170, as amend- the ultimate sacrifice for our Nation, VA on these grants. ed. so I stand before you today with a se- The Specially Adapted Housing Pro- With that, having no other speakers, ries of bills to honor our fallen men gram has been a tremendous help to I yield back my time. and women and our current veterans many veterans, and it is expected to Mr. FILNER. Mr. Speaker, I just and those on current active duty with fund 1,250 projects in 2010. This bill will want to conclude by telling the House deeds and not just with words that we expand and improve this program, and that, recently, we had a committee speak on Memorial Day. So we want to it is a wise investment in our veterans. meeting to learn more about how new honor the legacy of our fallen service- I thank Chairman FILNER for noting technologies can augment the VA’s members. We look forward to ensuring the working relationship that I have ability to efficiently meet the adaptive that our veterans are cared for at the with the distinguished ranking mem- needs of our veterans and improve the same level of dedication and service ber, Mr. BOOZMAN of Arkansas. When healing process. We have a new Sec- that they have provided while in serv- he once chaired the subcommittee, we retary of the VA, who has committed ice to our country. worked together then and continue to himself to transformation. We have a The bills before you today have all work today on a whole host of pro- new Deputy Secretary, Mr. Gould, who come through our Economic Oppor- grams, particularly housing for our dis- comes from IBM and who understands tunity Subcommittee, chaired by Ms. abled veterans in light of the current how a big organization can innovate. HERSETH SANDLIN from South Dakota needs of veterans and their families. That’s going to be an important part of and with her ranking member, Mr. I want to thank Mr. BOOZMAN for the VA’s moving into the 21st century. BOOZMAN from Arkansas. They have sponsoring this important bill, and I This is a part of that. proven to be a formidable team, a team encourage my colleagues to support I thank Mr. BOOZMAN for introducing which works well together, which H.R. 1170, as amended. it. I thank Chair HERSETH SANDLIN for brings our committee together and Mr. BOOZMAN. I yield myself as working with him to move this along. which brings us bills that are very im- much time as I may consume. I recommend that everybody vote for portant to our veterans today. So I Mr. Speaker, on February 25, 2009, I, H.R. 1170. thank both the Chair and her ranking along with Congresswoman STEPHANIE I yield back the balance of our time. member for all of the good work that HERSETH SANDLIN, introduced H.R. The SPEAKER pro tempore. The they do with our committee. 1170, which would amend chapter 21 of question is on the motion offered by I think I will yield to Ms. HERSETH title 38, United States Code, to estab- the gentleman from California (Mr. SANDLIN to explain the bills because lish a grant program to encourage the FILNER) that the House suspend the she has played such an important role development of new, assistive tech- rules and pass the bill, H.R. 1170, as in them. I will yield to her such time nologies for specially adapted housing. amended. as she may consume. H.R. 1170, as amended, would authorize The question was taken; and (two- Ms. HERSETH SANDLIN. Thank the VA to use up to $2 million per year thirds being in the affirmative) the you, Mr. Speaker, and I thank the to provide grants of up to $200,000 to ex- rules were suspended and the bill, as chairman for yielding. pand research and development in the amended, was passed. As the chairwoman of the Veterans areas of adaptive technologies that can A motion to reconsider was laid on Affairs’ Economic Opportunity Sub- be used in the VA’s Specially Adapted the table. committee, I rise today in strong sup- Housing Program. f port of H.R. 1170, as amended. I would The goal of VA’s specially adapted like to thank Chairman FILNER, Rank- housing benefit is to enable severely MANDATORY VETERAN ing Member BUYER on the full com- disabled veterans to live in a home SPECIALIST TRAINING ACT OF 2009 mittee and the sponsor of the bill, and with modifications that make daily life Mr. FILNER. Mr. Speaker, I move to subcommittee ranking member, Mr. and daily living easier—typical adapta- suspend the rules and pass the bill BOOZMAN, for their leadership and bi- tions or structural modifications such (H.R. 1088) to amend title 38, United partisan support of this bill, which the as ramps, wider halls and doors, grab States Code, to provide for a one-year full committee passed on May 6. rails, and lower counters. Yet there are period for the training of new disabled The bill offers important improve- many emerging technologies that lend veterans’ outreach program specialists ments to the Department of Veterans themselves well to improving the liv- and local veterans’ employment rep- Affairs’ Specially Adapted Housing ability of adapted homes. Some exam- resentatives by National Veterans’ Em- Program by creating a 5-year pilot pro- ples of possible home modifications are ployment and Training Services Insti- gram to promote the research and de- voice recognition and voice-com- tute. velopment of adaptive technologies. manded operations, integrated com- The Clerk read the title of the bill. With many veterans returning from puter-managed functions, alternative The text of the bill is as follows: the conflicts in Iraq and Afghanistan human computer interfaces, living en- H.R. 1088 with injuries such as traumatic brain vironment controls, adaptive feeding Be it enacted by the Senate and House of Rep- injury, it is important that research equipment, fall prevention devices, and resentatives of the United States of America in and development help meet the demand recreation assistance equipment. Congress assembled, for cost-effective solutions that could Finally, the bill includes a provision SECTION 1. SHORT TITLE. mitigate the needs for around-the- that is a result of funding an R&D pro- This Act may be cited as the ‘‘Mandatory clock nursing care or institutionaliza- gram. Under this authorization, the VA Veteran Specialist Training Act of 2009’’.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12749 SEC. 2. ONE-YEAR PERIOD FOR TRAINING OF the distinguished ranking member of we passed legislation to require State NEW DISABLED VETERANS’ OUT- the subcommittee, Mr. BOOZMAN, for employment services to send their dis- REACH PROGRAM SPECIALISTS AND LOCAL VETERANS’ EMPLOYMENT their leadership and for, again, their abled veterans’ outreach program spe- REPRESENTATIVES BY NATIONAL bipartisan support of this bill, which I cialists—or DVOPS—and local vet- VETERANS’ EMPLOYMENT AND introduced on February 13, 2009. erans’ employment representatives TRAINING SERVICES INSTITUTE. The bill would amend title 38 to re- through basic job placement training (a) ONE-YEAR PERIOD.—Section 4102A(c)(8)(A) of title 38, United States Code duce from 3 years to 1 year the period within 3 years. is amended by striking ‘‘three-year period’’ during which disabled veterans’ out- States have had sufficient time to and inserting ‘‘one-year period’’. reach program specialists or local vet- meet the initial training backlog, and (b) EFFECTIVE DATE.— erans’ employment representatives we should now require that employ- (1) APPLICABILITY TO NEW EMPLOYEES.—The with the Department of Labor must ment specialists be trained within a amendment made by subsection (a) shall complete the specialized veterans’ em- shorter period of time to ensure vet- apply with respect to a State employee as- ployment training program provided by erans’ employment staff is trained signed to perform the duties of a disabled the National Veterans’ Training Insti- properly and promptly after being veterans’ outreach program specialist or a local veterans’ employment representative tute. The National Veterans’ Training hired by the State employment service. under chapter 41 of such title who is so as- Institute program is designed to give Again, I appreciate Ms. HERSETH signed on or after the date of the enactment those specialists the correct skill set SANDLIN for bringing this forward. I of this Act. that can help veterans so that they can think it’s an excellent bill. (2) APPLICABILITY TO PREVIOUSLY-HIRED EM- help veterans with a wide variety of Having no other speakers, I want to PLOYEES.—In the case of such a State em- employment services such as transition thank committee Chairman FILNER ployee who is so assigned on or after January assistance and case management. and Ranking Member STEVE BUYER, 1, 2006, and before the date of the enactment along with our staffs, and urge my col- of this Act, the Secretary of Veterans Affairs b 1245 leagues to support H.R. 1088. shall require the State to require, as a condi- Through several oversight hearings tion of a grant or contract under which funds With that, I yield back my time. are made available to the State in order to held by the Subcommittee on Eco- Mr. FILNER. I, again, thank the carry out section 4103A or 4104 of title 38, nomic Opportunity that we have held chair and the ranking member, and I United States Code, each such employee to throughout the 110th and 111th Con- urge all of my colleagues to unani- satisfactorily complete the training de- gresses, we learned it was taking on av- mously support H.R. 1088, and I yield scribed in section 4102A(c)(8)(A) of such title erage 2.5 years before individuals were back the balance of our time. by not later than the date that is one year completing the National Veterans The SPEAKER pro tempore. The after the date of the enactment of this Act. Training Institute Program. This fact, question is on the motion offered by The SPEAKER pro tempore. Pursu- therefore, leaves untrained specialists the gentleman from California (Mr. ant to the rule, the gentleman from who don’t have the necessary skills FILNER) that the House suspend the California (Mr. FILNER) and the gen- trying to help veterans with their em- rules and pass the bill, H.R. 1088. tleman from Arkansas (Mr. BOOZMAN) ployment needs. So this bill takes an The question was taken; and (two- each will control 20 minutes. important step in the right direction to thirds being in the affirmative) the The Chair recognizes the gentleman providing better employment assist- rules were suspended and the bill was from California. ance to those who have bravely served passed. GENERAL LEAVE their country. A motion to reconsider was laid on Mr. FILNER. I ask unanimous con- Again, I thank Chairman FILNER for the table. his support of this important bill, and sent that all Members may have 5 leg- f islative days to revise and extend their I urge my colleagues to support this remarks and to include extraneous ma- bill. VETERANS EMPLOYMENT RIGHTS terial on H.R. 1088. Mr. BOOZMAN. I yield myself such REALIGNMENT ACT OF 2009 The SPEAKER pro tempore. Is there time as I may consume. Mr. FILNER. Mr. Speaker, I move to objection to the request of the gen- Mr. Speaker, providing first-class suspend the rules and pass the bill tleman from California? employment services to veterans is the (H.R. 1089) to amend title 38, United There was no objection. most basic way to ensure they can sup- States Code, to provide for the enforce- Mr. FILNER. I yield myself such port themselves and their families, and ment through the Office of Special time as I may consume. that is why I rise in strong support of Counsel of the employment and unem- Mr. Speaker, this legislation was in- H.R. 1088, the Mandatory Veteran Spe- ployment rights of veterans and mem- troduced by Ms. HERSETH SANDLIN of cialist Training Act of 2009. This meas- bers of the Armed Forces employed by South Dakota. She has demonstrated ure would amend title 38 of the United Federal executive agencies, and for her commitment to our Nation’s vet- States Code to provide for a 1-year pe- other purposes, as amended. erans for many, many years. Her work riod for the training of new disabled The Clerk read the title of the bill. as Chair of the Economic Opportunity veterans’ outreach program specialists The text of the bill is as follows: Subcommittee, with Mr. BOOZMAN, al- and local veterans’ employment rep- H.R. 1089 ways bears fruit. H.R. 1088 is one of resentatives by the National Veterans’ Be it enacted by the Senate and House of Rep- those bills. Employment and Training Services In- resentatives of the United States of America in I yield to the gentlewoman from stitute. Congress assembled, South Dakota (Ms. HERSETH SANDLIN) H.R. 1088 was introduced by our dis- SECTION 1. SHORT TITLE. as much time as she may consume to tinguished colleague, the chairwoman This Act may be cited as the ‘‘Veterans Em- explain the bill. of the Subcommittee on Economic Op- ployment Rights Realignment Act of 2009’’. Ms. HERSETH SANDLIN. Thank portunity, STEPHANIE HERSETH SAND- SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPE- you, Mr. Speaker, and I thank the LIN, on February 13, 2009. Mr. Speaker, CIAL COUNSEL OF VETERANS’ EM- PLOYMENT OR REEMPLOYMENT chairman once again. I was pleased to work with Ms. RIGHTS WITH RESPECT TO EMPLOY- I rise today in strong support of H.R. HERSETH SANDLIN in the 109th Congress ERS THAT ARE FEDERAL EXECUTIVE 1088, the Mandatory Veteran Specialist to begin the process of improving the AGENCIES. Training Act of 2009, which the Eco- training levels of State and employ- (a) ENFORCEMENT OF RIGHTS THROUGH OFFICE nomic Opportunity Subcommittee ment service staff. We did that because OF SPECIAL COUNSEL.—Section 4322 of title 38, passed on March 19 and which the full there was a significant backlog of un- United States Code, is amended— (1) by striking subsection (a) and inserting the committee approved on May 6. trained staff and we needed to give following new subsection (a): I want to thank again Chairman FIL- States adequate time to train their ‘‘(a)(1)(A) A person described in subparagraph NER, the ranking member of the full veterans’ employment staff that were (B) may file a complaint with the Secretary, and committee, Mr. BUYER, and once again paid for with Federal funds. Together, the Secretary shall investigate such complaint.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 6333 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12750 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(B) A person described in this subparagraph (iii) by striking the second sentence; and employees, former employees and ap- is a person who claims that— (B) in subsection (b)— plicants for employment from prohib- ‘‘(i) such person is entitled under this chapter (i) in paragraph (1)— ited personnel practices. (I) by striking ‘‘Secretary’’ and inserting to employment or reemployment rights or bene- Under a demonstration project estab- fits with respect to employment by an employer ‘‘Special Counsel’’; and other than an employer that is a Federal execu- (II) by striking ‘‘section 4322(a)’’ and insert- lished by Public Law 108–454, the Office tive agency; and ing ‘‘section 4322(a)(2) of this title’’; and of Special Counsel investigated some ‘‘(ii) such employer has failed or refused, or is (ii) in paragraph (2)— Federal sector USERRA claims from about to fail or refuse, to comply with the provi- (I) by striking ‘‘Secretary’’ and inserting 2004 until 2007. This demonstration sions of this chapter. ‘‘Special Counsel’’; and project showed that the Office of Spe- ‘‘(2)(A) A person described in subparagraph (II) by striking ‘‘section 4322(e)’’ and inserting cial Counsel had the expertise and abil- ‘‘section 4322(e)(2) of this title’’; (B) may file a complaint with the Special Coun- ity to quickly obtain corrective action sel established by section 1211 of title 5. (4) in section 4325(c), by striking ‘‘section ‘‘(B) A person described in this subparagraph 4322(d)’’ and inserting ‘‘section 4322(d)(1)’’; and for federally employed veterans. is a person who claims that— (5) in section 4326— By granting the Office of Special ‘‘(i) such person is entitled under this chapter (A) in subsection (a), by inserting ‘‘or the Spe- Counsel initial jurisdiction over all of to employment or reemployment rights or bene- cial Counsel’s’’ after ‘‘Secretary’s’’; and these Federal USERRA claims, we give fits with respect to employment by an employer (B) by striking ‘‘Secretary’’ each place it ap- claimants a single agency to inves- that is a Federal executive agency; and pears and inserting ‘‘Secretary or the Special tigate and resolve their complaint. ‘‘(ii)(I) such employer has failed or refused, or Counsel’’. This will be more efficient than the is about to fail or refuse, to comply with the (c) CONFORMING REPEAL.—The Veterans Ben- provisions of this chapter; or efits Improvement Act of 2004 (Public Law 108– current circumstance where first the ‘‘(II) such employer or the Office of Personnel 454) is amended by striking section 204. Department of Labor investigates the Management has failed or refused, or is about to (d) EFFECTIVE DATE.—The amendments made claim, and then the claim is then fail or refuse, to comply with the provisions of by this section shall apply with respect to com- transferred to OSC at the veteran’s re- this chapter.’’; plaints filed on or after the date of the enact- quest if the Department of Labor fails (2) by striking subsections (d) and (e) and in- ment of this Act. to find a resolution, which then serting the following new subsections (d) and The SPEAKER pro tempore. Pursu- prompts a second investigation. (e): ant to the rule, the gentleman from So, again, I want to thank the chair- ‘‘(d)(1) The Secretary shall investigate each complaint submitted pursuant to subsection California (Mr. FILNER) and the gen- man, Chairman FILNER, for his support. (a)(1). If the Secretary determines as a result of tleman from Arkansas (Mr. BOOZMAN) I also want to thank Congresswoman the investigation that the action alleged in such each will control 20 minutes. KIRKPATRICK for her amendment during complaint occurred, the Secretary shall attempt The Chair recognizes the gentleman the subcommittee consideration of the to resolve the complaint by making reasonable from California. bill that clarified the role of the Office efforts to ensure that the person or entity named Mr. FILNER. Mr. Speaker, I would of Special Counsel in this important in the complaint complies with the provisions of yield myself such time as I may con- piece of legislation. Again, I encourage this chapter. sume and again thank our dynamic duo my colleagues to support H.R. 1089. ‘‘(2) If the efforts of the Secretary with respect to any complaint filed under subsection (a)(1) on the Economic Opportunity Sub- Mr. BOOZMAN. Mr. Speaker, I yield do not resolve the complaint, the Secretary shall committee for bringing us another bill myself such time as I may consume. notify the person who submitted the complaint which will protect the rights of our Mr. Speaker, I rise in strong support of— veterans and especially in job opportu- of H.R. 1089 as amended, the Veterans ‘‘(A) the results of the Secretary’s investiga- nities. Employments Rights Realignment Act tion; and I yield as much time as she may con- of 2009 which would amend title 38, ‘‘(B) the complainant’s entitlement to proceed sume to the gentlelady from South Da- United States Code, to provide for the under the enforcement of rights provisions pro- kota (Ms. HERSETH SANDLIN). investigation and enforcement of the vided under section 4323. ‘‘(e)(1) In the case of a complaint filed under Ms. HERSETH SANDLIN. Thank employment and unemployment rights subsection (a)(2), the Special Counsel shall in- you, Mr. Chairman, for being so sup- of veterans and members of the Armed vestigate the complaint. If the Special Counsel portive of the work of the sub- Forces employed by Federal executive determines as a result of the investigation that committee. agencies through the Office of Special the action alleged in such complaint occurred, I rise today in strong support of H.R. Counsel and for other purposes. the Special Counsel shall attempt to resolve the 1089, as amended, the Veterans Em- This bill was introduced by the chair- complaint by making reasonable efforts to en- ployment Rights Realignment Act of woman of the Subcommittee on Eco- sure that the person or entity named in the com- 2009, which the Economic Opportunity nomic Opportunity, Ms. STEPHANIE plaint complies with the provisions of this chap- ter. Subcommittee passed on March 19 and HERSETH SANDLIN, on February 13, 2009. ‘‘(2) If the efforts of the Special Counsel with the full committee approved on May 6. Mr. Speaker, as I stated earlier today respect to any complaint filed under subsection Once again, we wouldn’t be able to when speaking about H.R. 466, as (a)(2) do not resolve the complaint, the Special consider this bill today if not for the amended, the Uniform Services Em- Counsel shall notify the person who submitted support and leadership of the chairman ployment and Reemployment Rights the complaint of— and ranking member both of the full Act provides significant protections to ‘‘(A) the results of the investigation by the committee as well as Mr. BOOZMAN on veterans returning to civilian employ- Special Counsel; and ‘‘(B) the complainant’s entitlement to proceed the subcommittee. And we introduced ment. In the past, enforcement of these under the enforcement of rights provisions pro- this bill on February 13, 2009, again in rights was limited to the Department vided under section 4324.’’. response to a number of hearings that of Labor’s veterans employment and (b) TECHNICAL AND CONFORMING AMEND- were held in the 110th Congress. training services—VETS. Unfortu- MENTS.—Such title is further amended— The bill would amend title 38 of the nately, the VETS case investigation (1) in section 4322(b), by striking ‘‘Such com- U.S. Code to move the enforcement of and enforcement process took too long plaint’’ and inserting ‘‘Each complaint filed the Uniform Services Employment and and the 108th Congress required a com- under subsection (a)’’; (2) in section 4323(a)— Reemployment Rights Act—known as parison of the time it took the Office of (A) in paragraph (1), by striking ‘‘section USERRA—to the enforcement of those Special Counsel and VETS to process 4322(e)’’ and inserting ‘‘section 4322(d)(2)’’; and protections, USERRA protections, of employee claims involving Federal (B) in paragraph (3)(A), by striking ‘‘section veterans and members of the armed agencies. 4322(a)’’ and inserting ‘‘section 4322(a)(1)’’; services employed by Federal executive I believe that having the Office of (3) in section 4324— agencies to the U.S. Office of Special Special Counsel handle all Federal (A) in subsection (a)(1)— Counsel. claims is the right way to go because of (i) in the first sentence, by striking ‘‘Sec- retary’’ each place it appears and inserting The Office of Special Counsel is an their expertise in dealing with Federal ‘‘Special Counsel’’; independent Federal investigative and agencies in other similar matters. (ii) by striking ‘‘section 4322(e)’’ and inserting prosecutorial agency that was created I am hopeful that H.R. 1089, as ‘‘section 4322(e)(2)’’; and by Congress with the goal of protecting amended, will not only shorten the

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12751 time it takes to complete action on the The SPEAKER pro tempore. In the What is the American Battle Monu- case but that veterans will ultimately opinion of the Chair, two-thirds being ments Commission, and what do they see a friendlier Federal bureaucracy in the affirmative, the ayes have it. do? Back in 1923, Congress created this when it comes to veterans returning to Mr. FILNER. Mr. Speaker, on that I commission to control the construc- their former Federal employer. demand the yeas and nays. tion of military cemeteries, monu- I appreciate Ms. HERSETH SANDLIN’s The yeas and nays were ordered. ments, and markers erected to honor leadership in this area in bringing for- The SPEAKER pro tempore. Pursu- American servicemembers killed on ward this important legislation. I want ant to clause 8 of rule XX and the foreign soil. Host countries provide the to thank Chairman FILNER and Rank- Chair’s prior announcement, further necessary lands for the sites to the ing Member STEVE BUYER in moving proceedings on this motion will be United States in perpetuity and free of this bill in a timely manner. postponed. charge. And having no further speakers, I f The commission cares for 24 military yield back the balance of my time. URGING ALL AMERICANS AND cemeteries, 25 memorials, monuments GENERAL LEAVE PEOPLE OF ALL NATIONALITIES and markers in 15 countries around the Mr. FILNER. I ask unanimous con- TO VISIT THE NATIONAL CEME- world. These sites serve as the final sent that all Members may have 5 leg- TERIES, MEMORIALS, AND resting place for almost 125,000 Ameri- islative days in which to revise and ex- MARKERS ON MEMORIAL DAY cans who fought in the Mexican-Amer- ican War, World War I and World War tend their remarks and include extra- Mr. FILNER. Mr. Speaker, I move to II. The commission takes special care neous material on H.R. 1089, as amend- suspend the rules and agree to the reso- that all cemeteries under its super- ed. lution (H. Res. 360) urging all Ameri- vision are maintained to the highest The SPEAKER pro tempore. Is there cans and people of all nationalities to standard attainable. The commission objection to the request of the gen- visit the national cemeteries, memo- tleman from California? rials, and markers on Memorial Day. extends an open invitation for all to There was no objection. The Clerk read the title of the resolu- visit these magnificent shrines and to Mr. MITCHELL. Mr. Speaker, I rise today in tion. go beyond the most well known, like support of H.R. 1089, the Veterans Employ- The text of the resolution is as fol- Normandy, and venture into others. ment Rights Realignment Act of 2009. I thank lows: Each site has its own sense of his- Representative HERSETH SANDLIN of South Da- H. RES. 360 tory, sacrifice and beauty, and each of- fers a unique experience. For example, kota for her leadership on the issues of vet- Whereas the United States has fought in eran employment and education, and I com- wars outside and inside of its borders to re- no two have the same guard nor archi- mend her for bringing this bill to the Floor store freedom and human dignity; tecture. Perhaps only the spiritual today. Whereas the United States has spent its qualities are similar. In less than a Members of the Armed Forces—including national treasure and shed its blood in fight- month from now, on June 6, the com- the National Guard and Reserves—serve our ing those wars; mission will commemorate the 63rd an- nation with selflessness and courage. They Whereas the National Cemetery Adminis- niversary of the D-day landing by open- deserve our gratitude, and in these difficult tration of the Department of Veterans Af- ing a new Normandy-American ceme- fairs maintains 128 national cemeteries that tery visitors center. This center, which economic times, I believe that means we must serve as the final resting place for nearly redouble our efforts to ensure they have full 3,000,000 veterans and their dependents; has been under construction since 2002, and fair access to employment after their serv- Whereas each year, millions of Americans will tell the story of the American sol- ice. visit the national cemeteries, memorials, diers memorialized at Normandy. H.R. 1089 will remove bureaucratic hurdles and markers; I encourage all to visit this new D- for veterans in search of redress for discrimi- Whereas overseas sites annually recognize day center and any of the sites under natory employment practices, and it will allo- Memorial Day with speeches, a reading of the jurisdiction of the commission. cate new resources to the Office of Special the Memorial Day Proclamation, wreath lay- Overseas cemeteries are the lasting re- Counsel—the federal investigative and pros- ing ceremonies, military bands and units, minders of America’s willingness to and the decoration of each grave site with ecutorial agency tasked with protecting federal the flag of the United States and that of the come to the defense of others. These employees from prohibited personnel prac- host country; and tangible symbols of American values tices. Whereas these splendid commemorative endure long after the fighting is over. In 1994, Congress put in place a strong set sites inspire patriotism, evoke gratitude, and Mr. Speaker, I would reserve the bal- of employment protections for service mem- teach history: Now, therefore, be it ance of my time. bers and veterans in the Uniformed Services Resolved, That the House of Representa- Mr. BOOZMAN. Mr. Speaker, I rise in Employment and Reemployment Rights Act. tives strongly urges Americans and people of strong support of H. Res. 360 urging all all nationalities to visit national cemeteries, Americans and people of all nationali- We need to enforce this law quickly and effi- memorials, and markers on Memorial Day, ciently, and the Veterans Employment Rights where the spirit of American generosity, sac- ties to visit the national cemeteries, Realignment Act of 2009 will help the Office of rifice, and courage are displayed and com- memorials and markers on Memorial Special Counsel to do just that. memorated. Day. This legislation was sponsored by I was proud to support H.R. 1089 when it The SPEAKER pro tempore. Pursu- our colleague from Tennessee and a was considered by the House Committee on ant to the rule, the gentleman from new and very active member of the Veterans’ Affairs, and I am pleased to support California (Mr. FILNER) and the gen- Veterans Affairs’ Committee, Congress- this bill on the House floor today. I urge my tleman from Arkansas (Mr. BOOZMAN) man DAVID ROE, on April 23, 2009, and colleagues to join me in voting for this impor- each will control 20 minutes. we all appreciate him bringing this for- tant legislation to protect service members and The Chair recognizes the gentleman ward. veterans from inappropriate employment prac- from California. Mr. Speaker, properly honoring a tices. Mr. FILNER. Thank you, Mr. Speak- veteran’s memory is one of our most Mr. FILNER. I ask my colleagues to er. I yield myself as much time as I solemn obligations. These patriots are unanimously support H.R. 1089, as may consume due the final tribute of a grateful Na- amended, and I yield back the balance I think it is only appropriate, Mr. tion. Here in the U.S., the National of my time. Speaker, that we bring this resolution Cemetery Administration of the De- The SPEAKER pro tempore. The to the floor as we approach Memorial partment of Veterans Affairs cares for question is on the motion offered by Day. The resolution encourages people 128 national cemeteries that serve as the gentleman from California (Mr. to visit the cemeteries, memorials, and the final resting place for over three FILNER) that the House suspend the markers overseen by the American million of our Nation’s veterans and rules and pass the bill, H.R. 1089, as Battle Monuments Commission. Now, their dependents. The National Park amended. that is a commission that I am sure Service cares for 14 veterans’ ceme- The question was taken. many people have not heard of. teries as well.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12752 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 But it’s not just here in the United Americans have died defending lib- most of them young teenage boys that States that our fallen are honored. The erty around the globe and have been left America and went off to war to de- overseas national cemeteries of the laid to rest far from home. The Amer- fend our country. They shed their American Battle Monuments Commis- ican Battle Monuments Commission blood in 1944 for not only us but for sion provide our Nation’s heroes an oversees 24 military cemeteries abroad those folks in Europe. My father who honored repose in national shrines far where 125,000 of our war dead remain. served in the great World War II as an from the homes they left in order to The freedoms we enjoy today, the 18-year-old never talked about his serv- protect democracy. These overseas freedoms enjoyed by a civilized Europe, ice in Europe until he and Mom visited cemeteries have become the gold and those free from despots rising to Normandy and its cemetery 50 years standard in memorializing the precious national power are the proof these men after that important event. He, like gift to us by those who fell in our de- and women did not die in vain. This many other veterans, is proud to have fense. sacrifice should be celebrated, and served but keeps saying that the heroes b 1300 never forgotten. are still buried in places throughout Not all who serve perish fulfilling the world. The commission oversees 24 overseas their duty. They return to us as vet- Each Memorial Day all across Amer- military cemeteries that serve as rest- erans and deserve our thanks and a ica, parades are held, wreaths are laid, ing places for almost 125,000 American commitment to serve them. We erect grave sites are decorated as a tribute war dead. Tablets of the missing me- monuments and markers and make pil- to our fallen warriors. On Veterans morialize more than 94,000 U.S. service- grimages there to honor them. Day, we remember those who fought men and -women as well as 25 memo- That is this resolution’s call. Con- and came home, but on Memorial Day, rials, monuments and markers. gress should urge Americans to visit we remember those who fought and did These memorials and cemeteries are these cemeteries, these monuments not come home. mute testimony to the sacrifices of and memorials, and I as a veteran en- The Department of Veterans Affairs Americans who fought in battles across courage my colleagues to support this preserves 128 cemeteries all over the the globe such as Flanders Field, Bel- resolution. world that are the final resting place gium; Manila, Philippines; North Afri- Mr. FILNER. Does the gentleman for over 3 million Americans. These na- ca, Tunisia; Sicily-Rome, Italy; have further speakers? tional cemeteries and memorials re- Corozal, Panama; Lorraine, France; Mr. BOOZMAN. Yes, I have two mind us of the warriors who have Mexico City, Mexico; and Normandy, more. fought and gave all to protect the rest France. Mr. FILNER. I think this may be the of us. When called, they went. Mr. Speaker, with Memorial Day less first time in American history that a I am pleased to support this legisla- than a week away, this is a most fit- Roe is followed by a Poe, but that’s tion and urge all Members to approve ting time to consider this resolution. I just the way it is. I would reserve the this resolution. ask all my colleagues to support it, and balance of our time. As Toby Keith so eloquently put it in I look forward to its passage. Mr. BOOZMAN. Mr. Speaker, I yield his tribute to the American soldiers, he With that, I reserve the balance of as much time as he may consume to said about the American soldier: ‘‘I my time. the gentleman from Texas (Mr. POE). don’t do it for money, there’s bills that Mr. FILNER. I continue to reserve. Mr. POE of Texas. I thank the gen- I can’t pay. I don’t do it for the glory, Mr. BOOZMAN. Mr. Speaker, I yield tleman for yielding. I just do it anyway. I’m an American as much time as he would require to Mr. Speaker, it’s been said, ‘‘From soldier, an American beside my broth- the author of the resolution, the gen- this day to the ending of the world, we ers and sisters, I will proudly take a tleman from Tennessee (Mr. ROE). in it shall be remembered. We few, we stand. When liberty’s in jeopardy I will Mr. ROE of Tennessee. Mr. Speaker, I happy few, we band of brothers; for he always do what’s right. I’m out here on rise in support of House Resolution 360, today that sheds his blood with me the front lines, so sleep in peace to- urging all Americans and people of all shall be my brother.’’ Shakespeare night. I’m an American soldier.’’ nationalities to visit the national penned these words in Henry V, de- These warriors, Mr. Speaker, are our cemeteries, memorials, and markers scribing the commitment of a soldier sons of liberty and the daughters of de- this Memorial Day. to his fellow soldiers. mocracy. They are our heroes, and Following a tradition begun in 1868, I rise today in support of H. Res. 360 they need to be honored and remem- our Nation will pause this Monday in which calls on all Americans to honor bered by the rest of us for all time. remembrance of those who have sac- our veterans by visiting memorials and And that’s just the way it is. rificed their lives in defense of our free national cemeteries on Memorial Day. Mr. FILNER. I continue to reserve. Republic. Fond mourners and friends I am proud to cosponsor this very im- Mr. BOOZMAN. Mr. Speaker, that will set flowers and flags on the graves portant legislation. was my last speaker on the subject. of the fallen. Our flag, flown at half Since 2004, 26 men and women from I want to thank Mr. ROE of Tennessee staff since sunrise, will at noon be the Second Congressional District area for bringing this forward in a very raised high and those gathered will be of Texas have served honorably and timely way and such an important called to pledge allegiance. A bugle given their lives for the cause of free- message that we remember those that will sound Taps, and we will make an- dom in Iraq and Afghanistan. Every have sacrificed so much for all of us. other pledge: to aid the widows, wid- time a brave member of America’s I want to thank Committee Chair- owers, and orphans of our heroic dead, military from my area dies for this man BOB FILNER and Ranking Member and our disabled veterans. country, I come down to this House STEVE BUYER for allowing us to go for- There is no central location for this floor, and I talk about their lives, their ward with the bill, and certainly I want observance. Our servicemembers’ final legacy, their family, and those others to urge all of my colleagues to support resting places are in all our towns and that they have left behind. H. Res. 360. communities. The National Cemetery Every year, millions of Americans And with that, having no further Administration of the Department of visit the national cemeteries and the speakers, I yield back the balance of Veterans Affairs maintains 128 na- memorials and the war markers all my time. tional cemeteries in 39 States and over the United States to remember GENERAL LEAVE Puerto Rico. One of those cemeteries is the men and women who have so coura- Mr. FILNER. Mr. Speaker, I ask in my hometown of Johnson City, Ten- geously fought to defend America’s unanimous consent that all Members nessee. The Department of the Army freedom. may have 5 legislative days in which to maintains Arlington National Ceme- Mr. Speaker, in a land far, far away, revise and extend their remarks and in- tery and the U.S. Soldiers’ and Air- there are over 9,000 Americans buried clude extraneous material on House men’s Home National Cemetery. in a place called Normandy in France, Resolution 360.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12753 The SPEAKER pro tempore. Is there I look forward to continue working on issues When the United States has fought in wars objection to the request of the gen- that improve the lives of our veterans and outside and inside of its borders to restore tleman from California? honor their service. freedom and human dignity, they were the There was no objection. Mr. GINGREY of Georgia. Mr. Speaker, I ones who made the true sacrifices. The United Mr. FILNER. Mr. Speaker, the rise today, as an original cosponsor, to voice States has spent its national treasure and United States has fought wars through- my strong support for H. Res. 360, which shed its blood in fighting those wars. out our history to restore both freedom urges Americans and people of every nation- Our government has sought to do its part in and dignity inside of its own borders, ality to visit national cemeteries, memorials, honoring these brave men and women. The as well as around the world. We have and markers on this upcoming Memorial Day. National Cemetery Administration of the De- shed our blood and spent our national Today, we rightfully take time to recognize partment of Veterans Affairs maintains 128 na- treasure fighting these wars. On Memo- the men and women who have dedicated their tional cemeteries that serve as the final resting rial Day, the Nation is reminded of the lives to the service of our nation. We are place for nearly 3,000,000 of these veterans phrase spoken constantly, that free- proud of all of our servicemen and women and and their dependents. Each year, millions of dom is not free. are eternally grateful for their efforts in the Americans visit these national cemeteries, me- These wonderful commemorative Global War on Terror. Indeed, the democracy morials, and markers. sites that we spoke of today inspire pa- on display here today with our presence in this Across the globe, we find similar efforts. triotism, invoke gratitude, serve as a chamber is testament to the courage and valor Overseas sites annually recognize Memorial permanent and lasting reminder of the of our Armed Services. Day with speeches, a reading of the Memorial sacrifices made by the men and women Memorial Day is a federal holiday to cele- Day Proclamation, wreath laying ceremonies, of the United States military. They are brate the lives of those that have died while military bands and units, and the decoration of reminders of America’s willingness to defending our nation. The soldiers, sailors, air- each grave site with the flag of the United come to the defense of others, to pro- men, and marines who have served in our States and that of the host country. tect the freedom and liberty of its peo- Armed Services deserve the utmost respect Wherever the proud fallen American soldier ple, and ensure the prosperity of our from our nation, and those that have died is honored, these splendid commemorative Republic. have made the ultimate sacrifice for the lib- sites inspire patriotism, evoke gratitude, and Mr. Speaker, I urge my colleagues to erties that we enjoy every day. teach history. unanimously support House Resolution It is at their final resting place that there will My residents of my city, Houston, have long 360. forever be enshrined the spirit of American honored their veterans. Within city limits Mr. SALAZAR, Mr. Speaker, I rise today in generosity, sacrifice, and courage that our stands the Michael E. DeBakey VA Medical support of H. Res. 360, a bill encouraging all brave men and women have so graciously Center. It was awarded the Robert W. Carey Americans to honor our veterans by visiting provided in defense of our freedom. Organizational Excellence Award in 2005, the national cemeteries and memorials this Memo- Let us also honor and say a gracious thank Robert W. Carey Circle of Excellence Quality rial Day. you to each and every military family member Award in 2007, and re-designation for Magnet Since 1862, more than three million burials for the encouragement, love, and kindness Recognition for Excellence in Nursing Services have been made in VA national cemeteries. they exhibit in supporting their precious loved in 2008. National cemeteries are the testimony of a ones as they serve a nation that will forever The MEDVAMC serves as the primary grateful nation to appropriately commemorate be free because of their sacrifice. It is to the health care provider for more than 120,000 the Americans who have served our nation in family members that we say thank you now. veterans in southeast Texas and over 13,000 the armed forces. Mr. Speaker, I believe it will be a worthwhile from Houston. Veterans from around the coun- My home state of Colorado has a population endeavor to spend time on this holiday re- try are referred to the MEDVAMC for count- of over 427,000 veterans. membering the sacrifice our heroes have less medical services, and their outpatient clin- I am proud to represent a district that is made for America. I encourage every Amer- ics logged nearly 900,000 outpatient visits in home to almost 70,000 veterans. ican to visit our national cemeteries and me- fiscal year 2008 alone. All this in a state with As a veteran myself, I know how much of morials so that they may take part in dedi- over 1.7 million veterans, 247,000 of which an honor it was to serve my country during the cating this holiday to the memory of the excel- are disabled and over 25,000 buried in her Vietnam era. lent men and women of our Armed Services soil. My father, Henry Salazar, was a staff ser- who have spent a lifetime of service to Amer- There is another great example that comes geant in the Army during World War II. ica. to mind, of how my district has honored those Two years after being diagnosed with Alz- I urge all of my colleagues to support this who defend them. In Memorial Plaza, stands heimer’s, my father came down to breakfast bill. a pillar holding a stone globe; written on the one morning and told us that he wanted to be Ms. JACKSON-LEE of Texas. Mr. Speaker, pillar are several names of US soldiers, fallen buried in his uniform. I rise today in strong support of H. Res. 360, in the Second World War, as well as a quote As I held my father just before he passed ‘‘Urging all Americans and people of all nation- by Father Dennis Edward O’Brien, chaplain of away he told me that he loved me and his last alities to visit the national cemeteries, memo- the U.S. Marines: word was ‘‘Uniform.’’ rials, and markers on Memorial Day’’. I would ‘‘IT’S THE SOLDIER: When the country Throughout the four years that my father like to thank my colleague Representative has been the need, it has always been the sol- lived with Alzheimer’s, the two things he never DAVID ROE for introducing this resolution, as dier! It’s the soldier, not the newspaper who well as the co-sponsors. has given us Freedom of the Press. It’s the forgot were how much he loved his family and soldier, not the poet, who has given us Free- how proud he was to serve his country. I do not believe there is a person in this body, or a person in this building, who does dom of Speech. It’s the soldier, not the cam- It is this dedication to duty and unyielding pus organizer, who has given us the Freedom commitment that have ensured our freedom not feel a remarkable pride in the presence of to Demonstrate. It’s the soldier who salutes and our way of life even in our nation’s most the men and women who serve in our Nation’s the flag, serves under the flag and whose cof- troubled times. military. Their incredible sacrifices and cour- fin is draped by the flag who gives the pro- The courage and sacrifices of our veterans age in the face of innumerable hazards have tester the right to burn the flag. And it’s the set a necessary example to our youth and all been critical to the preservation of the free- soldier who is called upon to defend our way Americans. dom, security, and prosperity enjoyed that we of life!’’ Their stories are important chapters in the as Americans have come to love, enjoy, and That is why I proudly join my colleagues in history of our nation. even expect. strongly urging Americans and people of all That is why I am working with members of Likewise, I do not believe there is a person nationalities to visit national cemeteries, me- the Colorado delegation to bring a national in this body, or a person in this building, who morials, and markers on Memorial Day. It is veterans cemetery to southern Colorado. does not feel an intense tragedy in seeing so that they may see words like these, even Current standards place many VA ceme- these men and women make the ultimate sac- if it is only once a year, and know where the teries closer to large metropolitan areas. rifice—whether it is seeing the loss of such ex- spirit of American generosity, sacrifice, and This is an issue that is faced by veterans in traordinary Americans, or the immense pain courage are displayed and commemorated. small and rural communities similar to those in and sympathy for their families and loved Mr. FILNER. I yield back the balance the Third Congressional District of Colorado. ones. of my time.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12754 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 The SPEAKER pro tempore. The opportunity to learn about the health issues ber of the Energy and Commerce Com- question is on the motion offered by women face; mittee and has been a very outspoken the gentleman from California (Mr. (4) calls on the women of the United States and consistent supporter of women’s to observe National Women’s Check-Up Day FILNER) that the House suspend the health and women’s health issues, and rules and agree to the resolution, H. by receiving preventative screenings from their health care providers; and we have worked on many of those in Res. 360. (5) recognizes the importance of Federal, committee and certainly continue to The question was taken. State, and private programs that provide re- raise awareness of women’s health. The SPEAKER pro tempore. In the search and collect data on common diseases One such instrument that is placed opinion of the Chair, two-thirds being in women. before us that we can use is National in the affirmative, the ayes have it. The SPEAKER pro tempore. Pursu- Women’s Health Week, and May 10–16 Mr. ROE of Tennessee. Mr. Speaker, ant to the rule, the gentlewoman from was that week, and this is, as Mrs. on that I demand the yeas and nays. CAPPS stated, the 10th annual National The yeas and nays were ordered. California (Mrs. CAPPS) and the gentle- woman from Tennessee (Mrs. BLACK- Women’s Health Week. And I think it The SPEAKER pro tempore. Pursu- is so fitting, Mr. Speaker, that it was ant to clause 8 of rule XX and the BURN) each will control 20 minutes. The Chair recognizes the gentle- kicked off this year on Mother’s Day Chair’s prior announcement, further and how very appropriate that it start- proceedings on this motion will be woman from California. GENERAL LEAVE ed on Mother’s Day. And I think the postponed. gentlelady from California will join me f Mrs. CAPPS. Mr. Speaker, I ask unanimous consent that all Members in saying it’s also Grandmother’s Day, those of us who do delight in those SUPPORTING NATIONAL WOMEN’S may have 5 legislative days to revise grandchildren. HEALTH WEEK and extend their remarks. The nationwide initiative empowers Mrs. CAPPS. Mr. Speaker, I move to The SPEAKER pro tempore. Is there women across the country to make suspend the rules and agree to the con- objection to the request of the gentle- their health a top priority and ensure current resolution (H. Con. Res. 120) woman from California? they take the steps to live a longer, supporting the goals and ideals of Na- There was no objection. healthier and happier life. And cer- tional Women’s Health Week, and for Mrs. CAPPS. Mr. Speaker, I yield tainly, we are so pleased that there is other purposes, as amended. myself such time as I may consume. The Clerk read the title of the con- I rise today in strong support of H. that emphasis on women’s health and current resolution. Con. Res. 120, recognizing National having women make the decision to The text of the concurrent resolution Women’s Health Week, and I’d like to have their health and their well-being be a top priority in their life. is as follows: commend my colleagues, Mr. HINCHEY I would like to express my gratitude H. CON. RES. 120 and Mrs. BONO MACK, for introducing to the national and community organi- Whereas women of all backgrounds should this legislation. zations in working to promote public be encouraged to greatly reduce their risk of We have worked together on this rec- awareness of National Women’s Health common diseases through preventative ognition for several years now. This Week and provide the proper informa- measures, such as engaging in regular phys- year marks the 10th anniversary of Na- tion to encourage women and girls that ical activity, eating a nutritious diet, and tional Women’s Health Week. It’s an visiting a healthcare provider to receive reg- healthy habits should begin at a very opportunity to recognize the progress ular check-ups and preventative screenings; young age. Whereas significant disparities exist in the made in women’s health. prevalence of disease among women of dif- Much of this progress is due to the b 1315 ferent backgrounds, including women with offices of women’s health in multiple The efforts of the national commu- disabilities, African-American women, key Federal agencies. These offices nity to support regular checkups and Asian/Pacific Islander women, Latinas, and work to promote research on women’s preventive screenings will help to pre- American Indian/Alaskan Native women; health issues and the provision of im- vent diseases that commonly affect Whereas healthy habits should begin at a portant women’s health services. In women. young age; fact, the office of Women’s Health at Whereas preventative care saves Federal I would also like to thank the author dollars designated for health care; the Department of Health and Human of the resolution, the gentleman from Whereas it is imperative to educate women Services just celebrated 10 years of the New York (Mr. HINCHEY) for taking his and girls about key female health issues; womenshealth.gov Web site. efforts and energy and his time in Whereas it is recognized that offices of What this resolution rightly notes is order to place an emphasis on women’s women’s health within the Department of that women’s health issues matter health, and to say thank you for his Health and Human Services, the Food and throughout a woman’s lifespan. Pro- leadership in improving awareness of Drug Administration, the Centers for Dis- moting health education among girls women’s key health issues. ease Control and Prevention, the Health Re- and women of all ages will increase sources and Services Administration, the Na- I encourage all of my colleagues to tional Institutes of Health, and the Agency healthy behaviors and the use of im- vote in favor of the resolution, and I for Healthcare Research and Quality provide portant preventive screenings and serv- reserve the balance of my time. services that support women’s health re- ices. Mrs. CAPPS. Mr. Speaker, I am search, education, and other services that This resolution also notes that there pleased now to yield to the gentleman benefit women of all ages, races, and are significant disparities among from New York (Mr. HINCHEY) for such ethnicities; women of different racial and ethnic time as he may consume. Whereas the annual National Women’s backgrounds and women with disabil- Mr. HINCHEY. Mr. Speaker, I would Health Week begins on Mother’s Day and ities, all of which must be considered like to take a moment, first of all, to celebrates the efforts of national and com- and taken into account as we address express my appreciation to Chairman munity organizations working with partners and volunteers to improve awareness of key women’s health. WAXMAN for supporting this resolution women’s health issues; and I urge my colleagues to join in the bi- and for helping to bring it to the floor Whereas in 2009, the week of May 10 partisan sponsorship of this bill and today. Also, I would like to thank Mr. through May 16 is designated National Wom- supporting National Women’s Health HOYER for his determination in bring- en’s Health Week: Now, therefore, be it Week. ing this measure to the floor to honor Resolved by the House of Representatives (the Mr. Speaker, I reserve the balance of National Women’s Health Week, de- Senate concurring), That Congress— my time. spite the very crowded schedule that (1) recognizes the importance of preventing Mrs. BLACKBURN. Mr. Speaker, I diseases that commonly affect women; we have. (2) supports the goals and ideals of Na- yield myself such time as I may con- I would also like to thank Chairman tional Women’s Health Week; sume. PALLONE and all the fine members of (3) calls on the people of the United States I want to first express my apprecia- the Energy and Commerce Health Sub- to use National Women’s Health Week as an tion to Mrs. CAPPS, who is also a mem- committee for their work on women’s

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12755 health issues and for making it pos- from our side of the aisle, so I will women to make their health a top priority. sible for this resolution to reach the thank Mr. HINCHEY for his wonderful With the theme ‘‘It’s Your Time,’’ the nation- floor. work on this. I will thank Mrs. CAPPS wide initiative encourages women to take sim- Finally, and most importantly, I for the bipartisan efforts that we have ple steps for a longer, healthier, and happier would like to thank my good friends put into addressing the issues that af- life. During National Women’s Health Week, Congresswoman LOIS CAPPS and Con- fect women in leading healthy, produc- communities, businesses, government, health gresswoman MARY BONO MACK for tak- tive lives. organizations, and other groups work together ing the lead with me on this resolution I yield back the balance of my time. to educate women about steps they can take for the fourth time in a row. And MAR- Mrs. CAPPS. Mr. Speaker, I will just to improve their physical and mental health SHA, I thank you very much also for make the comment that it is exceed- and lower their risks of certain diseases. Im- your statement today and your partici- ingly gratifying to notice the leader- portant steps include: getting at least 21⁄2 pation in getting this legislation ship of our colleague from New York, hours of moderate physical activity, 1 hour passed. Mr. HINCHEY, and other men who real- and 15 minutes of vigorous physical activity, This resolution has the bipartisan ize that Women’s Health Week really or a combination of both each week; eating a sponsorship of 117 Members. The Na- affects their lives as well, because nutritious diet; visiting a health care profes- tional Council of Women’s Organiza- women are often the leaders within the sional for regular checkups and preventive tions fully endorsed this bill on behalf family setting and the educators and screenings; avoiding risky behaviors, like of its more than 200 member organiza- the standard bearers often for commu- smoking and not wearing a seatbelt; and pay- tions representing more than 10 million nities as well. So we are talking about ing attention to mental health, including getting women nationwide. awareness of national women’s health, enough sleep and managing stress. National Women’s Health Week be- which really is also talking about Research has established the existence of gins annually on Mother’s Day. This health for us all. persistent racial and socioeconomic disparities year marks the 10th annual National And I’m pleased also to note that our in women’s health in the United States. We Women’s Health Week that we have ex- bipartisan caucus for women’s issues know that coronary disease is the leading perienced and honored. has championed this resolution and is cause of death for both men and women. But, National Women’s Health Week is a very grateful to the authors for intro- nearly twice as many women in the U.S. die week celebrated across America. Dur- ducing it and for this opportunity for of heart disease and stroke every year as die ing this week, families, communities, us to recognize the 10th annual Na- from all types of cancer. Yet, multiple studies businesses, government, health organi- tional Women’s Health Week. have shown that women are less likely than zations, and other groups work to- Mr. DINGELL. Mr. Speaker, I rise today in men to be referred for invasive cardiac proce- gether to educate women about steps support of H. Con Res. 120, a resolution sup- dures. they could take to improve their phys- porting the goals and ideals of National Wom- While the life expectancy of women in the ical and mental health to prevent dis- en’s Health Week. Throughout my career as a United States has risen, as a group, African ease and to enable them to live longer member of Congress, I have consistently American women have a shorter life expect- and stronger. fought to ensure that all Americans have ac- ancy and experience earlier onset of such This week is also used as an oppor- cess to quality, affordable, and comprehensive chronic conditions as diabetes and hyper- tunity to educate the entire population health care. As a cosponsor of the Breast tension. If we look at the death rates for dis- of our country about important health Cancer Patient Protection Act, a supporter of eases of the heart, African American women issues that women face. additional research on diseases that target are clearly at risk with 147 deaths per This resolution recognizes the impor- women, and a longstanding advocate of se- 100,000. When we look at cervical cancer, we tance of a number of things, including curing health care for all women, I am pleased see that the incidence rate of invasive cervical preventing diseases that commonly af- to support this resolution. cancer is higher among Asian-American fect women, federally funded programs Women’s health issues are of the utmost women. Yet, we cannot explain the causes of that provide research and collect data importance to me, and this resolution helps to these higher rates. on common diseases that women are promote awareness for healthy lifestyles and Disparities are perhaps most alarming when subject to, and also calls on women to disease prevention for women. It is important we look at HIV/AIDS. Twenty-two percent of observe National Women’s Check-up to ensure that women both in Michigan’s 15th Americans currently living with HIV are Day by receiving preventive District and across the United States under- women, and 77 percent of those are African screenings. stand the steps that can be taken to reduce American or Hispanic. Many people are It is vitally important that women the risk of disease, are aware of the disease shocked to know that AIDS is the second have knowledge about the health risks disparities that exist among women from dif- leading cause of death among African Amer- that confront them and that they know ferent backgrounds, and are exposed to ican women age 25 to 44. they can greatly reduce those risks healthy habits and key health issues from an There are nearly 40 million women in Amer- through preventive measures such as a early age. I understand that encouraging pre- ica who are members of racial and ethnic mi- healthy lifestyle and regular medical ventative care for women is important for re- nority groups. These women suffer dispropor- screenings. ducing the cost of health care. As a longtime tionately from premature death, disease, and Healthy habits should begin at a supporter of improvements to our Nation’s disabilities. Many also face tremendous bar- young age; therefore, it is imperative health care system and increased research on riers to optimal health. This is a growing chal- that we take the time to educate women’s health issues, I am pleased to sup- lenge in our nation. young girls on the benefits of exercise port National Women’s Health Week and to The challenge is even greater when we con- and proper eating. If these habits start cosponsor H. Con. Res. 120. sider the aging population. By the year 2050, at a young age, it is more likely that Ms. JACKSON-LEE of Texas. Mr. Speaker, nearly 1 in 4 adult women will be 65 years old they will continue throughout their today, I rise in support of H. Con. Res. 120 or older, and an astonishing 1 in 17 will be 85 lives. ‘‘Supporting the goals and ideals of National years old or older. We must ensure that our It is important and essential that we Women’s Health.’’ I would also like to extend Federal agencies are in the forefront, working do everything we can to prevent dis- my gratitude to my distinguished colleague to find solutions to the challenges our nation ease. In this spirit, I encourage women from New York, Representative MAURICE D. faces in caring for the health of our women. to get the necessary checkups and pre- HINCHEY, for introducing this important legisla- It is important to celebrate National Wom- ventive screenings from their health tion. I thank my legislative director, Arthur D. en’s Health Week to remind women that tak- care providers so they can live long, Sidney. ing care of themselves is essential to living healthy, and productive lives. National Women’s Health Week is a longer, healthier, and happier lives. Women I urge full support and passage of this weeklong health observance coordinated by are often the caregivers for their spouses, chil- measure. the U.S. Department of Health and Human dren, and parents and forget to focus on their Mrs. BLACKBURN. Mr. Speaker, at Services’ Office on Women’s Health (OWH). own health. But research shows that when this time there are no further speakers National Women’s Health Week empowers women take care of themselves, the health of

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12756 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 their family improves. During National Wom- billions of dollars of sales away from law- any person lawfully operating as a manufac- en’s Health Week it is important to educate abiding retailers throughout the United turer, distributor, wholesaler, or retailer of our wives, mothers, grandmothers, daughters, States; cigarettes or smokeless tobacco. (7) with rising State and local tobacco tax ‘‘(6) DELIVERY SALE.—The term ‘delivery sisters, aunts, and girlfriends about the steps rates, the incentives for the illegal sale of sale’ means any sale of cigarettes or smoke- they can take to improve their health and pre- cigarettes and smokeless tobacco have in- less tobacco to a consumer if— vent disease. After all, when women take even creased; ‘‘(A) the consumer submits the order for the simplest steps to improve their health, the (8) the number of active tobacco investiga- such sale by means of a telephone or other results can be significant and everyone can tions being conducted by the Bureau of Alco- method of voice transmission, the mails, or benefit. hol, Tobacco, Firearms, and Explosives rose the Internet or other online service, or the H. Con. Res. 120 is an important way to to 452 in 2005; seller is otherwise not in the physical pres- support the women of this nation, and I am (9) the number of Internet vendors in the ence of the buyer when the request for pur- United States and in foreign countries that chase or order is made; or proud to stand today in support of this impor- sell cigarettes and smokeless tobacco to buy- ‘‘(B) the cigarettes or smokeless tobacco tant legislation. I urge my colleagues to sup- ers in the United States increased from only are delivered to the buyer by common car- port this legislation as well. about 40 in 2000 to more than 500 in 2005; and rier, private delivery service, or other Mrs. CAPPS. I yield back the balance (10) the intrastate sale of illegal cigarettes method of remote delivery, or the seller is of my time. and smokeless tobacco over the Internet has not in the physical presence of the buyer The SPEAKER pro tempore. The a substantial effect on interstate commerce. when the buyer obtains possession of the question is on the motion offered by (c) PURPOSES.—It is the purpose of this Act cigarettes or smokeless tobacco. the gentlewoman from California (Mrs. to— ‘‘(7) DELIVERY SELLER.—The term ‘delivery (1) require Internet and other remote sell- seller’ means a person who makes a delivery CAPPS) that the House suspend the ers of cigarettes and smokeless tobacco to sale. rules and agree to the concurrent reso- comply with the same laws that apply to ‘‘(8) INDIAN COUNTRY.—The term ‘Indian lution, H. Con. Res. 120, as amended. law-abiding tobacco retailers; country’ means— The question was taken; and (two- (2) create strong disincentives to illegal ‘‘(A) Indian country as defined in section thirds being in the affirmative) the smuggling of tobacco products; 1151 of title 18, United States Code, except rules were suspended and the concur- (3) provide government enforcement offi- that within the State of Alaska that term rent resolution, as amended, was cials with more effective enforcement tools applies only to the Metlakatla Indian Com- agreed to. to combat tobacco smuggling; munity, Annette Island Reserve; and (4) make it more difficult for cigarette and A motion to reconsider was laid on ‘‘(B) any other land held by the United smokeless tobacco traffickers to engage in States in trust or restricted status for one or the table. and profit from their illegal activities; more Indian tribes. f (5) increase collections of Federal, State, ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’, and local excise taxes on cigarettes and ‘tribe’, or ‘tribal’ refers to an Indian tribe as PACT ACT smokeless tobacco; and defined in section 4(e) of the Indian Self-De- Mr. WEINER. Mr. Speaker, I move to (6) prevent and reduce youth access to in- termination and Education Assistance Act expensive cigarettes and smokeless tobacco suspend the rules and pass the bill (25 U.S.C. 450b(e)) or as listed pursuant to through illegal Internet or contraband sales. section 104 of the Federally Recognized In- (H.R. 1676) to prevent tobacco smug- SEC. 2. COLLECTION OF STATE CIGARETTE AND dian Tribe List Act of 1994 (25 U.S.C. 479a–1). gling, to ensure the collection of all to- SMOKELESS TOBACCO TAXES. ‘‘(10) INTERSTATE COMMERCE.—The term bacco taxes, and for other purposes, as (a) DEFINITIONS.—The Act of October 19, ‘interstate commerce’ means commerce be- amended. 1949 (15 U.S.C. 375 et seq.; commonly referred tween a State and any place outside the The Clerk read the title of the bill. to as the ‘‘Jenkins Act’’) (referred to in this State, commerce between a State and any The text of the bill is as follows: Act as the ‘‘Jenkins Act’’), is amended by Indian country in the State, or commerce be- striking the first section and inserting the tween points in the same State but through H.R. 1676 following: any place outside the State or through any Be it enacted by the Senate and House of Rep- ‘‘SECTION 1. DEFINITIONS. Indian country. resentatives of the United States of America in ‘‘As used in this Act, the following defini- ‘‘(11) INTO A STATE, PLACE, OR LOCALITY.—A Congress assembled, tions apply: sale, shipment, or transfer of cigarettes or SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. ‘‘(1) ATTORNEY GENERAL.—The term ‘Attor- smokeless tobacco that is made in interstate (a) SHORT TITLE.—This Act may be cited as ney General’ means the Attorney General of commerce, as defined herein, shall be deemed the ‘‘Prevent All Cigarette Trafficking Act the United States. to have been made into the State, place, or of 2009’’ or ‘‘PACT Act’’. ‘‘(2) ATTORNEY GENERAL.—The term ‘attor- locality in which such cigarettes or smoke- (b) FINDINGS.—Congress finds that— ney general’, with respect to a State, means less tobacco are delivered. (1) the sale of illegal cigarettes and smoke- the attorney general or other chief law en- ‘‘(12) PERSON.—The term ‘person’ means an less tobacco products significantly reduces forcement officer of the State. individual, corporation, company, associa- Federal, State, and local government reve- ‘‘(3) CIGARETTE.— tion, firm, partnership, society, State gov- nues, with Internet sales alone accounting ‘‘(A) IN GENERAL.—For purposes of this ernment, local government, Indian tribal for billions of dollars of lost Federal, State, Act, the term ‘cigarette’ shall— government, governmental organization of and local tobacco tax revenue each year; ‘‘(i) have the same meaning given that such government, or joint stock company. (2) Hezbollah, Hamas, al Qaeda, and other term in section 2341 of title 18, United States ‘‘(13) STATE.—The term ‘State’ means each terrorist organizations have profited from Code; and of the several States of the United States, trafficking in illegal cigarettes or counter- ‘‘(ii) include ‘roll-your-own tobacco’ (as the District of Columbia, the Commonwealth feit cigarette tax stamps; that term is defined in section 5702 of the In- of Puerto Rico, or any territory or posses- (3) terrorist involvement in illicit ciga- ternal Revenue Code of 1986). sion of the United States. rette trafficking will continue to grow be- ‘‘(B) EXCEPTION.—For purposes of this Act, ‘‘(14) SMOKELESS TOBACCO.—The term cause of the large profits such organizations the term ‘cigarette’ does not include a ‘smokeless tobacco’ means any finely cut, can earn; ‘cigar’, as that term is defined in section 5702 ground, powdered, or leaf tobacco, or other (4) the sale of illegal cigarettes and smoke- of the Internal Revenue Code of 1986. product containing tobacco, that is intended less tobacco over the Internet, and through ‘‘(4) COMMON CARRIER.—The term ‘common to be placed in the oral or nasal cavity or mail, fax, or phone orders, makes it cheaper carrier’ means any person (other than a local otherwise consumed without being com- and easier for children to obtain tobacco messenger service or the United States Post- busted. products; al Service) that holds itself out to the gen- ‘‘(15) TOBACCO TAX ADMINISTRATOR.—The (5) the majority of Internet and other re- eral public as a provider for hire of the trans- term ‘tobacco tax administrator’ means the mote sales of cigarettes and smokeless to- portation by water, land, or air of merchan- State, local, or tribal official duly author- bacco are being made without adequate pre- dise, whether or not the person actually op- ized to collect the tobacco tax or administer cautions to protect against sales to children, erates the vessel, vehicle, or aircraft by the tax law of a State, locality, or tribe, re- without the payment of applicable taxes, and which the transportation is provided, be- spectively. without complying with the nominal reg- tween a port or place and a port or place in ‘‘(16) TRIBAL ENTERPRISE.—The term ‘tribal istration and reporting requirements in ex- the United States. enterprise’ means any business enterprise, isting Federal law; ‘‘(5) CONSUMER.—The term ‘consumer’ incorporated or unincorporated under Fed- (6) unfair competition from illegal sales of means any person that purchases cigarettes eral or tribal law, of an Indian tribe or group cigarettes and smokeless tobacco is taking or smokeless tobacco, but does not include of Indian tribe.

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‘‘(17) USE.—The term ‘use’, in addition to ‘‘(3) all State, local, tribal, and other laws cially available database or aggregate of its ordinary meaning, means the consump- generally applicable to sales of cigarettes or databases, consisting primarily of data from tion, storage, handling, or disposal of ciga- smokeless tobacco as if such delivery sales government sources, that are regularly used rettes or smokeless tobacco.’’. occurred entirely within the specific State by government and businesses for the pur- (b) REPORTS TO STATE TOBACCO TAX ADMIN- and place, including laws imposing— pose of age and identity verification and au- ISTRATORS.—Section 2 of the Jenkins Act (15 ‘‘(A) excise taxes; thentication, to ensure that the purchaser is U.S.C. 376) is amended— ‘‘(B) licensing and tax-stamping require- at least the minimum age required for the (1) by striking ‘‘cigarettes’’ each place it ments; legal sale or purchase of tobacco products, as appears and inserting ‘‘cigarettes or smoke- ‘‘(C) restrictions on sales to minors; and determined by the applicable law at the less tobacco’’; ‘‘(D) other payment obligations or legal re- place of delivery. (2) in subsection (a)— quirements relating to the sale, distribution, ‘‘(B) LIMITATION.—No database being used (A) in the matter preceding paragraph (1)— or delivery of cigarettes or smokeless to- for age and identity verification under sub- (i) by inserting ‘‘CONTENTS.—’’ after ‘‘(a)’’; bacco; and paragraph (A)(iii) shall be in the possession (ii) by striking ‘‘or transfers’’ and insert- ‘‘(4) the tax collection requirements set or under the control of the delivery seller, or ing ‘‘, transfers, or ships’’; forth in subsection (d). be subject to any changes or supplemen- (iii) by inserting ‘‘, locality, or Indian ‘‘(b) SHIPPING AND PACKAGING.— tation by the delivery seller. country of an Indian tribe’’ after ‘‘a State’’; ‘‘(1) REQUIRED STATEMENT.—For any ship- ‘‘(c) RECORDS.— (iv) by striking ‘‘to other than a dis- ping package containing cigarettes or ‘‘(1) IN GENERAL.—Each delivery seller tributor licensed by or located in such smokeless tobacco, the delivery seller shall shall keep a record of any delivery sale, in- State,’’; and include on the bill of lading, if any, and on cluding all of the information described in (v) by striking ‘‘or transfer and shipment’’ the outside of the shipping package, on the section 2(a)(2), organized by the State, and and inserting ‘‘, transfer, or shipment’’; same surface as the delivery address, a clear within such State, by the city or town and (B) in paragraph (1)— and conspicuous statement providing as fol- by zip code, into which such delivery sale is (i) by striking ‘‘with the tobacco tax ad- lows: ‘CIGARETTES/SMOKELESS TO- so made. ministrator of the State’’ and inserting BACCO: FEDERAL LAW REQUIRES THE ‘‘(2) RECORD RETENTION.—Records of a de- ‘‘with the Attorney General and with the to- PAYMENT OF ALL APPLICABLE EXCISE livery sale shall be kept as described in para- bacco tax administrators of the State and TAXES, AND COMPLIANCE WITH APPLI- graph (1) in the year in which the delivery place’’; and CABLE LICENSING AND TAX–STAMPING sale is made and for the next 4 years. (ii) by striking ‘‘; and’’ and inserting the OBLIGATIONS’. ‘‘(3) ACCESS FOR OFFICIALS.—Records kept following: ‘‘, as well as telephone numbers ‘‘(2) FAILURE TO LABEL.—Any shipping under paragraph (1) shall be made available for each place of business, a principal elec- package described in paragraph (1) that is to tobacco tax administrators of the States, tronic mail address, any website addresses, not labeled in accordance with that para- to local governments and Indian tribes that and the name, address, and telephone num- graph shall be treated as nondeliverable apply their own local or tribal taxes on ciga- ber of an agent in the State authorized to ac- matter by a common carrier or other deliv- rettes or smokeless tobacco, to the attorneys cept service on behalf of such person;’’; ery service, if the common carrier or other general of the States, to the chief law en- (C) in paragraph (2), by striking ‘‘and the delivery service knows or should know the forcement officers of such local governments quantity thereof.’’ and inserting ‘‘the quan- package contains cigarettes or smokeless to- and Indian tribes, and to the Attorney Gen- tity thereof, and the name, address, and bacco. If a common carrier or other delivery eral in order to ensure the compliance of per- phone number of the person delivering the service believes a package is being submitted sons making delivery sales with the require- shipment to the recipient on behalf of the de- for delivery in violation of paragraph (1), it ments of this Act. livery seller, with all invoice or memoranda may require the person submitting the pack- ‘‘(d) DELIVERY.— information relating to specific customers to age for delivery to establish that it is not ‘‘(1) IN GENERAL.—Except as provided in be organized by city or town and by zip code; being sent in violation of paragraph (1) be- paragraph (2), no delivery seller may sell or and’’; and fore accepting the package for delivery. deliver to any consumer, or tender to any (D) by adding at the end the following: Nothing in this paragraph shall require the common carrier or other delivery service, ‘‘(3) with respect to each memorandum or common carrier or other delivery service to any cigarettes or smokeless tobacco pursu- invoice filed with a State under paragraph open any package to determine its contents. ant to a delivery sale unless, in advance of (2), also file copies of such memorandum or ‘‘(3) WEIGHT RESTRICTION.—A delivery seller the sale, delivery, or tender— invoice with the tobacco tax administrators shall not sell, offer for sale, deliver, or cause ‘‘(A) any cigarette or smokeless tobacco and chief law enforcement officers of the to be delivered in any single sale or single excise tax that is imposed by the State in local governments and Indian tribes oper- delivery any cigarettes or smokeless tobacco which the cigarettes or smokeless tobacco ating within the borders of the State that weighing more than 10 pounds. are to be delivered has been paid to the apply their own local or tribal taxes on ciga- ‘‘(4) AGE VERIFICATION.— State; rettes or smokeless tobacco.’’; ‘‘(A) IN GENERAL.—A delivery seller who ‘‘(B) any cigarette or smokeless tobacco (3) in subsection (b)— mails or ships tobacco products— excise tax that is imposed by the local gov- (A) by inserting ‘‘PRESUMPTIVE EVI- ‘‘(i) shall not sell, deliver, or cause to be ernment of the place in which the cigarettes DENCE.—’’ after ‘‘(b)’’; delivered any tobacco products to a person or smokeless tobacco are to be delivered has (B) by striking ‘‘(1) that’’ and inserting under the minimum age required for the been paid to the local government; and ‘‘that’’; and legal sale or purchase of tobacco products, as ‘‘(C) any required stamps or other indicia (C) by striking ‘‘, and (2)’’ and all that fol- determined by the applicable law at the that such excise tax has been paid are prop- lows and inserting a period; and place of delivery; erly affixed or applied to the cigarettes or (4) by adding at the end the following: ‘‘(ii) shall use a method of mailing or ship- smokeless tobacco. ‘‘(c) USE OF INFORMATION.—A tobacco tax ping that requires— administrator or chief law enforcement offi- ‘‘(I) the purchaser placing the delivery sale ‘‘(2) EXCEPTION.—Paragraph (1) does not cer who receives a memorandum or invoice order, or an adult who is at least the min- apply to a delivery sale of smokeless tobacco under paragraph (2) or (3) of subsection (a) imum age required for the legal sale or pur- if the law of the State or local government of shall use such memorandum or invoice solely chase of tobacco products, as determined by the place where the smokeless tobacco is to for the purposes of the enforcement of this the applicable law at the place of delivery, to be delivered requires or otherwise provides Act and the collection of any taxes owed on sign to accept delivery of the shipping con- that delivery sellers collect the excise tax related sales of cigarettes and smokeless to- tainer at the delivery address; and from the consumer and remit the excise tax bacco, and shall keep confidential any per- ‘‘(II) the person who signs to accept deliv- to the State or local government, and the de- sonal information in such memorandum or ery of the shipping container to provide livery seller complies with the requirement. invoice except as required for such pur- proof, in the form of a valid, government- ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLI- poses.’’. issued identification bearing a photograph of ANT DELIVERY SELLERS.— (c) REQUIREMENTS FOR DELIVERY SALES.— the individual, that the person is at least the ‘‘(1) IN GENERAL.— The Jenkins Act is amended by inserting minimum age required for the legal sale or ‘‘(A) INITIAL LIST.—Not later than 90 days after section 2 the following: purchase of tobacco products, as determined after this subsection goes into effect under ‘‘SEC. 2A. DELIVERY SALES. by the applicable law at the place of deliv- the Prevent All Cigarette Trafficking Act of ‘‘(a) IN GENERAL.—With respect to delivery ery; and 2009, the Attorney General shall compile a sales into a specific State and place, each de- ‘‘(iii) shall not accept a delivery sale order list of delivery sellers of cigarettes or livery seller shall comply with— from a person without— smokeless tobacco that have not registered ‘‘(1) the shipping requirements set forth in ‘‘(I) obtaining the full name, birth date, with the Attorney General pursuant to sec- subsection (b); and residential address of that person; and tion 2(a), or that are otherwise not in com- ‘‘(2) the recordkeeping requirements set ‘‘(II) verifying the information provided in pliance with this Act, and— forth in subsection (c); subclause (I), through the use of a commer- ‘‘(i) distribute the list to—

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‘‘(I) the attorney general and tax adminis- ‘‘(F) CONFIDENTIALITY.—The list distrib- made to minors or without payment to the trator of every State; uted pursuant to subparagraph (A) shall be States and localities where the consumers ‘‘(II) common carriers and other persons confidential, and any person receiving the are located of all taxes on the tobacco prod- that deliver small packages to consumers in list shall maintain the confidentiality of the ucts. interstate commerce, including the United list but may deliver the list, for enforcement ‘‘(3) SHIPMENTS FROM PERSONS ON LIST.— States Postal Service; and purposes, to any government official or to ‘‘(A) IN GENERAL.—In the event that a com- ‘‘(III) any other persons who the Attorney any common carrier or other person that de- mon carrier or other delivery service delays General believes can promote the effective livers tobacco products or small packages to or interrupts the delivery of a package it has enforcement of this Act; and consumers. Nothing in this section shall pro- in its possession because it determines or has ‘‘(ii) publicize and make the list available hibit a common carrier, the United States reason to believe that the person ordering to any other person engaged in the business Postal Service, or any other person receiving the delivery is on a list distributed under of interstate deliveries or who delivers ciga- the list from discussing with a listed deliv- paragraph (1), and that clauses (i)(ii), and rettes or smokeless tobacco in or into any ery seller the delivery seller’s inclusion on (iii) of paragraph (2)(a) do not apply.— State. the list and the resulting effects on any serv- ‘‘(i) the person ordering the delivery shall ‘‘(B) LIST CONTENTS.—To the extent known, ices requested by such listed delivery seller. be obligated to pay— the Attorney General shall include, for each ‘‘(2) PROHIBITION ON DELIVERY.— ‘‘(I) the common carrier or other delivery delivery seller on the list described in sub- ‘‘(A) IN GENERAL.—Commencing on the service as if the delivery of the package had paragraph (A)— date that is 60 days after the date of the ini- been timely completed; and ‘‘(i) all names the delivery seller uses or tial distribution or availability of the list ‘‘(II) if the package is not deliverable, any has used in the transaction of its business or under paragraph (1)(A), no person who re- reasonable additional fee or charge levied by on packages delivered to customers; ceives the list under paragraph (1), and no the common carrier or other delivery service ‘‘(ii) all addresses from which the delivery person who delivers cigarettes or smokeless to cover its extra costs and inconvenience seller does or has done business, or ships or tobacco to consumers, shall knowingly com- and to serve as a disincentive against such has shipped cigarettes or smokeless tobacco; plete, cause to be completed, or complete its noncomplying delivery orders; and ‘‘(iii) the website addresses, primary e-mail portion of a delivery of any package for any address, and phone number of the delivery ‘‘(ii) if the package is determined not to be person whose name and address are on the deliverable, the common carrier or other de- seller; and list, unless— ‘‘(iv) any other information that the Attor- livery service shall offer to provide the pack- ‘‘(i) the person making the delivery knows age and its contents to a Federal, State, or ney General determines would facilitate or believes in good faith that the item does compliance with this subsection by recipi- local law enforcement agency. not include cigarettes or smokeless tobacco; ‘‘(B) RECORDS.—A common carrier or other ents of the list. ‘‘(ii) the delivery is made to a person law- ‘‘(C) UPDATING.—The Attorney General delivery service shall maintain, for a period fully engaged in the business of manufac- of 5 years, any records kept in the ordinary shall update and distribute the list at least turing, distributing, or selling cigarettes or once every 4 months, and may distribute the course of business relating to any deliveries smokeless tobacco; or interrupted pursuant to this paragraph and list and any updates by regular mail, elec- ‘‘(iii) the package being delivered weighs tronic mail, or any other reasonable means, provide that information, upon request, to more than 100 pounds and the person making or by providing recipients with access to the the Attorney General or to the attorney gen- the delivery does not know or have reason- list through a nonpublic website that the At- eral or chief law enforcement official or tax able cause to believe that the package con- torney General regularly updates. administrator of any State, local, or tribal tains cigarettes or smokeless tobacco. ‘‘(D) STATE, LOCAL, OR TRIBAL ADDITIONS.— government. ‘‘(B) IMPLEMENTATION OF UPDATES.—Com- The Attorney General shall include in the ‘‘(C) CONFIDENTIALITY.—Any person receiv- mencing on the date that is 30 days after the list under subparagraph (A) any noncom- ing records under subparagraph (B) shall use date of the distribution or availability of any plying delivery sellers identified by any such records solely for the purposes of the updates or corrections to the list under para- State, local, or tribal government under enforcement of this Act and the collection of graph (1), all recipients and all common car- paragraph (5), and shall distribute the list to any taxes owed on related sales of cigarettes riers or other persons that deliver cigarettes the attorney general or chief law enforce- and smokeless tobacco, and shall keep con- or smokeless tobacco to consumers shall be ment official and the tax administrator of fidential any personal information in such any government submitting any such infor- subject to subparagraph (A) in regard to such corrections or updates. records not otherwise required for such pur- mation, and to any common carriers or other poses. persons who deliver small packages to con- ‘‘(C) EXEMPTIONS.—Subparagraphs (A) and (B), subsection (b)(2), and any other require- ‘‘(4) PREEMPTION.— sumers identified by any government pursu- ‘‘(A) IN GENERAL.—No State, local, or tribal ant to paragraph (5). ments or restrictions placed directly on com- mon carriers elsewhere in this subsection, government, nor any political authority of 2 ‘‘(E) ACCURACY AND COMPLETENESS OF LIST or more State, local, or tribal governments, OF NONCOMPLYING DELIVERY SELLERS.—In pre- shall not apply to a common carrier that is subject to a settlement agreement relating may enact or enforce any law or regulation paring and revising the list required by sub- relating to delivery sales that restricts de- paragraph (A), the Attorney General shall— to tobacco product deliveries to consumers or, if any such settlement agreement to liveries of cigarettes or smokeless tobacco to ‘‘(i) use reasonable procedures to ensure consumers by common carriers or other de- maximum possible accuracy and complete- which the common carrier was a party is ter- minated or otherwise becomes inactive, is livery services on behalf of delivery sellers ness of the records and information relied on by— for the purpose of determining that such de- administering and enforcing, on a nation- ‘‘(i) requiring that the common carrier or livery seller is noncomplying; wide basis, policies and practices that are at other delivery service verify the age or iden- ‘‘(ii) not later than 14 days prior to includ- least as stringent as any such agreement. tity of the consumer accepting the delivery ing any delivery seller on such list, make a For the purposes of this section, ‘settlement by requiring the person who signs to accept reasonable attempt to send notice to the de- agreement’ shall be defined to include the livery seller by letter, electronic mail, or Assurance of Discontinuance entered into by delivery of the shipping container to provide other means that the delivery seller is being the Attorney General of New York and DHL proof, in the form of a valid, government- placed on such list, with that notice citing Holdings USA, Inc. and DHL Express (USA), issued identification bearing a photograph of the relevant provisions of this Act and the Inc. on or about July 1, 2005, the Assurance the individual, that such person is at least specific reasons for being placed on such list; of Discontinuance entered into by the Attor- the minimum age required for the legal sale ‘‘(iii) provide an opportunity to such deliv- ney General of New York and United Parcel or purchase of tobacco products, as deter- ery seller to challenge placement on such Service, Inc. on or about October 21, 2005, and mined by either State or local law at the list; the Assurance of Compliance entered into by place of delivery; ‘‘(iv) investigate each such challenge by the Attorney General of New York and Fed- ‘‘(ii) requiring that the common carrier or contacting the relevant Federal, State, trib- eral Express Corporation and FedEx Ground other delivery service obtain a signature al, and local law enforcement officials, and Package Systems, Inc. on or about February from the consumer accepting the delivery; provide the specific findings and results of 3, 2006, so long as each is honored nationwide ‘‘(iii) requiring that the common carrier or such investigation to such delivery seller not to block illegal deliveries of cigarettes or other delivery service verify that all applica- later than 30 days after the challenge is smokeless tobacco to consumers, and also in- ble taxes have been paid; made; and cludes any other active agreement between a ‘‘(iv) requiring that packages delivered by ‘‘(v) upon finding that any placement is in- common carrier and the States that operates the common carrier or other delivery service accurate, incomplete, or cannot be verified, nationwide to ensure that no deliveries of contain any particular labels, notice, or promptly delete such delivery seller from the cigarettes and smokeless tobacco shall be markings; or list as appropriate and notify each appro- made to consumers for illegally operating ‘‘(v) prohibiting common carriers or other priate Federal, State, tribal, and local au- Internet or mail-order sellers and that any delivery services from making deliveries on thority of such finding. such deliveries to consumers shall not be the basis of whether the delivery seller is or

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12759 is not identified on any list of delivery sell- ‘‘(B) distribute any such list or update to any provision of this Act shall be guilty of a ers maintained and distributed by any entity any common carrier or other person who felony and shall be imprisoned not more other than the Federal Government. makes deliveries of cigarettes or smokeless than 3 years, fined under title 18, United ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Except tobacco that has been identified and sub- States Code, or both. as provided in subparagraph (C), nothing in mitted by a government pursuant to para- ‘‘(2) EXCEPTIONS.— this paragraph shall be construed to nullify, graph (5). ‘‘(A) GOVERNMENTS.—Paragraph (1) shall expand, restrict, or otherwise amend or mod- ‘‘(7) NOTICE TO DELIVERY SELLERS.—Not not apply to a State, local, or tribal govern- ify— later than 14 days prior to including any de- ment. ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title livery seller on the initial list distributed or ‘‘(B) DELIVERY VIOLATIONS.—A common 49, United States Code; made available under paragraph (1), or on carrier or independent delivery service, or ‘‘(ii) any other restrictions in Federal law any subsequent list or update for the first employee of a common carrier or inde- on the ability of State, local, or tribal gov- time, the Attorney General shall make a rea- pendent delivery service, shall be subject to ernments to regulate common carriers; or sonable attempt to send notice to the deliv- criminal penalties under paragraph (1) for a ‘‘(iii) any provision of State, local, or trib- ery seller by letter, electronic mail, or other violation of section 2A(e) only if the viola- al law regulating common carriers that is means that the delivery seller is being tion is committed knowingly— described in section 14501(c)(2) or placed on such list or update, with that no- ‘‘(i) as consideration for the receipt of, or 41713(b)(4)(B) of title 49 of the United States tice citing the relevant provisions of this as consideration for a promise or agreement Code. Act. to pay, anything of pecuniary value; or ‘‘(C) STATE LAWS PROHIBITING DELIVERY ‘‘(8) LIMITATIONS.— ‘‘(ii) for the purpose of assisting a delivery SALES.—Nothing in the Prevent All Cigarette ‘‘(A) IN GENERAL.—Any common carrier or seller to violate, or otherwise evading com- Trafficking Act of 2009, the amendments other person making a delivery subject to pliance with, section 2A. made by that Act, or in any other Federal this subsection shall not be required or oth- ‘‘(b) CIVIL PENALTIES.— statute shall be construed to preempt, super- erwise obligated to— ‘‘(1) IN GENERAL.—Except as provided in sede, or otherwise limit or restrict State ‘‘(i) determine whether any list distributed paragraph (3), whoever violates any provi- laws prohibiting the delivery sale, or the or made available under paragraph (1) is sion of this Act shall be subject to a civil shipment or delivery pursuant to a delivery complete, accurate, or up-to-date; penalty in an amount not to exceed— sale, of cigarettes or other tobacco products ‘‘(ii) determine whether a person ordering ‘‘(A) in the case of a delivery seller, the to individual consumers or personal resi- a delivery is in compliance with this Act; or greater of— dences except that no State may enforce ‘‘(iii) open or inspect, pursuant to this Act, ‘‘(i) $5,000 in the case of the first violation, against a common carrier a law prohibiting any package being delivered to determine its or $10,000 for any other violation; or the delivery of cigarettes or other tobacco contents. ‘‘(ii) for any violation, 2 percent of the products to individual consumers or personal ‘‘(B) ALTERNATE NAMES.—Any common car- gross sales of cigarettes or smokeless to- residences without proof that the common rier or other person making a delivery sub- bacco of such person during the 1-year period carrier is not exempt under paragraph (2)(C) ject to this subsection shall not be required ending on the date of the violation. of this subsection. to make any inquiries or otherwise deter- ‘‘(B) in the case of a common carrier or ‘‘(5) STATE, LOCAL, AND TRIBAL ADDITIONS.— mine whether a person ordering a delivery is other delivery service, $2,500 in the case of a ‘‘(A) IN GENERAL.—Any State, local, or a delivery seller on the list under paragraph first violation, or $5,000 for any violation tribal government shall provide the Attor- (1) who is using a different name or address within 1 year of a prior violation. ney General with— in order to evade the related delivery restric- ‘‘(2) RELATION TO OTHER PENALTIES.—A civil ‘‘(i) all known names, addresses, website tions, but shall not knowingly deliver any penalty imposed under paragraph (1) for a addresses, and other primary contact infor- packages to consumers for any such delivery violation of this Act shall be imposed in ad- mation of any delivery seller that offers for seller who the common carrier or other de- dition to any criminal penalty under sub- sale or makes sales of cigarettes or smoke- livery service knows is a delivery seller who section (a) and any other damages, equitable less tobacco in or into the State, locality, or is on the list under paragraph (1) but is using relief, or injunctive relief awarded by the tribal land involved, but has failed to reg- a different name or address to evade the de- court, including the payment of any unpaid ister with or make reports to the respective livery restrictions of paragraph (2). taxes to the appropriate Federal, State, tax administrator as required by this Act, or ‘‘(C) PENALTIES.—Any common carrier or local, or tribal governments. that has been found in a legal proceeding to person in the business of delivering packages ‘‘(3) EXCEPTIONS.— have otherwise failed to comply with this on behalf of other persons shall not be sub- ‘‘(A) DELIVERY VIOLATIONS.—An employee Act; and ject to any penalty under section 14101(a) of of a common carrier or independent delivery ‘‘(ii) a list of common carriers and other title 49, United States Code, or any other service shall be subject to civil penalties persons who make deliveries of cigarettes or provision of law for— under paragraph (1) for a violation of section smokeless tobacco in or into the State, lo- ‘‘(i) not making any specific delivery, or 2A(e) only if the violation is committed in- cality, or tribal land. any deliveries at all, on behalf of any person tentionally— ‘‘(B) UPDATES.—Any government providing on the list under paragraph (1); ‘‘(i) as consideration for the receipt of, or a list to the Attorney General under sub- ‘‘(ii) refusing, as a matter of regular prac- as consideration for a promise or agreement paragraph (A) shall also provide updates and tice and procedure, to make any deliveries, to pay, anything of pecuniary value; or corrections every 4 months until such time or any deliveries in certain States, of any ‘‘(ii) for the purpose of assisting a delivery as such government notifies the Attorney cigarettes or smokeless tobacco for any per- seller to violate, or otherwise evading com- General in writing that such government no son or for any person not in the business of pliance with, section 2A. longer desires to submit such information to manufacturing, distributing, or selling ciga- ‘‘(B) OTHER LIMITATIONS.—No common car- supplement the list maintained and distrib- rettes or smokeless tobacco; or rier or independent delivery service shall be uted by the Attorney General under para- ‘‘(iii) delaying or not making a delivery for subject to civil penalties under paragraph (1) graph (1). any person because of reasonable efforts to for a violation of section 2A(e) if— ‘‘(C) REMOVAL AFTER WITHDRAWAL.—Upon comply with this Act. ‘‘(i) the common carrier or independent de- receiving written notice that a government ‘‘(D) OTHER LIMITS.—Section 2 and sub- livery service has implemented and enforces no longer desires to submit information sections (a), (b), (c), and (d) of this section effective policies and practices for complying under subparagraph (A), the Attorney Gen- shall not be interpreted to impose any re- with that section; or eral shall remove from the list compiled sponsibilities, requirements, or liability on ‘‘(ii) the violation consists of an employee under paragraph (1) any persons that are on common carriers. of the common carrier or independent deliv- the list solely because of such government’s ‘‘(f) PRESUMPTION.—For purposes of this ery service who physically receives and proc- prior submissions of its list of noncomplying Act, a delivery sale shall be deemed to have esses orders, picks up packages, processes delivery sellers of cigarettes or smokeless occurred in the State and place where the packages, or makes deliveries, taking ac- tobacco or its subsequent updates and cor- buyer obtains personal possession of the tions that are outside the scope of employ- rections. cigarettes or smokeless tobacco, and a deliv- ment of the employee, or that violate the ‘‘(6) DEADLINE TO INCORPORATE ADDITIONS.— ery pursuant to a delivery sale is deemed to implemented and enforced policies of the The Attorney General shall— have been initiated or ordered by the deliv- common carrier or independent delivery ‘‘(A) include any delivery seller identified ery seller.’’. service described in clause (i).’’. and submitted by a State, local, or tribal (d) PENALTIES.—The Jenkins Act is amend- (e) ENFORCEMENT.—The Jenkins Act is government under paragraph (5) in any list ed by striking section 3 and inserting the fol- amended by striking section 4 and inserting or update that is distributed or made avail- lowing: the following: able under paragraph (1) on or after the date ‘‘SEC. 3. PENALTIES. ‘‘SEC. 4. ENFORCEMENT. that is 30 days after the date on which the ‘‘(a) CRIMINAL PENALTIES.— ‘‘(a) IN GENERAL.—The United States dis- information is received by the Attorney Gen- ‘‘(1) IN GENERAL.—Except as provided in trict courts shall have jurisdiction to pre- eral; and paragraph (2), whoever knowingly violates vent and restrain violations of this Act and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12760 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 to provide other appropriate injunctive or pand, restrict, or otherwise modify any right tween legally operating businesses that have equitable relief, including money damages, of an authorized local government official to all applicable State and Federal Government for such violations. proceed in State court, or take other en- licenses or permits and are engaged in to- ‘‘(b) AUTHORITY OF THE ATTORNEY GEN- forcement actions, on the basis of an alleged bacco product manufacturing, distribution, ERAL.—The Attorney General shall admin- violation of local or other law. wholesale, export, import, testing, investiga- ister and enforce the provisions of this Act. ‘‘(d) PERSONS DEALING IN TOBACCO PROD- tion, or research, or for regulatory purposes ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCE- UCTS.—Any person who holds a permit under between any such businesses and State or MENT.— section 5712 of the Internal Revenue Code of Federal Government regulatory agencies, ‘‘(1) IN GENERAL.— 1986 (regarding permitting of manufacturers pursuant to a final rule that the Postal Serv- ‘‘(A) STANDING.—A State, through its at- and importers of tobacco products and ex- ice shall issue, not later than 180 days after torney general, or a local government or In- port warehouse proprietors) may bring an ac- the date of the enactment of the Prevent All dian tribe that levies a tax subject to section tion in an appropriate United States district Cigarette Trafficking Act of 2009, which shall 2A(a)(3), through its chief law enforcement court to prevent and restrain violations of establish the standards and requirements officer, may bring an action in a United this Act by any person other than a State, that apply to all such mailings, which shall States district court to prevent and restrain local, or tribal government. include the following: ‘‘(e) NOTICE.— violations of this Act by any person or to ob- ‘‘(A) The Postal Service shall verify that ‘‘(1) PERSONS DEALING IN TOBACCO PROD- tain any other appropriate relief from any any person submitting an otherwise non- UCTS.—Any person who commences a civil person for violations of this Act, including mailable tobacco product into the mails as action under subsection (d) shall inform the civil penalties, money damages, and injunc- authorized by this paragraph is a business or Attorney General of the action. tive or other equitable relief. government agency permitted to make such ‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this mailings pursuant to this section and the re- is the sense of Congress that the attorney Act shall be deemed to abrogate or con- lated final rule. general of any State, or chief law enforce- stitute a waiver of any sovereign immunity ‘‘(B) The Postal Service shall ensure that ment officer of any locality or tribe, that of a State or local government or Indian any recipient of an otherwise nonmailable commences a civil action under this section tribe against any unconsented lawsuit under tobacco product sent through the mails pur- should inform the Attorney General of the this Act, or otherwise to restrict, expand, or suant to this paragraph is a business or gov- action. modify any sovereign immunity of a State or ernment agency that may lawfully receive ‘‘(f) PUBLIC NOTICE.— local government or Indian tribe. such product. ‘‘(1) IN GENERAL.—The Attorney General ‘‘(C) The mailings shall be sent through ‘‘(2) PROVISION OF INFORMATION.—A State, shall make available to the public, by post- through its attorney general, or a local gov- the Postal Service’s systems that provide for ing such information on the Internet and by the tracking and confirmation of the deliv- ernment or Indian tribe that levies a tax other appropriate means, information re- subject to section 2A(a)(3), through its chief ery. garding all enforcement actions brought by ‘‘(D) The identities of the business or gov- law enforcement officer, may provide evi- the United States, or reported to the Attor- dence of a violation of this Act by any per- ernment entity submitting the mailing con- ney General, under this section, including in- taining otherwise nonmailable tobacco prod- son not subject to State, local, or tribal gov- formation regarding the resolution of such ernment enforcement actions for violations ucts for delivery and the business or govern- actions and how the Attorney General has ment entity receiving the mailing shall be of this Act to the Attorney General or a responded to referrals of evidence of viola- clearly set forth on the package and such in- United States attorney, who shall take ap- tions pursuant to subsection (c)(2). formation shall be kept in Postal Service propriate actions to enforce the provisions of ‘‘(2) REPORTS TO CONGRESS.—The Attorney records and made available to the Postal this Act. General shall submit to Congress, one year Service, the Attorney General, and to per- ‘‘(3) USE OF PENALTIES COLLECTED.— after the date of the enactment of the Pre- sons eligible to bring enforcement actions ‘‘(A) IN GENERAL.—There is established a vent All Cigarette Trafficking Act of 2009, at pursuant to section 3(d) of the Prevent All separate account in the Treasury known as the end of each of the four succeeding 1-year Cigarette Trafficking Act of 2009 for a period the ‘PACT Anti-Trafficking Fund’. Notwith- periods, a report containing the information of at least three years thereafter. standing any other provision of law and sub- described in paragraph (1).’’. ‘‘(E) The mailings shall be marked with a ject to subparagraph (B), an amount equal to SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- Postal Service label or marking that makes 50 percent of any criminal and civil penalties LESS TOBACCO AS NONMAILABLE it clear to Postal Service employees that it collected by the United States Government MATTER. is a permitted mailing of otherwise non- in enforcing the provisions of this Act shall (a) IN GENERAL.—Chapter 83 of title 18, mailable tobacco products that may be deliv- be transferred into the PACT Anti-Traf- United States Code, is amended by inserting ered only to a permitted government agency ficking Fund and shall be available to the after section 1716D the following: or business and may not be delivered to any Attorney General for purposes of enforcing ‘‘§ 1716E. Tobacco products as nonmailable residence or individual person. the provisions of this Act and other laws re- ‘‘(a) PROHIBITION.—All cigarettes and ‘‘(F) The mailing shall be delivered only to lating to contraband tobacco products. smokeless tobacco (as those terms are de- a verified adult employee of the recipient ‘‘(B) ALLOCATION OF FUNDS.—Of the amount fined in section 1 of the Act of October 19, business or government agency, who shall be available to the Attorney General under sub- 1949, commonly referred to as the Jenkins required to sign for the mailing. paragraph (A), not less than 50 percent shall Act) are nonmailable and shall not be depos- ‘‘(4) CERTAIN INDIVIDUALS.—Tobacco prod- be made available only to the agencies and ited in or carried through the mails. The ucts mailed by adult individuals for non- offices within the Department of Justice United States Postal Service shall not ac- commercial purposes, including the return of that were responsible for the enforcement cept for delivery or transmit through the a damaged or unacceptable tobacco product actions in which the penalties concerned mails any package that it knows or has rea- to its manufacturer, pursuant to a final rule were imposed or for any underlying inves- sonable cause to believe contains any ciga- that the Postal Service shall issue, not later tigations. rettes or smokeless tobacco made non- than 180 days after the date of the enactment ‘‘(4) NONEXCLUSIVITY OF REMEDY.— mailable by this subsection. For the pur- of the Prevent All Cigarette Trafficking Act ‘‘(A) IN GENERAL.—The remedies available poses of subsection (a) reasonable cause in- of 2009, which shall establish the standards under this section and section 3 are in addi- cludes— and requirements that apply to all such tion to any other remedies available under ‘‘(1) a statement on a publicly available mailings, which shall include the following: Federal, State, local, tribal, or other law. website, or an advertisement, by any person ‘‘(A) The Postal Service shall verify that ‘‘(B) STATE COURT PROCEEDINGS.—Nothing that such person will mail matter which is any person submitting an otherwise non- in this Act shall be construed to expand, re- nonmailable under this section in return for mailable tobacco product into the mails as strict, or otherwise modify any right of an payment; or authorized by this section is the individual authorized State official to proceed in State ‘‘(2) the placement of the person on the list identified on the return address label of the court, or take other enforcement actions, on created under section 2A(e) of the Jenkins package and is an adult. the basis of an alleged violation of State or Act. ‘‘(B) For a mailing to an individual, the other law. ‘‘(b) EXCEPTIONS.—This section shall not Postal Service shall require the person sub- ‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing apply to the following: mitting the otherwise nonmailable tobacco in this Act shall be construed to expand, re- ‘‘(1) CIGARS.—Cigars (as that term is de- product into the mails as authorized by this strict, or otherwise modify any right of an fined in section 5702(a) of the Internal Rev- subsection to affirm that the recipient is an authorized Indian tribal government official enue Code of 1986). adult. to proceed in tribal court, or take other en- ‘‘(2) GEOGRAPHIC EXCEPTION.—Mailings ‘‘(C) The package shall not weigh more forcement actions, on the basis of an alleged within the State of Alaska or within the than 10 ounces. violation of tribal law. State of Hawaii. ‘‘(D) The mailing shall be sent through the ‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.— ‘‘(3) BUSINESS PURPOSES.—Tobacco prod- Postal Service’s systems that provide for the Nothing in this Act shall be construed to ex- ucts mailed only for business purposes be- tracking and confirmation of the delivery.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12761 ‘‘(E) No package shall be delivered or lated State tax stamps or other tax-payment knowingly causes to be delivered by mail, placed in the possession of any individual indicia have been applied. according to the direction thereon, or at any who is not a verified adult. For a mailing to ‘‘(iv) The mailings shall be sent through place at which it is directed to be delivered an individual, the Postal Service shall de- the Postal Service’s systems that provide for by the person to whom it is addressed, any- liver the package only to the verified adult the tracking and confirmation of the deliv- thing that this section declares to be non- recipient at the recipient address or transfer ery and all related records shall be kept in mailable matter shall be fined under this it for delivery to an Air/Army Postal Office Postal Service records and made available to title, imprisoned not more than 1 year, or (APO) or Fleet Postal Office (FPO) number persons enforcing this section for a period of both. designated in the recipient address. at least 3 years thereafter. ‘‘(f) DEFINITION.—As used in this section, ‘‘(F) No person shall initiate more than ten ‘‘(v) The mailing shall be marked with a the term ‘State’ has the meaning given that such mailings in any thirty-day period. Postal Service label or marking that makes term in section 1716(k). ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER it clear to Postal Service employees that it ‘‘(g) USE OF PENALTIES.—There is estab- TESTING BY MANUFACTURERS.—Subject to is a permitted mailing of otherwise non- lished a separate account in the Treasury of paragraph (8), nothing in this Act shall pre- mailable tobacco products that may be deliv- the United States, to be known as the ‘PACT clude a legally operating cigarette manufac- ered only to the named recipient after Postal Service Fund’. Notwithstanding any turer operating on its own or through its le- verifying that the recipient is an adult. other provision of law, an amount equal to 50 gally authorized agent from using the Postal ‘‘(vi) The Postal Service shall deliver the percent of any criminal and civil fines or Service to mail cigarettes to verified adult mailing only to the named recipient and monetary penalties collected by the United smokers solely for consumer testing pur- only after verifying that the recipient is an States Government in enforcing the provi- poses, provided that— adult. sions of this subsection shall be transferred ‘‘(A) the cigarette manufacturer has a fed- ‘‘(6) DEFINITION OF CONSUMER TESTING.—For into the PACT Postal Service Fund and shall eral permit, in good standing, pursuant to purposes of this Act, the term ‘consumer be available to the Postmaster General for section 5713 of the Internal Revenue Code of testing’ means testing limited to formal data the purpose of enforcing the provisions of 1986; collection and analysis for the specific pur- this subsection. ‘‘(B) any package of cigarettes mailed pur- pose of evaluating the product for quality as- ‘‘(h) COORDINATION OF EFFORTS.—In the en- suant to this paragraph shall contain no surance and benchmarking purposes of ciga- forcement of this section, the Postal Service more than 12 packs of cigarettes (240 ciga- rette brands or sub-brands among existing shall cooperate and coordinate its efforts rettes); adult smokers. with related enforcement activities of any ‘‘(C) no individual shall receive more than ‘‘(7) DEFINITION OF ADULT.—For purposes of other Federal agency or of any State, local, 1 package of cigarettes per manufacturer paragraph (5), the term ‘adult’ means an in- or tribal government, whenever appro- pursuant to this paragraph in any 30-day pe- dividual of at least 21 years of age. For pur- priate.’’. riod; poses of paragraphs (3) and (4), the term (b) ACTIONS BY STATE, LOCAL OR TRIBAL ‘‘(D) all taxes on the cigarettes levied by ‘adult’ means an individual of at least the GOVERNMENTS RELATING TO CERTAIN TOBACCO the State and locality of delivery have been minimum age required for the legal sale or PRODUCTS.— paid to the State and locality prior to deliv- purchase of tobacco products as determined (1) A State, through its attorney general, ery, and tax stamps or other tax-payment in- by applicable law at the place the individual or a local government or Indian tribe that dicia have been affixed to the cigarettes as is located. levies an excise tax on tobacco products, required by law; ‘‘(8) LIMITATIONS.—Paragraph (5) shall through its chief law enforcement officer, ‘‘(E)(i) the recipient has not made any pay- not— may in a civil action in a United States dis- ments of any kind in exchange for receiving ‘‘(A) permit a mailing of cigarettes to an trict court obtain appropriate relief with re- the cigarettes; individual located in any State that pro- spect to a violation of section 1716E of title ‘‘(ii) the recipient is paid a fee by the man- hibits the delivery or shipment of cigarettes 18, United States Code. Appropriate relief in- ufacturer or manufacturer’s agent for par- to individuals in the State, or preempt, cludes injunctive and equitable relief and ticipation in consumer product tests; and limit, or otherwise affect any related State damages equal to the amount of unpaid taxes ‘‘(iii) the recipient, in connection with the laws; or on tobacco products mailed in violation of tests, evaluates the cigarettes and provides ‘‘(B) permit a manufacturer, directly or that section to addressees in that State. feedback to the manufacturer or agent; through a legally authorized agent, to mail (2) Nothing in this section shall be deemed ‘‘(F) the mailing is made pursuant to a cigarettes in any calendar years in a cumu- to abrogate or constitute a waiver of any final rule that the Postal Service shall issue, lative amount greater than one percent of its sovereign immunity of a State or local gov- not later than 180 days after the date of the total cigarette sales in the United States in ernment or Indian tribe against any enactment of the Prevent All Cigarette Traf- the previous calendar year. unconsented lawsuit under paragraph (1), or ficking Act of 2009, which shall establish ‘‘(9) UNITED STATES GOVERNMENT AGEN- otherwise to restrict, expand, or modify any standards and requirements that apply to all CIES.—Agencies of the United States Govern- sovereign immunity of a State or local gov- such mailings, which shall include the fol- ment involved in the consumer testing of to- ernment or Indian tribe. lowing: bacco products solely for public health pur- (3) Nothing in this section shall be con- ‘‘(i) The Postal Service shall verify that poses may make mailings pursuant to the strued to prohibit an authorized State offi- any person submitting a tobacco product same requirements, restrictions, and Postal cial from proceeding in State court on the into the mails pursuant to this paragraph is Service rules and procedures that apply to basis of an alleged violation of any general a manufacturer permitted to make such consumer testing mailings of cigarettes by civil or criminal statute of such State. mailings pursuant to this paragraph, or an manufacturers under paragraph (5), except (4) A State, through its attorney general, agent legally authorized by the manufac- that no such agency shall be required to pay or a local government or Indian tribe that turer to submit the tobacco product into the the recipients for participating in the con- levies an excise tax on tobacco products, mails on the manufacturer’s behalf. sumer testing. through its chief law enforcement officer, ‘‘(ii) The Postal Service shall require the ‘‘(c) SEIZURE AND FORFEITURE.—Any ciga- may provide evidence of a violation of para- manufacturer submitting the cigarettes into rettes or smokeless tobacco made non- graph (1) for commercial purposes by any the mails pursuant to this paragraph to af- mailable by this subsection that are depos- person not subject to State, local, or tribal firm that the manufacturer or its legally au- ited in the mails shall be subject to seizure government enforcement actions for viola- thorized agent has verified that the recipient and forfeiture, pursuant to the procedures tions of paragraph (1) to the Attorney Gen- is an adult established smoker who has not set forth in chapter 46 of this title. Any to- eral, who shall take appropriate actions to made any payment for the cigarettes, has bacco products so seized and forfeited shall enforce the provisions of this subsection. formally stated in writing that he or she either be destroyed or retained by Govern- (5) The remedies available under this sub- wishes to receive such mailings, and has not ment officials for the detection or prosecu- section are in addition to any other remedies withdrawn that agreement despite being of- tion of crimes or related investigations and available under Federal, State, local, tribal, fered the opportunity to do so by the manu- then destroyed. or other law. Nothing in this subsection facturer or its legally authorized agent at ‘‘(d) ADDITIONAL PENALTIES.—In addition shall be construed to expand, restrict, or least once in every 3-month period. to any other fines and penalties imposed by otherwise modify any right of an authorized ‘‘(iii) The Postal Service shall require the this Act for violations of this section, any State, local, or tribal government official to manufacturer or its legally authorized agent person violating this section shall be subject proceed in a State, tribal, or other appro- submitting the cigarettes into the mails pur- to an additional civil penalty in the amount priate court, or take other enforcement ac- suant to this paragraph to affirm that the of 10 times the retail value of the non- tions, on the basis of an alleged violation of package contains no more than 12 packs of mailable cigarettes or smokeless tobacco, in- State, local, tribal, or other law. cigarettes (240 cigarettes) on which all taxes cluding all Federal, State, and local taxes. (c) CLERICAL AMENDMENT.—The table of levied on the cigarettes by the State and lo- ‘‘(e) CRIMINAL PENALTY.—Whoever know- sections at the beginning of chapter 83 of cality of delivery have been paid and all re- ingly deposits for mailing or delivery, or title 18 is amended by adding after the item

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12762 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 relating to section 1716D the following new a possession of the United States are shipped (4) any Federal law, including Federal item: or consigned. common law and treaties, regarding State ‘‘1716E. Tobacco products as nonmailable.’’. (B) MANUFACTURING WAREHOUSES.—Any jurisdiction, or lack thereof, over any tribe, SEC. 4. COMPLIANCE WITH MODEL STATUTE OR person who removes cigars or cigarettes for tribal members, tribal enterprises, tribal res- QUALIFYING STATUTE. sale or consumption in the United States ervations, or other lands held by the United (a) IN GENERAL.—A Tobacco Product Manu- from a customs-bonded manufacturing ware- States in trust for one or more Indian tribes; facturer or importer may not sell in, deliver house. and to, or place for delivery sale, or cause to be (C) UNLAWFUL IMPORTING.—Any person who (5) any State or local government author- sold in, delivered to, or placed for delivery smuggles or otherwise unlawfully brings to- ity to bring enforcement actions against per- sale in a State that is a party to the Master bacco products into the United States. sons located in Indian country. Settlement Agreement, any cigarette manu- (3) MASTER SETTLEMENT AGREEMENT.—The (b) COORDINATION OF LAW ENFORCEMENT.— factured by a Tobacco Product Manufacturer term ‘‘Master Settlement Agreement’’ Nothing in this Act or the amendments made that is not in full compliance with the terms means the agreement executed November 23, by this Act shall be construed to inhibit or of the Model Statute or Qualifying Statute 1998, between the attorneys general of 46 otherwise affect any coordinated law en- enacted by such State requiring funds to be States, the District of Columbia, the Com- forcement effort by 1 or more States or other placed into a qualified escrow account under monwealth of Puerto Rico, and 4 territories jurisdictions, including Indian tribes, specified conditions, and with any regula- of the United States and certain tobacco through interstate compact or otherwise, tions promulgated pursuant to such statute. manufacturers. that— (b) JURISDICTION TO PREVENT AND RESTRAIN (4) MODEL STATUTE; QUALIFYING STATUTE.— (1) provides for the administration of to- VIOLATIONS.— The terms ‘‘Model Statute’’ and ‘‘Qualifying bacco product laws or laws pertaining to (1) IN GENERAL.—The United States district Statute’’ means a statute as defined in sec- interstate sales or other sales of tobacco courts shall have jurisdiction to prevent and tion IX(d)(2)(e) of the Master Settlement products; restrain violations of subsection (a) in ac- Agreement. (2) provides for the seizure of tobacco prod- cordance with this subsection. (5) TOBACCO PRODUCT MANUFACTURER.—The ucts or other property related to a violation (2) INITIATION OF ACTION.—A State, through term ‘‘Tobacco Product Manufacturer’’ has of such laws; or its attorney general, may bring an action in the meaning given that term in section (3) establishes cooperative programs for an appropriate United States district court II(uu) of the Master Settlement Agreement. the administration of such laws. to prevent and restrain violations of sub- SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, (c) TREATMENT OF STATE AND LOCAL GOV- section (a) by any person. TOBACCO, FIREARMS, AND EXPLO- ERNMENTS.—Nothing in this Act or the (3) ATTORNEY FEES.—In any action under SIVES OF RECORDS OF CERTAIN amendments made by this Act shall be con- paragraph (2), a State, through its attorney CIGARETTE AND SMOKELESS TO- strued to authorize, deputize, or commission BACCO SELLERS; CIVIL PENALTY. general, shall be entitled to reasonable at- States or local governments as instrumen- Section 2343(c) of title 18, United States torney fees from a person found to have talities of the United States. Code, is amended to read as follows: (d) ENFORCEMENT WITHIN INDIAN COUN- knowingly violated subsection (a). ‘‘(c)(1) Any officer of the Bureau of Alco- TRY.—Nothing in this Act or the amend- (4) NONEXCLUSIVITY OF REMEDIES.—The hol, Tobacco, Firearms, and Explosives may, remedy available under paragraph (2) is in ments made by this Act shall prohibit, limit, during normal business hours, enter the or restrict enforcement by the Attorney addition to any other remedies available premises of any person described in sub- under Federal, State, or other law. No provi- General of the provisions herein within In- section (a) or (b) for the purposes of inspect- dian country. sion of this Act or any other Federal law ing— shall be held or construed to prohibit or pre- (e) AMBIGUITY.—Any ambiguity between ‘‘(A) any records or information required the language of this section or its applica- empt the Master Settlement Agreement, the to be maintained by such person under the Model Statute (as defined in the Master Set- tion and any other provision of this Act shall provisions of law referred to in this chapter; be resolved in favor of this section. tlement Agreement), any legislation amend- or ing or complementary to the Model Statute SEC. 7. ENHANCED CONTRABAND TOBACCO EN- ‘‘(B) any cigarettes or smokeless tobacco FORCEMENT. in effect as of June 1, 2006, or any legislation kept or stored by such person at such prem- substantially similar to such existing, (a) REQUIREMENTS.—The Director of the ises. Bureau of Alcohol, Tobacco, Firearms and amending, or complementary legislation ‘‘(2) The district courts of the United Explosives shall— hereinafter enacted. States shall have the authority in a civil ac- (1) create 6 regional contraband tobacco (5) OTHER ENFORCEMENT ACTIONS.—Nothing tion under this subsection to compel inspec- trafficking teams over a 3-year period in New in this subsection shall be construed to pro- tions authorized by paragraph (1). hibit an authorized State official from pro- ‘‘(3) Whoever denies access to an officer York City, Washington DC, Detroit, Los An- ceeding in State court or taking other en- under paragraph (1), or who fails to comply geles, Seattle, and Miami, forcement actions on the basis of an alleged with an order issued under paragraph (2), (2) create a new Tobacco Intelligence Cen- violation of State or other law. shall be subject to a civil penalty in an ter to oversee investigations and monitor (6) AUTHORITY OF THE ATTORNEY GENERAL.— amount not to exceed $10,000.’’. and coordinate ongoing investigations and to The Attorney General may bring an action SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES serve as a nerve center for all ongoing to- in an appropriate United States district AND TRIBAL MATTERS. bacco diversion investigations within the court to prevent and restrain violations of (a) IN GENERAL.—Nothing in this Act or Bureau of Alcohol, Tobacco, Firearms, and subsection (a) by any person. the amendments made by this Act shall be Explosives, in the United States and, where (c) DEFINITIONS.—In this section the fol- construed to amend, modify, or otherwise af- applicable, with law enforcement organiza- lowing definitions apply: fect— tions around the world, (1) DELIVERY SALE.—The term ‘‘delivery (1) any agreements, compacts, or other (3) establish a covert national warehouse sale’’ means any sale of cigarettes or smoke- intergovernmental arrangements between for undercover operations, and less tobacco to a consumer if— any State or local government and any gov- (4) create a computer database that will (A) the consumer submits the order for ernment of an Indian tribe (as that term is track and analyze information from retail such sale by means of a telephone or other defined in section 4(e) of the Indian Self-De- sellers of tobacco products that sell through method of voice transmission, the mails, or termination and Education Assistance Act the Internet or by mail order or make other the Internet or other online service, or the (25 U.S.C. 450b(e)) relating to the collection non-face-to-face sales. seller is otherwise not in the physical pres- of taxes on cigarettes or smokeless tobacco (b) AUTHORIZATION OF APPROPRIATIONS.— ence of the buyer when the request for pur- sold in Indian country; There is authorized to be appropriated to chase or order is made; or (2) any State laws that authorize or other- carry out subsection (a) $8,500,000 for each of (B) the cigarettes or smokeless tobacco are wise pertain to any such intergovernmental the 5 fiscal years beginning with fiscal year delivered to the buyer by common carrier, arrangements or create special rules or pro- 2010. private delivery service, or other method of cedures for the collection of State, local, or SEC. 8. EFFECTIVE DATE. remote delivery, or the seller is not in the tribal taxes on cigarettes or smokeless to- (a) IN GENERAL.—Except as provided in physical presence of the buyer when the bacco sold in Indian country; subsection (b), this Act shall take effect on buyer obtains possession of the cigarettes or (3) any limitations under Federal or State the date that is 90 days after the date of en- smokeless tobacco. law, including Federal common law and trea- actment of this Act. (2) IMPORTER.—The term ‘‘importer’’ means ties, on State, local, and tribal tax and regu- (b) BATFE AUTHORITY.—Section 5 shall each of the following: latory authority with respect to the sale, take effect on the date of enactment of this (A) SHIPPING OR CONSIGNING.—Any person use, or distribution of cigarettes and smoke- Act. in the United States to whom nontaxpaid to- less tobacco by or to Indian tribes, tribal SEC. 9. SEVERABILITY. bacco products manufactured in a foreign members, tribal enterprises, or in Indian If any provision of this Act, or any amend- country, Puerto Rico, the Virgin Islands, or country; ment made by this Act, or the application

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12763 thereof to any person or circumstance, is go out and purchase their cigarettes, cials combat cigarette smuggling and held invalid, the remainder of the Act and do so legally, pay the tax, and there is trafficking in the United States. the application of the Act to any other per- no problem. Tobacco smuggling has become one son or circumstance shall not be affected However, as the taxes have gone up, of the most prevalent forms of smug- thereby. we have unwittingly created a large gling in recent years in our country. SEC. 10. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL EFFECT OF THIS and growing black market for smug- Its effects are not felt only in the ACT. gled tobacco products. And this legisla- United States but other parts of the It is the sense of Congress that unique tion, which has bipartisan support in world as well. harms are associated with online cigarette the Judiciary Committee and in this The World Health Organization esti- sales, including problems with verifying the House, seeks to solve that problem. It mates that illegal cigarettes account ages of consumers in the digital market and does so in a number of ways. for 10.7 percent, or approximately 600 the long-term health problems associated One, it makes it much more difficult billion cigarettes, of the more than 5.7 with the use of certain tobacco products. This Act was enacted recognizing the long- for someone to sell tobacco over the trillion cigarettes sold globally each standing interest of Congress in urging com- Internet. Right now, UPS, DHL, the year. pliance with States’ laws regulating remote common carriers all are under agree- According to a study by the World sales of certain tobacco products to citizens ment that they, themselves, are say- Bank, cigarettes are appealing to of those States, including the passage of the ing, We are not going to ship tobacco smugglers because taxes typically ac- Jenkins Act over 50 years ago, which estab- across the Internet because too often count for a large portion of the price, lished reporting requirements for out-of- it’s used as a way to avoid paying the making it highly profitable to traffic State companies that sell certain tobacco taxes. There is one common carrier, them for resale at a reduced price. products to citizens of the taxing States, and which gave authority to the Department of the Postal Service, which still permits Tobacco smuggling traditionally in- Justice and the Bureau of Alcohol, Tobacco, it. That is the carrier of choice for the volves the diversion of large quantities Firearms, and Explosives to enforce the Jen- overwhelming number of illegally of cigarettes from wholesale distribu- kins Act. In light of the unique harms and smuggled cigarettes. And, frankly, the tion into the black market. This typi- circumstances surrounding the online sale of Postal Service has said, Congress, if cally occurs during the transit of the certain tobacco products, this Act is in- you want us not to ship those ciga- cigarettes, thus allowing the traf- tended to help collect cigarette excise taxes, rettes, you’ve got to tell us in a law fickers to avoid most, if not all, taxes to stop tobacco sales to underage youth, and that you want us not to. That’s what that will be imposed at retail on the to help the States enforce their laws that target the online sales of certain tobacco we are doing today. cigarettes. products only. This Act is in no way meant Also, it increases the penalties under The profits from tobacco trafficking to create a precedent regarding the collec- the Jenkins Act. If someone is going to can be and likely are used to finance tion of State sales or use taxes by, or the va- seek to avoid paying tobacco taxes, other illegal activities such as orga- lidity of efforts to impose other types of violating the Jenkins Act is going to nized crime and drug trafficking syn- taxes on, out-of-State entities that do not be a felony under this act. It is going dicates. In addition to the sale of have a physical presence within the taxing to make it a requirement that sellers smuggled tobacco on the black market, State. of Internet tobacco verify the pur- it deprives States of significant The SPEAKER pro tempore. Pursu- chaser’s age and identify them through amounts of tax revenue every year. ant to the rule, the gentleman from easily accessible databases, which is, in Over the last 15 years, cigarette taxes New York (Mr. WEINER) and the gen- many cases, going to put some of these have increased more than 65 percent tleman from Texas (Mr. POE) each will Internet tobacco carriers out of busi- throughout the United States; yet, dur- control 20 minutes. ness. ing this same time, States’ tax reve- The Chair recognizes the gentleman This is not only a matter of revenue, nues increased by only 35 percent. from New York. though, Mr. Speaker. This is also the California officials estimate that GENERAL LEAVE source for a black market that has taxes are unpaid on about 15 percent of Mr. WEINER. Mr. Speaker, I ask emerged that, according to the GAO, all tobacco sold in its markets at a unanimous consent that all Members has allowed organizations as nefarious cost of $276 million every year. In a re- may have 5 legislative days to revise as Hezbollah to make the money on the cently released study, the State of New and extend their remarks and include float: buying tobacco, say, in South York put its losses at more than $576 extraneous material on the bill under Carolina, driving it to Michigan, tak- million per year. consideration. ing money that they saved by not The State of Texas raised cigarette The SPEAKER pro tempore. Is there charging people the tax, and taking taxes recently, and this increase is sup- objection to the request of the gen- that money and exporting it to fund posed to generate an additional $800 tleman from New York? terrorist activities. That is not a hypo- million in revenue for the State. There was no objection. thetical. That’s something that the This bill would help to ensure that Mr. WEINER. Mr. Speaker, I yield GAO actually found to have happened. States like California, New York, and myself such time as I may consume. So I urge my colleagues to support Texas receive or recover tax revenue Mr. Speaker, as States and localities this. This has broad support. We have that is due them by people who buy face increasing pressure on their budg- worked very hard, that even organiza- cigarettes. ets around the country, there is one tions as disparate as the wholesale Two senior ranking members of the source of revenue that not only raises marketers, Phillip Morris, the National Judiciary Committee, Ranking Mem- money for those localities but also per- Association of Attorneys General, ber SMITH and Mr. WEINER, have forms an important health function, Lorillard, and the Campaign for To- teamed together to cosponsor the and that is to provide taxation on bacco-Free Kids, all are supporters of PACT Act for the second consecutive packs of cigarettes. The taxation var- the PACT Act. Congress. ies dramatically from State to State, I reserve the balance of my time. In the 110th Congress, this House and, frankly, in New York State we Mr. POE of Texas. Mr. Speaker, I passed similar legislation on a suspen- have the highest State tax in the Na- yield myself such time as I may con- sion calendar; however, our colleagues tion, $2.75 a pack, and the highest local sume. in the Senate did not ever take up the tax as well. We have a $4.25 per pack. In Mr. Speaker, I would like to thank bill. some places it’s much lower. my colleague and friend on the Judici- H.R. 1676 varies slightly from the pre- But every State in the union has ary Committee, Mr. WEINER, for intro- vious legislation passed by the 110th some taxation that they put on their ducing H.R. 1676, the Prevent All Ciga- Congress. Provisions that were under tobacco products, and it is collected, rette Trafficking or PACT Act. This bi- the jurisdiction of the Oversight and by and large, by wholesalers that put a partisan legislation will help Federal, Government Reform Committee have tax stamp on. Most citizens, when they State, and local law enforcement offi- been removed.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12764 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 This bill also contains an authoriza- the manufacturers are still sending the HOUSE OF REPRESENTATIVES, COM- tion for additional funding for same number of cigarettes out; we’re MITTEE ON OVERSIGHT AND GOV- anticigarette trafficking efforts for the just not collecting the revenues for it. ERNMENT REFORM, Bureau of Alcohol, Tobacco, Firearms Washington, DC, May 19, 2009. I want to offer my gratitude to Mr. Hon. JOHN CONYERS, JR., and Explosives. SCOTT for his chairmanship on the Chairman, Committee on the Judiciary, Ray- This bipartisan legislation closes Crime Subcommittee, through which burn House Office Building, Washington, loopholes in current tobacco traf- the bill passed. I also want to express DC. ficking laws, provides law enforcement DEAR CHAIRMAN CONYERS: I am writing gratitude to many members of the staff with new tools to combat innovative about H.R. 1676, the ‘‘Prevent All Cigarette who have worked to make not only the methods being used by the cigarette Trafficking Act of 2009.’’ The Judiciary Com- bill work, but also the compromises mittee ordered this measure reported, as traffickers to distribute their products, and changes that we made. amended, on April 28, 2009. and bolsters the States’ ability to en- I appreciate your efforts to consult with force State law. Mr. COBLE, for example, was con- the Committee on Oversight and Govern- I urge all my colleagues to support cerned that we wanted to allow some of ment Reform regarding those provisions of this legislation. the smaller test brands to be able to be H.R. 1676 that fall within the Oversight Com- Mr. Speaker, I reserve the balance of sent out so market research could be mittee’s jurisdiction. These provisions relate my time. done. We accommodated those con- to the treatment of cigarettes and smokeless Mr. WEINER. I thank the gentleman tobacco as nonmailable matter and new re- cerns. And I think his staff was very, quirements which will be placed on the U.S. for his leadership on this and so many very helpful. Postal Service as a result. issues on the Judiciary Committee. If the Speaker will indulge me, I In the interest of expediting consideration It is indeed the fact that a lot of of H.R. 1676, the Oversight Committee will want to mention some of them by these Web sites continue to exist be- not separately consider relevant provisions name: Perry Apelbaum of the Judiciary cause they provide delivery by the of this bill. I would, however, request your Committee; and Ameer Gopalani, United States Postal Service. The support for the appointment of conferees Jesselyn McCurdy, Kimani Little and from the Oversight Committee should H.R. irony here is that UPS, FedEx, DHL, Caroline Lynch of the Subcommittee 1676 or a similar Senate bill be considered in the big carriers have entered into an on Crime, Terrorism, and Homeland conference with the Senate. Moreover, this agreement with the State of New York letter should not be construed as a waiver of that they are now following in all 50 Security; John Mautz of Congressman the Oversight Committee’s legislative juris- States that they won’t transport those COBLE’s staff; and Joseph Dunn of my diction over subjects addressed in H.R. 1676 tobacco products because there is a staff. that fall within the jurisdiction of the Over- reasonable expectation that these Web Also, some of the folks in the private sight Committee. Please include our exchange of letters on sites are operating, and often brag sector who helped us craft this bill in a this matter in the Congressional Record dur- about the idea that, if you go shopping way that doesn’t impact legitimate op- ing consideration of this legislation on the for tobacco on the Internet, you’re not erators: Artie Katz, Lenny Schwartz, House floor. going to have to pay the taxes. and Steve Rosenthal with the New Again, I appreciate your willingness to York Association of Wholesale Market- consult the Committee on these matters. b 1330 Sincerely, ers, who helped enlighten the com- EDOLPHUS TOWNS, Well, we need to stop that activity. mittee on how the process actually You can be against the high taxes in Chairman. worked; John Hoel and Sarah some States, or in favor of them. I Knakmuhs with Altria; Eric Lindblom HOUSE OF REPRESENTATIVES, think that the States, in their sov- with the Campaign for Tobacco Free COMMITTEE ON THE JUDICIARY, ereign responsibility, have the right to Kids; Anne Holloway with the Amer- Washington, DC, May 19, 2009. come up with their own levels of tax- ican Wholesale Marketers Association; Hon. EDOLPHUS TOWNS, ation. But I think that we should all be Chairman, Committee on Oversight and Govern- able to agree that right now there is a Lynn Beckwith with the National As- ment Reform, House of Representatives, giant truck-sized loophole that exists sociation of Convenience Stores; and Washington, DC. in the law that allows many people to Laurie McKay with Dickstein Shapiro. DEAR MR. CHAIRMAN: Thank you for your letter regarding your committee’s jurisdic- avoid paying the taxes and allows the Mr. Speaker, I reserve the balance of tional interest in H.R. 1676, the Prevent All funds to go to nefarious hands. my time. Cigarette Trafficking Act of 2009. According to the GAO, Hezbollah Mr. POE of Texas. Mr. Speaker, this I appreciate your willingness to support raised $1.5 million from the sale of ille- expediting floor consideration of this impor- bill has nothing to do with whether tant legislation today. I understand and gal tobacco in the 5 years 1996 through cigarettes should be taxed or not, 2000. The largest case that they found agree that this is without prejudice to your whether tobacco should be taxed or Committee’s jurisdictional interests in this was that millions of dollars of ciga- not. The issue is the black market sale or similar legislation in the future. In the rettes were smuggled to Michigan from of cigarettes and those individuals who event a House-Senate conference on this or North Carolina in 1996—seized ciga- fail to pay lawfully imposed taxes on similar legislation is convened, I would sup- rettes and property and currency worth them. port your request for an appropriate number $2 million and proceeds that had been of conferees. transferred to Beirut. This legislation is supported by the I will include a copy of your letter and this But it’s more obviously often smaller tobacco industry and by law enforce- response in the Congressional Record in the ment, the Attorney General, and I urge debate on the bill. Thank you for your co- bore problems that have been created operation as we work towards enactment of as well; that if you have people who are the adoption of this legislation. this legislation. increasingly seeking, because of the I yield back the balance of my time. Sincerely, large amount of taxation that there is JOHN CONYERS, JR., Mr. WEINER. I thank Mr. POE again, on many of these products, a lot of the Chairman. and I just want to make one other programs in our States that are funded Ms. JACKSON-LEE of Texas. Mr. Speaker, point: that there are colleagues on theoretically from the tax revenues I rise in support of this legislation, H.R. 1676, other committees who have had an in- from tobacco are seeing shortfalls. In the Prevent All Cigarette Trafficking Act of terest in this, and they have been fact, we’re reaching a point now where 2009 or PACT Act. This bill was introduced by working hand-in-hand with the Judici- the rising tobacco tax rights are pro- Representative WIENER of New York. This leg- ducing less revenue in some States. ary Committee. islation makes it a federal offense for any sell- Some people thump their chest and I will insert an exchange of letters er making a ‘‘delivery sale’’ to fail to comply say, Isn’t that great. We have less with one of those committees, the with all state excise tax, sales tax licensing, smoking. But if you look at the back Oversight and Reform Committee, at and tax sampling laws. I urge my colleagues end, you see that the wholesalers and this point in the RECORD. to support this bill.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12765 I also thank my legislative director, Arthur D. the gentleman from New York (Mr. GENERAL LEAVE Sidney. WEINER) that the House suspend the Mr. SCOTT of Virginia. Mr. Speaker, Every year tens of billions of cigarettes dis- rules and pass the bill, H.R. 1676, as I ask unanimous consent that all Mem- appear into a lucrative black market for to- amended. bers have 5 legislative days to revise bacco products and are trafficked throughout The question was taken. and extend their remarks and include the world. Smuggling harms public health and The SPEAKER pro tempore. In the extraneous material on the resolution minors by undermining tobacco tax policies. opinion of the Chair, two-thirds being under consideration. Smuggling also makes tax-free cigarettes in the affirmative, the ayes have it. The SPEAKER pro tempore. Is there available to minors who might otherwise quit Mr. POE of Texas. Mr. Speaker, on objection to the request of the gen- smoking. It is reported that cigarette smug- that I demand the yeas and nays. tleman from Virginia? gling also helps finance criminal activity and The yeas and nays were ordered. There was no objection. terrorist organizations. The SPEAKER pro tempore. Pursu- Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may con- By diverting cigarettes while they are in the ant to clause 8 of rule XX and the sume. wholesale distribution chain, large-scale smug- Chair’s prior announcement, further Mr. Speaker, this resolution honors glers generally avoid all taxes. Increasingly, proceedings on this motion will be police officers and law enforcement cigarette smuggling is on the rise throughout postponed. professionals during Police Week. In the United States. The U.S. Bureau of Alcohol, 1962, President Kennedy proclaimed the Tobacco, Firearms and Explosives (ATF) has f week in which May 15 occurs to be Po- reported that the number of ATF tobacco HONORING POLICE OFFICERS AND lice Week. For over 40 years, the week smuggling investigations has increased from LAW ENFORCEMENT PROFES- of May 15 has continued to be the time 10 in 1998 to 425 in 2005. Some of these in- SIONALS DURING POLICE WEEK to honor men and women in our Na- vestigations and convictions have occurred in Mr. SCOTT of Virginia. Mr. Speaker, tion’s law enforcement agencies, who Texas. protect our neighborhoods, our homes, Currently, the Jenkins Act, 15 USC 375, re- I move to suspend the rules and agree to the resolution (H. Res. 426) honoring and our loved ones. quires any person who sells and ships ciga- The men and women who dedicate rettes across a state line to a buyer, other police officers and law enforcement professionals during Police Week. their careers to our safety do so at the than a licensed distributor, to report the sale to expense of spending long hours away the buyer’s state tobacco collection officials. The Clerk read the title of the resolu- tion. from their own families, putting them- Compliance allows states to collect a cigarette selves at great risk—and, in too many excise tax. There are misdemeanor penalties The text of the resolution is as fol- lows: instances, making the ultimate sac- for violation. Smugglers are circumventing the rifice. H. RES. 426 Jenkins Act by virtue of internet-based to- In fact, we have lost over 20,000 offi- bacco sales. Sales of tobacco through the Whereas President John F. Kennedy signed cers in the line of duty over the course internet have resulted in the loss of billions of a proclamation declaring May 15th as Peace Officers Memorial Day to honor law enforce- of our history. Since January 1 of this dollars in tax revenue. year, we’ve lost 48 officers—five since The Contraband Cigarette Trafficking Act, ment officers killed in the line of duty, and to designate the calendar week in which May the beginning of this month alone. Yet 18 USC 2342, makes it illegal for persons to 15th occurs as Police Week; regardless of the continuing danger, knowingly ship, transport, receive, possess, Whereas police officers protect commu- day after day, and year after year, sell, distribute, or purchase contraband ciga- nities across our Nation; these dedicated professionals continue rettes or contraband smokeless tobacco. It Whereas police officers selflessly put their to make the sacrifices for their com- also prohibits a person from knowingly making lives on the line to keep Americans safe; munities, without asking for thanks or any false statement or representation with re- Whereas police officers perform a variety of duties to pursue justice and maintain pub- praise. spect to information required by law to be kept And so the law enforcement profes- in the records of any person who ships, sells, lic safety; Whereas in just the last decade, hundreds sionals and police officers who toil in distributes cigarettes in excess of 10,000 in a of police officers were killed in the line of our communities across the Nation de- single transaction. duty, and in just the first four months of 2009 serve our unwavering support and our Cigarette smuggling is on the rise due to the more than 40 officers around the country thankful recognition. internet and sales to and between Native have made the ultimate sacrifice; and I commend the gentleman from Cali- American tribes and others. The PACT Act in- Whereas police officers and law enforce- fornia (Mr. MCNERNEY) for introducing troduced by the Honorable Anthony Weiner ment personnel have been adversely affected this resolution and for giving the makes it a federal offense for any seller to fail by the current economic situation, yet con- House of Representatives the oppor- to comply with all state excise tax, sales tax tinue to serve bravely: Now, therefore, be it Resolved, That— tunity to show respect and admiration licensing, and tax stamping laws. This bill also (1) it is the sense of the House of Rep- for our law enforcement professionals. increases the Jenkins Act’s existing penalties resentatives that— I urge my colleagues to support the from a misdemeanor to a felony. It further em- (A) Police Week provides an opportunity to resolution. powers states to enforce the Jenkins Act honor police officers and law enforcement I reserve the balance of my time. against out of state sellers sending delivery personnel for their selfless acts of bravery; Mr. POE of Texas. I yield myself such sales into its territory by giving the Attorney (B) police officers and law enforcement time as I may consume. General the power to seek injunctive relief and personnel risk their lives daily to protect I would like to thank the gentleman civil penalties. The Act prohibits the shipment Americans; and from California (Mr. MCNERNEY) for in- (C) police officers and law enforcement per- troducing H. Res. 426, which honors po- of cigarettes and tobacco through the U.S. sonnel who have made the ultimate sacrifice Postal Service and provides the ATF with the should be remembered and honored; lice officers and law enforcement pro- ability to inspect a distributor’s business. Re- (2) the House of Representatives honors po- fessionals during National Police fusal to submit to inspection results in addi- lice officers for their efforts to create safer Week. I’m pleased to cosponsor this tional penalties. Internet sellers are required to and more secure communities; and resolution that supports the brave men verify a seller’s age and identity through data- (3) the House of Representatives expresses and women who wear the badge, as well bases and the person accepting delivery must its strong support for the Nation’s police of- as all the professionals who support verify age and identity when signing for deliv- ficers and law enforcement personnel. them in their mission throughout the ery. The SPEAKER pro tempore. Pursu- country, especially their families. I urge my colleagues to support this bill. ant to the rule, the gentleman from As they continue to protect and Mr. WEINER. I urge support for the Virginia (Mr. SCOTT) and the gen- serve, we take a moment to salute bill, and I yield back the balance of my tleman from Texas (Mr. POE) each will them for everything that they do every time. control 20 minutes. day, much of which goes unnoticed. The SPEAKER pro tempore. The The Chair recognizes the gentleman We’re able to go about our daily rou- question is on the motion offered by from Virginia. tines because officers in small towns

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12766 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 and big cities and in rural areas atives. I urge people across the country the sponsor of this important resolu- throughout this country stand ready to to similarly thank them for their serv- tion, the gentleman from California take those risks on our behalf. ice with a simple smile or a handshake (Mr. MCNERNEY). Each year, 50,000—50,000—peace offi- or a thank you. Mr. MCNERNEY. I rise in proud sup- cers are assaulted in the United States. I urge my colleagues to support this port of H. Res. 426. I thank the gen- On May 17, 1792, New York City’s Dep- important resolution. tleman from Texas for his words and uty Sheriff Isaac Smith became the I reserve the balance of my time. support. We’re basically here to honor first recorded police officer to be killed Mr. SCOTT of Virginia. Mr. Speaker, police officers and law enforcement in the line of duty in the United I yield 2 minutes to the gentleman professionals. States. Since that time, 19,705 peace of- who, prior to coming to Congress, was I introduced this resolution last ficers have been killed while on duty a law enforcement professional him- Tuesday in recognition of National Po- protecting the rest of us. self, the gentleman from Michigan (Mr. lice Week. H. Res. 426 commends police In 2008, 140 officers died in the line of STUPAK). officers and law enforcement profes- duty while upholding the values that Mr. STUPAK. I thank the gentleman sionals for the hard and often dan- make this country great—duty, honor, for yielding. And I stand today in sup- gerous work they perform to keep us sacrifice. Those values and their sac- port of House Resolution 426, a resolu- safe. rifice are a somber reminder that the tion offered by our friend, Mr. MCNER- Almost 47 years ago, in October of freedoms that we share do not come NEY from California. This resolution is 1962, President John F. Kennedy signed without a cost. Of those 140, 10 percent, to recognize Police Week and all the a resolution designating May 15 as or 14, were from my home State of law enforcement officers across the Peace Officers Memorial Day and the Texas. country that keep us and our commu- week in which it occurs as Police Sadly, already in 2009, 48 peace offi- nities safe. Week. Since then, police officers have cers have died in the line of duty. Once As a former city police officer and as held events during Police Week hon- again, 10 percent from the State of a Michigan State police trooper, law oring their fallen brethren and officers Texas. This number includes two addi- enforcement has always been a legisla- who worked tirelessly to keep us safe. tional officers since I spoke on the tive priority for me. When I was elect- House floor about peace officers 5 days ed to Congress 17 years ago, I was sur- b 1345 ago. Those individuals, Sergeant Dulan prised to learn that there was no for- May 15 just passed, but our law en- Earl Murray, Jr. from the Nags Head mal organization within Congress to forcement officials should be cele- Police Department in North Carolina, advocate on behalf of law enforcement. brated daily. and Deputy Sheriff Tom Wilson from So I founded the Law Enforcement So far this year more than 40 officers Warren County Sheriff’s Department in Caucus with the help of then-Demo- from around the country have lost Mississippi, died over the weekend cratic caucus chairman STENY HOYER. their lives in the line of duty. Four of- while on duty. Today, the Law Enforcement Caucus In 1961, Congress created Peace Offi- ficers from California, including Ser- has 110 members and we hold regular cers Memorial Day and designated it to geants Mark Dunakin of Tracy and briefings throughout the year. I’m be commemorated each year on May 15. Ervin Romans of Danville, both from proud to be cochair of the caucus, Correspondingly, each year, the Presi- my district, were killed earlier this along with my friend DAVE REICHERT, dent issues a proclamation naming year. My thoughts and prayers are with the gentleman from the State of Wash- May 15 as National Peace Officers Me- the families and loved ones of these morial Day. ington. dedicated officers. I’m proud to sponsor this year’s reso- As you know, this is a time of great In honor of their memory and in lution to recognize Peace Officer Me- change for the law enforcement com- thanks for the hard work and selfless morial Day, which passed the House munity. During an economic downturn, dedication of our Nation’s police offi- unanimously in February of this year. there’s an increase in crime and in the cers and law enforcement professionals, Peace Officer Memorial Day takes drug trade. Many in Washington have I urge my colleagues to support this place during National Police Week, paid a lot of attention to the integral resolution. These brave men and which was held in Washington, D.C. role that law enforcement plays in pro- women deserve our respect and grati- last week. tecting our country. But the Federal tude. I further encourage my col- Many of the families, friends, and Government has to do more than talk leagues to support our law enforcement colleagues of these fallen officers came about the problem. We must also pro- professionals not just during Police to Washington last week to remember vide resources, training, and equipment Week but every day of the year. them as mothers and fathers, brothers to ensure that it is there for local law Mr. POE of Texas. Mr. Speaker, I and sisters, sons and daughters, and enforcement. want to thank the gentleman from Vir- friends of their communities, guarding We made a strong commitment to ginia and the gentleman from Cali- all of us. this goal by providing $3 billion in the fornia for proposing this legislation. They came together to celebrate in American Recovery and Reinvestment Also, we need to constantly remember many ways. They participated in can- Act of 2009 for law enforcement pro- that we here in the United States Cap- dlelight vigils and torch runs, they grams. This effort must continue as we itol are protected daily by the Capitol broke bread and shared stories, but consider fiscal year 2010 appropriation Police, two of whom just a few years more importantly, they honored and bills. After all, our law enforcement of- ago gave their lives protecting Mem- remembered the fallen. Today, we do as ficers are on the front lines every day, bers of Congress. well. keeping us and our communities safe. I would also like to introduce into Those officers have no doubt re- I urge my colleagues to not only sup- the RECORD the names of the 19 police turned to serve their communities port this resolution honoring Police officers from the State of Texas who while quietly making all of our lives a Week, but support law enforcement have been killed in 2008 and 2009. little better. programs by fully funding the Byrne In 2008, 140 peace officers were killed. Of We commemorate the 186 officers Justice Assistance Grants, the Commu- these fallen officers, 14 were from Texas: that died in 2008 and 2009, and all law nity Oriented Policing Services grants, Deputy Constable David Joubert, Harris enforcement officers that have died in and many Federal programs that have County Constable’s Office—Precinct 7, TX, the line of duty while representing gone underfunded when the need is ever EOW: Sunday, January 13, 2008. Police Officer Matthew B. Thebeau, Corpus every State, the District of Columbia, growing. Christi Police Department, TX, EOW: Sun- U.S. territories, as well as Federal law Mr. POE of Texas. I reserve the bal- day, January 20, 2008. enforcement and the military police. ance of my time. Corporal Harry Thielepape, Harris County Today, we thank them the best way Mr. SCOTT of Virginia. Mr. Speaker, Constable’s Office—Precinct 6, TX, EOW: that we can in the House of Represent- I yield such time as he may consume to Wednesday, February 20, 2008.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.000 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12767 Senior Corporal Victor A. Lozada Sr., Dal- port for programs, such as the Community Ori- him in the backseat of the patrol car and then las Police Department, TX, EOW: Friday, ented Policing Services (COPS) program, to returned to the driver’s seat. The subject in February 22, 2008. hire additional police officers and help law en- the backseat was able to move his hands to Trooper James Scott Burns, Texas Depart- ment of Public Safety—Texas Highway Pa- forcement acquire the latest crime-fighting his front, retrieve a concealed handgun, and trol, TX, EOW: Tuesday, April 29, 2008. technologies. then shot Officer Johnson in the back of the Police Officer Everett William Dennis, Mr. Speaker, I ask my colleagues to join me head four times. Carthage Police Department, TX, EOW: in recognizing and paying respect to our fallen Despite being fatally wounded, Officer John- Tuesday, June 3, 2008. heroes. In these difficult and changing times, son was able to push an emergency button, Sergeant Barbara Jean Shumate, Texas we honor their work to protect our commu- alerting dispatch to the incident. When other Department of Criminal Justice, TX, EOW: nities and families and promote safety and officers arrived, the male was still handcuffed Friday, June 13, 2008. peace on our streets. I urge my colleagues to and sitting in the patrol car, and the weapon Police Officer Gary Gryder, Houston Police was recovered. Officer Johnson was taken to Department, TX, EOW: Sunday, June 29, support this resolution. 2008. Ms. JACKSON-LEE of Texas. Mr. Speaker, Ben Taub Hospital, where he was pronounced Detective Tommy Keen, Harris County I rise today in strong support of H. Res. 426, dead. Sheriff’s Department, TX, EOW: Monday, ‘‘Honoring police officers and law enforcement For these reasons, and more, our country September 15, 2008. professionals during Police Week’’. I would has found respect for these brave men and Game Warden George Harold Whatley Jr., like to thank my colleague Representative women throughout its history. In 1962, Presi- Texas Parks and Wildlife Department—Law JERRY MCNERNEY, as well as the co-sponsors, dent John F. Kennedy signed a proclamation Enforcement Division, TX, EOW: Friday, Oc- for introducing this resolution. declaring May 15 as Peace Officers Memorial tober 10, 2008. Day to honor law enforcement officers killed in Sheriff Brent Lee, Trinity County Sheriff’s I stand in support of this important resolu- Department, TX, EOW: Thursday, November tion, because police officers of every rank and the line of duty, and to designate the calendar 27, 2008. from every walk of life are working every day week in which May 15 occurs as Police Week. Police Officer Robert Davis, San Antonio to keep communities across our nation safe. And it is this tradition that we continue Police Department, TX, EOW: Monday, De- These hard working men and women perform today, as this body, the House of Representa- cember 1, 2008. a variety of duties to pursue justice and main- tives, honors police officers for their efforts to Police Officer Timothy Abernethy, Hous- tain public safety, and selflessly put their lives create safer and more secure communities, ton Police Department, TX, EOW: Sunday, and who risk their lives daily to protect Ameri- December 7, 2008. on the line to keep their neighbors and coun- trymen safe. cans. Police Officer Mark Simmons, Amarillo I wholeheartedly agree with my colleagues Police Department, TX, EOW: Wednesday, These Americans are reminded of these that Police Week provides an opportunity to December 17, 2008. threats all too often—in just the last decade, honor police officers and law enforcement per- In 2009, 48 officers have died in the line of hundreds of police officers were killed in the sonnel for their selfless acts of bravery, and duty. 5 of these officers were from Texas: line of duty, and in just the first four months Senior Corporal Norman Smith, Dallas Po- that police officers and law enforcement per- of 2009 more than 40 officers around the lice Department, TX, EOW: Tuesday, Janu- sonnel who have made the ultimate sacrifice country have made the ultimate sacrifice. And ary 6, 2009. should be remembered and honored. Detention Officer Cesar Arreola, El Paso as if that weren’t bad enough, police officers So let there be no doubt that the House of County Sheriff’s Office, TX, EOW: Sunday, and law enforcement personnel have been not Representatives expresses its strong support January 18, 2009. been immune to the collapse of our economy, for the Nation’s police officers and law en- Lieutenant Stuart J. Alexander, Corpus and have been adversely affected by the cur- Christi Police Department, TX, EOW: forcement personnel. rent economic situation. Mr. SCOTT of Virginia. I yield back Wednesday, March 11, 2009. In my home city of Houston, nearly 70 offi- Sergeant Randy White, Bridgeport Police the balance of my time. Department, TX, EOW: Thursday, April 2, cers of the law have been killed in the line of The SPEAKER pro tempore. The 2009. duty, and 11 police officers have fallen in the question is on the motion offered by Deputy Sheriff D. Robert Harvey, Lubbock past decade alone. the gentleman from Virginia (Mr. County Sheriff’s Department, TX, EOW: Sun- The most recent tragedy came less than six SCOTT) that the House suspend the day, April 26, 2009. months ago, when Police Officer Timothy rules and agree to the resolution, H. I yield back the balance of my time. Scott Abernethy was shot and killed during a Res. 426. Mr. SCOTT of Virginia. I yield myself foot pursuit of a suspect who fled following a The question was taken; and (two- as much time as I may consume. traffic stop. Officer Abernethy had lost sight of thirds being in the affirmative) the Mr. Speaker, I would like to thank the man as he chased him around a building rules were suspended and the resolu- the gentleman from Texas, the gen- in an apartment complex. After going around tion was agreed to. tleman from California and the gen- the corner the man hid behind a gate and then A motion to reconsider was laid on tleman from Michigan for their strong shot the officer in the head as he ran by. Tim the table. support of this resolution. I urge my was transported to Memorial Hermann Hos- f colleagues to support it. pital where he succumbed to his wounds a HELPING FAMILIES SAVE THEIR Mr. COSTELLO. Mr. Speaker, I rise today in short time later. He is survived by his wife, HOMES ACT OF 2009 support of H. Res. 426, a resolution that hon- son, daughter, parents, and siblings. ors and celebrates National Peace Officers’ Before him, there was Police Officer Gary Mr. FRANK of Massachusetts. Mr. Memorial Service Observance Day on May 15, Allen Gryder. He was struck and killed by a Speaker, I move to suspend the rules 2009 and National Police Week, May 11–15, drunk driver while directing traffic at a con- and pass the Senate bill (S. 896) to pre- 2009. struction site on the Katy Freeway. The drunk vent mortgage foreclosures and en- President John F. Kennedy first proclaimed driver drove through a barricade and struck hance mortgage credit availability, as May 15th as National Peace Officers’ Memo- Officer Gryder and another officer without amended. rial Day. Every year on this day, we celebrate braking. The vehicle continued until striking a The Clerk read the title of the Senate the lives and honor the deaths of our fallen brick wall. Gryder is survived by his wife, son, bill. The text of the Senate bill, as amend- law enforcement officers. We also recognize step-daughter, two grandchildren, parents, and ed, is as follows: the important role that our peace officers play two sisters. in the daily lives of all citizens, and the re- And before either of them, there was Officer S. 896 sponsibilities, hazards, and sacrifices of their Rodney Joseph Johnson. Officer Johnson had Be it enacted by the Senate and House of Rep- resentatives of the United States of America in work. stopped a large white pickup truck occupied Congress assembled, As a former police officer, I salute those law by a man and woman on Randolph at Braniff, DIVISION A—PREVENTING MORTGAGE enforcement officers who died in the line of just south of Hobby Airport, at about 5:30 p.m. FORECLOSURES duty in 2008 and continue to honor those po- He placed the male driver—who, it would turn SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lice officers who gave their lives in past years. out, was in the country illegally—under arrest (a) SHORT TITLE.—This division may be I join my colleagues on the Congressional Law after he was unable to produce a drivers li- cited as the ‘‘Helping Families Save Their Enforcement Caucus in urging continued sup- cense. After handcuffing the male, he placed Homes Act of 2009’’.

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(b) TABLE OF CONTENTS.—The table of con- (1) by redesignating paragraphs (13) and signment of the mortgage to the Secretary tents of this division is the following: (14) as paragraphs (16) and (17), respectively; and the subsequent modification of the Sec. 1. Short title; table of contents. and terms of the mortgage according to a loan TITLE I—PREVENTION OF MORTGAGE (2) by inserting after paragraph (12) the fol- modification approved under this section. FORECLOSURES lowing new paragraphs: ‘‘(ii) ACCEPTANCE OF ASSIGNMENT.—The ‘‘(13) LOSS MITIGATION.—Upon default or Secretary may accept assignment of a mort- Sec. 101. Guaranteed rural housing loans. Sec. 102. Modification of housing loans guar- imminent default of any mortgage guaran- gage under a program under this subsection anteed by the Department of teed under this subsection, mortgagees shall only if— Veterans Affairs. engage in loss mitigation actions for the pur- ‘‘(I) the mortgage is in default or facing Sec. 103. Additional funding for HUD pro- pose of providing an alternative to fore- imminent default; grams to assist individuals to closure (including actions such as special ‘‘(II) the mortgagee has modified the mort- better withstand the current forbearance, loan modification, pre-fore- gage or qualified the mortgage for modifica- mortgage crisis. closure sale, deed in lieu of foreclosure, as tion sufficient to cure the default and pro- Sec. 104. Mortgage modification data col- required, support for borrower housing coun- vide for mortgage payments the mortgagor lecting and reporting. seling, subordinate lien resolution, and bor- is reasonably able to pay, at interest rates Sec. 105. Neighborhood Stabilization Pro- rower relocation), as provided for by the Sec- not exceeding current market interest rates; gram Refinements. retary. and TITLE II—FORECLOSURE MITIGATION ‘‘(14) PAYMENT OF PARTIAL CLAIMS AND ‘‘(III) the Secretary arranges for servicing AND CREDIT AVAILABILITY MORTGAGE MODIFICATIONS.—The Secretary of the assigned mortgage by a mortgagee may authorize the modification of mort- (which may include the assigning mort- Sec. 201. Servicer safe harbor for mortgage gages, and establish a program for payment gagee) through procedures that the Sec- loan modifications. Sec. 202. Changes to HOPE for Homeowners of a partial claim to a mortgagee that agrees retary has determined to be in the best in- Program. to apply the claim amount to payment of a terests of the appropriate guaranty fund. Sec. 203. Requirements for FHA-approved mortgage on a 1- to 4-family residence, for ‘‘(C) PAYMENT OF GUARANTY.—Under the mortgagees. mortgages that are in default or face immi- program under this paragraph, the Secretary Sec. 204. Enhancement of liquidity and sta- nent default, as defined by the Secretary. may pay the guaranty for a mortgage, in the bility of insured depository in- Any payment under such program directed amount determined in accordance with para- stitutions to ensure avail- to the mortgagee shall be made at the sole graph (2), without reduction for any amounts ability of credit and reduction discretion of the Secretary and on terms and modified, but only upon the assignment, of foreclosures. conditions acceptable to the Secretary, ex- transfer, and delivery to the Secretary of all Sec. 205. Application of GSE conforming cept that— rights, interest, claims, evidence, and loan limit to mortgages as- ‘‘(A) the amount of the partial claim pay- records with respect to the mortgage, as de- sisted with TARP funds. ment shall be in an amount determined by fined by the Secretary. Sec. 206. Mortgages on certain homes on the Secretary, and shall not exceed an ‘‘(D) DISPOSITION.—After modification of a leased land. amount equivalent to 30 percent of the un- mortgage pursuant to this paragraph, and as- Sec. 207. Sense of Congress regarding mort- paid principal balance of the mortgage and signment of the mortgage, the Secretary gage revenue bond purchases. any costs that are approved by the Sec- may provide guarantees under this sub- TITLE III—MORTGAGE FRAUD TASK retary; section for the mortgage. The Secretary may FORCE ‘‘(B) the amount of the partial claim pay- subsequently— Sec. 301. Sense of the Congress on establish- ment shall be applied first to any out- ‘‘(i) re-assign the mortgage to the mort- ment of a Nationwide Mortgage standing indebtedness on the mortgage, in- gagee under terms and conditions as are Fraud Task Force. cluding any arrearage, but may also include agreed to by the mortgagee and the Sec- principal reduction; retary; TITLE IV—FORECLOSURE MORATORIUM ‘‘(C) the mortgagor shall agree to repay ‘‘(ii) act as a Government National Mort- PROVISIONS the amount of the partial claim to the Sec- gage Association issuer, or contract with an Sec. 401. Sense of the Congress on fore- retary upon terms and conditions acceptable entity for such purpose, in order to pool the closures. to the Secretary; mortgage into a Government National Mort- Sec. 402. Public-Private Investment Pro- ‘‘(D) expenses related to a partial claim or gage Association security; or gram; Additional Appropria- modification are not to be charged to the ‘‘(iii) re-sell the mortgage in accordance tions for the Special Inspector borrower; with any program that has been established General for the Troubled Asset ‘‘(E) the Secretary may authorize com- for purchase by the Federal Government of Relief Program. pensation to the mortgagee for lost income mortgages insured under this title, and the Sec. 403. Removal of requirement to liq- on monthly mortgage payments due to inter- Secretary may coordinate standards for in- uidate warrants under the est rate reduction; terest rate reductions available for loan TARP. Sec. 404. Notification of sale or transfer of ‘‘(F) the Secretary may reimburse the modification with interest rates established mortgage loans. mortgagee from the appropriate guaranty for such purchase. fund in connection with any activities that ‘‘(E) LOAN SERVICING.—In carrying out the TITLE V—FARM LOAN RESTRUCTURING the mortgagee is required to undertake con- program under this subsection, the Sec- Sec. 501. Congressional Oversight Panel spe- cerning repayment by the mortgagor of the retary may require the existing servicer of a cial report. amount owed to the Secretary; mortgage assigned to the Secretary under TITLE VI—ENHANCED OVERSIGHT OF ‘‘(G) the Secretary may authorize pay- the program to continue servicing the mort- THE TROUBLED ASSET RELIEF PRO- ments to the mortgagee on behalf of the bor- gage as an agent of the Secretary during the GRAM rower, under such terms and conditions as period that the Secretary acquires and holds Sec. 601. Enhanced oversight of the Troubled are defined by the Secretary, based on suc- the mortgage for the purpose of modifying Asset Relief Program. cessful performance under the terms of the the terms of the mortgage. If the mortgage TITLE VII—PROTECTING TENANTS AT mortgage modification, which shall be used is resold pursuant to subparagraph (D)(iii), FORECLOSURE ACT to reduce the principal obligation under the the Secretary may provide for the existing modified mortgage; and servicer to continue to service the mortgage Sec. 701. Short title. Sec. 702. Effect of foreclosure on preexisting ‘‘(H) the Secretary may authorize the or may engage another entity to service the tenancy. modification of mortgages with terms ex- mortgage.’’. Sec. 703. Effect of foreclosure on section 8 tended up to 40 years from the date of modi- (b) TECHNICAL AMENDMENTS.—Subsection tenancies. fication. (h) of section 502 of the Housing Act of 1949 Sec. 704. Sunset. ‘‘(15) ASSIGNMENT.— (42 U.S.C. 1472(h)) is amended— TITLE VIII—COMPTROLLER GENERAL ‘‘(A) PROGRAM AUTHORITY.—The Secretary (1) in paragraph (5)(A), by striking ‘‘(as de- ADDITIONAL AUDIT AUTHORITIES may establish a program for assignment to fined in paragraph (13)’’ and inserting ‘‘(as the Secretary, upon request of the mort- defined in paragraph (17)’’; and Sec. 801. Comptroller General additional gagee, of a mortgage on a 1- to 4-family resi- (2) in paragraph (18)(E)(as so redesignated audit authorities. dence guaranteed under this chapter. by subsection (a)(2)), by— TITLE I—PREVENTION OF MORTGAGE ‘‘(B) PROGRAM REQUIREMENTS.— (A) striking ‘‘paragraphs (3), (6), (7)(A), (8), FORECLOSURES ‘‘(i) IN GENERAL.—The Secretary may en- and (10)’’ and inserting ‘‘paragraphs (3), (6), SEC. 101. GUARANTEED RURAL HOUSING LOANS. courage loan modifications for eligible delin- (7)(A), (8), (10), (13), and (14)’’; and (a) GUARANTEED RURAL HOUSING LOANS.— quent mortgages or mortgages facing immi- (B) striking ‘‘paragraphs (2) through (13)’’ Section 502(h) of the Housing Act of 1949 (42 nent default, as defined by the Secretary, and inserting ‘‘paragraphs (2) through (15)’’. U.S.C. 1472(h)) is amended— through the payment of the guaranty and as- (c) PROCEDURE.—

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12769

(1) IN GENERAL.—The promulgation of regu- 2010 and 2011 for purposes of hiring additional lished under paragraph (1) to each com- lations necessitated and the administration personnel at the Office of Fair Housing and mittee receiving the report required under actions required by the amendments made Equal Opportunity within the Department of subsection (a). by this section shall be made without regard Housing and Urban Development, provided SEC. 105. NEIGHBORHOOD STABILIZATION PRO- to— that such amounts are used to hire personnel GRAM REFINEMENTS. (A) the notice and comment provisions of at the local branches of such Office located (a) IN GENERAL.—Section 2301(c) of the section 553 of title 5, United States Code; in the 100 metropolitan statistical areas with Foreclosure Prevention Act of 2008 (42 U.S.C. (B) the Statement of Policy of the Sec- the highest rate of home foreclosures. 5301 note) is amended— retary of Agriculture effective July 24, 1971 SEC. 104. MORTGAGE MODIFICATION DATA COL- (1) by redesignating paragraph (3) as para- (36 Fed. Reg. 13804), relating to notices of LECTING AND REPORTING. graph (4); and proposed rulemaking and public participa- (a) REPORTING REQUIREMENTS.—Not later ‘‘(3) EXCEPTION FOR CERTAIN STATES.—Each tion in rulemaking; and than 120 days after the date of the enactment State that has received the minimum alloca- (C) chapter 35 of title 44, United States of this Act, and quarterly thereafter, the tion of amounts pursuant to the requirement Code (commonly known as the ‘‘Paperwork Comptroller of the Currency and the Direc- under section 2302 may, to the extent such Reduction Act’’). tor of the Office of Thrift Supervision, shall State has fulfilled the requirements of para- (2) CONGRESSIONAL REVIEW OF AGENCY RULE- jointly submit a report to the Committee on graph (2), distribute any remaining amounts MAKING.—In carrying out this section, and Banking, Housing, and Urban Affairs of the to areas with homeowners at risk of fore- the amendments made by this section, the Senate, the Committee on Financial Serv- closure or in foreclosure without regard to Secretary shall use the authority provided ices of the House of Representatives on the the percentage of home foreclosures in such under section 808 of title 5, United States volume of mortgage modifications reported areas.’’. Code. to the Office of the Comptroller of the Cur- (b) RETROACTIVE EFFECTIVE DATE.—The SEC. 102. MODIFICATION OF HOUSING LOANS rency and the Office of Thrift Supervision, amendment made by subsection (a) shall GUARANTEED BY THE DEPARTMENT under the mortgage metrics program of each take effect as if enacted on the date of enact- OF VETERANS AFFAIRS. such Office, during the previous quarter, in- ment of the Foreclosure Prevention Act of (a) MATURITY OF HOUSING LOANS.—Section cluding the following: 2008 (Public Law 110–289). 3703(d)(1) of title 38, United States Code, is (1) A copy of the data collection instru- TITLE II—FORECLOSURE MITIGATION amended by inserting ‘‘at the time of origi- ment currently used by the Office of the AND CREDIT AVAILABILITY nation’’ after ‘‘loan’’. Comptroller of the Currency and the Office (b) IMPLEMENTATION.—The Secretary of of Thrift Supervision to collect data on loan SEC. 201. SERVICER SAFE HARBOR FOR MORT- Veterans Affairs may implement the amend- modifications. GAGE LOAN MODIFICATIONS. ments made by this section through notice, (2) The total number of mortgage modifica- (a) CONGRESSIONAL FINDINGS.—Congress procedure notice, or administrative notice. tions resulting in each of the following: finds the following: SEC. 103. ADDITIONAL FUNDING FOR HUD PRO- (A) Additions of delinquent payments and (1) Increasing numbers of mortgage fore- GRAMS TO ASSIST INDIVIDUALS TO fees to loan balances. closures are not only depriving many Ameri- BETTER WITHSTAND THE CURRENT cans of their homes, but are also desta- MORTGAGE CRISIS. (B) Interest rate reductions and freezes. bilizing property values and negatively af- (a) ADDITIONAL APPROPRIATIONS FOR AD- (C) Term extensions. fecting State and local economies as well as VERTISING TO INCREASE PUBLIC AWARENESS (D) Reductions of principal. the national economy. OF MORTGAGE SCAMS AND COUNSELING ASSIST- (E) Deferrals of principal. (2) In order to reduce the number of fore- ANCE.—In addition to any amounts that may (F) Combinations of modifications de- be appropriated for each of the fiscal years scribed in subparagraph (A), (B), (C), (D), or closures and to stabilize property values, 2010 and 2011 for such purpose, there is au- (E). local economies, and the national economy, thorized to be appropriated to the Secretary (3) The total number of mortgage modifica- servicers must be given— of Housing and Urban Development, to re- tions in which the total monthly principal (A) authorization to— main available until expended, $10,000,000 for and interest payment resulted in the fol- (i) modify mortgage loans and engage in each of the fiscal years 2010 and 2011 for pur- lowing: other loss mitigation activities consistent poses of providing additional resources to be (A) An increase. with applicable guidelines issued by the Sec- used for advertising to raise awareness of (B) Remained the same. retary of the Treasury or his designee under mortgage fraud and to support HUD pro- (C) Decreased less than 10 percent. the Emergency Economic Stabilization Act grams and approved counseling agencies, (D) Decreased between 10 percent and 20 of 2008; and provided that such amounts are used to ad- percent. (ii) refinance mortgage loans under the vertise in the 100 metropolitan statistical (E) Decreased 20 percent or more. Hope for Homeowners program; and areas with the highest rate of home fore- (4) The total number of loans that have (B) a safe harbor to enable such servicers closures, and provided, further that up to been modified and then entered into default, to exercise these authorities. $5,000,000 of such amounts are used for adver- where the loan modification resulted in— (b) SAFE HARBOR.—Section 129A of the tisements designed to reach and inform (A) higher monthly payments by the home- Truth in Lending Act (15 U.S.C. 1639a) is broad segments of the community. owner; amended to read as follows: (b) ADDITIONAL APPROPRIATIONS FOR THE (B) equivalent monthly payments by the ‘‘SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL HOUSING COUNSELING ASSISTANCE PROGRAM.— homeowner; MORTGAGES. In addition to any amounts that may be ap- (C) lower monthly payments by the home- ‘‘(a) IN GENERAL.—Notwithstanding any propriated for each of the fiscal years 2010 owner of up to 10 percent; other provision of law, whenever a servicer and 2011 for such purpose, there is authorized (D) lower monthly payments by the home- of residential mortgages agrees to enter into to be appropriated to the Secretary of Hous- owner of between 10 percent to 20 percent; or a qualified loss mitigation plan with respect ing and Urban Development, to remain avail- (E) lower monthly payments by the home- to 1 or more residential mortgages origi- able until expended, $50,000,000 for each of owner of more than 20 percent. nated before the date of enactment of the the fiscal years 2010 and 2011 to carry out the (b) DATA COLLECTION.— Helping Families Save Their Homes Act of Housing Counseling Assistance Program es- (1) REQUIRED.— 2009, including mortgages held in a tablished within the Department of Housing (A) IN GENERAL.—Not later than 60 days securitization or other investment vehicle— and Urban Development, provided that such after the date of the enactment of this Act, ‘‘(1) to the extent that the servicer owes a amounts are used to fund HUD-certified the Comptroller of the Currency and the Di- duty to investors or other parties to maxi- housing-counseling agencies located in the rector of the Office of Thrift Supervision, mize the net present value of such mort- 100 metropolitan statistical areas with the shall issue mortgage modification data col- gages, the duty shall be construed to apply highest rate of home foreclosures for the lection and reporting requirements to insti- to all such investors and parties, and not to purpose of assisting homeowners with inquir- tutions covered under the reporting require- any individual party or group of parties; and ies regarding mortgage-modification assist- ment of the mortgage metrics program of ‘‘(2) the servicer shall be deemed to have ance and mortgage scams. the Comptroller or the Director. satisfied the duty set forth in paragraph (1) (c) ADDITIONAL APPROPRIATIONS FOR PER- (B) INCLUSIVENESS OF COLLECTIONS.—The if, before December 31, 2012, the servicer im- SONNEL AT THE OFFICE OF FAIR HOUSING AND requirements under subparagraph (A) shall plements a qualified loss mitigation plan EQUAL OPPORTUNITY.—In addition to any provide for the collection of all mortgage that meets the following criteria: amounts that may be appropriated for each modification data needed by the Comptroller ‘‘(A) Default on the payment of such mort- of the fiscal years 2010 and 2011 for such pur- of the Currency and the Director of the Of- gage has occurred, is imminent, or is reason- pose, there is authorized to be appropriated fice of Thrift Supervision to fulfill the re- ably foreseeable, as such terms are defined to the Secretary of Housing and Urban De- porting requirements under subsection (a). by guidelines issued by the Secretary of the velopment, to remain available until ex- (2) REPORT.—The Comptroller of the Cur- Treasury or his designee under the Emer- pended, $5,000,000 for each of the fiscal years rency shall report all requirements estab- gency Economic Stabilization Act of 2008.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12770 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(B) The mortgagor occupies the property lating the origination of mortgage loans, consistent with section 203(b) to the max- securing the mortgage as his or her principal commonly referred to as predatory lending imum extent possible) which may include re- residence. laws.’’. quiring the mortgagee to procure’’; and ‘‘(C) The servicer reasonably determined, SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS (ii) by striking ‘‘and by any other method, consistent with the guidelines issued by the PROGRAM. in accordance with procedures and standards Secretary of the Treasury or his designee, (a) PROGRAM CHANGES.—Section 257 of the that the Board shall establish’’; that the application of such qualified loss National Housing Act (12 U.S.C. 1715z–23) is (E) in paragraph (10)— mitigation plan to a mortgage or class of amended— (i) by striking ‘‘The mortgagor shall not’’ mortgages will likely provide an anticipated (1) in subsection (c)— and inserting the following: recovery on the outstanding principal mort- (A) in the heading for paragraph (1), by ‘‘(A) PROHIBITION.—The mortgagor shall gage debt that will exceed the anticipated striking ‘‘THE BOARD’’ and inserting ‘‘SEC- not’’; and recovery through foreclosures. RETARY’’; (ii) by adding at the end the following: ‘‘(b) NO LIABILITY.—A servicer that is (B) in paragraph (1), by striking ‘‘Board’’ ‘‘(B) DUTY OF MORTGAGEE.—The duty of the deemed to be acting in the best interests of inserting ‘‘Secretary, after consultation with mortgagee to ensure that the mortgagor is all investors or other parties under this sec- the Board,’’; in compliance with the prohibition under tion shall not be liable to any party who is (C) in paragraph (1)(A), by inserting ‘‘con- subparagraph (A) shall be satisfied if the owed a duty under subsection (a)(1), and sistent with section 203(b) to the maximum mortgagee makes a good faith effort to de- shall not be subject to any injunction, stay, extent possible’’ before the semicolon; and termine that the mortgagor has not been or other equitable relief to such party, based (D) by adding after paragraph (2) the fol- convicted under Federal or State law for solely upon the implementation by the lowing: fraud during the period described in subpara- servicer of a qualified loss mitigation plan. ‘‘(3) DUTIES OF BOARD.—The Board shall ad- graph (A).’’; ‘‘(c) STANDARD INDUSTRY PRACTICE.—The vise the Secretary regarding the establish- (F) in paragraph (11), by inserting before qualified loss mitigation plan guidelines ment and implementation of the HOPE for the period at the end the following: ‘‘, except issued by the Secretary of the Treasury Homeowners Program.’’; under the Emergency Economic Stabiliza- (2) by striking ‘‘Board’’ each place such that the Secretary may provide exceptions tion Act of 2008 shall constitute standard in- term appears in subsections (e), (h)(1), (h)(3), to such latter requirement (relating to dustry practice for purposes of all Federal (j), (l), (n), (s)(3), and (v) and inserting ‘‘Sec- present ownership interest) for any mort- and State laws. retary’’; gagor who has inherited a property’’; and ‘‘(d) SCOPE OF SAFE HARBOR.—Any person, (3) in subsection (e)— (G) by adding at the end: including a trustee, issuer, and loan origi- (A) by striking paragraph (1) and inserting ‘‘(12) BAN ON MILLIONAIRES.—The mort- nator, shall not be liable for monetary dam- the following: gagor shall not have a net worth, as of the ages or be subject to an injunction, stay, or ‘‘(1) BORROWER CERTIFICATION.— date the mortgagor first applies for a mort- other equitable relief, based solely upon the ‘‘(A) NO INTENTIONAL DEFAULT OR FALSE IN- gage to be insured under the Program under cooperation of such person with a servicer FORMATION.—The mortgagor shall provide a this section, that exceeds $1,000,000.’’; when such cooperation is necessary for the certification to the Secretary that the mort- (4) in subsection (h)(2), by striking ‘‘The servicer to implement a qualified loss miti- gagor has not intentionally defaulted on the Board shall prohibit the Secretary from pay- gation plan that meets the requirements of existing mortgage or mortgages or any other ing’’ and inserting ‘‘The Secretary shall not subsection (a). substantial debt within the last 5 years and pay’’; and ‘‘(e) REPORTING.—Each servicer that en- has not knowingly, or willfully and with ac- (5) in subsection (i)— gages in qualified loss mitigation plans tual knowledge, furnished material informa- (A) by redesignating paragraphs (1) and (2) under this section shall regularly report to tion known to be false for the purpose of ob- as subparagraphs (A) and (B), respectively, the Secretary of the Treasury the extent, taining the eligible mortgage to be insured and adjusting the margins accordingly; scope, and results of the servicer’s modifica- and has not been convicted under Federal or (B) in the matter preceding subparagraph tion activities. The Secretary of the Treas- State law for fraud during the 10-year period (A), as redesignated by this paragraph, by ury shall prescribe regulations or guidance ending upon the insurance of the mortgage striking ‘‘For each’’ and inserting the fol- specifying the form, content, and timing of under this section. lowing: such reports. ‘‘(B) LIABILITY FOR REPAYMENT.—The mort- ‘‘(1) PREMIUMS.—For each’’; ‘‘(f) DEFINITIONS.—As used in this section— gagor shall agree in writing that the mort- (C) in subparagraph (A), as redesignated by ‘‘(1) the term ‘qualified loss mitigation gagor shall be liable to repay to the Sec- this paragraph, by striking ‘‘equal to 3 per- plan’ means— retary any direct financial benefit achieved cent’’ and inserting ‘‘not more than 3 per- ‘‘(A) a residential loan modification, work- from the reduction of indebtedness on the ex- cent’’; and out, or other loss mitigation plan, including isting mortgage or mortgages on the resi- (D) in subparagraph (B), as redesignated by to the extent that the Secretary of the dence refinanced under this section derived this paragraph, by striking ‘‘equal to 1.5 per- Treasury determines appropriate, a loan from misrepresentations made by the mort- cent’’ and inserting ‘‘not more than 1.5 per- sale, real property disposition, trial modi- gagor in the certifications and documenta- cent’’; fication, pre-foreclosure sale, and deed in tion required under this paragraph, subject (E) by adding at the end the following: lieu of foreclosure, that is described or au- to the discretion of the Secretary. ‘‘(2) CONSIDERATIONS.—In setting the pre- thorized in guidelines issued by the Sec- ‘‘(C) CURRENT BORROWER DEBT-TO-INCOME mium under this subsection, the Secretary retary of the Treasury or his designee under RATIO.—As of the date of application for a shall consider— the Emergency Economic Stabilization Act commitment to insure or insurance under ‘‘(A) the financial integrity of the HOPE of 2008; and this section, the mortgagor shall have had, for Homeowners Program; and ‘‘(B) a refinancing of a mortgage under the or thereafter is likely to have, due to the ‘‘(B) the purposes of the HOPE for Home- Hope for Homeowners program; terms of the mortgage being reset, a ratio of owners Program described in subsection ‘‘(2) the term ‘servicer’ means the person mortgage debt to income, taking into con- (b).’’; responsible for the servicing for others of sideration all existing mortgages of that residential mortgage loans(including of a mortgagor at such time, greater than 31 per- (6) in subsection (k)— pool of residential mortgage loans); and cent (or such higher amount as the Sec- (A) by striking the subsection heading and ‘‘(3) the term ‘securitization vehicle’ retary determines appropriate).’’; inserting ‘‘EXIT FEE’’; means a trust, special purpose entity, or (B) in paragraph (4)— (B) in paragraph (1), in the matter pre- other legal structure that is used to facili- (i) in subparagraph (A), by striking ‘‘, sub- ceding subparagraph (A), by striking ‘‘such tate the issuing of securities, participation ject to standards established by the Board sale or refinancing’’ and inserting ‘‘the mort- certificates, or similar instruments backed under subparagraph (B),’’; and gage being insured under this section’’; and by or referring to a pool of assets that in- (ii) in subparagraph (B)(i), by striking (C) in paragraph (2), by striking ‘‘and the cludes residential mortgages (or instruments ‘‘shall’’ and inserting ‘‘may’’; and mortgagor’’ and all that follows through the that are related to residential mortgages (C) in paragraph (7), by striking ‘‘; and pro- end and inserting ‘‘may, upon any sale or such as credit-linked notes). vided that’’ and all that follows through disposition of the property to which the ‘‘(g) RULE OF CONSTRUCTION.—No provision ‘‘new second lien’’; mortgage relates, be entitled to up to 50 per- of subsection (b) or (d) shall be construed as (D) in paragraph (9)— cent of appreciation, up to the appraised affecting the liability of any servicer or per- (i) by striking ‘‘by procuring (A) an income value of the home at the time when the son as described in subsection (d) for actual tax return transcript of the income tax re- mortgage being refinanced under this section fraud in the origination or servicing of a turn of the mortgagor, or (B)’’ and inserting was originally made. The Secretary may loan or in the implementation of a qualified ‘‘in accordance with procedures and stand- share any amounts received under this para- loss mitigation plan, or for the violation of a ards that the Secretary shall establish (pro- graph with ‘‘or assign the rights of any State or Federal law, including laws regu- vided that such procedures and standards are amounts due to the Secretary to’’ the holder

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12771 of the existing senior mortgage on the eligi- Section 202 of the National Housing Act (12 such form and for such period as the Sec- ble mortgage, the holder of any existing sub- U.S.C. 1708) is amended— retary requires.’’. (1) by redesignating subsections (d), (e), ordinate mortgage on the eligible mortgage, (c) PAYMENT FOR LOSS MITIGATION.—Sec- or both.’’; and (f) as subsections (e), (f), and (g), respec- tion 204(a)(2) of the National Housing Act (12 (7) in the heading for subsection (n), by tively; U.S.C. 1710(a)(2)) is amended— striking ‘‘THE BOARD’’ and inserting ‘‘SEC- (2) by inserting after subsection (c) the fol- (1) by inserting ‘‘or faces imminent de- RETARY’’; lowing new subsection: fault, as defined by the Secretary’’ after ‘‘de- ‘‘(d) LIMITATIONS ON PARTICIPATION IN (8) in subsection (p), by striking ‘‘Under fault’’; the direction of the Board, the’’ and insert- ORIGINATION AND MORTGAGEE APPROVAL.— (2) by inserting ‘‘support for borrower ing ‘‘The’’; ‘‘(1) REQUIREMENT.—Any person or entity housing counseling, partial claims, borrower (9) in subsection (s)— that is not approved by the Secretary to incentives, preforeclosure sale,’’ after ‘‘loan (A) in the first sentence of paragraph (2), serve as a mortgagee, as such term is defined modification,’’; and by striking ‘‘Board of Directors of’’ and in- in subsection (c)(7), shall not participate in (3) by striking ‘‘204(a)(1)(A)’’ and inserting serting ‘‘Advisory Board for’’; and the origination of an FHA-insured loan ex- ‘‘subsection (a)(1)(A) or section 230(c)’’. (B) in paragraph (3)(A)(ii), by striking cept as authorized by the Secretary. ‘‘subsection (e)(1)(B) and such other’’ and in- ‘‘(2) ELIGIBILITY FOR APPROVAL.—In order (d) PAYMENT OF FHA MORTGAGE INSURANCE serting ‘‘such’’; to be eligible for approval by the Secretary, BENEFITS.— (10) in subsection (v), by inserting after the an applicant mortgagee shall not be, and (1) ADDITIONAL LOSS MITIGATION ACTIONS.— period at the end the following: ‘‘The Sec- shall not have any officer, partner, director, Section 230(a) of the National Housing Act retary shall conform documents, forms, and principal, manager, supervisor, loan proc- (12 U.S.C. 1715u(a)) is amended— procedures for mortgages insured under this essor, loan underwriter, or loan originator of (A) by inserting ‘‘or imminent default, as section to those in place for mortgages in- the applicant mortgagee who is— defined by the Secretary’’ after ‘‘default’’; sured under section 203(b) to the maximum ‘‘(A) currently suspended, debarred, under (B) by striking ‘‘loss’’ and inserting extent possible consistent with the require- a limited denial of participation (LDP), or ‘‘loan’’; ments of this section.’’; and otherwise restricted under part 25 of title 24 (C) by inserting ‘‘preforeclosure sale, sup- (11) by adding at the end the following new of the Code of Federal Regulations, 2 Code of port for borrower housing counseling, subor- subsections: Federal Regulations, part 180 as imple- dinate lien resolution, borrower incentives,’’ ‘‘(x) PAYMENTS TO SERVICERS AND ORIGINA- mented by part 2424, or any successor regula- after ‘‘loan modification,’’; TORS.—The Secretary may establish a pay- tions to such parts, or under similar provi- (D) by inserting ‘‘as required,’’ after ‘‘deeds ment to the— sions of any other Federal agency; in lieu of foreclosure,’’; and ‘‘(1) servicer of the existing senior mort- ‘‘(B) under indictment for, or has been con- (E) by inserting ‘‘or section 230(c),’’ before gage ‘‘or existing subordinate mortgage’’ for victed of, an offense that reflects adversely ‘‘as provided’’. every loan insured under the HOPE for upon the applicant’s integrity, competence (2) AMENDMENT TO PARTIAL CLAIM AUTHOR- Homeowners Program; and or fitness to meet the responsibilities of an ITY.—Section 230(b) of the National Housing ‘‘(2) originator of each new loan insured approved mortgagee; Act (12 U.S.C. 1715u(b)) is amended to read as under the HOPE for Homeowners Program. ‘‘(C) subject to unresolved findings con- follows: ‘‘(y) AUCTIONS.—The Secretary, with the tained in a Department of Housing and concurrence of the Board, shall, if feasible, Urban Development or other governmental ‘‘(b) PAYMENT OF PARTIAL CLAIM.— establish a structure and organize proce- audit, investigation, or review; ‘‘(1) ESTABLISHMENT OF PROGRAM.—The dures for an auction to refinance eligible ‘‘(D) engaged in business practices that do Secretary may establish a program for pay- mortgages on a wholesale or bulk basis.’’. not conform to generally accepted practices ment of a partial claim to a mortgagee that (b) REDUCING TARP FUNDS TO OFFSET of prudent mortgagees or that demonstrate agrees to apply the claim amount to pay- COSTS OF PROGRAM CHANGES.—Paragraph (3) irresponsibility; ment of a mortgage on a 1- to 4-family resi- of section 115(a) of the Emergency Economic ‘‘(E) convicted of, or who has pled guilty or dence that is in default or faces imminent Stabilization Act of 2008 (12 U.S.C. 5225) is nolo contendre to, a felony related to par- default, as defined by the Secretary. amended by inserting ‘‘, as such amount is ticipation in the real estate or mortgage ‘‘(2) PAYMENTS AND EXCEPTIONS.—Any pay- reduced by $1,244,000,000,’’ after loan industry— ment of a partial claim under the program ‘‘$700,000,000,000’’. ‘‘(i) during the 7-year period preceding the established in paragraph (1) to a mortgagee (c) TECHNICAL CORRECTION.—The second date of the application for licensing and reg- shall be made in the sole discretion of the section 257 of the National Housing Act istration; or Secretary and on terms and conditions ac- (Public Law 110–289; 122 Stat. 2839; 12 U.S.C. ‘‘(ii) at any time preceding such date of ap- ceptable to the Secretary, except that— 1715z–24) is amended by striking the section plication, if such felony involved an act of ‘‘(A) the amount of the payment shall be in heading and inserting the following: fraud, dishonesty, or a breach of trust, or an amount determined by the Secretary, not ‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED money laundering; to exceed an amount equivalent to 30 percent PROCESS FOR BORROWERS WITH- of the unpaid principal balance of the mort- OUT SUFFICIENT CREDIT HISTORY.’’. ‘‘(F) in violation of provisions of the SEC. 203. REQUIREMENTS FOR FHA-APPROVED S.A.F.E. Mortgage Licensing Act of 2008 (12 gage and any costs that are approved by the MORTGAGEES. U.S.C. 5101 et seq.) or any applicable provi- Secretary; (a) MORTGAGEE REVIEW BOARD.— sion of State law; or ‘‘(B) the amount of the partial claim pay- (1) IN GENERAL.—Section 202(c)(2) of the Na- ‘‘(G) in violation of any other requirement ment shall first be applied to any arrearage tional Housing Act (12 U.S.C. 1708(c)) is as established by the Secretary. on the mortgage, and may also be applied to amended— ‘‘(3) RULEMAKING AND IMPLEMENTATION.— achieve principal reduction; (A) in subparagraph (E), by inserting The Secretary shall conduct a rulemaking to ‘‘(C) the mortgagor shall agree to repay ‘‘and’’ after the semicolon; carry out this subsection. The Secretary the amount of the insurance claim to the (B) in subparagraph (F), by striking ‘‘; shall implement this subsection not later Secretary upon terms and conditions accept- and’’ and inserting ‘‘or their designees.’’; and than the expiration of the 60-day period be- able to the Secretary; (C) by striking subparagraph (G). ginning upon the date of the enactment of ‘‘(D) the Secretary may permit compensa- (2) PROHIBITION AGAINST LIMITATIONS ON this subsection by notice, mortgagee letter, tion to the mortgagee for lost income on MORTGAGEE REVIEW BOARD’S POWER TO TAKE or interim final regulations, which shall monthly payments, due to a reduction in the ACTION AGAINST MORTGAGEES.—Section 202(c) take effect upon issuance.’’; and interest rate charged on the mortgage; of the National Housing Act (12 U.S.C. (3) by adding at the end the following new ‘‘(E) expenses related to the partial claim 1708(c)) is amended by adding at the end the subsection: or modification may not be charged to the following new paragraph: ‘‘(h) USE OF NAME.—The Secretary shall, borrower; ‘‘(9) PROHIBITION AGAINST LIMITATIONS ON by regulation, require each mortgagee ap- ‘‘(F) loans may be modified to extend the MORTGAGEE REVIEW BOARD’S POWER TO TAKE proved by the Secretary for participation in term of the mortgage to a maximum of 40 ACTION AGAINST MORTGAGEES.—No State or the FHA mortgage insurance programs of years from the date of the modification; and local law, and no Federal law (except a Fed- the Secretary— ‘‘(G) the Secretary may permit incentive eral law enacted expressly in limitation of ‘‘(1) to use the business name of the mort- payments to the mortgagee, on the bor- this subsection after the effective date of gagee that is registered with the Secretary rower’s behalf, based on successful perform- this sentence), shall preclude or limit the ex- in connection with such approval in all ad- ance of a modified mortgage, which shall be ercise by the Board of its power to take any vertisements and promotional materials, as used to reduce the amount of principal in- action authorized under paragraphs (3) and such terms are defined by the Secretary, re- debtedness. (6) of this subsection against any mort- lating to the business of such mortgagee in ‘‘(3) PAYMENTS IN CONNECTION WITH CERTAIN gagee.’’. such mortgage insurance programs; and ACTIVITIES.—The Secretary may pay the (b) LIMITATIONS ON PARTICIPATION AND ‘‘(2) to maintain copies of all such adver- mortgagee, from the appropriate insurance MORTGAGEE APPROVAL AND USE OF NAME.— tisements and promotional materials, in fund, in connection with any activities that

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12772 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 the mortgagee is required to undertake con- subparagraph (C)(iii), the Secretary may pro- ing and Urban Development, by any person, cerning repayment by the mortgagor of the vide for the existing servicer to continue to party, company, firm, partnership, or busi- amount owed to the Secretary.’’. service the mortgage or may engage another ness, including sellers of real estate, closing (3) ASSIGNMENT.—Section 230(c) of the Na- entity to service the mortgage.’’. agents, title companies, real estate agents, tional Housing Act (12 U.S.C. 1715u(c)) is (4) IMPLEMENTATION.—The Secretary of mortgage brokers, appraisers, loan cor- amended— Housing and Urban Development may imple- respondents, and dealers, except as author- (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; ment the amendments made by this sub- ized by the Secretary.’’; and (B) by redesignating paragraphs (1), (2), section through notice or mortgagee letter. (2) in subsection (g), by striking ‘‘The and (3) as subparagraphs (A), (B), and (C), re- (e) CHANGE OF STATUS.—The National term’’ and all that follows through the end spectively; Housing Act is amended by striking section of the sentence and inserting ‘‘For purposes (C) in paragraph (1)(B) (as so redesig- 532 (12 U.S.C. 1735f–10) and inserting the fol- of this section, a person acts knowingly nated)— lowing new section: when a person has actual knowledge of acts (i) by redesignating subparagraphs (A), (B), ‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. or should have known of the acts.’’. and (C) as clauses (i), (ii), and (iii), respec- ‘‘(a) NOTIFICATION.—Upon the occurrence of (g) EXPANDED REVIEW OF FHA MORTGAGEE tively; any action described in subsection (b), an ap- APPLICANTS AND NEWLY APPROVED MORTGA- (ii) in the matter preceding clause (i) (as so proved mortgagee shall immediately submit GEES.—Not later than the expiration of the 3- redesignated), by striking ‘‘under a program to the Secretary, in writing, notification of month period beginning upon the date of the under this subsection’’ and inserting ‘‘under such occurrence. enactment of this Act, the Secretary of this paragraph’’; and ‘‘(b) ACTIONS.—The actions described in Housing and Urban Development shall— (iii) in clause (i) (as so redesignated), by in- this subsection are as follows: (1) expand the existing process for review- serting ‘‘or facing imminent default, as de- ‘‘(1) The debarment, suspension or a Lim- ing new applicants for approval for partici- fined by the Secretary’’ after ‘‘default’’; ited Denial of Participation (LDP), or appli- pation in the mortgage insurance programs (D) in paragraph (1)(C) (as so redesignated), cation of other sanctions, other exclusions, of the Secretary for mortgages on 1- to 4- by striking ‘‘under a program under this sub- fines, or penalties applied to the mortgagee family residences for the purpose of identi- section’’ and inserting ‘‘under this para- or to any officer, partner, director, principal, fying applicants who represent a high risk to graph’’; and manager, supervisor, loan processor, loan un- the Mutual Mortgage Insurance Fund; and (E) by adding at the end the following: derwriter, or loan originator of the mort- (2) implement procedures that, for mortga- ‘‘(2) ASSIGNMENT AND LOAN MODIFICATION.— gagee pursuant to applicable provisions of gees approved during the 12-month period ‘‘(A) AUTHORITY.—The Secretary may en- State or Federal law. ending upon such date of enactment— courage loan modifications for eligible delin- ‘‘(2) The revocation of a State-issued mort- (A) expand the number of mortgages origi- quent mortgages or mortgages facing immi- gage loan originator license issued pursuant nated by such mortgagees that are reviewed nent default, as defined by the Secretary, to the S.A.F.E. Mortgage Licensing Act of for compliance with applicable laws, regula- through the payment of insurance benefits 2008 (12 U.S.C. 5101 et seq.) or any other simi- tions, and policies; and and assignment of the mortgage to the Sec- lar declaration of ineligibility pursuant to (B) include a process for random reviews of retary and the subsequent modification of State law.’’. such mortgagees and a process for reviews the terms of the mortgage according to a (f) CIVIL MONEY PENALTIES.—Section 536 of that is based on volume of mortgages origi- loan modification approved by the mort- the National Housing Act (12 U.S.C. 1735f–14) nated by such mortgagees. gagee. is amended— SEC. 204. ENHANCEMENT OF LIQUIDITY AND STA- ‘‘(B) PAYMENT OF BENEFITS AND ASSIGN- (1) in subsection (b)— BILITY OF INSURED DEPOSITORY IN- STITUTIONS TO ENSURE AVAIL- MENT.—In carrying out this paragraph, the (A) in paragraph (1)— ABILITY OF CREDIT AND REDUC- Secretary may pay insurance benefits for a (i) in the matter preceding subparagraph TION OF FORECLOSURES. mortgage, in the amount determined in ac- (A), by inserting ‘‘or any of its owners, offi- (a) TEMPORARY INCREASE IN DEPOSIT INSUR- cordance with section 204(a)(5), without re- cers, or directors’’ after ‘‘mortgagee or lend- ANCE EXTENDED.—Section 136 of the Emer- duction for any amounts modified, but only er’’; gency Economic Stabilization Act of 2008 (12 upon the assignment, transfer, and delivery (ii) in subparagraph (H), by striking ‘‘title U.S.C. 5241) is amended— to the Secretary of all rights, interest, I’’ and all that follows through ‘‘under this (1) in subsection (a)— claims, evidence, and records with respect to Act.’’ and inserting ‘‘title I or II of this Act, (A) in paragraph (1), by striking ‘‘Decem- the mortgage specified in clauses (i) through or any implementing regulation, handbook, ber 31, 2009’’ and inserting ‘‘December 31, (iv) of section 204(a)(1)(A). or mortgagee letter that is issued under this 2013’’; ‘‘(C) DISPOSITION.—After modification of a Act.’’; and (B) by striking paragraph (2); mortgage pursuant to this paragraph, the (iii) by inserting after subparagraph (J) the (C) by redesignating paragraph (3) as para- Secretary may provide insurance under this following: graph (2); and title for the mortgage. The Secretary may ‘‘(K) Violation of section 202(d) of this Act (D) in paragraph (2), as so redesignated, by subsequently— (12 U.S.C. 1708(d)). striking ‘‘December 31, 2009’’ and inserting ‘‘(i) re-assign the mortgage to the mort- ‘‘(L) Use of ‘Federal Housing Administra- ‘‘December 31, 2013’’; and gagee under terms and conditions as are tion’, ‘Department of Housing and Urban De- (2) in subsection (b)— agreed to by the mortgagee and the Sec- velopment’, ‘Government National Mortgage (A) in paragraph (1), by striking ‘‘Decem- retary; Association’, ‘Ginnie Mae’, the acronyms ber 31, 2009’’ and inserting ‘‘December 31, ‘‘(ii) act as a Government National Mort- ‘HUD’, ‘FHA’, or ‘GNMA’, or any official seal 2013’’; gage Association issuer, or contract with an or logo of the Department of Housing and (B) by striking paragraph (2); entity for such purpose, in order to pool the Urban Development, except as authorized by (C) by redesignating paragraph (3) as para- mortgage into a Government National Mort- the Secretary.’’; graph (2); and gage Association security; or (B) in paragraph (2)— (D) in paragraph (2), as so redesignated, by ‘‘(iii) re-sell the mortgage in accordance (i) in subparagraph (B), by striking ‘‘or’’ at striking ‘‘December 31, 2009’’ and inserting with any program that has been established the end; ‘‘December 31, 2013’’; and for purchase by the Federal Government of (ii) in subparagraph (C), by striking the pe- (b) EXTENSION OF RESTORATION PLAN PE- mortgages insured under this title, and the riod at the end and inserting ‘‘; or’’; and RIOD.—Section 7(b)(3)(E)(ii) of the Federal Secretary may coordinate standards for in- (iii) by adding at the end the following new Deposit Insurance Act (12 U.S.C. terest rate reductions available for loan subparagraph: 1817(b)(3)(E)(ii)) is amended by striking ‘‘5- modification with interest rates established ‘‘(D) causing or participating in any of the year period’’ and inserting ‘‘8-year period’’. for such purchase. violations set forth in paragraph (1) of this (c) FDIC AND NCUA BORROWING AUTHOR- ‘‘(D) LOAN SERVICING.—In carrying out this subsection.’’; and ITY.— paragraph, the Secretary may require the ex- (C) by amending paragraph (3) to read as (1) FDIC.—Section 14(a) of the Federal De- isting servicer of a mortgage assigned to the follows: posit Insurance Act (12 U.S.C. 1824(a)) is Secretary to continue servicing the mort- ‘‘(3) PROHIBITION AGAINST MISLEADING USE amended— gage as an agent of the Secretary during the OF FEDERAL ENTITY DESIGNATION.—The Sec- (A) by striking ‘‘$30,000,000,000’’ and insert- period that the Secretary acquires and holds retary may impose a civil money penalty, as ing ‘‘$100,000,000,000’’; the mortgage for the purpose of modifying adjusted from time to time, under subsection (B) by striking ‘‘The Corporation is au- the terms of the mortgage, provided that the (a) for any use of ‘Federal Housing Adminis- thorized’’ and inserting the following: Secretary compensates the existing servicer tration’, ‘Department of Housing and Urban ‘‘(1) IN GENERAL.—The Corporation is au- appropriately, as such compensation is de- Development’, ‘Government National Mort- thorized’’; termined by the Secretary consistent, to the gage Association’, ‘Ginnie Mae’, the acro- (C) by striking ‘‘There are hereby’’ and in- maximum extent possible, with section nyms ‘HUD’, ‘FHA’, or ‘GNMA’, or any offi- serting the following: 203(b). If the mortgage is resold pursuant to cial seal or logo of the Department of Hous- ‘‘(2) FUNDING.—There are hereby’’; and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12773 (D) by adding at the end the following: need for the additional borrowing authority Act (12 U.S.C. 1781 et seq.) is amended by ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— and its intended uses.’’. adding at the end the following new section: ‘‘(A) RECOMMENDATIONS FOR INCREASE.— (d) EXPANDING SYSTEMIC RISK SPECIAL AS- ‘‘SEC. 217. TEMPORARY CORPORATE CREDIT During the period beginning on the date of SESSMENTS.—Section 13(c)(4)(G)(ii) of the UNION STABILIZATION FUND. enactment of this paragraph and ending on Federal Deposit Insurance Act (12 U.S.C. ‘‘(a) ESTABLISHMENT OF STABILIZATION December 31, 2010, if, upon the written rec- 1823(c)(4)(G)(ii)) is amended to read as fol- FUND.—There is hereby created in the Treas- ommendation of the Board of Directors lows: ury of the United States a fund to be known (upon a vote of not less than two-thirds of ‘‘(ii) REPAYMENT OF LOSS.— as the ‘Temporary Corporate Credit Union the members of the Board of Directors) and ‘‘(I) IN GENERAL.—The Corporation shall re- Stabilization Fund.’ The Board will admin- the Board of Governors of the Federal Re- cover the loss to the Deposit Insurance Fund ister the Stabilization Fund as prescribed by serve System (upon a vote of not less than arising from any action taken or assistance section 209. two-thirds of the members of such Board), provided with respect to an insured deposi- ‘‘(b) EXPENDITURES FROM STABILIZATION the Secretary of the Treasury (in consulta- tory institution under clause (i) from 1 or FUND.—Money in the Stabilization Fund tion with the President) determines that ad- more special assessments on insured deposi- shall be available upon requisition by the ditional amounts above the $100,000,000,000 tory institutions, depository institution Board, without fiscal year limitation, for amount specified in paragraph (1) are nec- holding companies (with the concurrence of making payments for the purposes described essary, such amount shall be increased to the Secretary of the Treasury with respect in section 203(a), subject to the following ad- the amount so determined to be necessary, to holding companies), or both, as the Cor- ditional limitations: not to exceed $500,000,000,000. poration determines to be appropriate. ‘‘(1) All payments other than administra- ‘‘(II) TREATMENT OF DEPOSITORY INSTITU- ‘‘(B) REPORT REQUIRED.—If the borrowing tive payments shall be connected to the con- TION HOLDING COMPANIES.—For purposes of authority of the Corporation is increased servatorship, liquidation, or threatened con- this clause, sections 7(c)(2) and 18(h) shall above $100,000,000,000 pursuant to subpara- servatorship or liquidation, of a corporate apply to depository institution holding com- graph (A), the Corporation shall promptly credit union. panies as if they were insured depository in- submit a report to the Committee on Bank- ‘‘(2) Prior to authorizing each payment the stitutions. ing, Housing, and Urban Affairs of the Sen- Board shall— ‘‘(III) REGULATIONS.—The Corporation shall ate and the Committee on Financial Services ‘‘(A) certify that, absent the existence of prescribe such regulations as it deems nec- of the House of Representatives describing the Stabilization Fund, the Board would essary to implement this clause. In pre- the reasons and need for the additional bor- have made the identical payment out of the scribing such regulations, defining terms, rowing authority and its intended uses. National Credit Union Share Insurance Fund and setting the appropriate assessment rate ‘‘(C) RESTRICTION ON USAGE.—The Corpora- or rates, the Corporation shall establish (Insurance Fund); and tion may not borrow pursuant to subpara- rates sufficient to cover the losses incurred ‘‘(B) report each such certification to the graph (A) to fund obligations of the Corpora- as a result of the actions of the Corporation Committee on Banking, Housing, and Urban tion incurred as a part of a program estab- under clause (i) and shall consider: the types Affairs of the Senate and the Committee on lished by the Secretary of the Treasury pur- of entities that benefit from any action Financial Services of the House of Rep- suant to the Emergency Economic Stabiliza- taken or assistance provided under this sub- resentatives. tion Act of 2008 to purchase or guarantee as- paragraph; economic conditions, the effects ‘‘(c) AUTHORITY TO BORROW.— sets.’’. on the industry, and such other factors as ‘‘(1) IN GENERAL.—The Stabilization Fund (2) NCUA.—Section 203(d)(1) of the Federal the Corporation deems appropriate and rel- is authorized to borrow from the Secretary Credit Union Act (12 U.S.C. 1783(d)(1)) is evant to the action taken or the assistance of the Treasury from time-to-time as deemed amended to read as follows: provided. Any funds so collected that exceed necessary by the Board. The maximum out- ‘‘(1) If, in the judgment of the Board, a actual losses shall be placed in the Deposit standing amount of all borrowings from the loan to the insurance fund, or to the sta- Insurance Fund.’’. Treasury by the Stabilization Fund and the bilization fund described in section 217 of (e) ESTABLISHMENT OF A NATIONAL CREDIT National Credit Union Share Insurance this title, is required at any time for pur- UNION SHARE INSURANCE FUND RESTORATION Fund, combined, is limited to the amount poses of this subchapter, the Secretary of the PLAN PERIOD.—Section 202(c)(2) of the Fed- provided for in section 203(d)(1), including Treasury shall make the loan, but loans eral Credit Union Act (12 U.S.C. 1782(c)(2)) is any authorized increases in that amount. under this paragraph shall not exceed in the amended by adding at the end the following ‘‘(2) REPAYMENT OF ADVANCES.— aggregate $6,000,000,000 outstanding at any new subparagraph: ‘‘(A) IN GENERAL.—The advances made one time. Except as otherwise provided in ‘‘(D) FUND RESTORATION PLANS.— under this section shall be repaid by the Sta- this subsection, section 217, and in sub- ‘‘(i) IN GENERAL.—Whenever— bilization Fund, and interest on such ad- section (e) of this section, each loan under ‘‘(I) the Board projects that the equity vance shall be paid, to the General fund of this paragraph shall be made on such terms ratio of the Fund will, within 6 months of the Treasury. as may be fixed by agreement between the such determination, fall below the minimum ‘‘(B) VARIABLE RATE OF INTEREST.—The Board and the Secretary of the Treasury.’’. amount specified in subparagraph (C); or Secretary of the Treasury shall make the (3) TEMPORARY INCREASES OF BORROWING ‘‘(II) the equity ratio of the Fund actually first rate determination at the time of the AUTHORITY FOR NCUA.—Section 203(d) of the falls below the minimum amount specified in first advance under this section and shall Federal Credit Union Act (12 U.S.C. 1783(d)) subparagraph (C) without any determination reset the rate again for all advances on each is amended by adding at the end the fol- under sub-clause (I) having been made, anniversary of the first advance. The inter- lowing: the Board shall establish and implement a est rate shall be equal to the average market ‘‘(4) TEMPORARY INCREASES AUTHORIZED.— restoration plan within 90 days that meets yield on outstanding marketable obligations ‘‘(A) RECOMMENDATIONS FOR INCREASE.— the requirements of clause (ii) and such of the United States with remaining periods During the period beginning on the date of other conditions as the Board determines to to maturity equal to 12 months. enactment of this paragraph and ending on be appropriate. ‘‘(3) REPAYMENT SCHEDULE.—The Stabiliza- December 31, 2010, if, upon the written rec- ‘‘(ii) REQUIREMENTS OF RESTORATION tion Fund shall repay the advances on a ommendation of the Board (upon a vote of PLAN.—A restoration plan meets the require- first-in, first-out basis, with interest on the not less than two-thirds of the members of ments of this clause if the plan provides that amount repaid, at times and dates deter- the Board) and the Board of Governors of the the equity ratio of the Fund will meet or ex- mined by the Board at its discretion. All ad- Federal Reserve System (upon a vote of not ceed the minimum amount specified in sub- vances shall be repaid not later than the less than two-thirds of the members of such paragraph (C) before the end of the 8-year pe- date of the seventh anniversary of the first Board), the Secretary of the Treasury (in riod beginning upon the implementation of advance to the Stabilization Fund, unless consultation with the President) determines the plan (or such longer period as the Board the Board extends this final repayment date. that additional amounts above the may determine to be necessary due to ex- The Board shall obtain the concurrence of $6,000,000,000 amount specified in paragraph traordinary circumstances). the Secretary of the Treasury on any pro- (1) are necessary, such amount shall be in- ‘‘(iii) TRANSPARENCY.—Not more than 30 posed extension, including the terms and creased to the amount so determined to be days after the Board establishes and imple- conditions of the extended repayment. necessary, not to exceed $30,000,000,000. ments a restoration plan under clause (i), the ‘‘(d) ASSESSMENT TO REPAY ADVANCES.—At ‘‘(B) REPORT REQUIRED.—If the borrowing Board shall publish in the Federal Register a least 90 days prior to each repayment de- authority of the Board is increased above detailed analysis of the factors considered scribed in subsection (c)(3), the Board shall $6,000,000,000 pursuant to subparagraph (A), and the basis for the actions taken with re- set the amount of the upcoming repayment the Board shall promptly submit a report to gard to the plan.’’. and determine if the Stabilization Fund will the Committee on Banking, Housing, and (f) TEMPORARY CORPORATE CREDIT UNION have sufficient funds to make the repay- Urban Affairs of the Senate and the Com- STABILIZATION FUND.— ment. If the Stabilization Fund might not mittee on Financial Services of the House of (1) ESTABLISHMENT OF STABILIZATION have sufficient funds to make the repay- Representatives describing the reasons and FUND.—Title II of the Federal Credit Union ment, the Board shall assess each federally

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insured credit union a special premium due mortgage modifications, using any amounts (d) OPTIONAL FUNCTIONS.—If the Depart- and payable within 60 days in an aggregate made available to the Secretary of the ment of Justice establishes the Task Force amount calculated to ensure the Stabiliza- Treasury under title I of the Emergency Eco- referred to in subsection (a), it is the sense of tion Fund is able to make the repayment. nomic Stabilization Act of 2008, the Sec- the Congress that the Task Force should— The premium charge for each credit union retary shall provide that the limitation on (1) initiate and coordinate Federal mort- shall be stated as a percentage of its insured the maximum original principal obligation gage fraud investigations and, through the shares as represented on the credit union’s of a mortgage that may be modified, refi- coordinating entities described under sub- previous call report. The percentage shall be nanced, made, guaranteed, insured, or other- section (c), State and local mortgage fraud identical for each credit union. Any credit wise assisted, using such amounts shall not investigations; union that fails to make timely payment of be less than the dollar amount limitation on (2) establish a toll-free hotline for— the special premium is subject to the proce- the maximum original principal obligation (A) reporting mortgage fraud; dures and penalties described under sub- of a mortgage that may be purchased by the (B) providing the public with access to in- sections (d), (e), and (f) of section 202. Federal Home Loan Mortgage Corporation formation and resources with respect to ‘‘(e) DISTRIBUTIONS FROM INSURANCE that is in effect, at the time that the mort- mortgage fraud; and FUND.—At the end of any calendar year in gage is modified, refinanced, made, guaran- (C) directing reports of mortgage fraud to which the Stabilization Fund has an out- teed, insured, or otherwise assisted using the appropriate Federal, State, and local law standing advance from the Treasury, the In- such amounts, for the area in which the enforcement and prosecutorial agency, in- surance Fund is prohibited from making the property involved in the transaction is lo- cluding to the appropriate branch of the distribution to insured credit unions de- cated. Task Force established under subsection (d); scribed in section 202(c)(3). In lieu of the dis- SEC. 206. MORTGAGES ON CERTAIN HOMES ON (3) create a database with respect to sus- tribution described in that section, the In- LEASED LAND. pensions and revocations of mortgage indus- surance Fund shall make a distribution to Section 255(b)(4) of the National Housing try licenses and certifications to facilitate the Stabilization Fund of the maximum Act (12 U.S.C. 1715z–20(b)(4)) is amended by the sharing of such information by States; amount possible that does not reduce the In- striking subparagraph (B) and inserting: (4) make recommendations with respect to surance Fund’s equity ratio below the nor- ‘‘(B) under a lease that has a term that the need for and resources available to pro- mal operating level and does not reduce the ends no earlier than the minimum number of vide the equipment and training necessary Insurance Fund’s available assets ratio years, as specified by the Secretary, beyond for the Task Force to combat mortgage below 1.0 percent. the actuarial life expectancy of the mort- fraud; and ‘‘(f) INVESTMENT OF STABILIZATION FUND gagor or comortgagor, whichever is the later (5) propose legislation to Federal, State, ASSETS.—The Board may request the Sec- date.’’. and local legislative bodies with respect to retary of the Treasury to invest such portion SEC. 207. SENSE OF CONGRESS REGARDING the elimination and prevention of mortgage of the Stabilization Fund as is not, in the MORTGAGE REVENUE BOND PUR- fraud, including measures to address mort- Board’s judgment, required to meet the cur- CHASES. gage loan procedures and property appraiser rent needs of the Stabilization Fund. Such It is the sense of the Congress that the practices that provide opportunities for investments shall be made by the Secretary Secretary of the Treasury should use mortgage fraud. of the Treasury in public debt securities, amounts made available in this Act to pur- TITLE IV—FORECLOSURE MORATORIUM with maturities suitable to the needs of the chase mortgage revenue bonds for single- PROVISIONS family housing issued through State housing Stabilization Fund, as determined by the SEC. 401. SENSE OF THE CONGRESS ON FORE- Board, and bearing interest at a rate deter- finance agencies and through units of local CLOSURES. government and agencies thereof. mined by the Secretary of the Treasury, tak- (a) IN GENERAL.—It is the sense of the Con- ing into consideration current market yields TITLE III—MORTGAGE FRAUD TASK gress that mortgage holders, institutions, on outstanding marketable obligations of FORCE and mortgage servicers should not initiate a the United States of comparable maturity. SEC. 301. SENSE OF CONGRESS ON ESTABLISH- foreclosure proceeding or a foreclosure sale ‘‘(g) REPORTS.—The Board shall submit an MENT OF A NATIONWIDE MORTGAGE on any homeowner until the foreclosure annual report to Congress on the financial FRAUD TASK FORCE. mitigation provisions, like the Hope for condition and the results of the operation of (a) IN GENERAL.—It is the sense of the Con- Homeowners program, as required under the Stabilization Fund. The report is due to gress that the Department of Justice estab- title II, and the President’s ‘‘Homeowner Af- Congress within 30 days after each anniver- lish a Nationwide Mortgage Fraud Task fordability and Stability Plan’’ have been sary of the first advance made under sub- Force (hereinafter referred to in this section implemented and determined to be oper- section (c)(1). Because the Fund will use ad- as the ‘‘Task Force’’) to address mortgage ational by the Secretary of Housing and vances from the Treasury to meet corporate fraud in the United States. Urban Development and the Secretary of the stabilization costs with full repayment of (b) SUPPORT.—If the Department of Justice Treasury. borrowings to Treasury at the Board’s dis- establishes the Task Force referred to in (b) SCOPE OF MORATORIUM.—The fore- cretion not due until 7 years from the initial subsection (a), it is the sense of the Congress closure moratorium referred to in subsection advance, to the extent operating expenses of that the Attorney General should provide (a) should apply only for first mortgages se- the Fund exceed income, the financial condi- the Task Force with the appropriate staff, cured by the owner’s principal dwelling. tion of the Fund may reflect a deficit. With administrative support, and other resources (c) FHA-REGULATED LOAN MODIFICATION planned and required future repayments, the necessary to carry out the duties of the Task AGREEMENTS.—If a mortgage holder, institu- Board shall resolve all deficits prior to ter- Force. tion, or mortgage servicer to which sub- mination of the Fund. (c) MANDATORY FUNCTIONS.—If the Depart- section (a) applies reaches a loan modifica- ‘‘(h) CLOSING OF STABILIZATION FUND.— ment of Justice establishes the Task Force tion agreement with a homeowner under the Within 90 days following the seventh anni- referred to in subsection (a), it is the sense of auspices of the Federal Housing Administra- versary of the initial Stabilization Fund ad- the Congress that the Attorney General tion before any plan referred to in such sub- vance, or earlier at the Board’s discretion, should— section takes effect, subsection (a) shall the Board shall distribute any funds, prop- (1) establish coordinating entities, and so- cease to apply to such institution as of the erty, or other assets remaining in the Sta- licit the voluntary participation of Federal, effective date of the loan modification agree- bilization Fund to the Insurance Fund and State, and local law enforcement and pros- ment. shall close the Stabilization Fund. If the ecutorial agencies in such entities, to orga- (d) DUTY OF CONSUMER TO MAINTAIN PROP- Board extends the final repayment date as nize initiatives to address mortgage fraud, ERTY.—Any homeowner for whose benefit permitted under subsection (c)(3), the man- including initiatives to enforce State mort- any foreclosure proceeding or sale is barred datory date for closing the Stabilization gage fraud laws and other related Federal under subsection (a) from being instituted, Fund shall be extended by the same number and State laws; continued , or consummated with respect to of days.’’. (2) provide training to Federal, State, and any homeowner mortgage should not, with (2) CONFORMING AMENDMENT.—Section local law enforcement and prosecutorial respect to any property securing such mort- 202(c)(3)(A) of the Federal Credit Union Act agencies with respect to mortgage fraud, in- gage, destroy, damage, or impair such prop- (12 U.S.C. 1782(c)(3)(A)) is amended by insert- cluding related Federal and State laws; erty, allow the property to deteriorate, or ing ‘‘, subject to the requirements of section (3) collect and disseminate data with re- commit waste on the property. 217(e),’’ after ‘‘The Board shall’’. spect to mortgage fraud, including Federal, (e) DUTY OF CONSUMER TO RESPOND TO REA- SEC. 205. APPLICATION OF GSE CONFORMING State, and local data relating to mortgage SONABLE INQUIRIES.—Any homeowner for LOAN LIMIT TO MORTGAGES AS- fraud investigations and prosecutions; and whose benefit any foreclosure proceeding or SISTED WITH TARP FUNDS. (4) perform other functions determined by sale is barred under subsection (a) from In making any assistance available to pre- the Attorney General to enhance the detec- being instituted, continued, or consummated vent and mitigate foreclosures on residential tion of, prevention of, and response to mort- with respect to any homeowner mortgage properties, including any assistance for gage fraud in the United States. should respond to reasonable inquiries from

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a creditor or servicer during the period dur- that could result from interactions between ‘‘(g) NOTICE OF NEW CREDITOR.— ing which such foreclosure proceeding or sale such programs. ‘‘(1) IN GENERAL.—In addition to other dis- is barred. (3) REPORT.—Not later than 60 days after closures required by this title, not later than SEC. 402. PUBLIC-PRIVATE INVESTMENT PRO- the date of the establishment of a program 30 days after the date on which a mortgage GRAM; ADDITIONAL APPROPRIA- described in paragraph (1), the Special In- loan is sold or otherwise transferred or as- TIONS FOR THE SPECIAL INSPEC- spector General shall submit a report to Con- signed to a third party, the creditor that is TOR GENERAL FOR THE TROUBLED gress on the implementation of this section. the new owner or assignee of the debt shall ASSET RELIEF PROGRAM. (c) ADDITIONAL APPROPRIATIONS FOR THE notify the borrower in writing of such trans- (a) SHORT TITLE.—This section may be SPECIAL INSPECTOR GENERAL.— fer, including— cited as the ‘‘Public-Private Investment Pro- (1) IN GENERAL.—Of amounts made avail- ‘‘(A) the identity, address, telephone num- gram Improvement and Oversight Act of able under section 115(a) of the Emergency ber of the new creditor; 2009’’. Economic Stabilization Act of 2008 (Public ‘‘(B) the date of transfer; (b) PUBLIC-PRIVATE INVESTMENT PRO- Law 110–343), $15,000,000 shall be made avail- ‘‘(C) how to reach an agent or party having GRAM.— able to the Special Inspector General, which authority to act on behalf of the new cred- (1) IN GENERAL.—Any program established shall be in addition to amounts otherwise itor; by the Federal Government to create a pub- made available to the Special Inspector Gen- ‘‘(D) the location of the place where trans- lic-private investment fund shall— eral. fer of ownership of the debt is recorded; and (A) in consultation with the Special In- (2) PRIORITIES.—In utilizing funds made ‘‘(E) any other relevant information re- spector General of the Trouble Asset Relief available under this section, the Special In- garding the new creditor. Program (in this section referred to as the spector General shall prioritize the perform- ‘‘(2) DEFINITION.—As used in this sub- ‘‘Special Inspector General’’), impose strict ance of audits or investigations of recipients section, the term ‘mortgage loan’ means any conflict of interest rules on managers of pub- of non-recourse Federal loans made under consumer credit transaction that is secured lic-private investment funds to ensure that ‘‘any program that is funded in whole or in by the principal dwelling of a consumer.’’. securities bought by the funds are purchased part by funds appropriated under the Emer- (b) PRIVATE RIGHT OF ACTION.—Section in arms-length transactions, that fiduciary gency Economic Stabilization Act of 2008,’’ 130(a) of the Truth in Lending Act (15 U.S.C. duties to public and private investors in the to the extent that such priority is consistent 1640(a)) is amended by inserting ‘‘subsection fund are not violated, and that there is full with other aspects of the mission of the Spe- (f) or (g) of section 131,’’ after ‘‘section 125,’’. disclosure of relevant facts and financial in- cial Inspector General. Such audits or inves- TITLE V—FARM LOAN RESTRUCTURING terests (which conflict of interest rules shall tigations shall determine the existence of SEC. 501. CONGRESSIONAL OVERSIGHT PANEL be implemented by the manager of a public- any collusion between the loan recipient and SPECIAL REPORT. private investment fund prior to such fund the seller or originator of the asset used as Section 125(b) of the Emergency Economic receiving Federal Government financing); loan collateral, or any other conflict of in- Stabilization Act of 2008 (12 U.S.C. 5233(b)) is (B) require each public-private investment terest that may have led the loan recipient amended by adding at the end the following: fund to make a quarterly report to the Sec- to deliberately overstate the value of the ‘‘(3) SPECIAL REPORT ON FARM LOAN RE- retary of the Treasury (in this section re- asset used as loan collateral. STRUCTURING.—Not later than 60 days after ferred to as the ‘‘Secretary’’) that discloses (d) RULE OF CONSTRUCTION.—Notwith- the date of enactment of this paragraph, the the 10 largest positions of such fund (which standing any other provision of law, nothing Oversight Panel shall submit a special report reports shall be publicly disclosed at such in this section shall be construed to apply to on farm loan restructuring that— time as the Secretary of the Treasury deter- any activity of the Federal Deposit Insur- ‘‘(A) analyzes the state of the commercial mines that such disclosure will not harm the ance Corporation in connection with insured farm credit markets and the use of loan re- ongoing business operations of the fund); depository institutions, as described in sec- structuring as an alternative to foreclosure (C) allow the Special Inspector General ac- tion 13(c)(2)(B) of the Federal Deposit Insur- by recipients of financial assistance under cess to all books and records of a public-pri- ance Act. the Troubled Asset Relief Program; and vate investment fund, including all records (e) DEFINITION.—In this section, the term ‘‘(B) includes an examination of and rec- of financial transactions in machine read- ‘‘public-private investment fund’’ means a fi- ommendation on the different methods for able form, and the confidentiality of all such nancial vehicle that is— farm loan restructuring that could be used information shall be maintained by the Spe- (1) established by the Federal Government as part of a foreclosure mitigation program cial Inspector General; to purchase pools of loans, securities, or as- for farm loans made by recipients of finan- (D) require each manager of a public-pri- sets from a financial institution described in cial assistance under the Troubled Asset Re- vate investment fund to retain all books, section 101(a)(1) of the Emergency Economic lief Program, including any programs for di- documents, and records relating to such pub- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); rect loan restructuring or modification car- lic-private investment fund, including elec- and ried out by the Farm Service Agency of the tronic messages; (2) funded by a combination of cash or eq- Department of Agriculture, the farm credit (E) require each manager of a public-pri- uity from private investors and funds pro- system, and the Making Home Affordable vate investment fund to acknowledge, in vided by the Secretary of the Treasury or Program of the Department of the Treas- writing, a fiduciary duty to both the public funds appropriated under the Emergency ury.’’. Economic Stabilization Act of 2008. and private investors in such fund; TITLE VI—ENHANCED OVERSIGHT OF THE (f) OFFSET OF COSTS OF PROGRAM (F) require each manager of a public-pri- TROUBLED ASSET RELIEF PROGRAM CHANGES.—Notwithstanding the amendment vate investment fund to develop a robust made by section 202(b) of this Act, paragraph SEC. 601. ENHANCED OVERSIGHT OF THE TROU- ethics policy that includes methods to en- (3) of section 115(a) of the Emergency Eco- BLED ASSET RELIEF PROGRAM. sure compliance with such policy; nomic Stabilization Act of 2008 (12 U.S.C. Section 116 of the Emergency Economic (G) require strict investor screening proce- 5225) is amended by inserting ‘‘, as such Stabilization Act of 2008 (12 U.S.C. 5226) is dures for public-private investment funds; amount is reduced by $1,259,000,000,’’ after amended— and ‘‘$700,000,000,000’’. (1) in subsection (a)(1)(A)— (H) require each manager of a public-pri- (g) REGULATIONS.—The Secretary of the (A) in clause (iii), by striking ‘‘and’’ at the vate fund to identify for the Secretary, on a Treasury may prescribe such regulations or end; periodic basis, each investor that, individ- other guidance as may be necessary or ap- (B) in clause (iv), by striking the period at ually or together with affiliates, directly or propriate to define terms or carry out the the end and inserting ‘‘; and’’; and indirectly, holds equity interests equal to at authorities or purposes of this section. (C) by adding at the end the following: least 10 percent of the equity interest of the SEC. 403. REMOVAL OF REQUIREMENT TO LIQ- ‘‘(v) public accountability for the exercise fund including if such interests are held in a UIDATE WARRANTS UNDER THE of such authority, including with respect to vehicle formed for the purpose of directly or TARP. actions taken by those entities participating indirectly investing in the fund. Section 111(g) of the Emergency Economic in programs established under this Act.’’; (2) INTERACTION BETWEEN PUBLIC-PRIVATE Stabilization Act of 2008 (12 U.S.C. 5221(g)) is and INVESTMENT FUNDS AND THE TERM-ASSET amended by striking ‘‘shall liquidate war- (2) in subsection (a)(2)— BACKED SECURITIES LOAN FACILITY.—The Sec- rants associated with such assistance at the (A) by redesignating subparagraph (C) as retary shall consult with the Special Inspec- current market price’’ and inserting ‘‘, at subparagraph (F); and tor General and shall issue regulations gov- the market price, may liquidate warrants as- (B) by striking subparagraphs (A) and (B) erning the interaction of the Public-Private sociated with such assistance’’. and inserting the following: Investment Program, the Term-Asset SEC. 404. NOTIFICATION OF SALE OR TRANSFER ‘‘(A) DEFINITION.—In this paragraph, the Backed Securities Loan Facility, and other OF MORTGAGE LOANS. term ‘governmental unit’ has the meaning similar public-private investment programs. (a) IN GENERAL.—Section 131 of the Truth given under section 101(27) of title 11, United Such regulations shall address concerns re- in Lending Act (15 U.S.C. 1641) is amended by States Code, and does not include any in- garding the potential for excessive leverage adding at the end the following: sured depository institution as defined under

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12776 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 section 3 of the Federal Deposit Insurance tenant at least 90 days before the effective under this title shall terminate, on Decem- Act (12 U.S.C. 8113). date of such notice; and ber 31, 2012. ‘‘(B) GAO PRESENCE.—The Secretary shall (2) the rights of any bona fide tenant, as of TITLE VIII—COMPTROLLER GENERAL provide the Comptroller General with appro- the date of such notice of foreclosure— ADDITIONAL AUDIT AUTHORITIES priate space and facilities in the Department (A) under any bona fide lease entered into SEC. 801. COMPTROLLER GENERAL ADDITIONAL of the Treasury as necessary to facilitate before the notice of foreclosure to occupy the AUDIT AUTHORITIES. oversight of the TARP until the termination premises until the end of the remaining term (a) BOARD OF GOVERNORS OF THE FEDERAL date established in section 5230 of this title. of the lease, except that a successor in inter- RESERVE SYSTEM.—Section 714 of title 31, ‘‘(C) ACCESS TO RECORDS.— est may terminate a lease effective on the United States Code, is amended— ‘‘(i) IN GENERAL.—Notwithstanding any date of sale of the unit to a purchaser who (1) in subsection (a), by striking ‘‘Federal other provision of law, and for purposes of will occupy the unit as a primary residence, Reserve Board,’’ and inserting ‘‘Board of reviewing the performance of the TARP, the subject to the receipt by the tenant of the 90 Governors of the Federal Reserve System (in Comptroller General shall have access, upon day notice under paragraph (1); or this section referred to as the ‘Board’),’’; and request, to any information, data, schedules, (B) without a lease or with a lease ter- (2) in subsection (b)— books, accounts, financial records, reports, minable at will under State law, subject to (A) in the matter preceding paragraph (1), files, electronic communications, or other the receipt by the tenant of the 90 day notice by striking ‘‘Federal Reserve Board,’’ and in- papers, things, or property belonging to or in under subsection (1), serting ‘‘Board’’; and use by the TARP, any entity established by except that nothing under this section shall (B) in paragraph (4), by striking ‘‘of Gov- the Secretary under this Act, any entity affect the requirements for termination of ernors’’. that is established by a Federal reserve bank any Federal- or State-subsidized tenancy or (b) CONFIDENTIAL INFORMATION.—Section and receives funding from the TARP, or any of any State or local law that provides 714(c) of title 31, United States Code, is entity (other than a governmental unit) par- longer time periods or other additional pro- amended by striking paragraph (3) and in- ticipating in a program established under tections for tenants. serting the following: the authority of this Act, and to the officers, (b) BONA FIDE LEASE OR TENANCY.—For ‘‘(3) Except as provided under paragraph employees, directors, independent public ac- purposes of this section, a lease or tenancy (4), an officer or employee of the Govern- countants, financial advisors and any and all shall be considered bona fide only if— ment Accountability Office may not disclose other agents and representatives thereof, at (1) the mortgagor ‘‘or the child, spouse, or to any person outside the Government Ac- such time as the Comptroller General may parent of the mortgagor’’ under the contract countability Office information obtained in request. is not the tenant; audits or examinations conducted under sub- ‘‘(ii) VERIFICATION.—The Comptroller Gen- (2) the lease or tenancy was the result of section (e) and maintained as confidential by eral shall be afforded full facilities for an arms-length transaction; and the Board or the Federal reserve banks. verifying transactions with the balances or (3) the lease or tenancy requires the re- ‘‘(4) This subsection shall not— securities held by, among others, deposi- ceipt of rent that is not substantially less ‘‘(A) authorize an officer or employee of an tories, fiscal agents, and custodians. than fair market rent for the property ‘‘or agency to withhold information from any ‘‘(iii) COPIES.—The Comptroller General the unit’s rent is reduced or subsidized due committee or subcommittee of jurisdiction may make and retain copies of such books, to a Federal, State, or local subsidy’’. of Congress, or any member of such com- accounts, and other records as the Comp- (c) DEFINITION.—For purposes of this sec- mittee or subcommittee; or troller General determines appropriate. tion, the term ‘‘federally-related mortgage ‘‘(B) limit any disclosure by the Govern- ‘‘(D) AGREEMENT BY ENTITIES.—Each con- loan’’ has the same meaning as in section 3 ment Accountability Office to any com- tract, term sheet, or other agreement be- of the Real Estate Settlement Procedures mittee or subcommittee of jurisdiction of tween the Secretary or the TARP (or any Act of 1974 (12 U.S.C. 2602). Congress, or any member of such committee TARP vehicle, officer, director, employee, SEC. 703. EFFECT OF FORECLOSURE ON SECTION or subcommittee.’’. independent public accountant, financial ad- 8 TENANCIES. (c) ACCESS TO RECORDS.—Section 714(d) of visor, or other TARP agent or representa- Section 8(o)(7) of the United States Hous- title 31, United States Code, is amended— tive) and an entity (other than a govern- ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is (1) in paragraph (1), by inserting ‘‘The mental unit) participating in a program es- amended— Comptroller General shall have access to the tablished under this Act shall provide for ac- (1) by inserting before the semicolon in officers, employees, contractors, and other cess by the Comptroller General in accord- subparagraph (C) the following: ‘‘and in the agents and representatives of an agency and ance with this section. case of an owner who is an immediate suc- any entity established by an agency at any ‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— cessor in interest pursuant to foreclosure reasonable time as the Comptroller General ‘‘(i) IN GENERAL.—The Comptroller General during the term of the lease vacating the may request. The Comptroller General may may not publicly disclose proprietary or property prior to sale shall not constitute make and retain copies of such books, ac- trade secret information obtained under this other good cause, except that the owner may counts, and other records as the Comptroller section. terminate the tenancy effective on the date General determines appropriate.’’ after the ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- of transfer of the unit to the owner if the first sentence; MITTEES.—This subparagraph does not limit owner— (2) in paragraph (2), by inserting ‘‘, copies disclosures to congressional committees or ‘‘(i) will occupy the unit as a primary resi- of any record,’’ after ‘‘records’’; and members thereof having jurisdiction over a dence; and (3) by adding at the end the following: private or public entity referred to under ‘‘(ii) has provided the tenant a notice to ‘‘(3)(A) For purposes of conducting audits subparagraph (C). vacate at least 90 days before the effective and examinations under subsection (e), the ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in date of such notice.’’; and Comptroller General shall have access, upon this section shall be construed to alter or (2) by inserting at the end of subparagraph request, to any information, data, schedules, amend the prohibitions against the disclo- (F) the following: ‘‘In the case of any fore- books, accounts, financial records, reports, sure of trade secrets or other information closure on any federally-related mortgage files, electronic communications, or other prohibited by section 1905 of title 18, United loan (as that term is defined in section 3 of papers, things or property belonging to or in States Code, section 714(c) of title 31, United the Real Estate Settlement Procedures Act use by— States Code, or other applicable provisions of 1974 (12 U.S.C. 2602)) or on any residential ‘‘(i) any entity established by any action of law.’’. real property in which a recipient of assist- taken by the Board described under sub- TITLE VII—PROTECTING TENANTS AT ance under this subsection resides, the im- section (e); FORECLOSURE ACT mediate successor in interest in such prop- ‘‘(ii) any entity receiving assistance from SEC. 701. SHORT TITLE. erty pursuant to the foreclosure shall as- any action taken by the Board described This title may be cited as the ‘‘Protecting sume such interest subject to the lease be- under subsection (e), to the extent that the Tenants at Foreclosure Act of 2009’’. tween the prior owner and the tenant and to access and request relates to that assistance; SEC. 702. EFFECT OF FORECLOSURE ON PRE- the housing assistance payments contract and EXISTING TENANCY. between the prior owner and the public hous- ‘‘(iii) the officers, directors, employees, (a) IN GENERAL.—In the case of any fore- ing agency for the occupied unit, except that independent public accountants, financial closure on a federally-related mortgage loan this provision and the provisions related to advisors and any and all representatives of or on any dwelling or residential real prop- foreclosure in subparagraph (C) shall not any entity described under clause (i) or (ii); erty after the date of enactment of this title, shall not affect any State or local law that to the extent that the access and request re- any immediate successor in interest in such provides longer time periods or other addi- lates to that assistance; property pursuant to the foreclosure shall tional protections for tenants.’’. ‘‘(B) The Comptroller General shall have assume such interest subject to— SEC. 704. SUNSET. access as provided under subparagraph (A) at (1) the provision, by such successor in in- This title, and any amendments made by such time as the Comptroller General may terest of a notice to vacate to any bona fide this title are repealed, and the requirements request.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12777 ‘‘(C) Each contract, term sheet, or other (2) homelessness affects all types of com- ‘‘(C) lacks the resources or support net- agreement between the Board or any Federal munities in the United States, including works needed to obtain other permanent reserve bank (or any entity established by rural, urban, and suburban areas. housing; and the Board or any Federal reserve bank) and (b) PURPOSES.—The purposes of this divi- ‘‘(6) unaccompanied youth and homeless an entity receiving assistance from any ac- sion are— families with children and youth defined as tion taken by the Board described under sub- (1) to consolidate the separate homeless as- homeless under other Federal statutes who— section (e) shall provide for access by the sistance programs carried out under title IV ‘‘(A) have experienced a long term period Comptroller General in accordance with this of the McKinney-Vento Homeless Assistance without living independently in permanent paragraph.’’. Act (consisting of the supportive housing housing, (d) AUDITS OF CERTAIN ACTIONS OF THE program and related innovative programs, ‘‘(B) have experienced persistent insta- BOARD OF GOVERNORS OF THE FEDERAL RE- the safe havens program, the section 8 assist- bility as measured by frequent moves over SERVE SYSTEM.—Section 714 of title 31, ance program for single-room occupancy such period, and United States Code, is amended by adding at dwellings, and the shelter plus care program) ‘‘(C) can be expected to continue in such the end the following: into a single program with specific eligible status for an extended period of time because ‘‘(e) Notwithstanding subsection (b), the activities; of chronic disabilities, chronic physical Comptroller General may conduct audits, in- (2) to codify in Federal law the continuum health or mental health conditions, sub- cluding onsite examinations when the Comp- of care planning process as a required and in- stance addiction, histories of domestic vio- troller General determines such audits and tegral local function necessary to generate lence or childhood abuse, the presence of a examinations are appropriate, of any action the local strategies for ending homelessness; child or youth with a disability, or multiple taken by the Board under the third undesig- and barriers to employment. nated paragraph of section 13 of the Federal (3) to establish a Federal goal of ensuring ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- Reserve Act (12 U.S.C. 343); with respect to a that individuals and families who become GEROUS OR LIFE-THREATENING CONDITIONS.— single and specific partnership or corpora- homeless return to permanent housing with- Notwithstanding any other provision of this tion.’’. in 30 days. section, the Secretary shall consider to be DIVISION B—HOMELESSNESS REFORM homeless any individual or family who is SEC. 1003. DEFINITION OF HOMELESSNESS. fleeing, or is attempting to flee, domestic vi- SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. (a) IN GENERAL.—Section 103 of the McKin- olence, dating violence, sexual assault, (a) SHORT TITLE.—This division may be stalking, or other dangerous or life-threat- cited as the ‘‘Homeless Emergency Assist- ney-Vento Homeless Assistance Act (42 ening conditions in the individual’s or fam- ance and Rapid Transition to Housing Act of U.S.C. 11302) is amended— (1) by redesignating subsections (b) and (c) ily’s current housing situation, including 2009’’. where the health and safety of children are (b) TABLE OF CONTENTS.—The table of con- as subsections (c) and (d); and jeopardized, and who have no other residence tents for this division is as follows: (2) by striking subsection (a) and inserting the following: and lack the resources or support networks DIVISION B—HOMELESSNESS REFORM to obtain other permanent housing.’’. ‘‘(a) IN GENERAL.—For purposes of this Act, Sec. 1001. Short title; table of contents. (b) REGULATIONS.—Not later than the expi- the terms ‘homeless’, ‘homeless individual’, Sec. 1002. Findings and purposes. ration of the 6-month period beginning upon and ‘homeless person’ means— Sec. 1003. Definition of homelessness. the date of the enactment of this division, ‘‘(1) an individual or family who lacks a Sec. 1004. United States Interagency Council the Secretary of Housing and Urban Develop- on Homelessness. fixed, regular, and adequate nighttime resi- ment shall issue regulations that provide dence; TITLE I—HOUSING ASSISTANCE sufficient guidance to recipients of funds ‘‘(2) an individual or family with a primary GENERAL PROVISIONS under title IV of the McKinney-Vento Home- nighttime residence that is a public or pri- less Assistance Act to allow uniform and Sec. 1101. Definitions. vate place not designed for or ordinarily used Sec. 1102. Community homeless assistance consistent implementation of the require- as a regular sleeping accommodation for ments of section 103 of such Act, as amended planning boards. human beings, including a car, park, aban- Sec. 1103. General provisions. by subsection (a) of this section. This sub- Sec. 1104. Protection of personally identi- doned building, bus or train station, airport, section shall take effect on the date of the fying information by victim or camping ground; enactment of this division. service providers. ‘‘(3) an individual or family living in a su- (c) CLARIFICATION OF EFFECT ON OTHER Sec. 1105. Authorization of appropriations. pervised publicly or privately operated shel- LAWS.—This section and the amendments ter designated to provide temporary living TITLE II—EMERGENCY SOLUTIONS made by this section to section 103 of the arrangements (including hotels and motels GRANTS PROGRAM McKinney-Vento Homeless Assistance Act paid for by Federal, State, or local govern- (42 U.S.C. 11302) may not be construed to af- Sec. 1201. Grant assistance. ment programs for low-income individuals or fect, alter, limit, annul, or supersede any Sec. 1202. Eligible activities. by charitable organizations, congregate shel- Sec. 1203. Participation in Homeless Man- other provision of Federal law providing a ters, and transitional housing); agement Information System. definition of ‘‘homeless’’, ‘‘homeless indi- ‘‘(4) an individual who resided in a shelter Sec. 1204. Administrative provision. vidual’’, or ‘‘homeless person’’ for purposes Sec. 1205. GAO study of administrative fees. or place not meant for human habitation and other than such Act, except to the extent who is exiting an institution where he or she that such provision refers to such section 103 TITLE III—CONTINUUM OF CARE temporarily resided; or the definition provided in such section 103. PROGRAM ‘‘(5) an individual or family who— SEC. 1004. UNITED STATES INTERAGENCY COUN- Sec. 1301. Continuum of care. ‘‘(A) will imminently lose their housing, CIL ON HOMELESSNESS. Sec. 1302. Eligible activities. including housing they own, rent, or live in (a) IN GENERAL.—Title II of the McKinney- Sec. 1303. High performing communities. without paying rent, are sharing with others, Vento Homeless Assistance Act (42 U.S.C. Sec. 1304. Program requirements. and rooms in hotels or motels not paid for by 11311 et seq.) is amended— Sec. 1305. Selection criteria, allocation Federal, State, or local government pro- (1) in section 201 (42 U.S.C. 11311), by insert- amounts, and funding. ing before the period at the end the following Sec. 1306. Research. grams for low-income individuals or by char- itable organizations, as evidenced by— ‘‘whose mission shall be to coordinate the TITLE IV—RURAL HOUSING STABILITY ‘‘(i) a court order resulting from an evic- Federal response to homelessness and to cre- ASSISTANCE PROGRAM tion action that notifies the individual or ate a national partnership at every level of Sec. 1401. Rural housing stability assistance. family that they must leave within 14 days; government and with the private sector to Sec. 1402. GAO study of homelessness and ‘‘(ii) the individual or family having a pri- reduce and end homelessness in the nation homeless assistance in rural mary nighttime residence that is a room in while maximizing the effectiveness of the areas. a hotel or motel and where they lack the re- Federal Government in contributing to the TITLE V—REPEALS AND CONFORMING sources necessary to reside there for more end of homelessness’’; AMENDMENTS than 14 days; or (2) in section 202 (42 U.S.C. 11312)— Sec. 1501. Repeals. ‘‘(iii) credible evidence indicating that the (A) in subsection (a)— Sec. 1502. Conforming amendments. owner or renter of the housing will not allow (i) by redesignating paragraph (16) as para- Sec. 1503. Effective date. the individual or family to stay for more graph (22); and Sec. 1504. Regulations. than 14 days, and any oral statement from an (ii) by inserting after paragraph (15) the Sec. 1505. Amendment to table of contents. individual or family seeking homeless assist- following: SEC. 1002. FINDINGS AND PURPOSES. ance that is found to be credible shall be con- ‘‘(16) The Commissioner of Social Security, (a) FINDINGS.—The Congress finds that— sidered credible evidence for purposes of this or the designee of the Commissioner. (1) a lack of affordable housing and limited clause; ‘‘(17) The Attorney General of the United scale of housing assistance programs are the ‘‘(B) has no subsequent residence identi- States, or the designee of the Attorney Gen- primary causes of homelessness; and fied; and eral.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12778 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(18) The Director of the Office of Manage- ting, resting, or lying in public spaces when TITLE I—HOUSING ASSISTANCE GENERAL ment and Budget, or the designee of the Di- there are no suitable alternatives, result in PROVISIONS rector. the destruction of a homeless person’s prop- SEC. 1101. DEFINITIONS. ‘‘(19) The Director of the Office of Faith- erty without due process, or are selectively Subtitle A of title IV of the McKinney- Based and Community Initiatives, or the enforced against homeless persons; and Vento Homeless Assistance Act (42 U.S.C. designee of the Director. ‘‘(13) not later than the expiration of the 6- 11361 et seq.) is amended— ‘‘(20) The Director of USA FreedomCorps, month period beginning upon completion of (1) by striking the subtitle heading and in- or the designee of the Director.’’; the study requested in a letter to the Acting serting the following: (B) in subsection (c), by striking ‘‘annu- Comptroller General from the Chair and ally’’ and inserting ‘‘four times each year, Ranking Member of the House Financial ‘‘Subtitle A—General Provisions’’; and the rotation of the positions of Chair- Services Committee and several other mem- (2) by redesignating sections 401 and 402 (42 person and Vice Chairperson required under bers regarding various definitions of home- U.S.C. 11361, 11362) as sections 403 and 406, re- subsection (b) shall occur at the first meet- lessness in Federal statutes, convene a meet- spectively; and ing of each year’’; and ing of representatives of all Federal agencies (3) by inserting before section 403 (as so re- (C) by adding at the end the following: and committees of the House of Representa- designated by paragraph (2) of this section) ‘‘(e) ADMINISTRATION.—The Executive Di- tives and the Senate having jurisdiction over the following new section: rector of the Council shall report to the any Federal program to assist homeless indi- ‘‘SEC. 401. DEFINITIONS. Chairman of the Council.’’; viduals or families, local and State govern- ‘‘For purposes of this title: (3) in section 203(a) (42 U.S.C. 11313(a))— ments, academic researchers who specialize ‘‘(1) AT RISK OF HOMELESSNESS.—The term (A) by redesignating paragraphs (1), (2), (3), in homelessness, nonprofit housing and serv- ‘at risk of homelessness’ means, with respect (4), (5), (6), and (7) as paragraphs (2), (3), (4), ice providers that receive funding under any to an individual or family, that the indi- (5), (9), (10), and (11), respectively; Federal program to assist homeless individ- vidual or family— (B) by inserting before paragraph (2), as so uals or families, organizations advocating on ‘‘(A) has income below 30 percent of me- redesignated by subparagraph (A), the fol- behalf of such nonprofit providers and home- dian income for the geographic area; lowing: less persons receiving housing or services ‘‘(B) has insufficient resources imme- ‘‘(1) not later than 12 months after the date under any such Federal program, and home- diately available to attain housing stability; of the enactment of the Homeless Emergency less persons receiving housing or services and Assistance and Rapid Transition to Housing under any such Federal program, at which ‘‘(C)(i) has moved frequently because of Act of 2009, develop, make available for pub- meeting such representatives shall discuss economic reasons; lic comment, and submit to the President all issues relevant to whether the definitions ‘‘(ii) is living in the home of another be- and to Congress a National Strategic Plan to of ‘homeless’ under paragraphs (1) through cause of economic hardship; End Homelessness, and shall update such (4) of section 103(a) of the McKinney-Vento ‘‘(iii) has been notified that their right to plan annually;’’; Homeless Assistance Act, as amended by sec- occupy their current housing or living situa- (C) in paragraph (5), as redesignated by tion 1003 of the Homeless Emergency Assist- tion will be terminated; subparagraph (A), by striking ‘‘at least 2, but ance and Rapid Transition to Housing Act of ‘‘(iv) lives in a hotel or motel; in no case more than 5’’ and inserting ‘‘not 2009, should be modified by the Congress, in- ‘‘(v) lives in severely overcrowded housing; less than 5, but in no case more than 10’’; cluding whether there is a compelling need ‘‘(vi) is exiting an institution; or (D) by inserting after paragraph (5), as so for a uniform definition of homelessness ‘‘(vii) otherwise lives in housing that has redesignated by subparagraph (A), the fol- under Federal law, the extent to which the characteristics associated with instability lowing: differences in such definitions create bar- and an increased risk of homelessness. ‘‘(6) encourage the creation of State Inter- riers for individuals to accessing services Such term includes all families with children agency Councils on Homelessness and the and to collaboration between agencies, and and youth defined as homeless under other formulation of jurisdictional 10-year plans to the relative availability, and barriers to ac- Federal statutes. end homelessness at State, city, and county cess by persons defined as homeless, of main- ‘‘(2) CHRONICALLY HOMELESS.— levels; stream programs identified by the Govern- ‘‘(A) IN GENERAL.—The term ‘chronically ‘‘(7) annually obtain from Federal agencies ment Accountability Office in the two re- homeless’ means, with respect to an indi- their identification of consumer-oriented en- ports identified in paragraph (7) of this sub- vidual or family, that the individual or fam- titlement and other resources for which per- section; and shall submit transcripts of such ily— sons experiencing homelessness may be eligi- meeting, and any majority and dissenting ‘‘(i) is homeless and lives or resides in a ble and the agencies’ identification of im- recommendations from such meetings, to place not meant for human habitation, a safe provements to ensure access; develop mecha- each committee of the House of Representa- haven, or in an emergency shelter; nisms to ensure access by persons experi- tives and the Senate having jurisdiction over ‘‘(ii) has been homeless and living or resid- encing homelessness to all Federal, State, any Federal program to assist homeless indi- ing in a place not meant for human habi- and local programs for which the persons are viduals or families not later than the expira- tation, a safe haven, or in an emergency eligible, and to verify collaboration among tion of the 60-day period beginning upon con- shelter continuously for at least 1 year or on entities within a community that receive clusion of such meeting.’’. at least 4 separate occasions in the last 3 Federal funding under programs targeted for (4) in section 203(b)(1) (42 U.S.C. 11313(b))— years; and persons experiencing homelessness, and (A) by striking ‘‘Federal’’ and inserting ‘‘(iii) has an adult head of household (or a other programs for which persons experi- ‘‘national’’; minor head of household if no adult is encing homelessness are eligible, including (B) by striking ‘‘; and’’ and inserting ‘‘and present in the household) with a diagnosable mainstream programs identified by the Gov- pay for expenses of attendance at meetings substance use disorder, serious mental ill- ernment Accountability Office in the reports which are concerned with the functions or ness, developmental disability (as defined in entitled ‘Homelessness: Coordination and activities for which the appropriation is section 102 of the Developmental Disabilities Evaluation of Programs Are Essential’, made;’’; Assistance and Bill of Rights Act of 2000 (42 issued February 26, 1999, and ‘Homelessness: (5) in section 205(d) (42 U.S.C. 11315(d)), by U.S.C. 15002)), post traumatic stress disorder, Barriers to Using Mainstream Programs’, striking ‘‘property.’’ and inserting ‘‘prop- cognitive impairments resulting from a issued July 6, 2000; erty, both real and personal, public and pri- brain injury, or chronic physical illness or ‘‘(8) conduct research and evaluation re- vate, without fiscal year limitation, for the disability, including the co-occurrence of 2 lated to its functions as defined in this sec- purpose of aiding or facilitating the work of or more of those conditions. tion; the Council.’’; and ‘‘(B) RULE OF CONSTRUCTION.—A person who ‘‘(9) develop joint Federal agency and other (6) by striking section 208 (42 U.S.C. 11318) currently lives or resides in an institutional initiatives to fulfill the goals of the agen- and inserting the following: care facility, including a jail, substance cy;’’; abuse or mental health treatment facility, ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. (E) in paragraph (10), as so redesignated by hospital or other similar facility, and has re- subparagraph (A), by striking ‘‘and’’ at the ‘‘There are authorized to be appropriated sided there for fewer than 90 days shall be end; to carry out this title $3,000,000 for fiscal considered chronically homeless if such per- (F) in paragraph (11), as so redesignated by year 2010 and such sums as may be necessary son met all of the requirements described in subparagraph (A), by striking the period at for fiscal years 2011. Any amounts appro- subparagraph (A) prior to entering that facil- the end and inserting a semicolon; priated to carry out this title shall remain ity. (G) by adding at the end the following new available until expended.’’. ‘‘(3) COLLABORATIVE APPLICANT.—The term paragraphs: (b) EFFECTIVE DATE.—The amendments ‘collaborative applicant’ means an entity ‘‘(12) develop constructive alternatives to made by subsection (a) shall take effect on, that— criminalizing homelessness and laws and and shall apply beginning on, the date of the ‘‘(A) carries out the duties specified in sec- policies that prohibit sleeping, feeding, sit- enactment of this division. tion 402;

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‘‘(B) serves as the applicant for project ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; ‘‘(20) PROJECT SPONSOR.—The term ‘project sponsors who jointly submit a single applica- NONENTITLEMENT AREA.—The terms ‘metro- sponsor’ means, with respect to proposed eli- tion for a grant under subtitle C in accord- politan city’, ‘urban county’, and ‘non- gible activities, the organization directly re- ance with a collaborative process; and entitlement area’ have the meanings given sponsible for carrying out the proposed eligi- ‘‘(C) if the entity is a legal entity and is such terms in section 102(a) of the Housing ble activities. awarded such grant, receives such grant di- and Community Development Act of 1974 (42 ‘‘(21) RECIPIENT.—Except as used in sub- rectly from the Secretary. U.S.C. 5302(a)). title B, the term ‘recipient’ means an eligi- ‘‘(4) COLLABORATIVE APPLICATION.—The ‘‘(12) NEW.—The term ‘new’ means, with re- ble entity who— term ‘collaborative application’ means an spect to housing, that no assistance has been ‘‘(A) submits an application for a grant application for a grant under subtitle C provided under this title for the housing. under section 422 that is approved by the that— ‘‘(13) OPERATING COSTS.—The term ‘oper- Secretary; ‘‘(A) satisfies section 422; and ating costs’ means expenses incurred by a ‘‘(B) receives the grant directly from the ‘‘(B) is submitted to the Secretary by a project sponsor operating transitional hous- Secretary to support approved projects de- collaborative applicant. ing or permanent housing under this title scribed in the application; and ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- with respect to— ‘‘(C)(i) serves as a project sponsor for the solidated Plan’ means a comprehensive hous- ‘‘(A) the administration, maintenance, re- projects; or ing affordability strategy and community pair, and security of such housing; ‘‘(ii) awards the funds to project sponsors development plan required in part 91 of title ‘‘(B) utilities, fuel, furnishings, and equip- to carry out the projects. ment for such housing; or 24, Code of Federal Regulations. ‘‘(22) SECRETARY.—The term ‘Secretary’ ‘‘(C) coordination of services as needed to ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible means the Secretary of Housing and Urban ensure long-term housing stability. entity’ means, with respect to a subtitle, a Development. ‘‘(14) OUTPATIENT HEALTH SERVICES.—The public entity, a private entity, or an entity ‘‘(23) SERIOUS MENTAL ILLNESS.—The term term ‘outpatient health services’ means out- that is a combination of public and private ‘serious mental illness’ means a severe and patient health care services, mental health entities, that is eligible to directly receive persistent mental illness or emotional im- grant amounts under such subtitle. services, and outpatient substance abuse services. pairment that seriously limits a person’s ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- ability to live independently. FINED AS HOMELESS UNDER OTHER FEDERAL ‘‘(15) PERMANENT HOUSING.—The term ‘per- manent housing’ means community-based ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- STATUTES.—The term ‘families with children plicant’ means an entity that is an eligible and youth defined as homeless under other housing without a designated length of stay, and includes both permanent supportive entity, directly submits an application for a Federal statutes’ means any children or grant under subtitle C to the Secretary, and, youth that are defined as ‘homeless’ under housing and permanent housing without sup- portive services. if awarded such grant, receives such grant any Federal statute other than this subtitle, directly from the Secretary. but are not defined as homeless under sec- ‘‘(16) PERSONALLY IDENTIFYING INFORMA- TION.—The term ‘personally identifying in- ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- tion 103, and shall also include the parent, based’ means, with respect to rental assist- parents, or guardian of such children or formation’ means individually identifying information for or about an individual, in- ance, that the assistance is provided pursu- youth under subtitle B of title VII this Act cluding information likely to disclose the lo- ant to a contract that— (42 U.S.C. 11431 et seq.). cation of a victim of domestic violence, dat- ‘‘(A) is between— ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ing violence, sexual assault, or stalking, in- ‘‘(i) the recipient or a project sponsor; and graphic area’ means a State, metropolitan cluding— ‘‘(ii) an independent entity that— city, urban county, town, village, or other ‘‘(A) a first and last name; ‘‘(I) is a private organization; and nonentitlement area, or a combination or ‘‘(B) a home or other physical address; ‘‘(II) owns or leases dwelling units; and consortia of such, in the United States, as ‘‘(C) contact information (including a post- ‘‘(B) provides that rental assistance pay- described in section 106 of the Housing and al, e-mail or Internet protocol address, or ments shall be made to the independent enti- Community Development Act of 1974 (42 telephone or facsimile number); ty and that eligible persons shall occupy U.S.C. 5306). ‘‘(D) a social security number; and such assisted units. ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- ‘‘(E) any other information, including date ‘‘(26) STATE.—Except as used in subtitle B, ABILITY.— of birth, racial or ethnic background, or reli- the term ‘State’ means each of the several ‘‘(A) IN GENERAL.—The term ‘homeless in- gious affiliation, that, in combination with States, the District of Columbia, the Com- dividual with a disability’ means an indi- any other non-personally identifying infor- vidual who is homeless, as defined in section monwealth of Puerto Rico, the United States mation, would serve to identify any indi- Virgin Islands, Guam, American Samoa, the 103, and has a disability that— vidual. ‘‘(i)(I) is expected to be long-continuing or Commonwealth of the Northern Mariana Is- ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— lands, the Trust Territory of the Pacific Is- of indefinite duration; The term ‘private nonprofit organization’ ‘‘(II) substantially impedes the individual’s lands, and any other territory or possession means an organization— of the United States. ability to live independently; ‘‘(A) no part of the net earnings of which ‘‘(III) could be improved by the provision of ‘‘(27) SUPPORTIVE SERVICES.—The term inures to the benefit of any member, found- ‘supportive services’ means services that ad- more suitable housing conditions; and er, contributor, or individual; ‘‘(IV) is a physical, mental, or emotional dress the special needs of people served by a ‘‘(B) that has a voluntary board; project, including— impairment, including an impairment caused ‘‘(C) that has an accounting system, or has ‘‘(A) the establishment and operation of a by alcohol or drug abuse, post traumatic designated a fiscal agent in accordance with child care services program for families ex- stress disorder, or brain injury; requirements established by the Secretary; periencing homelessness; ‘‘(ii) is a developmental disability, as de- and ‘‘(B) the establishment and operation of an fined in section 102 of the Developmental ‘‘(D) that practices nondiscrimination in Disabilities Assistance and Bill of Rights Act the provision of assistance. employment assistance program, including providing job training; of 2000 (42 U.S.C. 15002); or ‘‘(18) PROJECT.—The term ‘project’ means, ‘‘(iii) is the disease of acquired immuno- with respect to activities carried out under ‘‘(C) the provision of outpatient health deficiency syndrome or any condition arising subtitle C, eligible activities described in services, food, and case management; from the etiologic agency for acquired im- section 423(a), undertaken pursuant to a spe- ‘‘(D) the provision of assistance in obtain- munodeficiency syndrome. cific endeavor, such as serving a particular ing permanent housing, employment coun- ‘‘(B) RULE.—Nothing in clause (iii) of sub- population or providing a particular re- seling, and nutritional counseling; paragraph (A) shall be construed to limit eli- source. ‘‘(E) the provision of outreach services, ad- gibility under clause (i) or (ii) of subpara- ‘‘(19) PROJECT-BASED.—The term ‘project- vocacy, life skills training, and housing graph (A). based’ means, with respect to rental assist- search and counseling services; ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ance, that the assistance is provided pursu- ‘‘(F) the provision of mental health serv- ty’ means— ant to a contract that— ices, trauma counseling, and victim services; ‘‘(A) an entity described in section 501(c)(3) ‘‘(A) is between— ‘‘(G) the provision of assistance in obtain- of the Internal Revenue Code of 1986 (26 ‘‘(i) the recipient or a project sponsor; and ing other Federal, State, and local assistance U.S.C. 501(c)(3)) and exempt from tax under ‘‘(ii) an owner of a structure that exists as available for residents of supportive housing section 501(a) of such Code; of the date the contract is entered into; and (including mental health benefits, employ- ‘‘(B) an instrumentality of State or local ‘‘(B) provides that rental assistance pay- ment counseling, and medical assistance, but government; or ments shall be made to the owner and that not including major medical equipment); ‘‘(C) a consortium of instrumentalities of the units in the structure shall be occupied ‘‘(H) the provision of legal services for pur- State or local governments that has con- by eligible persons for not less than the term poses including requesting reconsiderations stituted itself as an entity. of the contract. and appeals of veterans and public benefit

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12780 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 claim denials and resolving outstanding war- section 401 (as added by section 1101(3) of this ‘‘(iii) access to HMIS data by staff, con- rants that interfere with an individual’s abil- division) the following new section: tractors, law enforcement, and academic re- ity to obtain and retain housing; ‘‘SEC. 402. COLLABORATIVE APPLICANTS. searchers; ‘‘(I) the provision of— ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A ‘‘(iv) rights of persons receiving services ‘‘(i) transportation services that facilitate collaborative applicant shall be established under this title; an individual’s ability to obtain and main- for a geographic area by the relevant parties ‘‘(v) criminal and civil penalties for unlaw- tain employment; and in that geographic area to— ful disclosure of data; and ‘‘(ii) health care; and ‘‘(1) submit an application for amounts ‘‘(vi) such other standards as may be deter- ‘‘(J) other supportive services necessary to under this subtitle; and mined necessary by the Secretary. obtain and maintain housing. ‘‘(2) perform the duties specified in sub- ‘‘(g) UNIFIED FUNDING.— ‘‘(28) TENANT-BASED.—The term ‘tenant- section (f) and, if applicable, subsection (g). ‘‘(1) IN GENERAL.—In addition to the duties based’ means, with respect to rental assist- ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- described in subsection (f), a collaborative ance, assistance that— TY.—An entity may be established to serve applicant shall receive from the Secretary ‘‘(A) allows an eligible person to select a as a collaborative applicant under this sec- and distribute to other project sponsors in housing unit in which such person will live tion without being a legal entity. the applicable geographic area funds for using rental assistance provided under sub- ‘‘(c) REMEDIAL ACTION.—If the Secretary projects to be carried out by such other title C, except that if necessary to assure finds that a collaborative applicant for a ge- project sponsors, if— that the provision of supportive services to a ographic area does not meet the require- ‘‘(A) the collaborative applicant— person participating in a program is feasible, ments of this section, or if there is no col- ‘‘(i) applies to undertake such collection a recipient or project sponsor may require laborative applicant for a geographic area, and distribution responsibilities in an appli- the Secretary may take remedial action to that the person live— cation submitted under this subtitle; and ensure fair distribution of grant amounts ‘‘(i) in a particular structure or unit for ‘‘(ii) is selected to perform such respon- under subtitle C to eligible entities within not more than the first year of the participa- sibilities by the Secretary; or that area. Such measures may include desig- tion; ‘‘(B) the Secretary designates the collabo- nating another body as a collaborative appli- rative applicant as the unified funding agen- ‘‘(ii) within a particular geographic area cant, or permitting other eligible entities to for the full period of the participation, or the cy in the geographic area, after— apply directly for grants. ‘‘(i) a finding by the Secretary that the ap- period remaining after the period referred to ‘‘(d) CONSTRUCTION.—Nothing in this sec- plicant— in subparagraph (A); and tion shall be construed to displace conflict of ‘‘(I) has the capacity to perform such re- ‘‘(B) provides that a person may receive interest or government fair practices laws, sponsibilities; and such assistance and move to another struc- or their equivalent, that govern applicants ‘‘(II) would serve the purposes of this Act ture, unit, or geographic area if the person for grant amounts under subtitles B and C. has complied with all other obligations of ‘‘(e) APPOINTMENT OF AGENT.— as they apply to the geographic area; and the program and has moved out of the as- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(ii) the Secretary provides the collabo- sisted dwelling unit in order to protect the a collaborative applicant may designate an rative applicant with the technical assist- health or safety of an individual who is or agent to— ance necessary to perform such responsibil- has been the victim of domestic violence, ‘‘(A) apply for a grant under section 422(c); ities as such assistance is agreed to by the dating violence, sexual assault, or stalking, ‘‘(B) receive and distribute grant funds collaborative applicant. and who reasonably believed he or she was awarded under subtitle C; and ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- imminently threatened by harm from fur- ‘‘(C) perform other administrative duties. ING AGENCY.—A collaborative applicant that ther violence if he or she remained in the as- ‘‘(2) RETENTION OF DUTIES.—Any collabo- is either selected or designated as a unified sisted dwelling unit. rative applicant that designates an agent funding agency for a geographic area under ‘‘(29) TRANSITIONAL HOUSING.—The term pursuant to paragraph (1) shall regardless of paragraph (1) shall— ‘transitional housing’ means housing the such designation retain all of its duties and ‘‘(A) require each project sponsor who is purpose of which is to facilitate the move- responsibilities under this title. funded by a grant received under subtitle C ment of individuals and families experi- ‘‘(f) DUTIES.—A collaborative applicant to establish such fiscal control and fund ac- encing homelessness to permanent housing shall— counting procedures as may be necessary to within 24 months or such longer period as ‘‘(1) design a collaborative process for the assure the proper disbursal of, and account- the Secretary determines necessary. development of an application under subtitle ing for, Federal funds awarded to the project ‘‘(30) UNIFIED FUNDING AGENCY.—The term C, and for evaluating the outcomes of sponsor under subtitle C in order to ensure ‘unified funding agency’ means a collabo- projects for which funds are awarded under that all financial transactions carried out rative applicant that performs the duties de- subtitle B, in such a manner as to provide in- under subtitle C are conducted, and records scribed in section 402(g). formation necessary for the Secretary— maintained, in accordance with generally ac- ‘‘(31) UNDERSERVED POPULATIONS.—The ‘‘(A) to determine compliance with— cepted accounting principles; and term ‘underserved populations’ includes pop- ‘‘(i) the program requirements under sec- ‘‘(B) arrange for an annual survey, audit, ulations underserved because of geographic tion 426; and or evaluation of the financial records of each location, underserved racial and ethnic popu- ‘‘(ii) the selection criteria described under project carried out by a project sponsor fund- lations, populations underserved because of section 427; and ed by a grant received under subtitle C. special needs (such as language barriers, dis- ‘‘(B) to establish priorities for funding ‘‘(h) CONFLICT OF INTEREST.—No board abilities, alienage status, or age), and any projects in the geographic area involved; member of a collaborative applicant may other population determined to be under- ‘‘(2) participate in the Consolidated Plan participate in decisions of the collaborative served by the Secretary, as appropriate. for the geographic area served by the col- applicant concerning the award of a grant, or provision of other financial benefits, to such ‘‘(32) VICTIM SERVICE PROVIDER.—The term laborative applicant; and member or the organization that such mem- ‘victim service provider’ means a private ‘‘(3) ensure operation of, and consistent ber represents.’’. nonprofit organization whose primary mis- participation by, project sponsors in a com- sion is to provide services to victims of do- munity-wide homeless management informa- SEC. 1103. GENERAL PROVISIONS. Subtitle A of the McKinney-Vento Home- mestic violence, dating violence, sexual as- tion system (in this subsection referred to as less Assistance Act (42 U.S.C. 11361 et seq.) is sault, or stalking. Such term includes rape ‘HMIS’) that— amended by inserting after section 403 (as so crisis centers, battered women’s shelters, do- ‘‘(A) collects unduplicated counts of indi- redesignated by section 1101(2) of this divi- mestic violence transitional housing pro- viduals and families experiencing homeless- sion) the following new sections: grams, and other programs. ness; ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY ICTIM SERVICES ‘‘(33) V .—The term ‘victim ‘‘(B) analyzes patterns of use of assistance SEPARATION. services’ means services that assist domestic provided under subtitles B and C for the geo- ‘‘(a) IN GENERAL.—After the expiration of violence, dating violence, sexual assault, or graphic area involved; the 2-year period that begins upon the date stalking victims, including services offered ‘‘(C) provides information to project spon- of the enactment of the Homeless Emergency by rape crisis centers and domestic violence sors and applicants for needs analyses and Assistance and Rapid Transition to Housing shelters, and other organizations, with a doc- funding priorities; and Act of 2009, and except as provided in sub- umented history of effective work con- ‘‘(D) is developed in accordance with stand- section (b), any project sponsor receiving cerning domestic violence, dating violence, ards established by the Secretary, including funds under this title to provide emergency sexual assault, or stalking.’’. standards that provide for— shelter, transitional housing, or permanent SEC. 1102. COMMUNITY HOMELESS ASSISTANCE ‘‘(i) encryption of data collected for pur- housing to families with children under age PLANNING BOARDS. poses of HMIS; 18 shall not deny admission to any family Subtitle A of title IV of the McKinney- ‘‘(ii) documentation, including keeping an based on the age of any child under age 18. Vento Homeless Assistance Act (42 U.S.C. accurate accounting, proper usage, and dis- ‘‘(b) EXCEPTION.—Notwithstanding the re- 11361 et seq.) is amended by inserting after closure, of HMIS data; quirement under subsection (a), project

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12781 sponsors of transitional housing receiving (1) by striking the subtitle heading and in- uals or families at risk of homelessness. funds under this title may target transi- serting the following: Such rental assistance may include tenant- tional housing resources to families with ‘‘Subtitle B—Emergency Solutions Grants based or project-based rental assistance. children of a specific age only if the project Program’’; ‘‘(5) Housing relocation or stabilization sponsor— services for homeless individuals or families (2) by striking section 417 (42 U.S.C. 11377); ‘‘(1) operates a transitional housing pro- or individuals or families at risk of home- (3) by redesignating sections 413 through gram that has a primary purpose of imple- lessness, including housing search, medi- 416 (42 U.S.C. 11373–6) as sections 414 through menting an evidence-based practice that re- ation or outreach to property owners, legal 417, respectively; and quires that housing units be targeted to fam- services, credit repair, providing security or (4) by striking section 412 (42 U.S.C. 11372) ilies with children in a specific age group; utility deposits, utility payments, rental as- and inserting the following: and sistance for a final month at a location, as- ‘‘(2) provides such assurances, as the Sec- ‘‘SEC. 412. GRANT ASSISTANCE. sistance with moving costs, or other activi- retary shall require, that an equivalent ap- ‘‘The Secretary shall make grants to ties that are effective at— propriate alternative living arrangement for States and local governments (and to private ‘‘(A) stabilizing individuals and families in the whole family or household unit has been nonprofit organizations providing assistance their current housing; or secured. to persons experiencing homelessness or at ‘‘(B) quickly moving such individuals and risk of homelessness, in the case of grants ‘‘SEC. 405. TECHNICAL ASSISTANCE. families to other permanent housing. made with reallocated amounts) for the pur- ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY pose of carrying out activities described in make available technical assistance to pri- SHELTER ACTIVITIES.—A grantee of assist- section 415. vate nonprofit organizations and other non- ance provided under section 412 for any fiscal governmental entities, States, metropolitan ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- year may not use an amount of such assist- ANCE. cities, urban counties, and counties that are ance for activities described in paragraphs ‘‘(a) IN GENERAL.—Of the amount made not urban counties, to implement effective (1) through (3) of subsection (a) that exceeds available to carry out this subtitle and sub- planning processes for preventing and ending the greater of— title C for a fiscal year, the Secretary shall homelessness, to improve their capacity to ‘‘(1) 60 percent of the aggregate amount of allocate nationally 20 percent of such prepare collaborative applications, to pre- such assistance provided for the grantee for amount for activities described in section vent the separation of families in emergency such fiscal year; or 415. The Secretary shall be required to cer- shelter or other housing programs, and to ‘‘(2) the amount expended by such grantee tify that such allocation will not adversely adopt and provide best practices in housing for such activities during fiscal year most re- affect the renewal of existing projects under and services for persons experiencing home- cently completed before the effective date this subtitle and subtitle C for those individ- less. under section 1503 of the Homeless Emer- uals or families who are homeless. ‘‘(b) RESERVATION.—The Secretary shall re- gency Assistance and Rapid Transition to ‘‘(b) ALLOCATION.—An entity that receives serve not more than 1 percent of the funds Housing Act of 2009.’’. a grant under section 412, and serves an area made available for any fiscal year for car- SEC. 1203. PARTICIPATION IN HOMELESS MAN- that includes 1 or more geographic areas (or rying out subtitles B and C, to provide tech- AGEMENT INFORMATION SYSTEM. portions of such areas) served by collabo- nical assistance under subsection (a).’’. Section 416 of the McKinney-Vento Home- rative applicants that submit applications less Assistance Act (42 U.S.C. 11375), as so re- SEC. 1104. PROTECTION OF PERSONALLY IDENTI- under subtitle C, shall allocate the funds FYING INFORMATION BY VICTIM designated by section 1201(3) of this division, SERVICE PROVIDERS. made available through the grant to carry is amended by adding at the end the fol- out activities described in section 415, in Subtitle A of the McKinney-Vento Home- lowing new subsection: consultation with the collaborative appli- less Assistance Act (42 U.S.C. 11361 et seq.), ‘‘(f) PARTICIPATION IN HMIS.—The Sec- cants.’’; and as amended by the preceding provisions of retary shall ensure that recipients of funds (5) in section 414(b) (42 U.S.C. 11373(b)), as this title, is further amended by adding at under this subtitle ensure the consistent par- so redesignated by paragraph (3) of this sec- the end the following new section: ticipation by emergency shelters and home- tion, by striking ‘‘amounts appropriated’’ lessness prevention and rehousing programs ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTI- and all that follows through ‘‘for any’’ and FYING INFORMATION BY VICTIM in any applicable community-wide homeless SERVICE PROVIDERS. inserting ‘‘amounts appropriated under sec- management information system.’’. ‘‘In the course of awarding grants or imple- tion 408 and made available to carry out this SEC. 1204. ADMINISTRATIVE PROVISION. menting programs under this title, the Sec- subtitle for any’’. Section 418 of the McKinney-Vento Home- retary shall instruct any victim service pro- SEC. 1202. ELIGIBLE ACTIVITIES. less Assistance Act (42 U.S.C. 11378) is vider that is a recipient or subgrantee not to The McKinney-Vento Homeless Assistance amended by striking ‘‘5 percent’’ and insert- disclose for purposes of the Homeless Man- Act is amended by striking section 415 (42 ing ‘‘7.5 percent’’. agement Information System any personally U.S.C. 11374), as so redesignated by section SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES. identifying information about any client. 1201(3) of this division, and inserting the fol- Not later than the expiration of the 12- The Secretary may, after public notice and lowing new section: month period beginning on the date of the comment, require or ask such recipients and ‘‘SEC. 415. ELIGIBLE ACTIVITIES. enactment of this division, the Comptroller subgrantees to disclose for purposes of the ‘‘(a) IN GENERAL.—Assistance provided General of the United States shall— Homeless Management Information System under section 412 may be used for the fol- (1) conduct a study to examine the appro- non-personally identifying information that lowing activities: priate administrative costs for admin- has been de-identified, encrypted, or other- ‘‘(1) The renovation, major rehabilitation, istering the program authorized under sub- wise encoded. Nothing in this section shall or conversion of buildings to be used as title B of title IV of the McKinney-Vento be construed to supersede any provision of emergency shelters. Homeless Assistance Act (42 U.S.C. 11371 et any Federal, State, or local law that pro- ‘‘(2) The provision of essential services re- seq.); and vides greater protection than this subsection lated to emergency shelter or street out- (2) submit to Congress a report on the find- for victims of domestic violence, dating vio- reach, including services concerned with em- ings of the study required under paragraph lence, sexual assault, or stalking.’’. ployment, health, education, family support (1). SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. services for homeless youth, substance abuse TITLE III—CONTINUUM OF CARE Subtitle A of the McKinney-Vento Home- services, victim services, or mental health PROGRAM services, if— less Assistance Act (42 U.S.C. 11361 et seq.), SEC. 1301. CONTINUUM OF CARE. as amended by the preceding provisions of ‘‘(A) such essential services have not been The McKinney-Vento Homeless Assistance this title, is further amended by adding at provided by the local government during any Act is amended— the end the following new section: part of the immediately preceding 12-month (1) by striking the subtitle heading for sub- period or the Secretary determines that the ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. title C of title IV (42 U.S.C. 11381 et seq.) and local government is in a severe financial def- ‘‘There are authorized to be appropriated inserting the following: icit; or to carry out this title $2,200,000,000 for fiscal ‘‘(B) the use of assistance under this sub- ‘‘Subtitle C—Continuum of Care Program’’; year 2010 and such sums as may be necessary title would complement the provision of and for fiscal year 2011.’’. those essential services. (2) by striking sections 421 and 422 (42 TITLE II—EMERGENCY SOLUTIONS ‘‘(3) Maintenance, operation, insurance, U.S.C. 11381 and 11382) and inserting the fol- GRANTS PROGRAM provision of utilities, and provision of fur- lowing new sections: SEC. 1201. GRANT ASSISTANCE. nishings related to emergency shelter. ‘‘SEC. 421. PURPOSES. Subtitle B of title IV of the McKinney- ‘‘(4) Provision of rental assistance to pro- ‘‘The purposes of this subtitle are— Vento Homeless Assistance Act (42 U.S.C. vide short-term or medium-term housing to ‘‘(1) to promote community-wide commit- 11371 et seq.) is amended— homeless individuals or families or individ- ment to the goal of ending homelessness;

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12782 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(2) to provide funding for efforts by non- all requirements for the obligation of those amounts awarded or denied under this sub- profit providers and State and local govern- funds, including site control, matching title pursuant to a collaborative application ments to quickly rehouse homeless individ- funds, and environmental review require- or solo application for funding. uals and families while minimizing the trau- ments. ‘‘(2) PROCESS.—The Secretary shall ensure ma and dislocation caused to individuals, ‘‘(C) EXTENSIONS.—At the discretion of the that the procedure permits appeals sub- families, and communities by homelessness; Secretary, and in compelling circumstances, mitted by entities carrying out homeless ‘‘(3) to promote access to, and effective uti- the Secretary may extend the date by which housing and services projects (including lization of, mainstream programs described a recipient or project sponsor shall meet the emergency shelters and homelessness pre- in section 203(a)(7) and programs funded with requirements described in subparagraphs (A) vention programs), and all other applicants State or local resources; and and (B) if the Secretary determines that under this subtitle. ‘‘(4) to optimize self-sufficiency among in- compliance with the requirements was de- ‘‘(i) SOLO APPLICANTS.—A solo applicant dividuals and families experiencing home- layed due to factors beyond the reasonable may submit an application to the Secretary lessness. control of the recipient or project sponsor. for a grant under subsection (a) and be awarded such grant on the same basis as ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS Such factors may include difficulties in ob- AND GRANTS. taining site control for a proposed project, such grants are awarded to other applicants based on the criteria described in section 427, ‘‘(a) PROJECTS.—The Secretary shall award completing the process of obtaining secure grants, on a competitive basis, and using the financing for the project, obtaining approv- but only if the Secretary determines that the solo applicant has attempted to partici- selection criteria described in section 427, to als from State or local governments, or com- pate in the continuum of care process but carry out eligible activities under this sub- pleting the technical submission require- was not permitted to participate in a reason- title for projects that meet the program re- ments for the project. able manner. The Secretary may award such ‘‘(2) OBLIGATION.—Not later than 45 days quirements under section 426, either by di- grants directly to such applicants in a man- after a recipient or project sponsor meets the rectly awarding funds to project sponsors or ner determined to be appropriate by the Sec- requirements described in paragraph (1), the by awarding funds to unified funding agen- retary. cies. Secretary shall obligate the funds for the ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- ‘‘(b) NOTIFICATION OF FUNDING AVAIL- grant involved. FINED AS HOMELESS UNDER OTHER FEDERAL ABILITY.—The Secretary shall release a noti- ‘‘(3) DISTRIBUTION.—A recipient that re- LAWS.— fication of funding availability for grants ceives funds through such a grant— ‘‘(1) IN GENERAL.—A collaborative appli- awarded under this subtitle for a fiscal year ‘‘(A) shall distribute the funds to project cant may use not more than 10 percent of not later than 3 months after the date of the sponsors (in advance of expenditures by the funds awarded under this subtitle (con- enactment of the appropriate Act making project sponsors); and tinuum of care funding) for any of the types appropriations for the Department of Hous- ‘‘(B) shall distribute the appropriate por- of eligible activities specified in paragraphs ing and Urban Development for such fiscal tion of the funds to a project sponsor not (1) through (7) of section 423(a) to serve fami- year. later than 45 days after receiving a request lies with children and youth defined as ‘‘(c) APPLICATIONS.— for such distribution from the project spon- homeless under other Federal statutes, or ‘‘(1) SUBMISSION TO THE SECRETARY.—To be sor. homeless families with children and youth eligible to receive a grant under subsection ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- defined as homeless under section 103(a)(6), (a), a project sponsor or unified funding retary may establish a date by which funds but only if the applicant demonstrates that agency in a geographic area shall submit an made available through a grant announced the use of such funds is of an equal or greater application to the Secretary at such time under subsection (c)(2) for a homeless assist- priority or is equally or more cost effective and in such manner as the Secretary may re- ance project shall be entirely expended by in meeting the overall goals and objectives quire, and containing such information as the recipient or project sponsors involved. of the plan submitted under section the Secretary determines necessary— The date established under this paragraph 427(b)(1)(B), especially with respect to chil- ‘‘(A) to determine compliance with the pro- shall not occur before the expiration of the dren and unaccompanied youth. gram requirements and selection criteria 24-month period beginning on the date that ‘‘(2) LIMITATIONS.—The 10 percent limita- under this subtitle; and funds are obligated for activities described tion under paragraph (1) shall not apply to ‘‘(B) to establish priorities for funding under paragraphs (1) or (2) of section 423(a). collaborative applicants in which the rate of projects in the geographic area. The Secretary shall recapture the funds not homelessness, as calculated in the most re- ‘‘(2) ANNOUNCEMENT OF AWARDS.— expended by such date. The Secretary shall cent point in time count, is less than one- ‘‘(A) IN GENERAL.—Except as provided in reallocate the funds for another homeless as- tenth of 1 percent of total population. subparagraph (B), the Secretary shall an- sistance and prevention project that meets ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— nounce, within 5 months after the last date the requirements of this subtitle to be car- ‘‘(A) IN GENERAL.—Notwithstanding section for the submission of applications described ried out, if possible and appropriate, in the 103(a) and subject to subparagraph (B), funds in this subsection for a fiscal year, the same geographic area as the area served awarded under this subtitle may be used for grants conditionally awarded under sub- through the original grant. eligible activities to serve unaccompanied section (a) for that fiscal year. ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL youth and homeless families and children de- ‘‘(B) TRANSITION.—For a period of up to 2 APPLICANTS.—The Secretary may renew fined as homeless under section 103(a)(6) only years beginning after the effective date funding for a specific project previously pursuant to paragraph (1) of this subsection under section 1503 of the Homeless Emer- funded under this subtitle that the Secretary and such families and children shall not oth- gency Assistance and Rapid Transition to determines meets the purposes of this sub- erwise be considered as homeless for pur- Housing Act of 2009, the Secretary shall an- title, and was included as part of a total ap- poses of this subtitle. nounce, within 6 months after the last date plication that met the criteria of subsection ‘‘(B) AT RISK OF HOMELESSNESS.—Subpara- for the submission of applications described (c), even if the application was not selected graph (A) may not be construed to prevent in this subsection for a fiscal year, the to receive grant assistance. The Secretary any unaccompanied youth and homeless fam- grants conditionally awarded under sub- may renew the funding for a period of not ilies and children defined as homeless under section (a) for that fiscal year. more than 1 year, and under such conditions section 103(a)(6) from qualifying for, and ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- as the Secretary determines to be appro- being treated for purposes of this subtitle as, ZATION OF FUNDS.— priate. at risk of homelessness or from eligibility ‘‘(1) REQUIREMENTS FOR OBLIGATION.— ‘‘(f) CONSIDERATIONS IN DETERMINING RE- for any projects, activities, or services car- ‘‘(A) IN GENERAL.—Not later than 9 months NEWAL FUNDING.—When providing renewal ried out using amounts provided under this after the announcement referred to in sub- funding for leasing, operating costs, or rent- subtitle for which individuals or families section (c)(2), each recipient or project spon- al assistance for permanent housing, the that are at risk of homelessness are eligi- sor shall meet all requirements for the obli- Secretary shall make adjustments propor- ble.’’. gation of those funds, including site control, tional to increases in the fair market rents SEC. 1302. ELIGIBLE ACTIVITIES. matching funds, and environmental review in the geographic area. The McKinney-Vento Homeless Assistance requirements, except as provided in subpara- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- Act is amended by striking section 423 (42 graphs (B) and (C). GRAPHIC AREA.—If more than 1 collaborative U.S.C. 11383) and inserting the following new ‘‘(B) ACQUISITION, REHABILITATION, OR CON- applicant applies for funds for a geographic section: STRUCTION.—Not later than 24 months after area, the Secretary shall award funds to the ‘‘SEC. 423. ELIGIBLE ACTIVITIES. the announcement referred to in subsection collaborative applicant with the highest ‘‘(a) IN GENERAL.—Grants awarded under (c)(2), each recipient or project sponsor seek- score based on the selection criteria set forth section 422 to qualified applicants shall be ing the obligation of funds for acquisition of in section 427. used to carry out projects that serve home- housing, rehabilitation of housing, or con- ‘‘(h) APPEALS.— less individuals or families that consist of struction of new housing for a grant an- ‘‘(1) IN GENERAL.—The Secretary shall es- one or more of the following eligible activi- nounced under subsection (c)(2) shall meet tablish a timely appeal procedure for grant ties:

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12783 ‘‘(1) Construction of new housing units to ‘‘(12) Payment of administrative costs to ‘‘(C) project-based rental assistance or op- provide transitional or permanent housing. project sponsors, for which each project erating cost assistance from any Federal ‘‘(2) Acquisition or rehabilitation of a sponsor may use not more than 10 percent of program or an equivalent State or local pro- structure to provide transitional or perma- the total funds made available to that gram is no longer made available and the nent housing, other than emergency shelter, project sponsor through this subtitle for project is meeting applicable performance or to provide supportive services. such costs. standards, provided that the portion of the ‘‘(3) Leasing of property, or portions of ‘‘(b) MINIMUM GRANT TERMS.—The Sec- project that had benefitted from such assist- property, not owned by the recipient or retary may impose minimum grant terms of ance continues to meet the tenant income project sponsor involved, for use in providing up to 5 years for new projects providing per- and rent restrictions for low-income units transitional or permanent housing, or pro- manent housing. under section 42(g) of the Internal Revenue viding supportive services. ‘‘(c) USE RESTRICTIONS.— Code of 1986; or ‘‘(4) Provision of rental assistance to pro- ‘‘(1) ACQUISITION, REHABILITATION, AND NEW ‘‘(D) there are no individuals and families vide transitional or permanent housing to el- CONSTRUCTION.—A project that consists of ac- in the geographic area who are homeless, in igible persons. The rental assistance may in- tivities described in paragraph (1) or (2) of which case the project may serve individuals clude tenant-based, project-based, or spon- subsection (a) shall be operated for the pur- and families at risk of homelessness. sor-based rental assistance. Project-based pose specified in the application submitted ‘‘(e) STAFF TRAINING.—The Secretary may rental assistance, sponsor-based rental as- for the project under section 422 for not less allow reasonable costs associated with staff sistance, and operating cost assistance con- than 15 years. training to be included as part of the activi- tracts carried out by project sponsors receiv- ‘‘(2) OTHER ACTIVITIES.—A project that con- ties described in subsection (a). ing grants under this section may, at the dis- sists of activities described in any of para- ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— cretion of the applicant and the project spon- graphs (3) through (12) of subsection (a) shall Any project that receives assistance under sor, have an initial term of 15 years, with as- be operated for the purpose specified in the subsection (a) and that provides project- sistance for the first 5 years paid with funds application submitted for the project under based or sponsor-based permanent housing authorized for appropriation under this Act, section 422 for the duration of the grant pe- for homeless individuals or families with a and assistance for the remainder of the term riod involved. disability, including projects that meet the treated as a renewal of an expiring contract ‘‘(3) CONVERSION.—If the recipient or requirements of subsection (a) and sub- as provided in section 429. Project-based project sponsor carrying out a project that section (d)(2)(A) of section 428 may also serve rental assistance may include rental assist- provides transitional or permanent housing individuals who had previously met the re- ance to preserve existing permanent sup- submits a request to the Secretary to carry quirements for such project prior to moving portive housing for homeless individuals and out instead a project for the direct benefit of into a different permanent housing project. families. low-income persons, and the Secretary deter- ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- ‘‘(5) Payment of operating costs for hous- mines that the initial project is no longer ANCE.—Provision of permanent housing rent- ing units assisted under this subtitle or for needed to provide transitional or permanent al assistance shall be administered by a the preservation of housing that will serve housing, the Secretary may approve the State, unit of general local government, or homeless individuals and families and for project described in the request and author- public housing agency.’’. which another form of assistance is expiring ize the recipient or project sponsor to carry SEC. 1303. HIGH PERFORMING COMMUNITIES. or otherwise no longer available. out that project. ‘‘(6) Supportive services for individuals and ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- The McKinney-Vento Homeless Assistance families who are currently homeless, who VENTION OF UNDUE BENEFITS.— Act is amended by striking section 424 (42 have been homeless in the prior six months ‘‘(1) REPAYMENT.—If a recipient or project U.S.C. 11384) and inserting the following: but are currently residing in permanent sponsor receives assistance under section 422 ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING housing, or who were previously homeless to carry out a project that consists of activi- COMMUNITIES. and are currently residing in permanent sup- ties described in paragraph (1) or (2) of sub- ‘‘(a) DESIGNATION AS A HIGH-PERFORMING portive housing. section (a) and the project ceases to provide COMMUNITY.— ‘‘(7) Provision of rehousing services, in- transitional or permanent housing— ‘‘(1) IN GENERAL.—The Secretary shall des- cluding housing search, mediation or out- ‘‘(A) earlier than 10 years after operation ignate, on an annual basis, which collabo- reach to property owners, credit repair, pro- of the project begins, the Secretary shall re- rative applicants represent high-performing viding security or utility deposits, rental as- quire the recipient or project sponsor to communities. sistance for a final month at a location, as- repay 100 percent of the assistance; or ‘‘(2) CONSIDERATION.—In determining sistance with moving costs, or other activi- ‘‘(B) not earlier than 10 years, but earlier whether to designate a collaborative appli- ties that— than 15 years, after operation of the project cant as a high-performing community under ‘‘(A) are effective at moving homeless indi- begins, the Secretary shall require the re- paragraph (1), the Secretary shall establish viduals and families immediately into hous- cipient or project sponsor to repay 20 percent criteria to ensure that the requirements de- ing; or of the assistance for each of the years in the scribed under paragraphs (1)(B) and (2)(B) of ‘‘(B) may benefit individuals and families 15-year period for which the project fails to subsection (d) are measured by comparing who in the prior 6 months have been home- provide that housing. homeless individuals and families under less, but are currently residing in permanent ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- similar circumstances, in order to encourage housing. cept as provided in paragraph (3), if any projects in the geographic area to serve ‘‘(8) In the case of a collaborative applicant property is used for a project that receives homeless individuals and families with more that is a legal entity, performance of the du- assistance under subsection (a) and consists severe barriers to housing stability. ties described under section 402(f)(3). of activities described in paragraph (1) or (2) ‘‘(3) 2-YEAR PHASE IN.—In each of the first ‘‘(9) Operation of, participation in, and en- of subsection (a), and the sale or other dis- 2 years after the effective date under section suring consistent participation by project position of the property occurs before the ex- 1503 of the Homeless Emergency Assistance sponsors in, a community-wide homeless piration of the 15-year period beginning on and Rapid Transition to Housing Act of 2009, management information system. the date that operation of the project begins, the Secretary shall designate not more than ‘‘(10) In the case of a collaborative appli- the recipient or project sponsor who received 10 collaborative applicants as high-per- cant that is a legal entity, payment of ad- the assistance shall comply with such terms forming communities. ministrative costs related to meeting the re- and conditions as the Secretary may pre- ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, quirements described in paragraphs (1) and scribe to prevent the recipient or project during the 2-year period described under (2) of section 402(f), for which the collabo- sponsor from unduly benefitting from such paragraph (2), more than 10 collaborative ap- rative applicant may use not more than 3 sale or disposition. plicants could qualify to be designated as percent of the total funds made available in ‘‘(3) EXCEPTION.—A recipient or project high-performing communities, the Secretary the geographic area under this subtitle for sponsor shall not be required to make the re- shall designate the 10 that have, in the dis- such costs. payments, and comply with the terms and cretion of the Secretary, the best perform- ‘‘(11) In the case of a collaborative appli- conditions, required under paragraph (1) or ance based on the criteria described under cant that is a unified funding agency under (2) if— subsection (d). section 402(g), payment of administrative ‘‘(A) the sale or disposition of the property ‘‘(5) TIME LIMIT ON DESIGNATION.—The des- costs related to meeting the requirements of used for the project results in the use of the ignation of any collaborative applicant as a that section, for which the unified funding property for the direct benefit of very low-in- high-performing community under this sub- agency may use not more than 3 percent of come persons; section shall be effective only for the year in the total funds made available in the geo- ‘‘(B) all of the proceeds of the sale or dis- which such designation is made. The Sec- graphic area under this subtitle for such position are used to provide transitional or retary, on an annual basis, may renew any costs, in addition to funds used under para- permanent housing meeting the require- such designation. graph (10). ments of this subtitle; ‘‘(b) APPLICATION.—

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‘‘(1) IN GENERAL.—A collaborative appli- ercising the authority under section 422(j) to Disabilities Education Act, and programs au- cant seeking designation as a high-per- serve homeless families with children and thorized under subtitle B of title VII of this forming community under subsection (a) youth defined as homeless under other Fed- Act(42 U.S.C. 11431 et seq.); and shall submit an application to the Secretary eral statutes, effectiveness in achieving the ‘‘(E) they will provide data and reports as at such time, and in such manner as the Sec- goals and outcomes identified in subsection required by the Secretary pursuant to the retary may require. 427(b)(1)(F) according to such standards as Act; ‘‘(2) CONTENT OF APPLICATION.—In any ap- the Secretary shall promulgate. ‘‘(5) if a collaborative applicant is a unified plication submitted under paragraph (1), a ‘‘(e) COOPERATION AMONG ENTITIES.—A col- funding agency under section 402(g) and re- collaborative applicant shall include in such laborative applicant designated as a high- ceives funds under subtitle C to carry out application— performing community under this section the payment of administrative costs de- ‘‘(A) a report showing how any money re- shall cooperate with the Secretary in distrib- scribed in section 423(a)(11), to establish such ceived under this subtitle in the preceding uting information about successful efforts fiscal control and fund accounting proce- year was expended; and within the geographic area represented by dures as may be necessary to assure the ‘‘(B) information that such applicant can the collaborative applicant to reduce home- proper disbursal of, and accounting for, such meet the requirements described under sub- lessness.’’. funds in order to ensure that all financial section (d). SEC. 1304. PROGRAM REQUIREMENTS. transactions carried out with such funds are ‘‘(3) PUBLICATION OF APPLICATION.—The Section 426 of the McKinney-Vento Home- conducted, and records maintained, in ac- Secretary shall— less Assistance Act (42 U.S.C. 11386) is cordance with generally accepted accounting ‘‘(A) publish any report or information amended— principles; submitted in an application under this sec- (1) by striking subsections (a), (b), and (c) ‘‘(6) to monitor and report to the Secretary tion in the geographic area represented by and inserting the following: the provision of matching funds as required the collaborative applicant; and ‘‘(a) SITE CONTROL.—The Secretary shall by section 430; ‘‘(B) seek comments from the public as to require that each application include reason- ‘‘(7) to take the educational needs of chil- whether the collaborative applicant seeking able assurances that the applicant will own dren into account when families are placed designation as a high-performing community or have control of a site for the proposed in emergency or transitional shelter and meets the requirements described under sub- project not later than the expiration of the will, to the maximum extent practicable, section (d). 12-month period beginning upon notification place families with children as close as pos- ‘‘(c) USE OF FUNDS.—Funds awarded under of an award for grant assistance, unless the sible to their school of origin so as not to section 422(a) to a project sponsor who is lo- application proposes providing supportive disrupt such children’s education; and cated in a high-performing community may housing assistance under section 423(a)(3) or ‘‘(8) to comply with such other terms and be used— housing that will eventually be owned or conditions as the Secretary may establish to ‘‘(1) for any of the eligible activities de- controlled by the families and individuals carry out this subtitle in an effective and ef- scribed in section 423; or served. An applicant may obtain ownership ficient manner.’’; ‘‘(2) for any of the eligible activities de- or control of a suitable site different from (2) by redesignating subsection (d) as sub- scribed in paragraphs (4) and (5) of section the site specified in the application. If any section (c); 415(a). recipient or project sponsor fails to obtain (3) in the first sentence of subsection (c) ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- ownership or control of the site within 12 (as so redesignated by paragraph (2) of this MUNITY.—For purposes of this section, the months after notification of an award for subsection), by striking ‘‘recipient’’ and in- term ‘high-performing community’ means a grant assistance, the grant shall be recap- serting ‘‘recipient or project sponsor’’; geographic area that demonstrates through tured and reallocated under this subtitle. (4) by striking subsection (e); reliable data that all five of the following re- ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (5) by redesignating subsections (f), (g), and quirements are met for that geographic area: retary may not provide assistance for a pro- (h), as subsections (d), (e), and (f), respec- ‘‘(1) TERM OF HOMELESSNESS.—The mean posed project under this subtitle unless the tively; length of episodes of homelessness for that collaborative applicant involved agrees— (6) in the first sentence of subsection (e) geographic area— ‘‘(1) to ensure the operation of the project (as so redesignated by paragraph (5) of this ‘‘(A) is less than 20 days; or in accordance with the provisions of this section), by striking ‘‘recipient’’ each place ‘‘(B) for individuals and families in similar subtitle; it appears and inserting ‘‘recipient or project circumstances in the preceding year was at ‘‘(2) to monitor and report to the Secretary sponsor’’; least 10 percent less than in the year before. the progress of the project; (7) by striking subsection (i); and ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of ‘‘(3) to ensure, to the maximum extent (8) by redesignating subsection (j) as sub- individuals and families— practicable, that individuals and families ex- section (g). ‘‘(A) who leave homelessness, fewer than 5 periencing homelessness are involved, SEC. 1305. SELECTION CRITERIA, ALLOCATION percent of such individuals and families be- through employment, provision of volunteer AMOUNTS, AND FUNDING. come homeless again at any time within the services, or otherwise, in constructing, reha- The McKinney-Vento Homeless Assistance next 2 years; or bilitating, maintaining, and operating facili- Act is amended— ‘‘(B) in similar circumstances who leave ties for the project and in providing sup- (1) by repealing section 429 (42 U.S.C. homelessness, the percentage of such indi- portive services for the project; 11389); and viduals and families who become homeless ‘‘(4) to require certification from all (2) by redesignating sections 427 and 428 (42 again within the next 2 years has decreased project sponsors that— U.S.C. 11387, 11388) as sections 432 and 433, re- by at least 20 percent from the preceding ‘‘(A) they will maintain the confidentiality spectively; and year. of records pertaining to any individual or (3) by inserting after section 426 the fol- ‘‘(3) COMMUNITY ACTION.—The communities family provided family violence prevention lowing new sections: that compose the geographic area have— or treatment services through the project; ‘‘SEC. 427. SELECTION CRITERIA. ‘‘(A) actively encouraged homeless individ- ‘‘(B) that the address or location of any ‘‘(a) IN GENERAL.—The Secretary shall uals and families to participate in homeless family violence shelter project assisted award funds to recipients through a national assistance services available in that geo- under this subtitle will not be made public, competition between geographic areas based graphic area; and except with written authorization of the per- on criteria established by the Secretary. ‘‘(B) included each homeless individual or son responsible for the operation of such ‘‘(b) REQUIRED CRITERIA.— family who sought homeless assistance serv- project; ‘‘(1) IN GENERAL.—The criteria established ices in the data system used by that commu- ‘‘(C) they will establish policies and prac- under subsection (a) shall include— nity for determining compliance with this tices that are consistent with, and do not re- ‘‘(A) the previous performance of the re- subsection. strict the exercise of rights provided by, sub- cipient regarding homelessness, including ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- title B of title VII, and other laws relating to performance related to funds provided under TIES.—If recipients in the geographic area the provision of educational and related section 412 (except that recipients applying have used funding awarded under section services to individuals and families experi- from geographic areas where no funds have 422(a) for eligible activities described under encing homelessness; been awarded under this subtitle, or under section 415(a) in previous years based on the ‘‘(D) in the case of programs that provide subtitles C, D, E, or F of title IV of this Act, authority granted under subsection (c), that housing or services to families, they will des- as in effect prior to the date of the enact- such activities were effective at reducing the ignate a staff person to be responsible for en- ment of the Homeless Emergency Assistance number of individuals and families who be- suring that children being served in the pro- and Rapid Transition to Housing Act of 2009, came homeless in that community. gram are enrolled in school and connected to shall receive full credit for performance ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED appropriate services in the community, in- under this subparagraph), measured by cri- AS HOMELESS UNDER OTHER FEDERAL LAWS.— cluding early childhood programs such as teria that shall be announced by the Sec- With respect to collaborative applicants ex- Head Start, part C of the Individuals with retary, that shall take into account barriers

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ALLOCATION OF AMOUNTS AND INCEN- ‘‘(vii) other accomplishments by the recipi- homeless families with children and youth TIVES FOR SPECIFIC ELIGIBLE AC- ent related to reducing homelessness; and defined as homeless under other Federal TIVITIES. ‘‘(viii) for collaborative applicants that statutes, program goals and outcomes, which ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT have exercised the authority under section shall include— HOUSING FOR HOMELESS INDIVIDUALS AND 422(j) to serve families with children and ‘‘(i) preventing homelessness among the FAMILIES WITH DISABILITIES.— youth defined as homeless under other Fed- subset of such families with children and ‘‘(1) IN GENERAL.—From the amounts made eral statutes, success in achieving the goals youth who are at highest risk of becoming available to carry out this subtitle for a fis- and outcomes identified in section homeless, as such term is defined for pur- cal year, a portion equal to not less than 30 427(b)(1)(F); poses of this title; or percent of the sums made available to carry ‘‘(B) the plan of the recipient, which shall ‘‘(ii) achieving independent living in per- out subtitle B and this subtitle, shall be used describe— manent housing among such families with for permanent housing for homeless individ- ‘‘(i) how the number of individuals and children and youth, especially those who uals with disabilities and homeless families families who become homeless will be re- have a history of doubled-up and other tem- that include such an individual who is an duced in the community; porary housing situations or are living in a adult or a minor head of household if no ‘‘(ii) how the length of time that individ- temporary housing situation due to lack of adult is present in the household. uals and families remain homeless will be re- available and appropriate emergency shelter, ‘‘(2) CALCULATION.—In calculating the por- duced; through the provision of eligible assistance tion of the amount described in paragraph (1) ‘‘(iii) how the recipient will collaborate that directly contributes to achieving such that is used for activities that are described with local education authorities to assist in results including assistance to address in paragraph (1), the Secretary shall not the identification of individuals and families chronic disabilities, chronic physical health count funds made available to renew con- who become or remain homeless and are in- or mental health conditions, substance ad- tracts for existing projects under section 429. formed of their eligibility for services under diction, histories of domestic violence or ‘‘(3) ADJUSTMENT.—The 30 percent figure in subtitle B of title VII of this Act (42 U.S.C. childhood abuse, or multiple barriers to em- paragraph (1) shall be reduced proportion- 11431 et seq.); ployment; and ately based on need under section 427(b)(2) in ‘‘(iv) the extent to which the recipient ‘‘(G) such other factors as the Secretary geographic areas for which subsection (e) ap- will— determines to be appropriate to carry out plies in regard to subsection (d)(2)(A). ‘‘(I) address the needs of all relevant sub- this subtitle in an effective and efficient ‘‘(4) SUSPENSION.—The requirement estab- populations; manner. lished in paragraph (1) shall be suspended for ‘‘(II) incorporate comprehensive strategies ‘‘(2) ADDITIONAL CRITERIA.—In addition to any year in which funding available for for reducing homelessness, including the the criteria required under paragraph (1), the grants under this subtitle after making the interventions referred to in section 428(d); criteria established under paragraph (1) shall allocation established in paragraph (1) would ‘‘(III) set quantifiable performance meas- also include the need within the geographic not be sufficient to renew for 1 year all exist- ures; area for homeless services, determined as ing grants that would otherwise be fully ‘‘(IV) set timelines for completion of spe- follows and under the following conditions: funded under this subtitle. cific tasks; ‘‘(A) NOTICE.—The Secretary shall inform ‘‘(5) TERMINATION.—The requirement estab- ‘‘(V) identify specific funding sources for each collaborative applicant, at a time con- lished in paragraph (1) shall terminate upon planned activities; and current with the release of the notice of a finding by the Secretary that since the be- ‘‘(VI) identify an individual or body re- funding availability for the grants, of the pro ginning of 2001 at least 150,000 new units of sponsible for overseeing implementation of rata estimated grant amount under this sub- permanent housing for homeless individuals specific strategies; and title for the geographic area represented by and families with disabilities have been ‘‘(v) whether the recipient proposes to ex- the collaborative applicant. funded under this subtitle. ercise authority to use funds under section ‘‘(B) AMOUNT.— ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING 422(j), and if so, how the recipient will ‘‘(i) FORMULA.—Such estimated grant FOR HOMELESS FAMILIES WITH CHILDREN.— achieve the goals and outcomes identified in amounts shall be determined by a formula, From the amounts made available to carry section 427(b)(1)(F); which shall be developed by the Secretary, out this subtitle for a fiscal year, a portion ‘‘(C) the methodology of the recipient used by regulation, not later than the expiration equal to not less than 10 percent of the sums to determine the priority for funding local of the 2-year period beginning upon the date made available to carry out subtitle B and projects under section 422(c)(1), including the of the enactment of the Homeless Emergency this subtitle for that fiscal year shall be used extent to which the priority-setting proc- Assistance and Rapid Transition to Housing to provide or secure permanent housing for ess— Act of 2009, that is based upon factors that homeless families with children. ‘‘(i) uses periodically collected information are appropriate to allocate funds to meet the ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- and analysis to determine the extent to goals and objectives of this subtitle. NENT OR TRANSITIONAL HOUSING.—Nothing in which each project has resulted in rapid re- ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a this Act may be construed to establish a turn to permanent housing for those served collaborative applicant that represents a limit on the amount of funding that an ap- by the project, taking into account the se- combination or consortium of cities or coun- plicant may request under this subtitle for verity of barriers faced by the people the ties, the estimated need amount shall be the acquisition, construction, or rehabilitation project serves; sum of the estimated need amounts for the activities for the development of permanent ‘‘(ii) considers the full range of opinions cities or counties represented by the collabo- housing or transitional housing. from individuals or entities with knowledge rative applicant. ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— of homelessness in the geographic area or an ‘‘(iii) AUTHORITY OF SECRETARY.—Subject ‘‘(1) IN GENERAL.—The Secretary shall pro- interest in preventing or ending homeless- to the availability of appropriations, the vide bonuses or other incentives to geo- ness in the geographic area; Secretary shall increase the estimated need graphic areas for using funding under this ‘‘(iii) is based on objective criteria that amount for a geographic area if necessary to subtitle for activities that have been proven have been publicly announced by the recipi- provide 1 year of renewal funding for all ex- to be effective at reducing homelessness gen- ent; and piring contracts entered into under this sub- erally, reducing homelessness for a specific ‘‘(iv) is open to proposals from entities title for the geographic area. subpopulation, or achieving homeless pre- that have not previously received funds ‘‘(3) HOMELESSNESS COUNTS.—The Secretary vention and independent living goals as set under this subtitle; shall not require that communities conduct forth in section 427(b)(1)(F).

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‘‘(2) RULE OF CONSTRUCTION.—For purposes ‘‘(2) the project complies with program re- ‘‘Subtitle G—Rural Housing Stability of this subsection, activities that have been quirements and appropriate standards of Assistance Program’’; and proven to be effective at reducing homeless- housing quality and habitability, as deter- (2) in section 491— ness generally or reducing homelessness for mined by the Secretary. (A) by striking the section heading and in- a specific subpopulation includes— ‘‘(c) CONSTRUCTION.—Nothing in this sec- serting ‘‘RURAL HOUSING STABILITY ‘‘(A) permanent supportive housing for tion shall be construed as prohibiting the GRANT PROGRAM.’’; chronically homeless individuals and fami- Secretary from renewing contracts under (B) in subsection (a)— lies; this subtitle in accordance with criteria set (i) by striking ‘‘rural homelessness grant ‘‘(B) for homeless families, rapid rehousing forth in a provision of this subtitle other program’’ and inserting ‘‘rural housing sta- services, short-term flexible subsidies to than this section. bility grant program’’; overcome barriers to rehousing, support ‘‘SEC. 430. MATCHING FUNDING. (ii) by inserting ‘‘in lieu of grants under services concentrating on improving incomes ‘‘(a) IN GENERAL.—A collaborative appli- subtitle C’’ after ‘‘eligible organizations’’; to pay rent, coupled with performance meas- cant in a geographic area in which funds are and ures emphasizing rapid and permanent re- awarded under this subtitle shall specify (iii) by striking paragraphs (1), (2), and (3), housing and with leveraging funding from contributions from any source other than a and inserting the following: mainstream family service systems such as grant awarded under this subtitle, including ‘‘(1) rehousing or improving the housing Temporary Assistance for Needy Families renewal funding of projects assisted under situations of individuals and families who and Child Welfare services; and subtitles C, D, and F of this title as in effect are homeless or in the worst housing situa- ‘‘(C) any other activity determined by the before the effective date under section 1503 of tions in the geographic area; Secretary, based on research and after notice the Homeless Emergency Assistance and ‘‘(2) stabilizing the housing of individuals and comment to the public, to have been Rapid Transition to Housing Act of 2009, that and families who are in imminent danger of proven effective at reducing homelessness shall be made available in the geographic losing housing; and generally, reducing homelessness for a spe- area in an amount equal to not less than 25 ‘‘(3) improving the ability of the lowest-in- cific subpopulation, or achieving homeless percent of the funds provided to recipients in come residents of the community to afford prevention and independent living goals as the geographic area, except that grants for stable housing.’’; set forth in section 427(b)(1)(F). leasing shall not be subject to any match re- (C) in subsection (b)(1)— ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN quirement. (i) by redesignating subparagraphs (E), (F), STRATEGIES.—To the extent practicable, in IMITATIONS ON IN-KIND MATCH.—The ‘‘(b) L and (G) as subparagraphs (I), (J), and (K), re- providing bonuses or incentives for proven cash value of services provided to the resi- spectively; and strategies, the Secretary shall seek to main- dents or clients of a project sponsor by an (ii) by striking subparagraph (D) and in- tain a balance among strategies targeting entity other than the project sponsor may serting the following: homeless individuals, families, and other count toward the contributions in subsection ‘‘(D) construction of new housing units to subpopulations. The Secretary shall not im- (a) only when documented by a memorandum provide transitional or permanent housing to plement bonuses or incentives that specifi- of understanding between the project spon- homeless individuals and families and indi- cally discourage collaborative applicants sor and the other entity that such services viduals and families at risk of homelessness; from exercising their flexibility to serve will be provided. ‘‘(E) acquisition or rehabilitation of a families with children and youth defined as ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- homeless under other Federal statutes. tions required under subsection (a) may con- structure to provide supportive services or to ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- sist of— provide transitional or permanent housing, TATION OF PROVEN STRATEGIES.—If any geo- ‘‘(1) funding for any eligible activity de- other than emergency shelter, to homeless graphic area demonstrates that it has fully scribed under section 423; and individuals and families and individuals and implemented any of the activities described ‘‘(2) subject to subsection (b), in-kind pro- families at risk of homelessness; in subsection (d) for all homeless individuals vision of services of any eligible activity de- ‘‘(F) leasing of property, or portions of and families or for all members of subpopula- scribed under section 423. property, not owned by the recipient or tions for whom such activities are targeted, project sponsor involved, for use in providing ‘‘SEC. 431. APPEAL PROCEDURE. that geographic area shall receive the bonus transitional or permanent housing to home- ‘‘(a) IN GENERAL.—With respect to funding or incentive provided under subsection (d), less individuals and families and individuals under this subtitle, if certification of con- but may use such bonus or incentive for any and families at risk of homelessness, or pro- sistency with the consolidated plan pursuant eligible activity under either section 423 or viding supportive services to such homeless to section 403 is withheld from an applicant paragraphs (4) and (5) of section 415(a) for and at-risk individuals and families; who has submitted an application for that homeless people generally or for the relevant ‘‘(G) provision of rental assistance to pro- certification, such applicant may appeal subpopulation. vide transitional or permanent housing to such decision to the Secretary. ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- homeless individuals and families and indi- ‘‘(b) PROCEDURE.—The Secretary shall es- SISTANCE FOR PERMANENT HOUS- viduals and families at risk of homelessness, ING. tablish a procedure to process the appeals de- such rental assistance may include tenant- ‘‘(a) IN GENERAL.—Renewal of expiring con- scribed in subsection (a). based or project-based rental assistance; tracts for leasing, rental assistance, or oper- ‘‘(c) DETERMINATION.—Not later than 45 ating costs for permanent housing contracts days after the date of receipt of an appeal de- ‘‘(H) payment of operating costs for hous- may be funded either— scribed in subsection (a), the Secretary shall ing units assisted under this title;’’; ‘‘(1) under the appropriations account for determine if certification was unreasonably (D) in subsection (b)(2), by striking ‘‘appro- this title; or withheld. If such certification was unreason- priated’’ and inserting ‘‘transferred’’; ‘‘(2) the section 8 project-based rental as- ably withheld, the Secretary shall review (E) in subsection (c)— sistance account. such application and determine if such appli- (i) in paragraph (1)(A), by striking ‘‘appro- ‘‘(b) RENEWALS.—The sums made available cant shall receive funding under this sub- priated’’ and inserting ‘‘transferred’’; and under subsection (a) shall be available for title.’’. (ii) in paragraph (3), by striking ‘‘appro- priated’’ and inserting ‘‘transferred’’; the renewal of contracts in the case of ten- SEC. 1306. RESEARCH. (F) in subsection (d)— ant-based assistance, successive 1-year There is authorized to be appropriated (i) in paragraph (5), by striking ‘‘; and’’ and terms, and in the case of project-based as- $8,000,000, for each of fiscal years 2010 and inserting a semicolon; sistance, successive terms of up to 15 years 2011, for research into the efficacy of inter- (ii) in paragraph (6)— at the discretion of the applicant or project ventions for homeless families, to be ex- (I) by striking ‘‘an agreement’’ and all that sponsor and subject to the availability of an- pended by the Secretary of Housing and follows through ‘‘families’’ and inserting the nual appropriations, for rental assistance Urban Development over the 2 years at 3 dif- following: ‘‘a description of how individuals and housing operation costs associated with ferent sites to provide services for homeless and families who are homeless or who have permanent housing projects funded under families and evaluate the effectiveness of this subtitle, or under subtitle C or F (as in the lowest incomes in the community will be such services. effect on the day before the effective date of involved by the organization’’; and the Homeless Emergency Assistance and TITLE IV—RURAL HOUSING STABILITY (II) by striking the period at the end, and Rapid Transition to Housing Act of 2009). ASSISTANCE PROGRAM inserting a semicolon; and The Secretary shall determine whether to SEC. 1401. RURAL HOUSING STABILITY ASSIST- (iii) by adding at the end the following: renew a contract for such a permanent hous- ANCE. ‘‘(7) a description of consultations that ing project on the basis of certification by Subtitle G of title IV of the McKinney- took place within the community to ascer- the collaborative applicant for the geo- Vento Homeless Assistance Act (42 U.S.C. tain the most important uses for funding graphic area that— 11408 et seq.) is amended— under this section, including the involve- ‘‘(1) there is a demonstrated need for the (1) by striking the subtitle heading and in- ment of potential beneficiaries of the project; and serting the following: project; and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12787 ‘‘(8) a description of the extent and nature (II) by striking ‘‘, not later than 18 months communities who migrate annually to non- of homelessness and of the worst housing sit- after the date on which the Secretary first rural areas and non-rural communities for uations in the community.’’; makes grants under the program,’’; and homeless assistance. (G) by striking subsections (f) and (g) and (III) by striking ‘‘prevent and respond to (4) A description of barriers that individ- inserting the following: homelessness’’ and inserting ‘‘meet the goals uals and families in and from rural areas and ‘‘(f) MATCHING FUNDING.— described in subsection (a)’’; rural communities encounter when seeking ‘‘(1) IN GENERAL.—An organization eligible (I) in subsection (k)— to access homeless assistance programs, and to receive a grant under subsection (a) shall (i) in paragraph (1), by striking ‘‘rural recommendations for removing such bar- specify matching contributions from any homelessness grant program’’ and inserting riers. source other than a grant awarded under this ‘‘rural housing stability grant program’’; and (5) A comparison of the rate of homeless- subtitle, that shall be made available in the (ii) in paragraph (2)— ness among individuals and families in and geographic area in an amount equal to not (I) in subparagraph (A), by striking ‘‘; or’’ from rural areas and rural communities com- less than 25 percent of the funds provided for and inserting a semicolon; pared to the rate of homelessness among in- the project or activity, except that grants (II) in subparagraph (B)(ii), by striking dividuals and families in and from non-rural for leasing shall not be subject to any match ‘‘rural census tract.’’ and inserting ‘‘county areas and non-rural communities. requirement. where at least 75 percent of the population is (6) A general description of homeless as- ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The rural; or’’; and sistance for individuals and families in rural cash value of services provided to the bene- (III) by adding at the end the following: areas and rural communities of the United ficiaries or clients of an eligible organization ‘‘(C) any area or community, respectively, States. by an entity other than the organization located in a State that has population den- (7) A description of barriers that homeless may count toward the contributions in para- sity of less than 30 persons per square mile assistance providers serving rural areas and graph (1) only when documented by a memo- (as reported in the most recent decennial rural communities encounter when seeking randum of understanding between the orga- census), and of which at least 1.25 percent of to access Federal homeless assistance pro- nization and the other entity that such serv- the total acreage of such State is under Fed- grams, and recommendations for removing ices will be provided. eral jurisdiction, provided that no metropoli- such barriers. ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- tan city (as such term is defined in section (8) An assessment of the type and amount tions required under paragraph (1) may con- 102 of the Housing and Community Develop- of Federal homeless assistance funds award- sist of— ment Act of 1974) in such State is the sole ed to organizations serving rural areas and ‘‘(A) funding for any eligible activity de- beneficiary of the grant amounts awarded rural communities and a determination as to scribed under subsection (b); and under this section.’’; whether such amount is proportional to the ‘‘(B) subject to paragraph (2), in-kind pro- (J) in subsection (l)— distribution of homeless individuals and vision of services of any eligible activity de- (i) by striking the subsection heading and families in and from rural areas and rural scribed under subsection (b). inserting ‘‘PROGRAM FUNDING.—’’; and communities compared to homeless individ- ‘‘(g) SELECTION CRITERIA.—The Secretary (ii) by striking paragraph (1) and inserting shall establish criteria for selecting recipi- uals and families in non-rural areas and non- the following: rural communities. ents of grants under subsection (a), includ- ‘‘(1) IN GENERAL.—The Secretary shall de- ing— (9) An assessment of the current roles of termine the total amount of funding attrib- the Department of Housing and Urban Devel- ‘‘(1) the participation of potential bene- utable under section 427(b)(2) to meet the ficiaries of the project in assessing the need opment, the Department of Agriculture, and needs of any geographic area in the Nation other Federal departments and agencies in for, and importance of, the project in the that applies for funding under this section. community; administering homeless assistance programs The Secretary shall transfer any amounts in rural areas and rural communities and ‘‘(2) the degree to which the project ad- determined under this subsection from the dresses the most harmful housing situations recommendations for distributing Federal Community Homeless Assistance Program responsibilities, including homeless assist- present in the community; and consolidate such transferred amounts for ‘‘(3) the degree of collaboration with others ance program administration and grants under this section, except that the grantmaking, among the departments and in the community to meet the goals de- Secretary shall transfer an amount not less scribed in subsection (a); agencies so that service organizations in than 5 percent of the amount available under ‘‘(4) the performance of the organization in rural areas and rural communities are most subtitle C for grants under this section. Any improving housing situations, taking ac- effectively reached and supported. amounts so transferred and not used for count of the severity of barriers of individ- grants under this section due to an insuffi- (b) ACQUISITION OF SUPPORTING INFORMA- uals and families served by the organization; cient number of applications shall be trans- TION.—In carrying out the study under this ‘‘(5) for organizations that have previously ferred to be used for grants under subtitle section, the Comptroller General shall seek received funding under this section, the ex- C.’’; and to obtain views from the following persons: tent of improvement in homelessness and the (K) by adding at the end the following: (1) The Secretary of Agriculture. worst housing situations in the community ‘‘(m) DETERMINATION OF FUNDING SOURCE.— (2) The Secretary of Housing and Urban since such funding began; For any fiscal year, in addition to funds Development. ‘‘(6) the need for such funds, as determined awarded under subtitle B, funds under this (3) The Secretary of Health and Human by the formula established under section title to be used in a city or county shall only Services. 427(b)(2); and be awarded under either subtitle C or sub- (4) The Secretary of Education. ‘‘(7) any other relevant criteria as deter- title D.’’. (5) The Secretary of Labor. mined by the Secretary.’’; SEC. 1402. GAO STUDY OF HOMELESSNESS AND (6) The Secretary of Veterans Affairs. (H) in subsection (h)— HOMELESS ASSISTANCE IN RURAL (7) The Executive Director of the United (i) in paragraph (1), in the matter pre- AREAS. States Interagency Council on Homelessness. ceding subparagraph (A), by striking ‘‘The’’ (a) STUDY AND REPORT.—Not later than the (8) Project sponsors and recipients of and inserting ‘‘Not later than 18 months expiration of the 12-month period beginning homeless assistance grants serving rural after funding is first made available pursu- on the date of the enactment of this division, areas and rural communities. ant to the amendments made by title IV of the Comptroller General of the United States (9) Individuals and families in or from the Homeless Emergency Assistance and shall conduct a study to examine homeless- rural areas and rural communities who have Rapid Transition to Housing Act of 2009, ness and homeless assistance in rural areas sought or are seeking Federal homeless as- the’’; and and rural communities and submit a report sistance services. (ii) in paragraph (1)(A), by striking ‘‘pro- to the Congress on the findings and conclu- (10) National advocacy organizations con- viding housing and other assistance to home- sion of the study. The report shall contain cerned with homelessness, rural housing, and less persons’’ and inserting ‘‘meeting the the following matters: rural community development. goals described in subsection (a)’’; (1) A general description of homelessness, (c) EFFECTIVE DATE.—This section shall (iii) in paragraph (1)(B), by striking ‘‘ad- including the range of living situations take effect on the date of the enactment of dress homelessness in rural areas’’ and in- among homeless individuals and homeless this division serting ‘‘meet the goals described in sub- families, in rural areas and rural commu- section (a) in rural areas’’; and nities of the United States, including tribal TITLE V—REPEALS AND CONFORMING (iv) in paragraph (2)— lands and colonias. AMENDMENTS (I) by striking ‘‘The’’ and inserting ‘‘Not (2) An estimate of the incidence and preva- later than 24 months after funding is first lence of homelessness among individuals and SEC. 1501. REPEALS. made available pursuant to the amendment families in rural areas and rural commu- Subtitles D, E, and F of title IV of the made by title IV of the Homeless Emergency nities of the United States. McKinney-Vento Homeless Assistance Act Assistance and Rapid Transition to Housing (3) An estimate of the number of individ- (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 Act of 2009, the’’; uals and families from rural areas and rural et seq.) are hereby repealed.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12788 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 SEC. 1502. CONFORMING AMENDMENTS. ‘‘Sec. 414. Allocation and distribution of as- It also has some provisions in here (a) CONSOLIDATED PLAN.—Section 403(1) of sistance. that are very important to those small- the McKinney-Vento Homeless Assistance ‘‘Sec. 415. Eligible activities. ‘‘Sec. 416. Responsibilities of recipients. er financial institutions that are the Act (as so redesignated by section 1101(2) of lifeblood of our communities and which this division), is amended— ‘‘Sec. 417. Administrative provisions. (1) by striking ‘‘current housing afford- ‘‘Sec. 418. Administrative costs. have been unfairly tarnished in this ability strategy’’ and inserting ‘‘consoli- ‘‘Subtitle C—Continuum of Care Program most recent debate over financial insti- dated plan’’; and ‘‘Sec. 421. Purposes. tutions. (2) by inserting before the comma the fol- ‘‘Sec. 422. Continuum of care applications Community banks and the Inde- lowing: ‘‘(referred to in such section as a and grants. pendent Community Bankers of Amer- ‘comprehensive housing affordability strat- ‘‘Sec. 423. Eligible activities. ica have a letter here, which I will put ‘‘Sec. 424. Incentives for high-performing egy’)’’. into the RECORD, which supports this (b) PERSONS EXPERIENCING HOMELESS- communities. ‘‘Sec. 425. Supportive services. bill. NESS.—Section 103 of the McKinney-Vento Community banks were facing a sig- Homeless Assistance Act (42 U.S.C. 11302), as ‘‘Sec. 426. Program requirements. amended by the preceding provisions of this ‘‘Sec. 427. Selection criteria. nificant increase in the assessment ‘‘Sec. 428. Allocation of amounts and incen- division, is further amended by adding at the they get for deposit insurance. That tives for specific eligible activi- end the following new subsection: was true. And this bill will extend the ties. ‘‘(e) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 429. Renewal funding and terms of as- deposit insurance, which was tempo- NESS.—Any references in this Act to home- sistance for permanent housing. rarily at $250,000, and makes it perma- less individuals (including homeless persons) ‘‘Sec. 430. Matching funding. nent. That’s very important for the or homeless groups (including homeless per- ‘‘Sec. 431. Appeal procedure. smaller banks. It has to be paid for. sons) shall be considered to include, and to ‘‘Sec. 432. Regulations. But also there were problems with the refer to, individuals experiencing homeless- ‘‘Sec. 433. Reports to Congress. ness or groups experiencing homelessness, larger banks who got in trouble. ‘‘Subtitle D—Rural Housing Stability Absent this bill, community banks respectively.’’. Assistance Program (c) RURAL HOUSING STABILITY ASSIST- would have been facing a very signifi- ‘‘Sec. 491. Rural housing stability assist- ANCE.—Title IV of the McKinney-Vento cant increase in their assessment. Be- ance. Homeless Assistance Act is amended by re- ‘‘Sec. 492. Use of FHMA inventory for transi- cause this bill gives the FDIC bor- designating subtitle G (42 U.S.C. 11408 et tional housing for homeless rowing authority, standby authority in seq.), as amended by the preceding provisions persons and for turnkey hous- case it’s needed, they will not have to of this division, as subtitle D. ing.’’. raise the assessment. The FDIC has to SEC. 1503. EFFECTIVE DATE. The SPEAKER pro tempore. Pursu- be ready to act. And if there was not Except as specifically provided otherwise the borrowing authority, they would in this division, this division and the amend- ant to the rule, the gentleman from ments made by this division shall take effect Massachusetts (Mr. FRANK) and the have to raise the assessment to have a on, and shall apply beginning on— gentlewoman from West Virginia (Mrs. pool of money available. They have (1) the expiration of the 18-month period CAPITO) each will control 20 minutes. been, under Sheila Bair’s leadership, a beginning on the date of the enactment of The Chair recognizes the gentleman very thoughtful and responsible organi- this division, or from Massachusetts. zation. Borrowing authority we will do. (2) the expiration of the 3-month period be- Mr. FRANK of Massachusetts. Mr. It’s in here. ginning upon publication by the Secretary of Speaker, this is our sending back to Similarly, there was a problem that Housing and Urban Development of final reg- the Senate a version of a bill which we threatened a significant increase in the ulations pursuant to section 1504, passed earlier this year. They then assessment that our local credit unions whichever occurs first. passed the bill in a form very close to would have to pay because of the fail- SEC. 1504. REGULATIONS. ours, but in a couple of areas where we ure of some large credit unions. There’s (a) IN GENERAL.—Not later than 12 months felt it important to insist on our origi- a pattern here of the larger institu- after the date of the enactment of this divi- sion, the Secretary of Housing and Urban De- nal position and also to include some tions’ failure imposing costs on the velopment shall promulgate regulations gov- things that came up in the interim smaller. It’s our job to prevent that erning the operation of the programs that from the administration. from happening. are created or modified by this division. It has several purposes. One, it en- What we have here is a provision that (b) EFFECTIVE DATE.—This section shall hances the ability of the executive the gentleman from Pennsylvania (Mr. take effect on the date of the enactment of branch to reduce the number of fore- KANJORSKI) has worked on. We worked this division. closures. Last year Congress passed the with the National Credit Union Admin- SEC. 1505. AMENDMENT TO TABLE OF CONTENTS. HOPE for Homeowners program, which istration. It provides a mechanism by The table of contents in section 101(b) of we hoped was going to reduce fore- which the significant increased assess- the McKinney-Vento Homeless Assistance closures. We didn’t get it right. We had ment on the credit union can be avoid- Act (42 U.S.C. 11301 note) is amended by striking the item relating to the heading for a good general idea, but it was passed ed. That’s why the National Credit title IV and all that follows through the in a form that was not very usable. Union Association has sent in a letter item relating to section 492 and inserting the We have learned from the experience, in support of this. following new items: and we have a version here that we We will, as I said, be reducing fore- ‘‘TITLE IV—HOUSING ASSISTANCE think is going to work much better. It closures and helping the mortgage ‘‘Subtitle A—General Provisions includes, for instance, at the request of market. So the National Association of ‘‘Sec. 401. Definitions. HUD, a provision that will allow them REALTORS has sent in a letter in sup- ‘‘Sec. 402. Collaborative applicants. to deal with the problem of second port of this. And because it is good for ‘‘Sec. 403. Housing affordability strategy. mortgages, which has been an inter- the banking industry in general, the ‘‘Sec. 404. Preventing involuntary family ference in our ability to get fore- American Bankers Association has sup- separation closures. It also includes, as it did ported this. ‘‘Sec. 405. Technical assistance. originally, a very good version of the Our major financial institution rep- ‘‘Sec. 406. Discharge coordination policy. safe harbor for services. That was a bi- resentatives support this bill. As I said, ‘‘Sec. 407. Protection of personally identi- partisan idea of the gentleman from it enhances our ability to reduce fore- fying information by victim service providers. Pennsylvania (Mr. KANJORSKI) and the closures. It averts significant increases ‘‘Sec. 408. Authorization of appropriations. gentleman from Delaware (Mr. CASTLE) in assessments that would go to the ‘‘Subtitle B—Emergency Solutions Grants to encourage those who are in charge credit unions and the community Program of the mortgage process to act when it banks. It also includes language which ‘‘Sec. 411. Definitions. makes more sense to write down the we have been working on and this ‘‘Sec. 412. Grant assistance. mortgage and avoid foreclosure. It House had passed, and it was bipartisan ‘‘Sec. 413. Amount and allocation of assist- gives them the legal ability to do that in our committee, improving the pro- ance. and withstand frivolous lawsuits. grams for the homeless.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12789 We made several important com- provision to allow the FDIC to assess all fi- nearly 90% of America’s 8,000 state and feder- promises on that. The gentlewoman nancial institutions, including holding com- ally chartered credit unions and their 92 mil- from West Virginia who is here as the panies, benefiting from its Temporary Li- lion members. ranking member of the Housing Sub- quidity Guarantee Program, in the case of a CUNA strongly supports S. 896, a bill that deficit in the program. Current law only per- committee on our committee worked includes a number of provisions aimed at mits assessments against banks and thrifts. helping credit unions continue to help their on this. We incorporated that in this HOPE FOR HOMEOWNERS AND SERVICER SAFE members weather the financial crisis and bill. So it is widely supported by people HARBOR PROVISION maintain member confidence in credit who are in the field of the homeless. It Community banks support improvements unions. Credit unions consider this a critical is, in general, an important piece of to the Hope for Homeowners Program and vote. legislation that responds as well as we the servicer safe harbor provisions found in S. 896 would extend the increase in deposit can to this foreclosure crisis. S. 896. ICBA agrees minimizing foreclosures insurance coverage ($250,000) for the National Myself and a majority of the House is essential to the effort to stabilize the U.S. Credit Union Share Insurance Fund (NCUS clearly would have preferred if it had economy. Foreclosure is often a very IF) that Congress enacted on as part of the included the authority of bankruptcy lengthy, costly and destructive process that Emergency Economic Stabilization Act of 2008, until December 31, 2013. This provision courts to reduce mortgages on primary puts downward pressure on the price of near- by homes and has a devastating impact on is an important step that will help maintain residences. We passed that in the families and communities. The changes to member confidence in credit unions. House. It failed in the Senate. Our col- the Hope for Homeowners Program and the S. 896 also includes a number of provisions league from California (Ms. LOFGREN) servicer safe harbor provision will foster aimed at helping credit unions manage the and the chairman of the Judiciary more voluntary loan modifications and are a impact of the financial crisis on the credit Committee, Mr. CONYERS, and others positive step in bringing stability to the union system. Even though credit unions use made a very valiant effort to resusci- mortgage and housing markets. strong underwriting standards to make loans tate it. It was not possible. I regret We strongly urge a yes vote for S. 896. to their members and keep most of their that. I hope we won’t give up on that. Thank you for considering our views. mortgages in portfolio, no financial institu- Sincerely, tion is immune from the current economic I think it’s a glaringly illogical and un- CAMDEN R. FINE, situation. Corporate credit unions, which fair part of the law, but it would be a President and CEO. provide payment, settlement, investment mistake, in my judgment, to allow that and other services for natural person credit failure to get the votes that we tried to AMERICAN BANKERS ASSOCIATION, unions, have been particularly hard hit by get in the Senate to stop the very Washington, DC, May 19, 2009. the economic maelstrom. many other important parts of the bill. Hon. NANCY PELOSI, On March 20, the National Credit Union So, as I said, I move to suspend the Speaker of the House, House of Representatives, Administration (NCUA) placed two corporate rules. I hope we can send this soon to Washington, DC. credit unions—U.S. Central and Western Cor- Hon. JOHN BOEHNER, the President. If we pass this bill, it porate Federal Credit Union (Wescorp)—into Republican Leader, House of Representatives, conservatorship. The losses at the two cor- will go to the Senate; and I believe Washington, DC. porate credit unions were created by declines that the Senate will adopt it and send DEAR SPEAKER PELOSI AND REPRESENTA- in the value of mortgage-backed securities in it on to the President. TIVE BOEHNER: I am writing on behalf of the which they invested. Although these securi- INDEPENDENT COMMUNITY members of the American Bankers Associa- ties were originally AAA-rated and appeared BANKERS OF AMERICA, tion in strong support of S. 896, the Helping prudent when the investments were made, May 18, 2009. Families Save Their Homes Act of 2009, market developments proved to the con- Hon. NANCY PELOSI, which will be considered by the House today trary. Despite these investment losses, the Speaker of the House, House of Representatives, on the suspension calendar. payment and settlement services provided by Washington, DC. The legislation provides the Federal De- these corporate credit unions continue to be Hon. JOHN A. BOEHNER, posit Insurance Corporation (FDIC) with a offered on a very sound basis. Minority Leader, House of Representatives, much needed increase in its borrowing au- The credit union system itself is covering Washington, DC. thority, extends the period for the restora- the losses on these corporate credit union in- RE S. 896, the Helping Families Save their tion of the FDIC’s deposit insurance fund vestments by way of a significant NCUSIF Homes Act of 2009 from five to eight years, and provides a tem- insurance assessment on all federally insured porary extension (through 2013) of the FDIC’s DEAR SPEAKER PELOSI AND MINORITY LEAD- natural person credit unions. Under current $250,000 deposit insurance limit. ER BOEHNER: The Independent Community law, credit unions must replenish their The legislation also will make it easier for Bankers of America (ICBA), on behalf of its NCUSIF deposits equal to 1% of their insured servicers to modify loan agreements. It im- 5,000 community bank members nationwide, shares on an annual basis and are also sub- proves the Hope for Homeowners Program to are writing to express our strong support for ject to premium charges when the fund drops make it more accessible for lenders and bet- S. 896, the Helping Families Save their below a 1.2% equity ratio. While credit ter able to help homeowners avoid fore- Homes Act of 2009, which the House will con- unions expect to pay for the corporate credit closures. sider on the suspension calendar tomorrow. union problem themselves, they would like ABA urges the House to pass this very im- Several provisions in S. 896 are important to to spread the losses over time, as banks are portant legislation. The increase in bor- community bankers: the deposit insurance permitted to do for their insurance costs rowing authority will enable the FDIC to re- provisions—including extending the increase under current law. duce the proposed special assessment on all in deposit insurance coverage to $250,000, in- banks, thereby increasing funds available for S. 896 would increase NCUA’s borrowing creasing the FDIC’s borrowing authority, lending in local communities. authority from Treasury from $100 million to making the assessments for the Temporary We look forward to working with you to $6 billion, with the ability to borrow as much Liquidity Guarantee Program more equi- have S. 896 enacted into law as quickly as as $30 billion in exigent circumstances table—plus improvements to the Hope for possible. through December 2010. The amendment also Homeowners Program (H4H). Sincerely, establishes a Temporary Corporate Sta- DEPOSIT INSURANCE FLOYD E. STONER. bilization Fund that would also help NCUA The Emergency Economic Stabilization to spread out credit unions’ insurance costs Act temporarily increased deposit insurance CREDIT UNION NATIONAL ASSOCIATION, over seven years. Spreading these costs over coverage from $100,000 to $250,000. The addi- Washington, DC, May 19, 2009. multiple years means that credit unions can tional coverage has enhanced community Hon. NANCY PELOSI, use the funds that otherwise would have bank liquidity and stability at this critical Speaker, House of Representatives, Washington, been used to pay the assessment imme- time. We are pleased S. 896 would extend this DC. diately to make credit available to their increase. Community banks also support pro- Hon. JOHN BOEHNER, members. CUNA strongly supports both the visions increasing the FDIC’s authority to Minority Leader, House of Representatives, additional borrowing authority for NCUA as borrow from the Treasury, if needed. The in- Washington, DC. well as the establishment of the Temporary creased authority will allow the FDIC to re- DEAR SPEAKER PELOSI AND RANKING MEM- Corporate Stabilization fund. duce its planned second quarter special as- BER BOEHNER: On behalf of the Credit Union Time is of the essence. We appreciate the sessment on all banks, keeping vital capital National Association (CUNA), I am writing timely consideration of the S. 896 and hope within community banks to support lending, in support of S. 896, the Helping Families the legislation can be enacted expeditiously. while still ensuring an adequately funded De- Save Their Homes Act. CUNA is the largest On behalf of America’s credit unions, posit Insurance Fund. ICBA also supports a credit union trade association, representing thank you very much for your consideration.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12790 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Please support the S. 896, the Helping Fami- NATIONAL ASSOCIATION Because mortgages modified under lies Save Their Homes Act. OF REALTORS® HOPE for Homeowners received an Sincerely, Washington, DC, May 19, 2009. FHA guarantee, the inevitable losses DANIEL A. MICA, Hon. BARNEY FRANK, that will result from defaults on many President & CEO. House of Representatives, Rayburn House Office Building, Washington, DC. of these mortgages will further under- DEAR CHAIRMAN FRANK: The 1.2 million mine, I believe, the solvency of that NATIONAL ASSOCIATION OF members of the National Association of RE- critical program. FEDERAL CREDIT UNIONS, ALTORS® urge support of S. 896, the ‘‘Help- It is important to note that the FHA Arlington, Virginia, May 19, 2009. ing Families Save Their Homes Act’’, which Hon. NANCY PELOSI, is already under stress and that the De- passed the Senate on May 6, 2009 by a vote of partment of Housing and Urban Devel- Speaker of the House, House of Representatives, 91–5. Washington, D.C. S. 896 includes a number of much-needed opment has made an unprecedented Hon. JOHN BOEHNER, provisions to limit foreclosures and keep budget request of almost $800 million Minority Leader, House of Representatives, families in their homes. The bill will expand to keep the FHA afloat. Perhaps a bet- Washington, DC. loan modifications by providing a safe har- ter approach than trying to improve DEAR SPEAKER PELOSI AND MINORITY LEAD- bor for mortgage servicers who conduct loan the HOPE for Homeowners program ER BOEHNER: On behalf of the National Asso- modifications in good faith. The bill reforms would have been to end it altogether. ciation of Federal Credit Unions (NAFCU), the Hope for Homeowners program, pre- I’ve authored legislation that would the only trade association exclusively rep- serving benefits to homeowners while lim- provide the Department of Housing and resenting the interests of our nation’s fed- iting risks to the FHA fund and the tax- payer. The bill also strengthens oversight of Urban Development with the ability to eral credit unions, I am writing to express set up a program to assist struggling our support for S. 896, the ‘‘Helping Families FHA-approved lenders to protect the FHA Save Their Homes Act of 2009’’ and to urge fund and taxpayers from fraud and abuse. Fi- borrowers that gives the department the House to support this legislation when it nally, the bill establishes a task-force to in- much-needed flexibility to adjust to is considered on the suspension calendar vestigate mortgage foreclosure fraud. market changes. Yet there are many today. NAR asks for your support of S. 896, which useful reforms in this legislation that will allow more American families to avoid S. 896 would adopt the corporate credit are worthy of Republican support. foreclosure and will help in our housing re- First, the Senate included provisions union stabilization fund proposal recently covery. released by the National Credit Union Ad- Sincerely, based on legislation by Dr. PAUL of this ministration (NCUA). NCUA’s decision to CHARLES MCMILLAN, CIPS, GRI, House that will greatly increase the place two corporate credit unions into con- 2009 President, National Association of transparency and accountability of servatorship earlier this year has led to REALTORS®. various Federal Reserve liquidity fa- losses of approximately $5.9 billion to the I reserve the balance of my time. cilities and specific initiatives to res- National Credit Union Share Insurance Fund Mrs. CAPITO. Mr. Speaker, I rise cue individual firms that the govern- (NCUSIF). Under present regulations, nat- ment has deemed too big to fail by giv- ural-person credit unions will be assessed a today in support of S. 896, the Helping heavy charge in 2009 to recapitalize the Families Save Their Homes Act of 2009. ing the GAO the statutory authority to NCUSIF. Swift implementation of the NCUA As the chairman mentioned, it has audit these programs. proposal is necessary to prevent more than broad-based support from a lot of Second, the bill includes provisions two-thirds of our nation’s credit unions from groups that have been working with to ease the crippling deposit insurance having negative earnings for 2009, as well as this bill. premiums that community banks, to ensure that they are adequately capital- Before I begin to discuss the specific banks and credit unions will otherwise ized. The creation of the temporary cor- provisions contained in this bill, I face in the coming months. porate credit union stabilization fund and would like to talk about one of the pro- And third, the Senate bill includes a the seven year timeframe for repayment of visions that is not in this bill. Thanks comprehensive reauthorization of the loans to the fund will provide immediate re- lief to large insurance fund premiums facing in large part to unified Republican op- McKinney-Vento homelessness pro- natural-person credit unions otherwise. position in the House and Senate, the gram which, as the chairman noted, bill does not include bankruptcy was passed in a strong bipartisan man- We also applaud the adoption of a longer cramdown provisions. I joined with ner here in the last Congress. time frame for the repayment of NCUSIF premiums contained in S. 896. By length- many of my colleagues in speaking We had significant contributions ening the repayment term to eight years, against this provision, which pre- from many of my colleagues on both Congress ensures credit unions will be able viously passed the House and, in my sides of the aisle. I’d like to thank Mrs. to focus more of their resources on making opinion, would have caused untold BIGGERT and Mr. GEOFF DAVIS of Ken- loans that will strengthen the economy, damage to the mortgage market and tucky from our side. rather than having to divert them to rebuild substantially increased costs for con- Mr. Chairman, S. 896 is far from a the NCUSIF. sumers. perfect bill, but S. 896 no longer con- Finally, as part of the Emergency Eco- Allowing bankruptcy judges to uni- tains what I believe were harmful nomic Stabilization Act of 2008, Congress in- laterally rewrite mortgage contracts is bankruptcy provisions which could creased the coverage on FDIC and NCUSIF not the solution to the problems in our have further paralyzed the mortgage fi- insured accounts to $250,000 through Decem- housing markets. The other body nance market. S. 896 will also make ber 31, 2009. This change serves to maintain should, therefore, be commended for crucial changes in the deposit area public confidence in insured depository insti- rejecting attempts to add cramdown which should help advance the eco- tutions in the current economic environ- ment. S. 896 would extend the higher insur- provisions to this legislation. nomic recovery. For these reasons, I ance level for four more years, to 2013. This Unfortunately, not all of the prob- urge Members to support S. 896. extension would ease confusion many credit lematic provisions have been removed I would like to reserve the balance of unions and their members already have from the bill. The majority continues my time. about the pending sunset on December 31st. to insist upon salvaging the failed Mr. FRANK of Massachusetts. Mr. NAFCU thanks you for your time and con- HOPE for Homeowners program. Last Speaker, I did want to respond, and I sideration regarding these matters. We urge year HOPE for Homeowners was pro- appreciate the support from the gentle- the House to vote ‘‘yes’’ and support S. 896 moted as a way to assist hundreds of woman for the bill. when it is considered on the suspension cal- thousands of homeowners to modify With regard to the FHA, I just want endar today. Should you have any questions their mortgages. To date, the program to read from the National Association or require any additional information please has helped only a handful of distressed of REALTORS letter because they, as do not hesitate to contact me or Brad borrowers. S. 896 attempts to fix HOPE much as any entity in this country, Thaler, NAFCU’s Director of Legislative Af- fairs, at 703–522–4775, ext 204. for Homeowners by increasing the tax- have an interest in a strong FHA. Sincerely, payer subsidy for lenders seeking to Contrary to the wishes expressed by B. DAN BERGER, offload their worst mortgages on the the gentlewoman from West Virginia, Senior Vice President of Government Affairs. government. the REALTORS approve of the fact

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12791 that we are improving the HOPE for These bankers impressed upon me funding to areas with homes at risk or Homeowners program. It says, ‘‘The the need for this borrowing authority. in foreclosure. bill reforms the HOPE for Homeowners With the special assessment as it is While I believe S. 896 is an important program, preserving benefits to home- today, banks and credit unions face piece of legislation, I am disappointed owners while limiting risks to the FHA further hardship meeting regulatory that it does not include a House-passed fund and the taxpayer. The bill also capital requirements and lending de- provision to allow judges to modify strengthens oversight of FHA-approved mands. However, the FDIC has indi- mortgages through bankruptcy. I am lenders to protect the FHA Fund and cated that passage of increased bor- concerned that without this provision, taxpayers from fraud and abuse.’’ rowing authority may result in a re- we may continue to see an increase in At the hearing that we had earlier duction of this special assessment by the number of foreclosures. this year—and that was when the Bush as much as half. This potential has my I support S. 896, the Helping Families administration was still in power—ca- constituents asking this body and me Save Their Homes Act of 2009. reer employees of the FHA noted that to pass this provision. And I would urge my colleagues to they do not have, and will not have It is clear that recent institutional vote ‘‘yes.’’ until this bill becomes law, the power failures have significantly increased Mrs. CAPITO. At this point, I have to prevent applicants for FHA funding losses of the insurance funds. However, no further speakers. I would just like who have a record of abuse from apply- by and large, the financial institutions to reiterate my support for the bill, ing again. in my district did not cause this eco- and I yield back the balance of my So at the initiative of the Committee nomic trauma. We must be careful that time. on Financial Services, the gentle- these community institutions which GENERAL LEAVE woman from California (Ms. SPEIER) serve so many folks are not unfairly Mr. FRANK of Massachusetts. Mr. and the gentlewoman from California saddled with higher premiums to com- Speaker, I ask unanimous consent that (Ms. WATERS), we added that to this pensate for the mistakes of others. all Members may have 5 legislative language. Mr. FRANK of Massachusetts. I yield days in which to revise and extend So what this bill includes is a very 3 minutes to the gentlewoman from their remarks and include extraneous important power for the FHA to debar, California (Ms. WATERS), the chair- material on this legislation. to use the appropriate legal term, peo- woman of the Housing Subcommittee The SPEAKER pro tempore. Is there ple who have had a record of fraud. which played a major role in our ef- objection to the request of the gen- That’s one of the reasons why we think forts to deal with this crisis. tleman from Massachusetts? that the FHA is strengthened by this Ms. WATERS. Thank you very much, There was no objection. bill. Mr. Chairman. Mrs. BIGGERT. Mr. Speaker, I would like to I reserve the balance of my time. Mr. Speaker and Members, I would Mrs. CAPITO. In response to the submit my entire statement for the RECORD. first like to thank Chairman BARNEY chairman, we argued this in committee Mr. Speaker, I’m disappointed that, at the last FRANK for the leadership that he has over whether it was wise to throw a minute, the Rules Committee cancelled its provided on all of these issues related lifeline to HOPE for Homeowners or to scheduled hearing on this bill, S. 896, pre- to this economic crisis that we have re-create the program or a program, venting Members from filing amendments to been confronted with. Some of these and that’s why this legislation is im- improve it. issues, not expected, were thrown into Let me start by saying that this bill has im- portant because it does improve that. his lap in an unusual way. And he has portant provisions that I support. It significantly It does improve HOPE for Homeowners. been able to guide our caucus in our reforms homeless housing programs, in- But I would just like to note, to this House in ways that help to bring us to creases funds for housing counseling and to date from October 1, 2008, to May 16, the point of passing this kind of legis- warn consumers about foreclosure rescue 2009, we’ve only had 954 applications lation, the Helping Families Save scams, provides a safe harbor for servicers and only 55 closings. And this is for a Their Homes Act of 2009. and enhances other programs to help qualified program that was sold to us basically So I rise in support of S. 896, the homeowners save their homes. The bill cre- under the guise that it was going to Helping Families Save Their Homes ates a database on the root causes of fore- help 25,000, at least, homeowners. So Act of 2009. As chairwoman of the Fi- closures and authorizes a mortgage fraud task far we’re looking at 55. nancial Services Subcommittee on force. Provisions to increase the FDIC and b 1400 Housing and Community Opportunity, NCUA’s borrowing authority and extend the At this point I would like to yield 2 I believe that the housing components time needed to restore their insurance funds, minutes to the gentlewoman from Kan- of this bill will be essential in helping for financial institutions, aim to stabilize insur- sas, a great member of our committee. families and communities. ance fees and free up capital so they can lend Ms. JENKINS. I rise today in support I am especially pleased that the bill to consumers and small businesses. In addi- of one provision in particular of the un- includes a provision I authored to en- tion, the bill increases Federal Reserve trans- derlying bill which allows for increased sure that the FHA loan programs are parency and TARP oversight—two very impor- borrowing authority for the FDIC and out of bounds for the very worst tant items for taxpayers. the NCUA. subprime lenders who created this Despite these good provisions in the bill, it Community financial institutions in mortgage mess in the first place. still falls short. To address these short- Kansas are facing a sizable special as- S. 896 also includes legislation draft- comings, I intended to offer a few bi-partisan sessment due to the deposit insurance ed by my subcommittee to reauthorize amendments but was denied the opportunity. funds being drawn down with the fail- and expand the McKinney-Vento Home- Mr. Speaker, I would like to insert the text of ure of numerous institutions across the lessness Assistance Program. Given the these amendments for the RECORD and say a Nation. Just last week I had a great increase in homelessness due to the few words. opportunity to visit with several bank- foreclosure crisis, inclusion of the First, the bill is too light on housing coun- ers from across the State who were in McKinney-Vento legislation is both seling. Counselors are on the front lines of the town with the Independent Community timely and appropriate. In addition the foreclosure crisis and often the first place Bankers Association. bill includes vital protections for rent- homeowners turn to for help. Three hundred Growing up in rural Kansas, I know ers facing evictions as a result of their Members voted for this language, as part of full well the close-knit communities in landlord’s foreclosure. H.R. 1728, to bolster HUD’s housing coun- which these and other financial insti- Finally, I am pleased that I was able seling programs, enhance program coordina- tutions operate across eastern Kansas, to work with Senator LEAHY on mak- tion, increase grants and streamline the proc- faithfully investing the hard-earned ing improvements to the Neighborhood ess, as well as launch a national outreach dollars of their neighbors to the better- Stabilization Program in order to campaign. ment of the community and the deposi- allow States that receive the minimum My second amendment, cosponsored by Mr. tors. allocation of funding to provide that NEUGEBAUER, would have required HUD and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR09\H19MY9.001 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12792 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 the Fed to coordinate efforts to produce com- date of the enactment of this Act, jointly (d) IMPLEMENTATION.—The regulations re- patible and improved residential mortgage dis- issue for public comment proposed regula- quired under subsection (a) shall take effect, closures. Consumers deserve nothing less. tions providing for compatible disclosures and shall provide an implementation date for for borrowers to receive at the time of mort- the new disclosures required under such reg- Again, earlier this month, 300 Members voted gage application and at the time of closing. ulations, not later than the expiration of the for H.R. 1728, which contained the exact lan- (b) REQUIREMENTS.—Such disclosures 12-month period beginning upon the date of guage of this amendment. shall— the enactment of this Act. Third, recent reports indicated that one in (1) provide clear and concise information (e) FAILURE TO ISSUE COMPATIBLE DISCLO- fifty U.S. children is homeless, and during the to borrowers on the terms and costs of resi- SURES.—If the Secretary of Housing and 2007–2008 school year, there was an 18 per- dential mortgage transactions and mortgage Urban Development and the Board of Gov- cent increase in the number of homeless stu- transactions covered by the Truth in Lend- ernors of the Federal Reserve System cannot dents. Why? The rise in foreclosures and de- ing Act (12 U.S.C. 1601 et seq.) and the Real agree on compatible disclosures pursuant to Estate Settlement Procedures Act of 1974 (12 subsections (a) and (b), the Secretary and the cline in jobs, but also—something fairly un- U.S.C. 2601 et seq.); Board shall submit a report to the Congress, known—some agencies can help all homeless (2) satisfy the requirements of section 128 after the 6-month period referred to in sub- kids, but HUD cannot. Does that make sense? of the Truth in Lending Act (12 U.S.C. 1638) section (a), explaining the reasons for such To help address this mismatch in programs, and section 4 and 5 of the Real Estate Settle- disagreement. After the 15-day period begin- Ms. MCCARTHY, Mr. DAVIS, and I have an ment Procedures Act of 1974; and ning upon submission of such report, the amendment to allow HUD to provide homeless (3) comprise early disclosures under the Secretary and the Board may separately housing and services to all homeless children Truth in Lending Act and the good faith es- issue for public comment regulations pro- timate disclosures under the Real Estate viding for disclosures under the Real Estate who are already served by programs run by Settlement Procedures Act of 1974 and final the Departments of Education, Health and Settlement Procedures Act of 1974 and the Truth in Lending Act disclosures and the Truth in Lending Act, respectively. Any Human Services, and Justice. Homeless kids uniform settlement statement disclosures final disclosures as a result of such regula- should be our top priority. under Real Estate Settlement Procedures tions issued by the Secretary and the Board Thanks to concessions made by some of Act of 1974 and provide for standardization to shall take effect on the same date, and not my colleagues here and in the Senate, the un- the greatest extent possible among such dis- later than the expiration of the 12-month pe- derlying bill, S. 896, moves an inch to help closures from mortgage origination through riod beginning on the date of the enactment these kids, but it should move miles. the mortgage settlement. of this Act. If either the Secretary or the (4) shall include, with respect to a residen- Board fails to act during such 12-month pe- Speaking of miles, I would like to take a mo- tial home mortgage loan, a written state- ment to recognize a courageous, young man riod, either such agency may act independ- ment of— ently and implement final regulations. who is fighting with us on this issue. On Sun- (A) the principal amount of the loan; (f) STANDARDIZED DISCLOSURE FORMS.— day, USA Today reported that an 11-year old (B) the term of the loan; (1) IN GENERAL.—Any regulations proposed boy from Florida, Zach Bonner, is hiking from (C) whether the loan has a fixed rate of in- or issued pursuant to the requirements of Florida to Washington, DC, and collecting let- terest or an adjustable rate of interest; this section shall include model disclosure ters from homeless kids on the way to deliver (D) the annual percentage rate of interest forms. under the loan as of the time of the disclo- (2) OPTION FOR MANDATORY USE.—In issuing to President Obama. Thank you, Zach. Keep sure; hiking. We’re with you. I hope that other Mem- proposed regulations under subsection (a), (E) if the rate of interest under the loan the Secretary of Housing and Urban Develop- bers of Congress and this Administration can can adjust after the disclosure, for each such ment and the Board of Governors of the Fed- be so brave and fix the law to help homeless possible adjustment— eral Reserve System shall include regula- (i) when such adjustment will or may kids. tions for the mandatory use of standardized occur; and I hope my colleagues, in particular, Chair- disclosure forms if they jointly determine (ii) the maximum annual percentage rate man FRANK, will commit our Committee to that it would substantially benefit the con- of interest to which it can be adjusted; sumer. continue work on these very important mat- (F) the total monthly payment under the ters. loan (including loan principal and interest, AMENDMENT TO S. 896. OFFERED BY MRS. AMENDMENT TO S. 896. OFFERED BY MRS. property taxes, and insurance) at the time of BIGGERT OF ILLINOIS, MRS. MCCARTHY OF BIGGERT OF ILLINOIS the disclosure; NEW YORK, AND MR. DAVIS OF KENTUCKY Page 86, after line 14, insert the following (G) the maximum total estimated monthly new title: maximum payment pursuant to each such Page 91, line 3, strike ‘‘and’’. possible adjustment; Page 91, line 19, strike the period and in- TITLE IX—OFFICE OF HOUSING (H) the total settlement charges in connec- sert ‘‘; and’’. COUNSELING tion with the loan and the amount of any Page 91, after line 19, insert the following: SEC. 901. EXPANSION AND PRESERVATION OF downpayment and cash required at settle- ‘‘(7) a child or youth who has been verified HOME OWNERSHIP THROUGH COUN- ment; and as homeless— SELING. (I) whether or not the loan has a prepay- ‘‘(A) as such term is defined in section Title IV of H.R. 1728, An Act to amend the ment penalty or balloon payment and the 725(2)(B)(i) of the McKinney-Vento Homeless Truth in Lending Act to reform consumer terms, timing, and amount of any such pen- Assistance Act (42 U.S.C. 11434a(2)(B)(i)), by a mortgage practices and provide account- alty or payment. local educational agency homeless liaison, ability for such practices, to provide certain (c) SUSPENSION OF 2008 RESPA RULE.— designated pursuant to section 722(g)(1)(J)(ii) minimum standards for such consumer (1) REQUIREMENT.—The Secretary of Hous- of the McKinney-Vento Homeless Assistance loans, and for other purposes, as passed the ing and Urban Development shall, during the Act (42 U.S.C. 11432(g)(1)(J)(ii)), and the fam- House of Representatives on May 7, 2009, is period beginning on the date of the enact- ily of such child or youth; hereby enacted into law with the following ment of this Act and ending upon issuance of ‘‘(B) by the director of a program funded amendments: proposed regulations pursuant to subsection under the Runaway and Homeless Youth Act (1) In the paragraph added to section 106(a) (a), suspend implementation of any provi- (42 U.S.C. 5701 et seq.), or a designee of the of the Housing and Urban Development Act sions of the final rule referred to in para- director; of 1968 by the amendment made by section graph (2) that would establish and imple- ‘‘(C) under section 602 of the Individuals 404 of such title, strike subparagraph (D). ment a new standardized good faith estimate with Disabilities Education Act (20 U.S.C. (2) Strike section 409 of such title. and a new standardized uniform settlement 1401) by the director or the designee of such statement. Any such provisions shall be re- program, and the family of such child; or AMENDMENT TO S. 896. OFFERED BY MRS. placed by the regulations issued pursuant to ‘‘(D) under section 637 of the Head Start BIGGERT OF ILLINOIS AND MR. NEUGEBAUER subsections (a) and (b). Act (42 U.S.C. 9832) by the director or des- OF TEXAS (2) 2008 rule.—The final rule referred to in ignee of such program, and the family of Page 18, after line 2, insert the following this paragraph is the rule of the Department such child.’’. new section: of Housing and Urban Development pub- Mr. BLUMENAUER. Mr. Speaker, in com- SEC. 106. RESPA AND TILA DISCLOSURE IM- lished on November 17, 2008, on pages 68204– munities across the Nation, the scourge of PROVEMENT. 68288 of Volume 73 of the Federal Register foreclosure is a deepening problem. In Or- (a) COMPATIBLE DISCLOSURES.—The Sec- (Docket No. FR–5180–F–03; relating to ‘Real retary of Housing and Urban Development Estate Settlement Procedures Act (RESPA): egon, 3,388 homes went into foreclosure in and the Board of Governors of the Federal Rule to Simplify and Improve the Process of March, a 107% increase over the number of Reserve shall, not later than the expiration Obtaining Mortgages and Reduce Consumer foreclosures in March 2008. Nationally, lend- of the 6-month period beginning upon the Settlement Costs’). ers filed foreclosure actions against more than

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12793 340,000 properties in March alone. These fig- And, to better protect deposits, S. 896 in- for Homeowners program, which was created ures helped make the first quarter of 2009 the creases FDIC insurance protection for ac- by Congress to help those at risk of default worst on record for foreclosure activity. counts holding up to $250,000. This action is and foreclosure refinance into more affordable, I support this bill because it will equip home- not only beneficial to depositors but also to sustainable loans. owners and lenders with new and improved small town financial institutions that derive Stabilizing the housing market is central to tools to combat foreclosures. It will help banks their funding and lending ability from deposits. restoring the American economy. By passing to increase their lending to small businesses I urge my colleagues to support S. 896 and the Helping Families Save Their Homes Act of and American consumers. While this bill is not hope the legislation, if passed, can be swiftly 2009, we are not just helping millions of fami- a cure-all for our Nation’s economic troubles, signed into law by the President. lies keep their homes—we are getting the it makes important contributions towards the Mr. AL GREEN of Texas. Mr. Speaker, I am economy back on track and moving America protection of American homeownership. proud to support S. 896, the Helping Families in a new direction. In particular, I support the bill’s modifications Save Their Homes Act of 2009. I supported Mr. KUCINICH. Mr. Speaker, I rise today in to the HOPE for Homeowners program, which H.R. 1106 when it left the House, and while reluctant support of S. 986, the Helping Fami- will ease restrictions on eligibility and enable lacking the provision to allow for judicial lies Save Their Homes Act. Although I sup- refinancing of underwater mortgages for a ‘‘cramdown,’’ I am pleased with many of the ported H.R. 1106 earlier in this Congress, and greater number of borrowers. improvements that S. 896 brings. I will vote for this bill, I remain concerned One major difference between this bill and This bill reflects an affirmation of this legisla- about many aspects that attempt to fix the the one that the House passed in early March tive body’s dedication to ensure that the Amer- problem without addressing the fundamental is the judicial modification provision, missing ican dream of homeownership is not lost for issues. from this bill. Allowing bankruptcy judges to millions of American families. The foreclosure S. 896 makes additional changes to the modify principal balances of residential mort- crisis has devastated our economy and this HOPE for Homeowners program despite evi- gage loans is an important policy, and one bill is another step towards stabilizing our dence that it is a seriously flawed model that which I continue to support. housing market and restoring confidence in has failed to effect the type of large-scale It is only fair that Congress offer average the American people. mortgage modification that our economy families the same alternative to foreclosure S. 896 improves the HOPE for Homeowners needs if it is going to recover. Despite the that has been available under the law for program, making it a more viable option for changes made, success of the HOPE for many years to owners of vacation homes, in- helping families sustain homeownership; it Homeowners program continues to be contin- vestment properties, private jets, and luxury provides a safe harbor for those who would gent on the active participation of the mort- yachts. Under such a provision, while some engage in legitimate loan modifications or uti- gage lender or mortgage servicer. Once again, mortgage lenders would not get every penny lize the HOPE for Homeowners Program. The we throw money at Wall Street—at the bank- owed to them, on balance they would get bill strengthens the FDIC and credit unions to ers and lenders—and leave individuals and more than if these families had no better ensure the availability of credit for consumers, families with nothing. choice than to fall into foreclosure. Mr. SKELTON. Mr. Speaker, throughout this which is crucial in this time of economic down- The bill also reauthorizes programs under tough recession, Congress has been working turn. the McKinney-Vento Homeless Assistance to reduce the length and severity of the eco- S. 896 reauthorizes the McKinney-Vento Act. I am grateful that the plight of the home- nomic downturn and its impact on the Amer- Homelessness Assistance Grants for the first less and the growing homeless population has ican people. While we have approved a num- time in 20 years, and authorizes $2.2 billion finally merited the attention of Congress; how- ber of important bills in this area, let me share for the programs for FY 2010 and 2011. It also ever I am dismayed by some of the provisions my support today for S. 896, a bipartisan bill provides funding to HUD to increase public in the final bill as well as the process used to known as the Helping Families Save Their awareness regarding foreclosure scams. arrive at the terms of the relevant language. Homes Act. Finally, the tenant protections included in The problem of homelessness in this country S. 896 is a balanced bill that will provide the bill ensure that bona fide tenants are not deserves more attention in the House of Rep- tools and incentives to help reduce fore- unfairly removed from their residences when resentatives than a mere fraction of debate closures, will strengthen Federal protections foreclosures occur that they could not control. time on a suspension bill. If we had more time against predatory lending, will establish the Overcoming the foreclosure crisis and the and different circumstances, we might have right of homeowners to know who owns their damage that it has wrought will take time and had the opportunity to correct some of the pri- mortgage, and will give the Federal Housing dedication. However, by passing the Helping vacy concerns as well as the provisions that Administration and USDA’s Rural Housing Families Save Their Homes Act, we are taking limit eligible uses of funds. Service legal flexibility to undertake loan modi- a critical step forward in protecting the Amer- Despite the shortcomings in this bill, it rep- fications. Reducing foreclosures and stabilizing ican homeowner. resents a small step in the right direction on the housing market are key to turning around Mr. VAN HOLLEN. Mr. Speaker, today, I the whole. I remain hopeful that Congress will America’s economy, which is why I am rise in support of the Helding Families Save continue to improve the HOPE for Home- pleased that S. 896 has been written with the Their Homes Act, a bipartisan bill that will help owners programs as well as the plight of the support of both congressional Democrats and millions of American families avoid the night- growing numbers of homeless citizens. In the Republicans. mare of foreclosure. Foreclosures cost an end, we must adopt a default posture that ac- While S. 896 will help to mend the ailing American family its home every 13 seconds, commodates communities, families, and indi- housing market, the bill is also good for small and negatively impact entire neighborhoods. viduals, rather than a default posture that ac- town banks and for all Americans who keep Each foreclosed home reduces nearby prop- commodates bankers and financial institutions. their savings in a bank or credit union. erty values by as much as 9 percent, and the Only then will we be able to repair our econ- As some banks gambled and made risky lack of property tax revenues can affect com- omy and put our country back on a path of loans to subprime borrowers, most small town munity services and the quality of our schools. prosperity and growth. financial institutions played by the rules and We all stand to lose if we do not stop the Ms. JACKSON-LEE of Texas. Mr. Speaker, did not get caught up in the hazardous lending steep decline in home prices, which is why I rise in strong support of S. 896, ‘‘Helping behavior that is at the heart of our recession. Congress and President Obama are taking ac- Families Save Their Homes in Bankruptcy Act But, as larger banks have faltered, community tion. of 2009.’’ I would like to thank Chairman CON- banks have been replenishing the deposit in- This legislation builds on the President’s YERS of the House Judiciary Committee and surance fund that protects investments comprehensive Homeowner Affordability and Chairman BARNEY FRANK of the Financial throughout the financial system. To strengthen Stability Plan, and provides key tools and in- Services Committee for their leadership on the financial stability of community banks and centives for lenders, servicers and home- this issue. I also would like to thank Arthur D. credit unions, S. 896 increases the borrowing owners to modify loans and to avoid fore- Sidney of my staff who serves as my able authority for FDIC and for the federal credit closures. It bolsters important consumer rights Legislative Director. This issue is now before union regulator. These increases will help to housing information and strengthens com- this body again for consideration. level the playing field so community financial munity banks, which are crucial to small busi- Mr. Speaker, I urge my colleagues to sup- institutions are not stuck picking up the tab for nesses and families across this nation. It also port this bill because it provides a viable me- their larger competitors. makes important improvements to the Hope dium for bankruptcy judges to modify the

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12794 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 terms of mortgages held by homeowners who $200,000, he or she must repay the entire The bill relaxes certain Bankruptcy require- have little recourse but to declare bankruptcy. amount in order to keep his or her home, even ments under Chapter 13 so that the debtor This bill could not have come at a more though the maximum that the mortgage would can modify the terms of the mortgage secured timely moment. This bill is on the floor of the receive upon foreclosure is the home’s value, by his or her primary residence. This is an House within weeks after the President’s ad- i.e., $200,000, less the costs of foreclosure. idea that I have long championed in the TARP dress before the Joint Session of Congress Importantly, S. 896 provides for a relaxation legislation—the ability of debtors to modify where President Obama outlined his economic of the bankruptcy provisions and waives the their existing primary mortgages. Section 4 al- plan for America and discussed the current mandatory requirement that a debtor must re- lows for a modification of the mortgage for a economic situation that this country is facing. ceive credit counseling prior to the filing for period of up to 40 years. Such modification To be sure, there are many economic woes bankruptcy relief, under certain circumstances. cannot occur if the debtor fails to certify that that saddle this country. The statistics are The waiver applies in a Chapter 13 case it contacted the creditor before filing for bank- staggering. where the debtor submits to the court a certifi- ruptcy. In this way, the language in the Man- Home foreclosures are at an all-time high cation that the debtor has received notice that ager’s Amendment allows for the creditor to and they will increase as the recession con- the holder of a claim secured by the debtor’s demonstrate that it undertook its ‘‘last clear’’ tinues. In 2006, there were 1.2 million fore- principal residence may commence a fore- chance to work out the restructuring of the closures in the United States, representing an closure proceeding against such residence. debt with its creditor before filing bankruptcy. increase of 42 percent over the prior year. This bill also prohibits claims arising from Importantly, the bill amends the bankruptcy During 2007 through 2008, mortgage fore- violations of consumer protection laws. Spe- code to provide that a debtor, the debtor’s closures were estimated to result in a whop- cifically, this bill amends the Bankruptcy Code property, and property of the bankruptcy es- ping $400 billion worth of defaults and $100 to disallow a claim that is subject to any rem- tate are not liable for fees and costs incurred billion in losses to investors in mortgage secu- edy for damages or rescission as a result of while the Chapter 13 case is pending and that rities. This means that one per 62 American the claimant’s failure to comply with any appli- arises from a claim for debt secured by the households is currently approaching levels not cable requirement under the Truth in Lending debtor’s principal residence. seen since the Depression. Act or other applicable state or federal con- Lastly, I worked to get language in the bill The current economic crisis and the fore- sumer protection law in effect when the non- that would allow the debtors and creditors to closure blight has affected new home sales compliance took place, notwithstanding the negotiate before a declaration of bankruptcy is and depressed home value generally. New prior entry of a foreclosure judgment. made. I made sure that the bill addresses home sales have fallen by about 50 percent. S. 896 also amends the Bankruptcy Code to present situations at the time of enactment One in six homeowners owes more on a mort- permit modification of certain mortgages that where homeowners are in the process of gage than the home is worth which raises the are secured by the debtor’s principal resi- mortgage foreclosure. possibility of default. Home values have fallen dence in specified respects. Lastly, the bill Texas ranks 17th in foreclosures. Texas nationwide from an average of 19 percent provides that the debtor, the debtor’s property, would have faired far worse but for the fact from their peak in 2006, and this price plunge and property of the bankruptcy estate are not that homeowners enjoy strong constitutional has wiped out trillions of dollars in home eq- liable for a fee, cost, or charge incurred while protections under the state’s home-equity uity. The tide of foreclosure might become the Chapter 13 case is pending and that lending law. These consumer protections in- self-perpetuating. The nation could be facing a arises from a debt secured by the debtor’s clude a 3 percent cap on lender’s fees, 80 housing depression something far worse than principal residence, unless the holder of the percent loan-to-value ratio (compared to many a recession. claim complies with certain requirements. other states that allow borrowers to obtain 125 Obviously, there are substantial societal and I have long championed the rights of home- percent of their home’s value), and mandatory economic costs of home foreclosures that ad- owners, especially those facing mortgage fore- judicial sign-off on any foreclosure proceeding versely impact American families, their neigh- closure. I have worked with the Chairman of involving a defaulted home-equity loan. borhoods, communities and municipalities. A the House Judiciary Committee to include lan- Still, in the last month, in Texas alone there single foreclosure could impose direct costs guage that would relax the bankruptcy provi- have been 30,720 foreclosures and sadly on local government agencies totaling more sions to allow those facing mortgage fore- 15,839 bankruptcies. Much of this has to do than $34,000. closure to restructure their debt to avoid fore- with a lack of understanding about finance— I am glad that this legislation is finally on the closure. especially personal finance. floor of the United States House of Represent- Because I have long championed the rights Last year, Americans’ personal income de- atives. I have long championed in the first of homeowners facing mortgage foreclose in creased $20.7 billion, or 0.2 percent, and dis- TARP bill that was introduced and signed late the recent TARP bill and before the Judiciary posable personal income (DPI) decreased last Congress, that language be included to Committee, I have worked with Chairman $11.8 billion, or 0.1 percent, in November, ac- specifically address the issue of mortgage CONYERS and his staff to add language that cording to the Bureau of Economic Analysis. foreclosures. I had asked that $100 billion be would make the bill stronger and that would Personal consumption expenditures (PCE) de- set aside to address that issue. Now, my idea help more Americans. I co-sponsored sections creased $56.1 billion, or 0.6 percent. In India, has been vindicated as the TARP today has of the Manager’s Amendment and I urge my household savings are about 23 percent of included language and we here today are con- colleagues to support the bill. their GDP. tinuing to engage in the dialogue to provide Specifically, I worked with Chairman CON- Even though the rate of increase has monies to those in mortgage foreclosure. I YERS to ensure that in section 2 of the amend- showed some slowing, uncertainties remain. have also asked for modification of home- ment, section 109(h) of the Bankruptcy Code Foreclosures and bankruptcies are high and owners’ existing loans to avoid mortgage fore- would be amended to waive the mandatory re- could still beat last year’s numbers. closure. I believe that the rules governing quirement, under current law, that a debtor re- Home foreclosures are at an all-time high these loans should be relaxed. These are in- ceive credit counseling prior to filing for bank- and they will increase as the recession con- deed tough economic times that require tough ruptcy relief. Under the amended language tinues. In 2006, there were 1.2 million fore- measures. there is now a waiver that will apply where the closures in the United States, representing an Because of the pervasive home fore- debtor submits to the court a certification that increase of 42 percent over the prior year. closures, federal legislation is necessary to the debtor has received notice that the holder During 2007 through 2008, mortgage fore- curb the fall out from the subprime mortgage of a claim secured by the debtor’s principal closures were estimated to result in a whop- crisis. For consumers facing a foreclosure sale residence may commence a foreclosure pro- ping $400 billion worth of defaults and $100 who want to retain their homes, Chapter 13 of ceeding against such residence. billion in losses to investors in mortgage secu- the Bankruptcy Code provides some modicum This is important because it affords the rities. This means that one per 62 American of protection. The Supreme Court has held debtor the maximum relief without having to households is currently approaching levels not that the exception to a Chapter 13’s ability to undergo a slow credit counseling process. seen since the Depression. modify the rights of creditors applies even if This will help prevent the debtors credit situa- One in six homeowners owes more on a the mortgage is under-secured. Thus, if a tion from worsening, potentially spiraling out of mortgage than the home is worth raising the Chapter 13 debtor owes $300,000 on a mort- control, and result in the eventual loss of his possibility of default. Home values have fallen gage for a home that is worth less than or her home. nationwide from an average of 19 percent

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The nation could be facing a an increase until the end of 2010 to $300 bil- sity of Minnesota; housing depression—something far worse lion), and increases the NCUA’s borrowing au- Whereas Tony Dungy continued his foot- than a recession. thority to $6 billion (with a temporary increase ball career in the NFL and became a Super Obviously, there are substantial societal and to $30 billion). Bowl Champion with the Pittsburgh Steelers economic costs of home foreclosures that ad- And the bill includes the first major reauthor- in 1978; versely impact American families, their neigh- ization of funding under the McKinney-Vento Whereas Tony Dungy, at the age of 25, be- borhoods, communities and municipalities. A Homeless Assistance Act. I was pleased to came the youngest assistant coach, and at single foreclosure could impose direct costs support $100 million for McKinney-Vento the age of 28, became the youngest defensive coordinator in NFL history; on local government agencies totaling more under the American Recovery and Reinvest- Whereas Tony Dungy, in 1997, helped lead than $34,000. ment Act enacted into law earlier this year. the Tampa Bay Buccaneers to their first Mr. HOLT. Mr. Speaker, I rise today in sup- This important collaborative program between winning season since 1982; port of the Helping Families Save Their the public and private sectors has disbursed Whereas Tony Dungy was the first African- Homes Act of 2009 (S. 896), companion legis- more than $2 billion in funding to provide shel- American head coach to win the Super Bowl lation to similar legislation we approved in the ter, food and support services for homeless by leading the Indianapolis Colts over the House in March to combat the foreclosure cri- and hungry individuals nationwide in just over Chicago Bears in 2007; Whereas Tony Dungy is the first NFL head sis. I commend Senator DODD and the Mem- 20 years of existence, and this bill will author- coach to defeat all 32 NFL teams; bers of the Senate Committee on Financial ize that amount for Fiscal Year 2010 alone. I Whereas Tony Dungy has been a remark- Services for their leadership in crafting and will work with my colleagues to make sure we able and upstanding member of the commu- fine-tuning this legislation, and I urge my col- fully fund this authorized level of funding, to nities of which he has been a part; leagues to support it. assisting America’s neediest and most vulner- Whereas Tony Dungy has been an advocate According to a leading foreclosure research able citizens. for the Christian faith and a mentor for organization, mortgage foreclosure activity in- This bill takes many important and decisive American youth; creased by 24 percent during the first quarter steps to help mitigate the foreclosure crisis Whereas Tony Dungy has acted as a public of 2009, compared to the first quarter 2008. and ease the suffering of our Nation’s home- speaker for the Fellowship of Christian Ath- One in every 159 housing units in the United less and hungry, and I urge my colleagues to letes and Athletes in Action; Whereas Tony Dungy started Mentors for States received a foreclosure notice during the support it. Life, a mentoring program for young people first quarter of this year. In addition, fore- Mr. FRANK of Massachusetts. Mr. and provided participants with tickets to closures in March increased by 17 percent Speaker, I yield back the balance of Buccaneers’ games; from February, and by 46 percent compared my time. Whereas Tony Dungy has supported nu- to March 2008. We must act now, and we The SPEAKER pro tempore. The merous charitable programs and community must act decisively and comprehensively, to question is on the motion offered by service organizations and remains actively stem this crisis. The Helping Families Save the gentleman from Massachusetts involved in his communities in Tampa and Their Homes Act attacks the foreclosure crisis (Mr. FRANK) that the House suspend Indianapolis; Whereas Tony Dungy was appointed by aggressively and approaches the problem the rules and pass the Senate bill, S. 896, as amended. President George W. Bush to the President’s from several angles at the same time, but is Council on Service and Civil Participation in measured in its application. The question was taken. The SPEAKER pro tempore. In the August of 2007; and The bill amends the HOPE for Homeowners Whereas Tony Dungy wrote a memoir Program, to provide greater incentives for opinion of the Chair, two-thirds being which reached No. 1 on the hardcover nonfic- mortgage servicers to modify mortgages under in the affirmative, the ayes have it. tion section of the New York Times Best Mr. FRANK of Massachusetts. Mr. the Program, to reduce administrative burdens Seller list on August 5, 2007, and again on Speaker, on that I demand the yeas to loan underwriters, and to permit payments September 9, 2007: Now, therefore, be it and nays. Resolved, That the House of Representa- to loan servicers and underwriters for each The yeas and nays were ordered. tives— successful refinancing. It would also re-instate The SPEAKER pro tempore. Pursu- (1) congratulates Tony Dungy on his suc- the authority of the Department of Housing ant to clause 8 of rule XX and the cessful playing and coaching career and his- and Urban Development (HUD) to conduct an Chair’s prior announcement, further toric coaching accomplishments; and auction to refinance loans on a wholesale or (2) commends Tony Dungy for his compas- proceedings on this motion will be sion, integrity, and commitment to his faith, bulk basis. These modifications use funding postponed. already authorized under the Emergency Eco- family, and community. nomic Stabilization Act enacted in October f The resolution was agreed to. 2008. CONGRATULATING ANTHONY A motion to reconsider was laid on The bill also contains provisions to ensure KEVIN ‘‘TONY’’ DUNGY FOR HIS the table. better that predatory lenders are not allowed ACCOMPLISHMENTS AS A COACH, f to participate in the FHA home mortgage in- FATHER, AND EXEMPLARY MEM- HONORING KAREN BASS FOR BE- surance program. At the same time, it protects BER OF HIS COMMUNITY COMING THE FIRST AFRICAN- helpful mortgage lenders and servicers, who Mr. FRANK of Massachusetts. Mr. AMERICAN WOMAN ELECTED might otherwise be subject to litigation for Speaker, I ask unanimous consent that SPEAKER OF THE CALIFORNIA changing the terms of a mortgage after clos- the Committee on Oversight and Gov- STATE ASSEMBLY ing. The bill provides a safe harbor from liabil- ernment Reform be discharged from Mr. FRANK of Massachusetts. Mr. ity to mortgage servicers issuers, trustees, further consideration of House Resolu- Speaker, I ask unanimous consent that loan sellers, depositors, and others who par- tion 70 and ask for its immediate con- the Committee on Oversight and Gov- ticipate in loan modifications, to the extent sideration in the House. ernment Reform be discharged from they were required to assist and the modifica- The Clerk read the title of the resolu- further consideration of House Resolu- tion complied with the Hope for Homeowners tion. tion 49 and ask for its immediate con- program or was otherwise consistent with the The SPEAKER pro tempore. Is there sideration in the House. Administration’s foreclosure mitigation pro- objection to the request of the gen- The Clerk read the title of the resolu- grams. tleman from Massachusetts? tion. Importantly, the bill will also extend through There was no objection. The SPEAKER pro tempore. Is there 2013 the temporary increase to $250,000 in The text of the resolution is as fol- objection to the request of the gen- deposit insurance coverage for both the Fed- lows: tleman from Massachusetts? eral Deposit Insurance Corporation (FDIC)-in- H. RES. 70 There was no objection. sured deposits and National Credit Union Ad- Whereas Tony Dungy attended the Univer- The text of the resolution is as fol- ministration (NCUA)-insured deposits, which is sity of Minnesota and became the school’s lows:

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H. RES. 49 FILNER) that the House suspend the McCotter Platts Slaughter McDermott Poe (TX) Whereas Karen Bass made history as the rules and pass the bill, H.R. 1089, as Smith (NE) McGovern Polis (CO) Smith (NJ) first African-American woman to serve as amended. McHenry Pomeroy Smith (TX) Speaker in a State legislative body in the The vote was taken by electronic de- McHugh Posey Smith (WA) United States; vice, and there were—yeas 423, nays 0, McIntyre Price (GA) Snyder McKeon Price (NC) Whereas Karen Bass was sworn in as the not voting 10, as follows: Souder 67th Speaker of the California State Assem- McMahon Putnam Space bly on May 13, 2008; [Roll No. 270] McMorris Quigley Spratt Rodgers Radanovich Whereas Karen Bass was elected in 2005 to YEAS—423 Stearns McNerney Rahall Stupak represent California’s 47th Assembly Dis- Abercrombie Costa Himes Meek (FL) Rangel trict; Sullivan Ackerman Costello Hinchey Melancon Rehberg Sutton Whereas Karen Bass represents Culver Aderholt Courtney Hinojosa Mica Reichert Tanner City, West Los Angeles, Westwood, Cheviot Adler (NJ) Crenshaw Hirono Michaud Reyes Tauscher Akin Crowley Hodes Miller (FL) Richardson Hills, Ladera Heights, the Crenshaw District, Taylor Alexander Cuellar Hoekstra Miller (MI) Rodriguez Little Ethiopia, Baldwin Hills, and parts of Teague Altmire Culberson Holden Miller (NC) Roe (TN) Terry Korea Town and South Los Angeles; Andrews Cummings Holt Miller, Gary Rogers (AL) Thompson (CA) Whereas Karen Bass in her first term was Arcuri Dahlkemper Hoyer Miller, George Rogers (KY) Thompson (MS) appointed to Majority Whip; Austria Davis (AL) Hunter Minnick Rogers (MI) Thompson (PA) Whereas Karen Bass in her second term Baca Davis (CA) Inglis Mitchell Rohrabacher Thornberry Bachmann Davis (IL) Inslee Mollohan Rooney was elevated to the post of Majority Floor Tiahrt Bachus Davis (KY) Israel Moore (KS) Ros-Lehtinen Leader, making her the first woman to hold Tiberi Baird Davis (TN) Issa Moore (WI) Roskam the post and the second African-American to Tierney Baldwin Deal (GA) Jackson (IL) Moran (KS) Ross serve in the position; Barrow DeFazio Jackson-Lee Moran (VA) Rothman (NJ) Titus Whereas Karen Bass founded and operated Bartlett DeGette (TX) Murphy (CT) Roybal-Allard Tonko Community Coalition before becoming an Barton (TX) DeLauro Jenkins Murphy (NY) Royce Towns elected official, which is a community based Bean Dent Johnson (GA) Murphy, Patrick Ruppersberger Tsongas social justice organization in South Los An- Becerra Diaz-Balart, L. Johnson (IL) Murphy, Tim Rush Turner Upton geles empowering people to make a dif- Berkley Diaz-Balart, M. Johnson, E. B. Murtha Ryan (OH) Berman Dicks Johnson, Sam Myrick Ryan (WI) Van Hollen ference in the community; ´ Berry Dingell Jones Nadler (NY) Salazar Velazquez Whereas Karen Bass graduated from Ham- Biggert Doggett Jordan (OH) Napolitano Sanchez, Loretta Visclosky ilton High School, California State Univer- Bilbray Donnelly (IN) Kagen Neal (MA) Sarbanes Walden sity at Dominquez Hills, and the University Bilirakis Doyle Kanjorski Neugebauer Scalise Walz of Southern California’s School Of Medicine; Bishop (GA) Dreier Kaptur Nunes Schakowsky Wamp and Bishop (NY) Driehaus Kennedy Nye Schauer Wasserman Whereas Karen Bass was raised in the Ven- Bishop (UT) Duncan Kildee Oberstar Schiff Schultz Waters ice/Fairfax area of Los Angeles with her par- Blackburn Edwards (MD) Kilpatrick (MI) Obey Schmidt Blumenauer Edwards (TX) Kilroy Olson Schrader Watson ents DeWitt and Wilhelmina Bass: Now, Blunt Ehlers Kind Olver Schwartz Watt therefore, be it Boccieri Ellison King (IA) Ortiz Scott (GA) Waxman Resolved, That the House of Representa- Boehner Ellsworth King (NY) Pallone Scott (VA) Weiner tives— Bonner Emerson Kingston Pascrell Sensenbrenner Welch (1) honors Karen Bass for becoming the Bono Mack Engel Kirk Pastor (AZ) Serrano Westmoreland first African-American woman Speaker of Boozman Eshoo Kirkpatrick (AZ) Paul Sessions Wexler the California State Assembly; and Boren Etheridge Kissell Paulsen Sestak Whitfield Boswell Fallin Klein (FL) Payne Shadegg Wilson (OH) (2) expresses support for the California Boucher Farr Kline (MN) Pence Shea-Porter Wilson (SC) State Assembly as it welcomes Karen Bass Boustany Fattah Kosmas Perlmutter Sherman Wittman as its 67th Speaker. Boyd Filner Kratovil Perriello Shimkus Wolf The resolution was agreed to. Brady (TX) Flake Kucinich Peters Shuler Woolsey Braley (IA) Fleming Lamborn Peterson Shuster Wu A motion to reconsider was laid on Bright Forbes Lance Petri Simpson Yarmuth the table. Broun (GA) Fortenberry Langevin Pingree (ME) Sires Young (AK) Brown (SC) Foster Larsen (WA) Pitts Skelton Young (FL) f Brown, Corrine Foxx Larson (CT) NOT VOTING—10 ANNOUNCEMENT BY THE SPEAKER Brown-Waite, Frank (MA) Latham Ginny Franks (AZ) LaTourette Barrett (SC) Honda Schock PRO TEMPORE Buchanan Frelinghuysen Latta Brady (PA) Meeks (NY) Speier The SPEAKER pro tempore. Pursu- Burgess Fudge Lee (CA) Cardoza Sa´ nchez, Linda Stark Burton (IN) Gallegly Lee (NY) Delahunt T. ant to clause 8 of rule XX, proceedings Butterfield Garrett (NJ) Levin will resume on motions to suspend the Buyer Gerlach Lewis (CA) b 1432 rules previously postponed. Votes will Calvert Giffords Lewis (GA) Camp Gingrey (GA) Linder So (two-thirds being in the affirma- be taken in the following order: Campbell Gohmert Lipinski tive) the rules were suspended and the H.R. 1089 by the yeas and nays; Cantor Gonzalez LoBiondo bill, as amended, was passed. S. 896 by the yeas and nays; Cao Goodlatte Loebsack Capito Gordon (TN) Lofgren, Zoe The result of the vote was announced H. Res. 360 by the yeas and nays. Capps Granger Lowey as above recorded. The first electronic vote will be con- Capuano Graves Lucas The title was amended so as to read: ducted as a 15-minute vote. Remaining Carnahan Grayson Luetkemeyer ‘‘A bill to amend title 38, United States electronic votes will be conducted as 5- Carney Green, Al Luja´ n Carson (IN) Green, Gene Lummis Code, to provide for the enforcement minute votes. Carter Griffith Lungren, Daniel through the Office of Special Counsel f Cassidy Grijalva E. of the employment and reemployment Castle Guthrie Lynch rights of veterans and members of the VETERANS EMPLOYMENT RIGHTS Castor (FL) Gutierrez Mack Chaffetz Hall (NY) Maffei Armed Forces employed by Federal ex- REALIGNMENT ACT OF 2009 Chandler Hall (TX) Maloney ecutive agencies, and for other pur- The SPEAKER pro tempore. The un- Childers Halvorson Manzullo poses.’’. Clarke Hare Marchant finished business is the vote on the mo- Clay Harman Markey (CO) A motion to reconsider was laid on tion to suspend the rules and pass H.R. Cleaver Harper Markey (MA) the table. Clyburn Hastings (FL) Marshall 1089, as amended, on which the yeas f and nays are ordered. Coble Hastings (WA) Massa Coffman (CO) Heinrich Matheson HELPING FAMILIES SAVE THEIR The Clerk will report the title of the Cohen Heller Matsui bill. Cole Hensarling McCarthy (CA) HOMES ACT OF 2009 The SPEAKER pro tempore. The Conaway Herger McCarthy (NY) The SPEAKER pro tempore. The un- Connolly (VA) Herseth Sandlin McCaul question is on the motion offered by Conyers Higgins McClintock finished business is the vote on the mo- the gentleman from California (Mr. Cooper Hill McCollum tion to suspend the rules and pass the

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12797 Senate bill, S. 896, as amended, on McGovern Platts Smith (NE) A motion to reconsider was laid on McHugh Polis (CO) Smith (NJ) which the yeas and nays were ordered. McIntyre Pomeroy Smith (TX) the table. The Clerk read the title of the Senate McKeon Posey Smith (WA) Stated against: bill. McMahon Price (NC) Snyder Mr. RYAN of Wisconsin. Mr. Speaker, on McMorris Putnam Souder rollcall No. 271 I was unavoidably detained. The SPEAKER pro tempore. The Rodgers Quigley Space question is on the motion offered by McNerney Rahall Spratt Had I been present, I would have voted ‘‘nay.’’ Meek (FL) Rangel Stearns the gentleman from Massachusetts f (Mr. FRANK) that the House suspend Meeks (NY) Rehberg Sullivan Melancon Reichert Sutton the rules and pass the Senate bill, S. Mica Reyes Tanner PERSONAL EXPLANATION 896, as amended. Michaud Richardson Tauscher Mr. HONDA. Mr. Speaker, on rollcall Nos. This will be a 5-minute vote. Miller (MI) Rodriguez Teague Miller (NC) Roe (TN) Terry 270 and 271, had I been present, I would The vote was taken by electronic de- Miller, Gary Rogers (AL) Thompson (CA) have voted ‘‘yea.’’ vice, and there were—yeas 367, nays 54, Miller, George Rogers (KY) Thompson (MS) answered ‘‘present’’ 1, not voting 11, as Minnick Rogers (MI) Thompson (PA) f follows: Mitchell Rooney Tiahrt Mollohan Ros-Lehtinen Tiberi URGING VISITS TO CEMETERIES [Roll No. 271] Moore (KS) Roskam Tierney ON MEMORIAL DAY Moore (WI) Ross Titus YEAS—367 Moran (KS) Rothman (NJ) Tonko The SPEAKER pro tempore. The un- Abercrombie Costa Hinchey Moran (VA) Roybal-Allard Towns finished business is the vote on the mo- Ackerman Costello Hinojosa Murphy (CT) Ruppersberger Tsongas Aderholt Courtney Hirono Murphy (NY) Rush Turner tion to suspend the rules and agree to Adler (NJ) Crenshaw Hodes Murphy, Patrick Ryan (OH) Upton the resolution, H. Res. 360, on which Alexander Crowley Hoekstra Murphy, Tim Salazar Van Hollen the yeas and nays were ordered. Altmire Cuellar Holden Murtha Sanchez, Loretta Vela´ zquez Andrews Cummings Holt Myrick Sarbanes Visclosky The Clerk read the title of the resolu- Arcuri Dahlkemper Hoyer Nadler (NY) Scalise Walden tion. Austria Davis (AL) Hunter Napolitano Schakowsky Walz The SPEAKER pro tempore. The Baca Davis (CA) Inslee Neal (MA) Schauer Wamp question is on the motion offered by Bachus Davis (IL) Israel Nunes Schiff Wasserman Baird Davis (KY) Jackson (IL) Nye Schmidt Schultz the gentleman from California (Mr. Baldwin Davis (TN) Jackson-Lee Oberstar Schock Waters FILNER) that the House suspend the Barrow DeFazio (TX) Obey Schrader Watson rules and agree to the resolution, H. Bean DeGette Jenkins Olver Schwartz Watt Becerra DeLauro Johnson (GA) Ortiz Scott (GA) Waxman Res. 360. Berkley Dent Johnson (IL) Pallone Scott (VA) Weiner This will be a 5-minute vote. Berman Diaz-Balart, L. Johnson, E. B. Pascrell Serrano Welch The vote was taken by electronic de- Berry Dicks Jones Pastor (AZ) Sestak Wexler vice, and there were—yeas 422, nays 0, Biggert Dingell Kagen Paulsen Shea-Porter Wilson (OH) Bilbray Doggett Kanjorski Payne Sherman Wilson (SC) not voting 11, as follows: Bilirakis Donnelly (IN) Kennedy Perlmutter Shimkus Wittman [Roll No. 272] Bishop (GA) Doyle Kildee Perriello Shuler Wolf Bishop (NY) Dreier Kilpatrick (MI) Peters Shuster Woolsey YEAS—422 Bishop (UT) Driehaus Kilroy Peterson Simpson Wu Abercrombie Brown-Waite, Deal (GA) Blumenauer Edwards (MD) Kind Petri Sires Yarmuth Ackerman Ginny DeFazio Blunt Edwards (TX) King (NY) Pingree (ME) Skelton Young (AK) Aderholt Buchanan DeGette Boccieri Ehlers Kirk Pitts Slaughter Young (FL) Adler (NJ) Burgess DeLauro Boehner Ellison Kirkpatrick (AZ) Akin Burton (IN) Dent Bonner Ellsworth Kissell NAYS—54 Alexander Butterfield Diaz-Balart, L. Bono Mack Emerson Klein (FL) Akin Gingrey (GA) Miller (FL) Altmire Buyer Diaz-Balart, M. Boozman Engel Kline (MN) Bachmann Gohmert Neugebauer Andrews Calvert Dicks Boren Eshoo Kosmas Bartlett Hall (TX) Olson Arcuri Camp Dingell Boswell Etheridge Kratovil Barton (TX) Harper Paul Austria Campbell Doggett Boucher Fallin Kucinich Blackburn Hensarling Pence Baca Cantor Donnelly (IN) Boustany Farr Lance Brady (TX) Inglis Poe (TX) Bachmann Cao Doyle Boyd Fattah Langevin Broun (GA) Issa Price (GA) Bachus Capito Dreier Braley (IA) Filner Larsen (WA) Burgess Johnson, Sam Radanovich Baird Capuano Driehaus Bright Fleming Larson (CT) Burton (IN) Jordan (OH) Rohrabacher Baldwin Carnahan Duncan Carney Brown (SC) Forbes Latham Campbell King (IA) Royce Barrow Edwards (MD) Brown, Corrine Fortenberry LaTourette Carson (IN) Edwards (TX) Conaway Kingston Sensenbrenner Bartlett Brown-Waite, Foster Latta Carter Ehlers Culberson Lamborn Sessions Barton (TX) Ginny Frank (MA) Lee (CA) Cassidy Ellison Deal (GA) Linder Shadegg Bean Buchanan Frelinghuysen Lee (NY) Castle Ellsworth Duncan Lofgren, Zoe Stupak Becerra Butterfield Fudge Levin Castor (FL) Emerson Flake Mack Taylor Berkley Calvert Gallegly Lewis (CA) Foxx Marchant Thornberry Chaffetz Engel Berman Camp Gerlach Lewis (GA) Franks (AZ) McClintock Westmoreland Chandler Eshoo Berry Cantor Giffords Lipinski Garrett (NJ) McHenry Whitfield Childers Etheridge Cao Gonzalez LoBiondo Biggert Clarke Fallin Capito Goodlatte Loebsack ANSWERED ‘‘PRESENT’’—1 Bilbray Clay Farr Bilirakis Capps Gordon (TN) Lowey Kaptur Cleaver Fattah Capuano Granger Lucas Bishop (GA) Clyburn Filner Carnahan Graves Luetkemeyer NOT VOTING—11 Bishop (NY) Coble Flake Carney Grayson Luja´ n Bishop (UT) Coffman (CO) Fleming Barrett (SC) Delahunt Sa´ nchez, Linda Carson (IN) Green, Al Lummis Blackburn Cohen Forbes Brady (PA) Diaz-Balart, M. T. Carter Green, Gene Lungren, Daniel Blumenauer Cole Fortenberry Buyer Honda Speier Cassidy Griffith E. Blunt Conaway Foster Cardoza Ryan (WI) Stark Castle Grijalva Lynch Boccieri Connolly (VA) Foxx Castor (FL) Guthrie Maffei ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boehner Conyers Frank (MA) Chaffetz Gutierrez Maloney Bonner Cooper Franks (AZ) Chandler Hall (NY) Manzullo The SPEAKER pro tempore (during Bono Mack Costa Frelinghuysen Childers Halvorson Markey (CO) the vote). There are 2 minutes remain- Boozman Costello Fudge Clarke Hare Markey (MA) ing. Boren Courtney Gallegly Clay Harman Marshall Boswell Crenshaw Garrett (NJ) Cleaver Hastings (FL) Massa Boucher Crowley Gerlach Clyburn Hastings (WA) Matheson b 1441 Boustany Cuellar Giffords Coble Heinrich Matsui Boyd Culberson Gingrey (GA) Coffman (CO) Heller McCarthy (CA) So (two-thirds being in the affirma- Brady (TX) Cummings Gohmert Cohen Herger McCarthy (NY) tive) the rules were suspended and the Braley (IA) Dahlkemper Gonzalez Cole Herseth Sandlin McCaul Senate bill, as amended, was passed. Bright Davis (AL) Goodlatte Connolly (VA) Higgins McCollum Broun (GA) Davis (CA) Gordon (TN) Conyers Hill McCotter The result of the vote was announced Brown (SC) Davis (IL) Granger Cooper Himes McDermott as above recorded. Brown, Corrine Davis (KY) Graves

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12798 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Grayson Manzullo Rooney NOT VOTING—11 This local and State funding represents Green, Al Marchant Ros-Lehtinen Barrett (SC) Delahunt Stark some of the most important stimulus Green, Gene Markey (CO) Roskam Brady (PA) Heller Vela´ zquez Griffith Markey (MA) Ross funding, because it is protecting the Capps Sa´ nchez, Linda Grijalva Marshall Rothman (NJ) Cardoza T. jobs of teachers, firefighters, police of- Massa Guthrie Roybal-Allard Davis (TN) Speier ficers, as well as essential human serv- Gutierrez Matheson Royce ices, across the country. Hall (NY) Matsui Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE I commend Chairman TOWNS for his Hall (TX) McCarthy (CA) Rush The SPEAKER pro tempore (during Halvorson McCarthy (NY) leadership and commend my colleagues Ryan (OH) the vote). There are 2 minutes remain- Hare McCaul Ryan (WI) for the passage of H.R. 2182. Harman McClintock Salazar ing in this vote. Harper McCollum Sanchez, Loretta f 1449 Hastings (FL) McCotter Sarbanes b DON’T SACRIFICE TWO GOOD-PAY- Hastings (WA) McDermott Scalise So (two-thirds being in the affirma- ING AMERICAN MANUFACTURING Heinrich McGovern Schakowsky Hensarling McHenry Schauer tive) the rules were suspended and the JOBS TO CREATE ONE ‘‘GREEN’’ Herger McHugh Schiff resolution was agreed to. JOB Herseth Sandlin McIntyre Schmidt The result of the vote was announced (Mr. ROE of Tennessee asked and was Higgins McKeon Schock as above recorded. Hill McMahon given permission to address the House Schrader A motion to reconsider was laid on Himes McMorris Schwartz for 1 minute and to revise and extend Hinchey Rodgers Scott (GA) the table. Hinojosa McNerney his remarks.) Scott (VA) Stated for: Mr. ROE of Tennessee. Mr. Speaker, Hirono Meek (FL) Sensenbrenner Mrs. CAPPS. Mr. Speaker, on rollcall No. Hodes Meeks (NY) this week the House Democrats on the Serrano 272, had I been present, I would have voted Hoekstra Melancon Sessions Energy and Commerce Committee are Holden Mica Sestak ‘‘yea.’’ Holt Michaud marking up a more aggressive cap-and- Shadegg f tax bill than what even the President Honda Miller (FL) Shea-Porter Hoyer Miller (MI) Sherman APPOINTMENT OF MEMBERS TO had proposed. On the campaign trail Hunter Miller (NC) Shimkus COMMISSION ON SECURITY AND last year, the President said his plan Inglis Miller, Gary Shuler would cause electric rates to sky- Inslee Miller, George Shuster COOPERATION IN EUROPE Israel Minnick rocket, and the bill being considered Simpson The SPEAKER pro tempore (Mr. Issa Mitchell Sires this week will cause electric utilities UELLAR Jackson (IL) Mollohan Skelton C ). Pursuant to 22 U.S.C. 3003, even more disruption than what the Jackson-Lee Moore (KS) Slaughter and the order of the House of January President proposed. (TX) Moore (WI) Smith (NE) 6, 2009, the Chair announces the Speak- Jenkins Moran (KS) Individuals and businesses every- Smith (NJ) er’s appointment of the following Mem- Johnson (GA) Moran (VA) Smith (TX) where need to start paying attention to Johnson (IL) Murphy (CT) Smith (WA) bers of the House to the Commission on the threat this bill poses. The non- Johnson, E. B. Murphy (NY) Snyder Security and Cooperation in Europe: partisan Congressional Budget Office Johnson, Sam Murphy, Patrick Souder Mr. HASTINGS, Florida, co-chairman Jones Murphy, Tim estimated such a plan would increase Space Mr. MARKEY, Massachusetts Jordan (OH) Murtha Spratt the average household’s electric bill by LAUGHTER Kagen Myrick Stearns Ms. S , New York $1,600 per year. Kanjorski Nadler (NY) Stupak Mr. MCINTYRE, North Carolina Kaptur Napolitano Since the bill requires no concessions Sullivan Mr. BUTTERFIELD, North Carolina from developing countries, businesses Kennedy Neal (MA) Sutton Neugebauer Mr. SMITH, New Jersey Kildee Tanner like Eastman in Kingsport, Tennessee, Kilpatrick (MI) Nunes DERHOLT Tauscher Mr. A , Alabama who are engaged in a tooth-and-nail Kilroy Nye Taylor Mr. PITTS, Pennsylvania Kind Oberstar competition with China, can’t pass in- Teague Mr. ISSA, California King (IA) Obey creased energy costs on to consumers Terry King (NY) Olson Thompson (CA) f and maintain their market share, Kingston Olver Thompson (MS) which means that employees could lose Kirk Ortiz Thompson (PA) ENHANCED OVERSIGHT OF STATE Kirkpatrick (AZ) Pallone their jobs if this bill passes. Thornberry AND LOCAL ECONOMIC RECOV- Kissell Pascrell I urge those on the other side of the Tiahrt Klein (FL) Pastor (AZ) ERY ACT Tiberi aisle not to sacrifice two good-paying Kline (MN) Paul Tierney (Mr. CONNOLLY of Virginia asked American manufacturing jobs to create Kosmas Paulsen Kratovil Payne Titus and was given permission to address one ‘‘green’’ job. Tonko Kucinich Pence the House for 1 minute and to revise f Lamborn Perlmutter Towns and extend his remarks.) Tsongas Lance Perriello Mr. CONNOLLY of Virginia. Mr. PASSAGE OF HELPING FAMILIES Langevin Peters Turner SAVE THEIR HOMES ACT Larsen (WA) Peterson Upton Speaker, I rise to thank my colleagues Larson (CT) Petri Van Hollen for favorable consideration of H.R. 2182, (Ms. MOORE of Wisconsin asked and Latham Pingree (ME) Visclosky the Enhanced Oversight of State and was given permission to address the Walden LaTourette Pitts Local Economic Recovery Act. I was House for 1 minute and to revise and Latta Platts Walz Lee (CA) Poe (TX) Wamp pleased to cosponsor this legislation, extend her remarks.) Lee (NY) Polis (CO) Wasserman which was introduced by the chairman Ms. MOORE of Wisconsin. Mr. Speak- Levin Pomeroy Schultz of the Oversight and Government Re- er, I am so pleased that Senate bill S. Waters Lewis (CA) Posey form Committee. 896 included the first major reauthor- Lewis (GA) Price (GA) Watson Linder Price (NC) Watt At a hearing of that committee, we ization of the McKinney-Vento home- Lipinski Putnam Waxman learned that dedicated oversight fund- lessness bill. I have worked diligently LoBiondo Quigley Weiner ing for State and local governments on this bill with Representative Loebsack Radanovich Welch Lofgren, Zoe Rahall Westmoreland could improve oversight of money ap- WATERS for over a year, particularly on Lowey Rangel Wexler propriated through the American Re- provisions that would expand the defi- Lucas Rehberg Whitfield covery and Reinvestment Act. Subse- nition of homelessness and give agen- Luetkemeyer Reichert Wilson (OH) quently, I introduced legislation, H.R. cies more flexibility so that they could Luja´ n Reyes Wilson (SC) Lummis Richardson Wittman 1911, which would provide for that over- assist folks who are at risk of becom- Lungren, Daniel Rodriguez Wolf sight funding within the Recovery Act. ing homeless within 14 days. E. Roe (TN) Woolsey H.R. 2182 incorporates the objectives I want to thank Congresswoman Wu Lynch Rogers (AL) of that bill and will provide additional WATERS, Congressman FRANK for their Mack Rogers (KY) Yarmuth Maffei Rogers (MI) Young (AK) certainty that money spent through leadership, also to thank Representa- Maloney Rohrabacher Young (FL) the economic stimulus is spent wisely. tive BIGGERT, Representative JEFF

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DAVIS and Representative ANDRE CAR- the next election cycle. Now is the tleman from Texas (Mr. POE) is recog- SON. time to think about those who can’t nized for 5 minutes. Too many families in today’s reces- vote yet but will have to breathe the Mr. POE of Texas. Mr. Speaker, we sion are just one paycheck away from air, drink the water, and pay the debts have talked a lot about the different making their rent, and we have seen we leave behind. Now is the time to entities that don’t pay their bills, but hundreds of thousands of foreclosures, work together to make big plans on ro- the U.S. Federal Government is also a many more expected this year. These bust climate change based on verifica- culprit that does not pay its bills. Let families are also at grave risk of be- tion, sustainability, and renewable en- me explain. coming homeless. ergy. The 9/11 Families for a Secure Amer- This provision also will serve victims As we think about what to do with ica Organization say that 32 percent of of domestic violence trying to flee our time here in Congress, let me leave all people incarcerated in the United their abusers. It will allow families to you with an old Irish blessing: May States for crimes other than immigra- seek emergency shelter due to the im- there be a generation of children, on tion violations are in the United States minent loss of their housing. It gives the children of your children. illegally! With Texas being a border local homeless agencies greater re- f State, we get a lot more of these crimi- sources and flexibility. nals in our jails than the rest of the GLOBAL WARMING JUST ISN’T f country. PANNING OUT THE WAY THE The administration wants to elimi- REMEMBERING THE LIFE OF LEFT THOUGHT IT WOULD BE nate a program that helps Texas pay COACH CHUCK DALY (Mr. KINGSTON asked and was given for keeping these criminals in jail. It’s (Mr. THOMPSON of Pennsylvania permission to address the House for 1 called the SCAAP program. We have asked and was given permission to ad- minute and to revise and extend his re- porous borders because the Federal dress the House for 1 minute and to re- marks.) Government does not secure those bor- vise and extend his remarks.) Mr. KINGSTON. The icon on the left, ders. When a criminal alien sneaks into Mr. THOMPSON of Pennsylvania. Al Gore, spent millions of dollars, of the United States, commits a crime, Mr. Speaker, today I honor a man who course of other people’s money, talking the State government must be finan- held his first position as a head coach to everybody about global warming. cially responsible for the capture and at Punxsutawney High School in my And it was embraced with great pas- trial of that individual, not the Federal district, coaching the Chucks. You will sion by the left, global warming, global Government, even though border secu- recognize the name of this coach, warming, global warming. But then rity is a Federal responsibility. That Chuck Daly, and realize some of his when their own scientists peeled off forces Texas to foot the bill for their fame came much later when he led the and said it doesn’t look like it’s going medical care and feeding them and Detroit Pistons to two National Bas- to quite trend the way we think it is, housing them in jail. Sometimes Texas ketball Association titles. what did they do? They pivoted. Well, taxpayers are on the hook for paying This is a man who was voted one of they just mean climate change in gen- for their lawyer and other related the 10 greatest coaches of the NBA’s eral. I say that as somebody who rode costs. first half century in 1996, 2 years after his bike to work today, 49 degrees in The State Criminal Alien Assistance being inducted into the Basketball Hall the middle of May. I guess the global Program, the SCAAP Program, doesn’t of Fame. He was the first basketball warming just isn’t panning out the way even come close to covering the cost of coach to win both NBA and Olympic ti- it should be. keeping these criminal aliens in Texas tles, and he led the Dream Team to But not to be bothered by it, the left prisons, but it helps. However, the ad- gold in the 1992 Olympics. is going to continue with their cap- ministration wants to take away what Daly, who died May 9 at the age of 78 and-tax proposal, reducing emissions to little the Federal Government does in Jupiter, Florida, will be honored by 80 percent of what they were in Amer- send to Texas and other border States, basketball legends and eulogized by ica in 1910, when we had 92 million thus making the cost of border crime members of professional teams. Americans. And what’s it going to cost the responsibility of State govern- But in Pennsylvania, we remember you taxpayers? $1,500 a household, be- ments rather than the Federal Govern- that he was born in St. Mary’s, Penn- cause do you think your good old ment. sylvania, attended Kane Area High friendly utility and gas company is Texas Governor Rick Perry today School and Bloomsburg State. We re- just going to absorb this new tax on sent a letter to the President asking member that he led Pennsylvania Uni- them? Of course not. him to reconsider cutting the SCAAP versity to a 125–38 record in six seasons. Businesses aren’t going to pay taxes program. As a practical matter, I side In short, today we honor a hometown over the long run. It’s a function of with the notion the Federal budget boy. cost, which is going to be passed on to should be cut. There’s enough waste in f the consumer; $1,500 per household, and the budget this year to keep the bu- they’re going to exclude nuclear energy reaucrats busy for years trying to weed NEW MILEAGE STANDARDS which is good enough for four out of it all out. But this is not an example of (Mr. QUIGLEY asked and was given five houses in France but not here in wasteful spending, far from it. This ex- permission to address the House for 1 the Obama administration and the pense is because the Federal Govern- minute and to revise and extend his re- America that they want it to be. ment refuses to secure the borders and, marks.) f thus, border States are stuck with the Mr. QUIGLEY. Mr. Speaker, I wish to cost of crime created by foreign nation- b 1500 thank President Obama for announcing als and housing them after they are new mileage standards which will re- SPECIAL ORDERS convicted. duce carbon emissions 30 percent by The SPEAKER pro tempore. Under The Texas Department of Criminal 2016 and reduce our dependence on for- the Speaker’s announced policy of Jan- Justice reports it cost Texas taxpayers eign oil. uary 6, 2009, and under a previous order $143 million to keep over 13,000 crimi- Another great Chicagoan, Daniel of the House, the following Members nal aliens in Texas prisons just last Burnham, once said, ‘‘Make no little will be recognized for 5 minutes each. year. These are major crimes. These plans; they have no magic to stir men’s f are felonies. The SCAAP program the blood.’’ bureaucrats want to eliminate only Well, now is the time for us to make FOREIGN NATIONALS IN STATE paid $18 million of these costs. These big plans on behalf of generations we PRISONS COST TOO MUCH criminal aliens serving time in Texas will never live to see. Now is the time The SPEAKER pro tempore. Under a are not there for an overnight stay. to broaden our attention span beyond previous order of the House, the gen- They are in prison for violent crimes

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12800 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 like rape, murder, kidnapping, and North Willys bought the Pope Motor Henry Kissinger, whose secret U.S.- child abuse. Instead of eliminating the Company factory and started turning Saudi agreements were signed through Federal program that helps pay for out automobiles in our region. the Treasury to denominate Middle these costs, it ought to be expanded, or When General George Marshall or- East oil sales in dollars, thus assuring the Federal Government should take dered production of a rough-and-ready petro dollar reinvestment in this coun- these prisoners. vehicle for American troops to win try’s financial system and saddling the Here’s an idea. How about we send World War II, Willys won the competi- American people with gas hogs for these criminal aliens to the Federal fa- tion, and we made hundreds of thou- years to come, because gas hogs meant cility in Gitmo? I hear there may be sands of Jeeps in Toledo, and we con- more oil sales. The more oil sold, the some room in that facility soon. It’s a tinue to do that today. Toledo workers more Wall Street got petro dollars to nice place as far as Federal prisons go. make the best-known brand in the recirculate. I’ve been there and have seen it for my- world. Gradually, we became more and more self. They play soccer. They have hot Control of Chrysler, however, went to embroiled in the Middle East, where meals that are fit for a Sunday dinner Daimler, and then to an uncaring our troops stand today, over 150,000 of table. There’s plenty of sunshine and hedge fund known as Cerberus. them. And more energy-efficient cars fresh air, quite a step up from the over- Who is Cerberus? No one knows. would mean less deployment of U.S. crowded prisons in Texas and other Worse yet, Cerberus even has a seat on troops to places they shouldn’t be in border States. the trust created to handle the United the first place. But Wall Street doesn’t Or we should charge foreign coun- Auto Workers’ 55 percent investment like that game. They’d lose too much tries the costs of housing their citizens in Chrysler. But the UAW doesn’t even money and their greed would not be that are illegally in the United States have a seat, and it’s their money. fed. that have committed felonies. If they Wall Street, again, will call the Beyond diminishing our Nation’s in- won’t pay up, we can cut off their visas shots, not the people whose money novation, this dependence also wed our until they do pay up. Or, in most cases, they hold. country to a diminishing resource we should just deduct the cost of hous- By the late 1990s, the auto companies found in these unstable, undemocratic ing these criminal foreign nationals were profitable on paper, but only nations. For too long, it is has com- from the foreign aid we send that coun- through their financing arms, because promised the integrity of the industrial try. their Wall Street handlers had rigged might of regions like I represent in a State citizens have paid enough to a the Tax Code, through this place, to critical sector of our economy, as well system that houses foreign nationals in benefit car leasing, fleet leasing, and as our defense base. What great industrial Nation does our prisons that have committed financial activities. And you can trace not have a thriving automotive and ve- crimes in the United States. Foreign the recent demise of GM and Chrysler, discounting the equally devastating hicular sector? countries should pay for the crime of Wall Street continues to sell out our trade and tax policies that bore down their nationals, or our Federal Govern- heartland. Let me repeat that. Wall on them, to the year that they became ment should pay. And since we’re Street continues to sell out our heart- financing companies, not production strapped right now because of the Fed- land, sell out our companies, sell out eral tax and borrow and spend and companies. our workers. I hope the American peo- Wall Street started to accumulate spend program, we should even con- ple begin paying attention to whom and milk the wealth of these firms. sider deducting our cost of the annual really has the reins of power in this dues to the United Nations to pay for When GMAC became a mortgage lender country, and it’s time the American incarceration of foreign nationals that and sucked into Wall Street’s subprime people reassumed that power to them- have committed crimes in the United lending in the late 1990s, then acquired selves. States. Now, there’s a plan that might by Cerberus, their fate was sealed. f work. Chrysler Financing is now subsumed And that’s just the way it is. under Cerberus, too, as has been GMAC PANAMA FREE TRADE f for quite a while. AGREEMENT It is true that the public wanted WALL STREET ROUND 2: HEART- The SPEAKER pro tempore. Under a more energy-efficient vehicles, and the previous order of the House, the gen- LAND INDUSTRIALISTS VS. Big Three failed to produce them. How- WALL STREET FINANCIERS tleman from North Carolina (Mr. ever, this goes back to management JONES) is recognized for 5 minutes. The SPEAKER pro tempore. Under a who were in cahoots with Wall Street Mr. JONES. Mr. Speaker, I rise today previous order of the House, the gentle- and the role of Big Oil. to discuss the proposed United States- woman from Ohio (Ms. KAPTUR) is rec- You can look at all of the green pat- Panama Free Trade Agreement. ognized for 5 minutes. ents that these firms filed, evidence of It is very disappointing to see that Ms. KAPTUR. Mr. Speaker, who the industrial people, men and women the President intends to follow the bro- thrust Chrysler into bankruptcy? A few inside these companies trying to beat ken trade agreement of the previous Wall Street investors who wanted more back the Wall Street house. administration by pushing Congress to return on their investment as opposed Why, in Europe, are the majority of approve the Panama Free Trade Agree- to taking the government’s deal. cars diesel, but not here? ment. Who can’t get loans to pay their em- Why, in Brazil, are flex-fuel vehicles We’ve had 15 years of the ‘‘NAFTA- ployees or retool their businesses in made by GM the norm but not here? based’’ trade model on which the Pan- this new economy? Heartland industri- I will tell you why. Because lots of ama agreement is based, and the re- alists. people made money off the ‘‘gas hog’’ sults are in. We now have a $127 billion Throughout our country, and espe- cars of America. Global oil companies annual trade deficit with Mexico and cially in regions where manufacturing certainly did. And as oil companies the other 15 nations with which we built the middle class, the credit crisis merged and went global, many Arab have free trade agreements. Since the has subjugated production to Wall sheiks got filthy rich by recirculating passage of NAFTA, the United States Street financiers. The warning signs their petro dollars through, guess has lost over 4.5 million manufacturing were present when the Big Three auto- where, our own Wall Street houses. jobs, over 364,000 in my home State of makers were changed from production Their wealth grew so huge they con- North Carolina alone. companies to cash cows and trans- stitute one-seventh of reinvested global We’re in the worst recession since the formed into financing companies back capital that today props up our econ- Great Depression. Unemployment is in the 1990s. omy. rising and may soon be over 10 percent. In Toledo, Ohio, automobile produc- This goes way back to the time of The last thing this country needs is an- tion started 100 years ago when John Richard Nixon and Secretary of State other free trade agreement that will

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12801 cause more good-paying American jobs b 1515 quickly refresh our memories and once to be outsourced. But sadly, that’s ex- CURRENT CONDITIONS OR JUST A again reinvigorate our love, under- actly what the Panama agreement will BAD DREAM standing, and confidence in liberty. do. The status quo cannot be maintained, Why is that the case? One of the pri- The SPEAKER pro tempore. Under a considering the current conditions. Vi- mary reasons is because the deal fails previous order of the House, the gen- olence and lost liberty will result with- to level the playing field for U.S. pro- tleman from Texas (Mr. PAUL) is recog- out some revolutionary thinking. ducers. Let me give you one product as nized for 5 minutes. We must escape from the madness of an example: seafood. Mr. PAUL. Could it all be a bad crowds now gathering. The good news One of the biggest industries in my dream, or a nightmare? Is it my imagi- is the reversal is achievable through district is commercial fishing. The sec- nation, or have we lost our minds? It’s peaceful and intellectual means and, tor has been hammered by a flood of surreal; it’s just not believable. A fortunately, the number of those who imports from overseas, including Pan- grand absurdity; a great deception, a care are growing exponentially. ama. Panama’s number one export to delusion of momentous proportions; Of course, it could all be a bad dream, the United States is fish and seafood. based on preposterous notions; and on a nightmare, and that I’m seriously They export over $100 million worth of ideas whose time should never have mistaken, overreacting, and that my fish and seafood to the United States come; simplicity grossly distorted and worries are unfounded. I hope so. But each year. That’s more than 50 times complicated; insanity passed off as just in case, we ought to prepare our- the amount that the United States ex- logic; grandiose schemes built on false- selves for revolutionary changes in the ports to Panama. Their top exports in- hoods with the morality of Ponzi and not-too-distant future. clude products that compete with sea- Madoff; evil described as virtue; igno- f food caught by North Carolina fisher- rance pawned off as wisdom; destruc- men, including shrimp and yellow fin tion and impoverishment in the name SECRET BALLOT tuna. of humanitarianism; violence, the tool The SPEAKER pro tempore. Under a With the Panamanians already hav- of change; preventive wars used as the previous order of the House, the gen- ing a huge advantage over United road to peace; tolerance delivered by tleman from Kansas (Mr. MORAN) is States fishermen in terms of balance of government guns; reactionary views in recognized for 5 minutes. trade, one would think that the least the guise of progress; an empire replac- Mr. MORAN of Kansas. The secret that the United States negotiators ing the Republic; slavery sold as lib- ballot is fundamental to free and fair could insist upon would be a level play- erty; excellence and virtue traded for elections—and they’re the hallmark of ing field so that our fishermen could mediocracy; socialism to save cap- the democratic process. Most every have the same ability to access the italism; a government out of control, time Americans go to the polls to vote, Panamanian market as their fishermen unrestrained by the Constitution, the they do so by the means of a secret bal- have to our markets. Sadly, that is not rule of law, or morality; bickering over lot. Secret ballots protect the voter’s the case. petty politics as we collapse into privacy and allow the individual to According to the United States Inter- chaos; the philosophy that destroys us vote his or her conscience without fear national Trade Administration, ‘‘while is not even defined. of reprisal from those who disagree 100 percent of U.S. imports from Pan- We have broken from reality—a psy- with the voter’s decision. ama will receive duty-free treatment chotic Nation. Ignorance with a pre- As a Nation, we celebrate when the immediately upon implementation of tense of knowledge replacing wisdom. citizens of other countries who were the agreement, only 82 percent of U.S. Money does not grow on trees, nor does previously denied to vote in free and exports to Panama will receive duty- prosperity come from a government fair elections are finally able to do so. free treatment immediately upon im- printing press or escalating deficits. We watched with pride several years plementation.’’ Duties on most of the We’re now in the midst of unlimited ago as Iraqis braved terrorist threats remaining 18 percent of U.S. exports to spending of the people’s money, exorbi- Panama would not be eliminated for 10 to cast their vote by secret ballot. tant taxation, deficits of trillions of Mr. Speaker, if the secret ballot is years. Now, how is that a level playing dollars—spent on a failed welfare/war- used by Americans in local, State, and field? The simple answer is it is not a fare state; an epidemic of cronyism; Federal elections, if the secret ballot is level playing field, and the unfortunate unlimited supplies of paper money used by citizens of other nations for result of provisions like this would be equated with wealth. which American soldiers have sac- the loss of even more United States A central bank that deliberately de- rificed, don’t American workers also jobs. stroys the value of the currency in se- deserve this fundamental right? Mr. Speaker, poorly negotiated trade crecy, without restraint, without nary If you can ask Kansans, they will deals with Panama are one of the main a whimper. Yet, cheered on by the say, Yes, workers do deserve the right reasons our country finds its produc- pseudo-capitalists of Wall Street, the to a secret ballot election. A recent tion base shriveling, our unemploy- military industrial complex, and De- poll found that 65 percent of Kansans ment rolls rising, and our economy in troit. surveyed believe that the secret ballot shambles. We police our world empire with should remain in use for union orga- Passing this agreement is bad for troops on 700 bases and in 130 countries nizing. America, especially at this perilous around the world. A dangerous war now Yet, despite the centrality of the se- economic time, and I would encourage spreads throughout the Middle East cret ballot to our conception of fair- this administration to rethink its posi- and Central Asia. Thousands of inno- ness and public support for its use, tion before it asks Congress to approve cent people being killed, as we become many in Congress are pushing for the this Panamanian trade agreement. known as the torturers of the 21st cen- passage of legislation that would do Mr. Speaker, with that, before I tury. away with this longstanding principle. close, I do want to ask God to continue We assume that by keeping the al- In its place, the Employee Free Choice to bless our men and women in uniform ready-known torture pictures from the Act would allow unions to form if a in Afghanistan and Iraq. I want to ask public’s eye, we will be remembered majority of workers signed authoriza- God to please bless the families who only as a generous and good people. If tion cards—a process known as ‘‘card have given a child dying for freedom in our enemies want to attack us only be- check.’’ Afghanistan and Iraq. And I close by cause we are free and rich, proof of tor- Without giving workers the protec- asking God to give wisdom and ture would be irrelevant. tion of a secret ballot, each person’s strength to the President of the United The sad part of all this is that we choice would be known to others. It is States. And I ask God to continue to have forgotten what made America not unreasonable to believe that those bless America. great, good, and prosperous. We need to who choose not to sign authorization

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12802 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 cards would be subject to intimidation Germany, as well as throughout the Also disappointing is the fact that and coercion. world. the Democrats’ national energy tax While this should be reason enough Some creative and generous pilots will hit the poor the hardest. Experts to defeat the Employee Free Choice even found a heartwarming way to con- agree that lower-income individuals Act, the legislation is further flawed. nect with the children of Berlin during spend a greater share of their income Provisions within the legislation re- those airlifts. As they carpeted the on energy consumption. So while every quire a mandatory arbitration process streets of Berlin with chocolates and American will be paying more for en- that would allow the Federal Govern- candy, they drew the hearts and minds ergy, low-income households already ment to dictate contract terms on of many children to goodness and lib- living on the edge of desperation will businesses if a first contract is not erty rather than the pervasive Com- be hurt even more. agreed to within 120 days. The contract munist propaganda that sought to turn The truth is President Obama is would be binding for 2 years and would them against the West. aware of the impact his energy plan cover decisions that are best left to The goodwill of this so-called ‘‘Oper- will have on American families. While company leaders that understand the ation Little Vittles’’ has carried for- still a candidate for President, then- specifics of that business and are most ward to the streets of Baghdad today, Senator Obama said that under his cap- familiar with the competitive forces where many of our soldiers relish op- and-tax plan, utility rates would nec- that the business faces. portunities to brighten the lives of essarily skyrocket and said that those In these difficult economic times, the Iraqi children as well. costs would be passed along to con- government-imposed and -written con- As we celebrate the 60th anniversary sumers. tracts would have an especially dev- of the Berlin Airlift, let us remember The impact of this national energy the veterans who exemplified our high- astating impact on businesses that tax will not only be seen in home util- est ideals of brilliance and innovation would further delay our economic re- ity bills or at the pump, but various es- in air defense, and whose integrity and covery. Allowing the government to timates suggest that anywhere from 1.8 dedication to liberty have inspired so impose contracts on private firms and million to 7 million Americans could many vulnerable people throughout the their workers would effectively allow lose their jobs as well. world. Their example renews our faith the government to pick winners and Though the President is promoting in the power of freedom and goodness losers in the marketplace. green jobs that may be created by his The Employee Free Choice Act is bad to prevail over tyranny. Mr. Speaker, as the memories of cap-and-tax plan, any new jobs created for workers and bad for the economy. World War II and the Berlin blockade will not come close to compensating Congress should reject this legislation fade with the passing years, I believe it for those lost to this reckless energy and refocus its effort on initiatives is even more important to commemo- policy. that would protect the rights and pri- rate the spirit of kindness that led our We have no greater example of the vacy of American workers and veterans to bring hope and to bring joy devastation the cap-and-tax system strengthen the economy by creating to the weary and beleaguered city of can have on an economy than Spain. conditions in which businesses can Berlin. After years of promoting green jobs, grow, prosper, and create jobs. Mr. Speaker, a congressional resolu- Spain has the highest unemployment f tion has been introduced to honor their rate in Europe, standing at a whopping 60TH ANNIVERSARY OF THE legacy. I’m grateful for this oppor- 17.5 percent. BERLIN AIRLIFT tunity to celebrate this noble endeav- b 1530 or, and I ask my colleagues to please The SPEAKER pro tempore. Under a join me in remembering and thanking Cap-and-tax has sought to be an envi- previous order of the House, the gen- those who served 60 years ago in the ronmentally friendly plan. The truth is tleman from Nebraska (Mr. FORTEN- Berlin Airlift. that it will relocate manufacturing BERRY) is recognized for 5 minutes. plants overseas to countries with far Mr. FORTENBERRY. Mr. Speaker, 60 f less stringent environmental regula- years ago, the United States embarked NATIONAL ENERGY tions, in turn trading pollution to an- on a crucial operation to sustain and The SPEAKER pro tempore. Under a other part of the world. defend a vulnerable entrapped people. previous order of the House, the gentle- Republicans are for clean air, clean The Berlin Airlift was a colossal stra- woman from North Carolina (Ms. FOXX) water and are committed to solving tegic mission that encouraged strength is recognized for 5 minutes. our energy crisis. Republicans believe and fortitude in those held captive in Ms. FOXX. As the summer months there is a better way to achieve energy Berlin. Today, we honor those who de- quickly approach and families start to independence without destroying our signed and participated in this feat. plan vacations, our country continues economy and killing jobs. These brave veterans struck the first to struggle with high energy costs. f major blow in the new Cold War, forc- That is why the Democrats’ cap-and- THE IMPACT OF CAP-AND-TRADE ing Stalin to lift the blockade that im- trade, or better known as cap-and-tax, ON MANUFACTURERS USING poverished Germany’s capitol, and energy plan is an irresponsible proposal COAL-GENERATED ENERGY thwarting the Iron Curtain’s fall over that will do more harm than good. The the Western strongholds. The efforts of simple truth behind the Democrats’ en- The SPEAKER pro tempore. Under these airmen embody the highest vir- ergy plan is that it raises taxes, kills the Speaker’s announced policy of Jan- tues of American air defense, as they jobs, and will lead to more government uary 6, 2009, the gentleman from Ohio fused tactical brilliance, along with in- intrusion in our lives. (Mr. LATTA) is recognized for 60 min- novation and with goodness in heart, in The Democrats’ energy plan is really utes as the designee of the minority what is seen as one of the greatest a $624 billion national energy tax that leader. American humanitarian efforts of all will hit nearly every American family. Mr. LATTA. Thank you, Mr. Speak- time. This new national energy tax will be er. I appreciate the opportunity to Our veterans provided food, coal, and paid by anyone who turns on a light have this hour with my colleagues to medical supplies to the besieged citi- switch or plugs in an appliance. talk about a very, very important issue zens of West Berlin each day, living up With Democrats still hiding many of facing this country. to the spirit of the Greatest Genera- the important details of their energy The issue that’s facing this Congress tion. They led a seminal goodwill of- plan, a study that looked at a similar is cap-and-tax. Why is it important? fensive that succeeded in alleviating proposal estimated that the impact Well, as you can see from this chart the suffering inflicted by Stalin’s re- will be roughly $3,100 every American right here, Cap-and-Tax Vulnerability gime that threatened the peace and household will have to pay to the Fed- by State. I’m from Ohio. I represent prosperity of all those in Berlin, East eral Government. the largest manufacturing district in

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12803 the State of Ohio as well as rep- us X number of dollars to make this nately ranks number one in vulnerabil- resenting the largest agricultural dis- product, and at the same time the Chi- ity in this country because of the num- trict in the State of Ohio. nese can make it for 45 cents. ber of manufacturing jobs and coal gen- If you see from this map where it They can’t have any more impact on eration in the State of Indiana. I’m says, the vulnerability key from high, them, especially if we’re going to raise number three because I have 80,623 medium and low, you will see that the price of energy. We can’t have a na- manufacturing jobs, and we get 87.2 Ohio, along with a good part of the tional energy tax because if we do that, percent of our energy from coal. You Midwest, is all facing a very, very these companies are going to shut put those two things together, and my tough time under this proposal. down, and they’re never going to open manufacturing vulnerability index per- At the same time I know when I am up again. centile rank is at 99.5 percent, which back home, I talk to the folks; and Back in 1982 we were coming out of puts you at three. they say, Well, who’s proposing this? I that recession that started back in the When I go across my district, I can’t say, If you look from California to Carter years when—you might all re- go out there and say, Things are just Washington. You go from Washington, member—we had 21.5 percent interest fantastic. I’m telling them, Right now D.C., up the coast to Maine, that’s rates, double-digit inflation, double- I want to try to keep you in business, where it is. You look at that—very low digit unemployment rates. It was but I will tell you, if we start passing vulnerability. That concerns me. It tough; but people still thought, When these bills in this Congress to put a na- concerns me because, as I said, manu- this thing’s over, those factories are tional energy tax on you, you’re in facturing is the lifeblood in my dis- going to open up. I’m going to have my trouble. And not only are you in trou- trict. I would like to talk about it for job back. Not so today. Not so today ble, but every generation coming up in just a few minutes. because when people start looking Ohio is in trouble because these jobs First, every week I go out in my dis- around—and we’re in a global economy. aren’t going to come back. These jobs trict. I go out in that district, and I go I was a county commissioner of Wood are not going to come back. into plants. We manufacture every- County for 6 years. We used to compete When you look, as I said, from 1982 thing from car parts, to batteries, to against some parts of Ohio and over in when people thought, Well, we are windshields, to washing machines. You Indiana and Michigan, but now we’re going to come back. Why? Because the name it, we make it. competing against people on the other United States was at the top of the My district, when people say, What’s side of the globe, and they’re going to heap. Today the Chinese have become, your largest city? It’s my hometown of eat our lunch if we’re not careful. in 2009, the number one manufacturing about 30,000 people. So over 140 miles When we have these situations, like I country in the world. We got knocked east to west we have a lot of small said, that you go into these plants, and off after over 100 years being on top. manufacturers out there. We have these folks are saying, We can’t have Not anymore. That’s why we have to large manufacturers. We have a large one more increase or we’re out of busi- start thinking about our future. When General Motors power train plant. ness, they mean it. you talk about what the folks want to When you keep going across, you have Then the question is going to be do here, they need to look around the a Chrysler plant. We have a furniture when they come to me and say, Well, world a little bit. Not too long ago in the Washington manufacturing plant. As I mentioned, where am I going to get a job? Or like Times there was an interesting article. we have a washing machine plant. last weekend I spoke to a commence- The headline was Chinese Official Aims We go across it, and then we have a ment address. I asked them beforehand, Emissions Cost At Consumers. The lot of smaller ones. We have plants I said, Just out of curiosity, what folks here in Congress are saying, Well, that might employ 50, 100 people. But would you like me to talk about? They it’s not fair if we do all these things. those are the folks that make this said, What we’d really like you to talk We need to have the rest of the world economy run because small business is about is telling our graduates what cooperate with us. Well, guess what. the main economic engine for this you’re working on, what you’re helping Let me just read you one quote. This is country. to try to do to make sure that—where from their lead climate negotiator in So when I see things like this where we are going be when we come out of China who said this: you look at the vulnerability, I see this tough economic situation that ‘‘As one of the developing countries, that right off the bat, we’re in trouble. we’re in. So you have to start these we are at the low end of the production But we’re also in trouble because Ohio, things off by saying, You know, I’m not line for the global economy. We being a large manufacturing State in going to paint you any kind of a rose- produce products, and these products total, we have another situation out colored picture here. are consumed by other countries. This there. And that situation is this: When If we work hard and we do the right share of emissions should be taken by you look at the plants that we’ve had, things here in Congress, we’re going to the consumer, not the producer.’’ we’ve had to grow, as our former Gov- survive. But if we pass the wrong Interesting philosophy. They can ernor and now Senator GEORGE VOINO- pieces of legislation, I can’t go back to produce it, but they’re not going to pay VICH used to always tell us when we that same college in a couple of years anything for it. They want us, for con- were in the legislature together, that and look at those next graduates com- suming it, to pay that cost. But at the we had to work harder and smarter in ing up and say, You know what, you’re same time in this country what we’re the State of Ohio. going to have a job, because they going to be doing is we’re going to be Well, a lot of factories are that way might not. So what we have to do is paying on both ends because we’re now. They don’t employ as many peo- think about these things. going to be paying to produce it. It’s ple. But at the same time, we have Just to show you on another chart going to be very difficult for these watched a lot of these plants, because something that the Heritage Founda- manufacturing jobs in States like Ohio of the economic downturn, having to tion put together, they took all 435 and Indiana to stay in one spot. lay people off. Every week I go out into congressional districts. What they did The one thing would be that they these plants. I remember one not too was, they put together a manufac- might say, We’re going to leave and go long ago I went into the plant, and turing vulnerability index. They took to another State. But I’ve already had they said, We’d like to take you in the what your State’s percentage of energy companies that are multinational say, back. They usually had around 180 em- usage from coal was, and then they You know what, we don’t even have to ployees. They said, We’re down to took from each district the number of be in Ohio. We don’t have to be in the about 70. They said, We make brass fit- manufacturing jobs. United States. We’ll just produce it in tings; and with those brass fittings, This is one of the times you don’t another country. That’s where we are. they’re in competition against the want to be at the top of the list. My And I’ll tell you what, the future is world. And of course that means the good friend from Indiana, who will be very bleak if we start looking at these Chinese right now. They said, It costs on in a couple minutes here, unfortu- things.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12804 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Last summer we talked about an all- this special hour tonight on a very im- foreign countries when it comes to of-the-above energy plan for this coun- portant topic to our Nation. competing for products, production and try, and the American people got it. When I go back to my home State of also for market share. Because first of all, the American peo- Oklahoma almost every weekend, I I saw a recent report by the Indus- ple went to the gas station, and they hear a couple of things from my con- trial Energy Consumers of America, saw, like in Bowling Green, Ohio, $4.19 stituents back home. First of all, they and they said that from 2000 to 2008, for a gallon of gasoline. People under- are very concerned about our economy. imports were up 29 percent, and manu- stood right off the bat what was hap- They want to know that they will be facturing employment fell 22 percent, a pening. But sometimes when they hear able to keep their jobs, be able to have loss of 3.8 million high-paying jobs. about cap-and-tax, cap-and-trade they a salary, make their house payment, And they said of great concern is that say, Well, we’re not really sure what pay their bills, take care of their fami- manufacturing investment in the that is. But it will affect everybody im- lies; and they want to know their taxes United States, as a percent of gross do- mediately when this thing starts. are going to be kept low. They want us mestic product, has been on the decline Let me give you a couple of statistics here in Washington, D.C., to be a part since the late 1990s. here from a Heritage Foundation re- of the solution, not a part of the prob- Two-thirds of our world’s pollution port. This is about the negative im- lem. comes from other countries who won’t pacts on consumers. This is from the The second thing I hear back home in be under a cap-and-trade type piece of Heritage Foundation. By 2035 this leg- Oklahoma is that people talk a lot legislation, two-thirds of the pollution islation would, one, reduce the aggre- about expenses and about the cost of in our world. But yet here in the gate gross domestic product by $9.6 living going up and how concerned they United States we are talking about a trillion, destroy 1.1 million jobs per are with all the spending that is going plan that would affect our business sec- year on average with the peak year on here in Washington, D.C., about the tor because of the climate control leg- seeing unemployment rise by over 2.5 costs to their families and the costs to islation. Now we all want to do all that million jobs, increase the average fam- their businesses. we can to keep our air clean, our land ily cost of four by $4,800 a year, raise Many of them say to me, Please don’t clean and our water clean. That is a electricity rates by 90 percent, raise let our gas prices go up like they did very important goal for all of us. But residential natural gas prices by 55 per- last summer to $4 a gallon. We can’t af- not at the cost of risking our national cent, and increase inflation-adjusted ford that anymore for either our fami- security or even our national economy. Federal debt by 26 percent or an addi- lies or even our businesses. They say, We know that the Democrat solution tional $29,150 per person after adjusting Please don’t let my utility costs go up. is an energy tax. And we know it won’t for inflation. That’s what this cap-and- We’re hearing with cap-and-trade, cap- work. The United States might cap and tax, this national energy tax is going and-tax, that our utility costs could go tax its carbon emissions, but countries to get us. This is a massive tax. We up by 30 percent and I’m on a fixed like China and India would never agree can’t afford it. number or I’m a lower income person, to restrictions that are so economi- Going back to this chart, when you and I can’t take a 30 percent increase cally destructive. And the result would look at the States that are using a lot in my utility costs. be, for the United States, more out- of coal and you have a lot of manufac- sourcing of good jobs to other coun- b 1545 turing in your district, well, we can’t tries at the worst possible time when, take it. They say things like, please don’t let as I said, unemployment is at 9 per- Now, let’s go to the bottom of the my businesses have more operating cent. chart. For those that are in favor of it, costs. Or please don’t raise my gasoline Cap-and-trade is nothing more than a you look at their percentile rank. Zero. prices because I won’t be able to take national energy tax. And its effects Well, that’s out in California. Very lit- my kids to school as freely as I had would be far reaching to businesses, tle manufacturing. When you look at been able to. consumers and even more so to rural the number of manufacturing jobs in And so as we begin and have this de- America. Rural areas will be hit hard- the bottom four of California, you’ve bate about cap-and-trade, controlling got 15,500 and 19,000 manufacturing jobs est by energy taxes. Americans in rural carbon emissions and about what we in a congressional district. Again, com- areas must travel further for routine call the ‘‘cap-and-tax,’’ I feel that the pare that with Indiana 3, which has al- errands, in fact, about 25 percent more Democrat national energy tax would most 104,000 manufacturing jobs, you miles than urban households, according harm all these things that people are wonder why we’re concerned about this to a recent Federal highway data concerned about. Experts estimate that in the Midwest. You wonder why we’re study. cap-and-trade, cap-and-tax, as I said, concerned about this when we talk Higher gasoline prices may not be would raise utilities costs and would about making sure that our people the end of the world if you are taking raise costs on families to an estimated have jobs in the future. a subway in a major metropolitan city Let’s think about the tax bases out cost increase of around $3,100 per fam- like here in Washington, D.C., but there. We’ve got areas in the State of ily. A recent report by the U.S. Cham- higher gasoline prices are a big deal in Ohio that are going to be devastated ber of Commerce and the National As- small towns like I grew up in, like Te- when you take these kinds of numbers, sociation of Manufacturers says the cumseh, Oklahoma, especially when and we’re not going to have these jobs new energy tax would also cost the you have to commute long distances to anymore. What’s going to happen to United States 3.2 million jobs at a time work. The numbers back that up. Rural the local school districts? What’s going when we already have a high unem- households spend 58 percent more of to happen to the municipalities? ployment rate throughout our Nation. fuel than urban residents as a percent- What’s going to happen to the fire de- And this means that the future of man- age of their income. partments? Everything? They’re all ufacturing, the future of jobs in our And then you look at another impor- going to be affected. So again, we can’t Nation, would be at stake, and espe- tant industry in rural America, and afford this, and it’s a tax on the Amer- cially at a time when we cannot afford, that is agriculture. And agriculture is ican people. It is a loss of jobs that we as a Nation, to make the wrong policy a bull’s eye industry for energy tax be- can’t afford in this country. decision that could further hurt our cause it is energy intensive. Whether it At this time I would like to recognize national economy. is the fuel for a tractor or fertilizer for some of the other Members today that A strong manufacturing base is very the crops or delivery of food to a local are here. My good friend, the gentle- vital to our economy and our security grocery store, agriculture uses a great lady from Oklahoma, who I would like as a Nation depends on our having a deal of energy production. Small busi- to recognize at this time. strong manufacturing base and a nesses and American jobs are also a Ms. FALLIN. Mr. Speaker, I want to strong economy. Many of us believe target of the cap-and-trade, cap-and- thank Congressman LATTA for leading that we have are losing ground to other tax system. A recent report from the

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12805 U.S. Chamber of Commerce and the Na- make Ohio more business friendly, es- dates on undeveloped technologies for tional Association of Manufacturers pecially in the manufacturing indus- coal-fired plants. In some cases, coal- and other business groups states that try, by phasing out tangible personal fired plants may not even be able to President Obama’s budget proposal to property tax and corporate franchise comply with this, and they may have reduce greenhouse gas emissions would tax. to close down. And that too could cost result in a net loss of jobs in our econ- When we look at the proposals before jobs in the State of Ohio. omy of 3.2 million and would shrink Congress today, this cap-and-trade pro- So when you look at the cap-and- our household purchasing power by posal, on the surface, it sounds harm- trade and the way this is put together, $2,100. And while protecting our envi- less. But it isn’t. It is not, for the rea- it should be called a ‘‘cap-and-tax’’ as ronment is a worthwhile effort, and we sons that the gentlelady from Okla- many of the other Members had men- are all for that, I cannot support legis- homa just talked about. It hurts Ohio- tioned because, Mr. Speaker, I think lation that does nothing but levy taxes ans as far as jobs, as far as businesses, clearly this is a cost that is being on small business, on rural America, on and it is not a good thing. This pro- passed on to every American. families and on those who are on lim- posal is going to increase the price of And Republicans, as was mentioned, ited resources and raises just higher the cost of energy and the price for do have an alternative. I think we all energy taxes. anyone who turns on a TV or fills up want to see cleaner energy. We all If you want a real solution to climate their gas tank or turns on the heat in want to see more efficient energy. But change, then we should focus on incen- the winter. Their cost of energy is we do have an alternative plan that is tives. We should focus on innovation, going to go up. out there that will have less reliance research and letting the free-market The Congressional Budget Office, in on foreign oil, that would look at the system work. And yes, Republicans do the initial proposal that was brought resources that we have available in have a plan that would support energy forth by this administration, estimated this country, that would help us production and also support clean en- that the cost of energy in the average produce and make us more energy inde- ergy, an all-of-the-above energy plan. household will go up approximately pendent, give us more energy independ- We support production of clean natural $1,600 per year. We have seen figures as ence with increased exploration and de- gas, wind power, solar power, nuclear high as $3,000 per year by MIT and velopment of new and renewable en- power as well as the traditional fossil other credible organizations that are ergy sources, to help promote alter- fuels. We, as Republicans, have our eye following this very closely. So the cost native forms of energy like solar, like on the future, and we know that the of energy is going to go up on not just wind and other alternative sources of United States doesn’t have an unlim- Ohioans, but all Americans. energy that are out there. So we do ited reserve of fossil fuels, and we un- And I think at a time when we are have an alternative way to get to where we want to go. derstand we need to pursue other en- struggling economically, we are going Again, I think the cap-and-trade ergy sources, energy diversity. But Re- through an economic crisis, it is not the time to be raising the cost of en- doesn’t make sense for Ohio, and it is publicans also understand that we going to cost jobs. It is going to put an ergy on families and small businesses can’t get this overnight by pursuing a increase in the cost of energy for all like we are going to be doing with cap- series of damaging tax increases. Americans. And I think we can do a And Congressman LATTA, I will yield and-trade if this moves forward. better job and have a better alternative back my time for further discussion on Let me also point out the fact in our State, in Ohio, as in many other out there that we should be pursuing. this issue. And I thank the gentleman from States, in Ohio, manufacturing and ag- Mr. LATTA. Thank you very much. I Ohio for yielding. appreciate that. You have brought up riculture are the two top industries in Mr. LATTA. I appreciate your being some very good points, especially when our State and will get hit the hardest here. And you bring up an excellent you are talking about rural America. I with cap-and-trade. As was just men- point when you talk about jobs dis- know in my district when I go in the tioned by the previous speaker, manu- appearing. Last summer, I was number plants, one of the questions I always facturing jobs will be at stake. Amer- 9 in the list the National Manufactur- like to ask is how many folks have ican companies will be less competitive ers Association puts out. I was number driven X number of miles? It is nothing internationally against other countries 9 in the United States in manufac- for people in my district to drive 30 to that will not be playing by the same turing jobs out of 435 districts. Earlier 50 miles one way to go to manufac- rules, that will not have the same regu- this year, I dropped to 13 already. And turing jobs. If those manufacturing lations on them like China and India, we are watching those jobs disappear jobs are not there or the cost of fuel is and will put them at a disadvantage from across Ohio and across this coun- too high, they can’t get there. That is from a competitive standpoint. That in try. And you are absolutely right. We an excellent point. I’m glad you turn is going to cost jobs. have a massive national energy tax. brought that up. Ohio, again, as in many of the other Those jobs aren’t going to stay. They Ms. FALLIN. Thank you. Midwest States across our country that can’t compete. And they are gone. So Mr. LATTA. At this time, I would are heavily into manufacturing, is that is an excellent point. Thank you like to call on and yield to a good going to get hit the hardest by this. very much. I appreciate it. friend of mine from Ohio, the gen- And this is not a good thing for that in- At this time, I would also like to in- tleman just to my south. Good after- dustry, as well as the agriculture in- troduce my good friend from Illinois noon. dustry, as was just mentioned, which who also represents manufacturing and Mr. AUSTRIA. I thank the gen- relies heavily on fuels for tractors, for what it can do to his State and also tleman for yielding. And I want to transporting crops and going to the across the Midwest. thank the gentlewoman from Okla- store and so forth. So it is going to in- Mr. MANZULLO. Mr. Chairman, the homa for putting things in perspective. crease the costs of energy as well as person who has been forgotten in all I think you did a very good job of lay- hurting those who are trying to do the debate that has been happening is ing things out. It certainly applies to business in the State of Ohio as well as the American worker. I can remember Ohio. And to the gentleman from Ohio job loss. when I was a little kid, my dad used to (Mr. LATTA), thank you for your work I also want to point out one other pack his lunch box, a black tin box in Ohio. I have had an opportunity to factor for our State, which I know is with a round top, with a salami sand- serve with you for 10 years in the State very diversified from State to State, on wich, a piece of fruit and a thermos of legislature. Together we worked on the chart that you put up previously. coffee, as he would rise early in the some good things to move our State In the State of Ohio, 87 percent of our morning, go off to work at the factory, forward, comprehensive tax reform fuel, of our energy comes from coal. and come back with a sense of satisfac- that lowered income taxes for families And coal will be hit directly by the tion that he had made something with and small businesses. We helped to cap-and-trade. It is going to put man- his hands.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12806 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 And that perhaps is the emblem of up one morning and say, ‘‘We should doing. You don’t know how to run your the American worker, somebody who start saving energy.’’ That’s what pro- factory. actually worked in a factory and then ductivity is all about. That’s what the All we have to do is look at what became a master meat cutter in his American manufacturer is all about— happened in Europe. Look at the fa- grocery store, master restaurateur, and to be giving him and the small inven- mous cap-and-trade system in Europe. at the same time was an expert car- tor the opportunity to be able to go out Now, I don’t usually look to the Euro- penter and cabinetmaker. He was a per- and to make products—to make them peans for examples except when they son who could do marvelous things run faster, quicker, and leaner. fail. In this case, the cap-and-trade sys- with the hands that God gave him. The Federal Government didn’t in- tem, Mr. Speaker, has been a complete That perhaps also is the picture of vent the term ‘‘lean manufacturing.’’ and total failure. Why is that? Well, the American that we are not exam- The Federal Government didn’t come it’s because you go across the Strait of ining as we take a look at this entire up with ISO standards of excellence Gibraltar, into Morocco and northern cap-and-trade system. Because after and productivity. The Federal Govern- Africa, and you see countries that are all, it is the American worker who is ment does more to hinder the innova- not locked into the same type of sys- going to be disadvantaged in many tion ability and the productivity and tem of control emissions. In fact, Kollo ways because of this theory that the the energy savings of the American Holding in the Netherlands makes a majority wants to impose upon the manufacturer than it does to help them silicon carbide. According to an article American family, which according to out. Take, for example, all of the in The Washington Post, it’s used as an the nonpartisan Congressional Budget American machinery in Harvard, Illi- industrial abrasive. It’s the finest fac- Office, would spike the cost of energy nois. There is an extraordinary patent tory that you could find, the best in ec- for the average American family of on being able to run hydraulics on an ological construction, the finest in somewhere between $700 and $2,200 a as per unit. It gives a shot of power to meeting the most stringent require- year. So we start with the fact that the move that hydraulic pump, and then ments to reduce the emissions of car- American worker is going to be paying the unit shuts off, saving between 60 to bon. They’re in big trouble, huge trou- a lot more for his or her energy at 80 percent of the energy costs versus a ble, because right across in Morocco home before he leaves and goes off to machine that runs all the time. you will find a competitor—and in the factory. No one in Washington called the peo- China—that can make it cheaper and Once he gets to the factory, exactly ple back home in Harvard, Illinois, and that can ship it to Europe. what is going to happen? Well, the fac- said, We have this great idea for you. So what happens to the brave soul in tory is already under tremendous com- The people in Washington are calling Europe who complies with their ill- petition, competition domestically be- the people whom I represent and are fated cap-and-trade system? He’ll prob- cause of high productivity of the Amer- saying, I’ve got news for you. I don’t ably go out of business. That’s exactly ican manufacturers and competition have new innovations for you. I don’t what happens. What’s going to happen because of offshore, because of coun- have new technologies for you. I have a to the United States? There will be a tries that don’t have OSHA standards, new task that’s going to make you less southern movement to Mexico as that have very few environmental competitive with the world, the so- American manufacturers will be mak- standards, who care less about the safe- called ‘‘cap-and-trade tax,’’ because the ing more of their products in Mexico ty of the worker and more about ship- people in this body and in the other and shipping it across the border be- ping that product to the United States. body are going to say that we are man- cause it will be a lot cheaper as they ufacturers and that we know every- won’t be sacked with a cap-and-trade b 1600 thing about manufacturing as we sit system. So we start with the distinct dis- here in our pin-striped suits and don’t If you take a look at the Government advantage already in the manufac- even know what the sweet smell of ma- Accountability Office report of Decem- turing sector. How much more can the chine oil is because most of them have ber of 2008, this is their own organiza- American worker take? How much never been in a factory in their lives. tion that sets up standards by which to more can the owner of that factory They’re going to tell our American make measurements of efficiencies in take? manufacturers how to run their fac- different programs. The Government I assembled this past week—in fact, tories. Accountability Office says there are yesterday—in the congressional dis- As I talked to our American manu- better, less expensive and more direct trict that I represent, a congressional facturers yesterday, 55 or 60 of them, methods to accomplish the goal of re- district that has in its largest county several have places where they’re al- ducing emissions. Well, that’s inter- an over 25 percent manufacturing ready manufacturing for domestic con- esting. What are those? Well, perhaps base—55 or 60 small manufacturers. I sumption in China and in Mexico. someone ought to take a look at what laid out to them this cap-and-trade Their faces spoke the results. If it’s the American manufacturer is already system and exactly what it would going to become so much more expen- doing. You can go to a Danish manu- mean to them as manufacturers. The sive to manufacture in the United facturer in Rockford, Illinois, called looks upon their faces were nothing States, we’ll just do more manufac- Danfoss. Danfoss makes these ma- less than startling because we start turing in Mexico and in China. Do you chines that hook onto another ma- with the proposition that 535 people in know what, Mr. Speaker? The cost of chine. The Danfoss machine, Mr. Washington, D.C., suddenly wake up in shipping finished items from China to Speaker, measures the exact amount of the morning and decide, well, America the United States will be less than the energy necessary in order to run the should go into the green business, that cost of the increase in power for people machine right down to the lowest frac- America should get involved in the en- to make their products under the new tion of electrical unit required. It is ergy-saving business as if the American cap-and-trade bill. This is absolute lu- highly efficient. manufacturer and his worker have been nacy to be able to subject the Amer- No one from Washington called the on the sidelines, doing nothing. ican manufacturer and the worker to Danfoss engineers and said, We have an You have great manufacturers out this, the worker who gets up at the idea for you. We, in Congress, wear pin- there, like the Perks family from crack of dawn every morning, who striped suits, and we can tell you how Rockford, Illinois. The Perks family packs his lunch box and goes off to to run your manufacturing facility. No has been around for three generations work and gets in his old car and puts in one called the city of Rockford years now, involved in combustible burners. 8 or 10 or 12 hours a day, working to ago and said, We’ve got a great plan for Their goal has always been to make support his family, working to get the you where you could take the sewage the most efficient combustible burner kids through college, working to pay that you have in the city, turn it into possible, and they lead the world in the mortgage. All of a sudden, Congress methane and run three turbines so you that technology. They just didn’t wake says, You don’t know what you’re could help the electrical grid, and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12807 there would be many fewer carbons est people who are going to try to be in a lot of these small companies, compa- going into the air. those factories, making a product, find- nies that employ pipefitters and weld- Mr. Speaker, Washington has no ing out first they don’t have jobs and, ers, people who work on the boats, news for the American manufacturer or at the same time, that their electricity folks who do the electrical work on for the American worker except bad rates at home are just going to sky- these rigs, people who do the fabrica- news. That’s why we have to defeat rocket. How are they going to make a tion work. These are good-paying jobs, this. We already have a lot of plans in living? How are those kids going to go high-paying jobs with benefits. These place. One is the Republican alter- to college? are manufacturing jobs, the same kind native, and that’s the one that rewards I thank the gentleman. of manufacturing jobs my friend from ingenuity. It makes it a lot easier for At this time, I’d like to yield to my Illinois just spoke about. friend from Louisiana. Thank you. people to change to the latest tech- b 1615 niques, to scrub the air, to scrub the Mr. BOUSTANY. I thank my friend environment. It just amazes me. It to- from Ohio for yielding time to me. And our President says his goal is to tally amazes me. I want to go back for a moment, back save or create 3.5 million jobs before We are in Rockford, Illinois, where to March, at a time when the Ways and the end of 2010. I want to know a sim- there is close to 14 percent unemploy- Means Committee in the House con- ple answer to the question I posed: How ment. It’s the same in Belvidere, Illi- vened to hear Secretary Geithner’s tes- many jobs does this administration in- nois. Our Chrysler plant is closed for 60 timony to us regarding President tend to kill with its energy tax pro- days. Chrysler is in bankruptcy. We’ve Obama’s budget proposals and specifi- posals? It’s a simple question. gone from 16 million cars sold 2 years cally regarding the issues related to And I think the American people de- ago to 8 million cars sold this year. On cap-and-trade and some proposed tax serve an answer. And certainly the top of all of the problems that manu- increases on the oil and gas industry. good, hardworking folks down in Lou- facturing is having, now we need one In fact, in addition to cap-and-trade, isiana and Texas and Alabama and Mis- more—one more regulation, one more the administration is proposing $31.5 sissippi who supply a large amount of requirement, one more chop on the billion in increased taxes on the U.S. the energy that this country uses de- block of the American manufacturer. domestics—the small, independent serve a simple, straightforward answer It’s time to say ‘‘no’’ to this big gov- companies that produce oil and gas and from Mr. Geithner and this administra- ernment that thinks it knows best. It’s that power our country. So, at the tion. time to say ‘‘no’’ to Washington that time, I had a very simple, a very Now, let me make one clear point thinks it has all of the answers. It’s straightforward question for Secretary here. I want to quote something first. time to say ‘‘yes’’ to the American Geithner, who was testifying. Let me quote something from this let- worker, ‘‘yes’’ to the little inventor, I said, Mr. Secretary, how many jobs ter that I received from Secretary ‘‘yes’’ to the American manufacturer— will this kill, particularly on the gulf Geithner. He says, ‘‘To the extent the the people who made things with their coast? The gulf coast is trying to re- credit,’’ he’s referring to the tax cred- hands, the people who created all the cover from hurricanes, but yet, at the its that the oil and gas industries had wealth in the world, the leaders in same time, it has done a magnificent since 1913, ‘‘to the extent the credit en- technology, the leaders in ingenuity— job of getting the oil and gas industry courages overproduction of oil, it is not with the help of government but back up in the Outer Continental Shelf detrimental to long-term energy secu- with the help of their own minds and and inland—our refineries—to provide rity.’’ Overproduction of oil? Does any their own hands. energy for our country. So I asked him American believe that we have over- Mr. LATTA. Well, I thank the gen- simply: How many jobs do you intend production of oil? I would like to know tleman, and he is absolutely correct. to kill with this budget? He could not what planet the Secretary is living on. When you look at these margins that answer the question. So I gave him a What kind of information is he getting, these companies are working with little time, and I followed up with a for God’s sake? today, they are slim. letter to Secretary Geithner. Now, I think it’s also important to It’s the same thing in my district. Two or three weeks elapsed. I re- recognize that if we’re going to have a You know, I get in those plants every ceived a letter today, and I have yet to reasonable and sensible energy policy week. When I go in those plants, they receive an answer on how many jobs that the American public can believe show me what one blip of an electrical this administration intends to kill in, an energy policy that diversifies our costs. I have massive, heavy energy with its energy policy of cap-and-trade sources of energy and utilizes oil and users in my district, especially on the and of increased taxes on the domestic gas and clean coal technology and nu- electrical side. With one blip, they oil and gas industry. clear power as well as green technology could say, You know what? We’re done. Now, I know for a fact that we have and alternative fuels, that’s the kind of We’ll go overseas. We don’t need this, about 1.5 million people directly em- energy policy that we’re promoting. and we don’t need one more Federal ployed in the oil and gas industry and That’s the energy policy that the regulation. We don’t need one more that there are about 6 million addi- American people want to hear about. government bureaucrat telling us how tional folks who have jobs related to That’s the energy policy that will un- to run our business, and we’re out of this, whether in manufacturing or in leash individual American genius to business in this country. support services. So, if we look back solve our problems. Then what do we tell our constitu- and if we look at a time when a pre- But if you’re thinking about energy ents? What do we tell the next genera- vious administration, Mr. Carter’s ad- policy, our transition to that strategy tion of Americans out there? That you ministration, raised a windfall profits involves natural gas as a diversified don’t have a job. What do you have to tax on the oil and gas industry, it dev- fuel as well as expanding nuclear look forward to in the future? It’s not astated our domestic industry. What power. But keep in mind that 30–35 per- very bright when you look at this piece happened? We became more dependent cent of the natural gas that this coun- of legislation. on foreign oil, and we saw price spikes try uses comes from rigs, oil and gas You know, the President said when in energy. rigs that were drilled within the last 2 he was running for office that, Under So what’s going to happen with this years. 35 percent. my plan of a cap-and-trade system, massive tax increase that is com- Now, I have to tell you that the rig electricity rates will necessarily sky- pounded by cap-and-trade? Well, my count in the United States since Sep- rocket. prediction is we’re going to see massive tember is down by over 50 percent and That will cost money. They will pass job loss. dropping because of these tax pro- that money on to the consumers. It I was down in Louisiana for 2 weeks posals. It’s dropping, and that means goes from one to the next, and it’s back during the Easter recess. I toured we’re going to have a shortage down going to finally get down to those hon- and went along the coast, and I visited the line of natural gas and oil, and

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12808 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 we’re going to become more dependent things happening, it’s hard not to get phere—and let’s use the technology on oil from foreign sources, and we are up here and speak out on that. that we have today to work with the going to become more dependent on I yield back to the gentleman. Chinese to reduce emissions. But in- liquefied natural gas being imported Mr. BOUSTANY. This administration stead, with these tax proposals, they into this country. doesn’t understand the difference be- intend to destroy this industry. And I All the while, we’re kind of like— tween our large multinational energy will tell you from my experience in we’re the Saudi Arabia of natural gas. companies like ExxonMobil, Chevron Louisiana in the 1980s, once these jobs We have a lot of natural gas reserves, that do most of their work overseas, are gone, folks leave. They go off and but we’re not utilizing them. And this and independently owned, American- do other things. That expertise is gone. energy policy that the President is pro- owned energy companies working in You can’t develop it overnight. And posing, these tax increases will dev- the Gulf of Mexico who provide most of this is at a time when our energy needs astate our industry, and we will be- the oil and gas that this country uti- are critical. come more dependent. lizes. These are small companies oper- So I have to say when the President So, again, I asked President Obama ating in the Gulf of Mexico, predomi- talks about saving or creating 3.5 mil- and Secretary Geithner how many jobs nantly, some in California and other lion jobs, this policy is not the way to do you intend to kill with this policy? areas around the country, but predomi- do it. It will kill jobs, and it will kill And I think the American people, nantly in the Gulf of Mexico. And this many jobs. again, deserve a straight answer. industry will be devastated by these Mr. LATTA. I would like to yield to Again, we’re talking about good high- tax proposals, and it’s going to hurt the gentlelady from Oklahoma. paying jobs across the board, manufac- our energy production, and it’s going Ms. FALLIN. I appreciate your com- turing jobs, jobs that allow folks to to make the price of oil and gas and ments. buy homes, jobs that allow them to gasoline and electricity go up signifi- We’re already seeing some of the ef- send their kids to college. cantly. It’s absolutely the wrong policy fects in our oil and gas energy sector in Finally, let me just say that I believe at this time. We need a diversified en- the State of Oklahoma of job losses al- it is wrong for this administration to ergy policy, and we shouldn’t punish ready just by talking about the cap- deliberately pick winners and losers. those who are producing energy that and-trade piece of legislation. And you It’s the height of arrogance. What we Americans need desperately today. were mentioning a few moments ago ought to be doing with an energy pol- Mr. MANZULLO. Would the gen- about the pollution of other countries icy is unleashing American genius to tleman yield? and how if we have cap and trade here solve these problems, the same kind of Mr. BOUSTANY. I would be happy to and we try to control our emissions— genius that have solved many problems yield. which we should, we should have rea- before in this country. Mr. MANZULLO. I thank the gen- sonable policy on that—how China and One last thing I would like to men- tleman. India and some of those other growing tion is that back during the heyday of Perhaps the answer to the number of economies will still keep polluting. In World War II when this country was in jobs that would be lost may be found in fact, a statistic that I saw said two- a fight against Nazi Germany and the the draft of the American Clean Energy thirds of the world’s population comes Japanese and the concerns about en- and Security Act. This is the Cap-and- from countries other than the United ergy were there and there was a fight Trade Act under title IV, if I’m reading States. So while we may put some for oil reserves and so forth, there was this correctly, because it talks about heavy restrictions that could cost jobs also a fight to see who was going to get worker transition. Now, that normally and investment in the United States, nuclear power first. And it was because means somebody who’s lost his job as a these other countries will take those this country had a well-developed man- result of a government regulation and market shares from us and continue ufacturing and refining system with all has to transition to something else. So polluting. of the chemical engineers, the petro- they already are figuring that some I was interested in your comments by leum engineers, that they were able to people are going to be losing their jobs. Secretary Geithner who said we have bring forth enough of the technical ca- My gosh, you take a look at the an overproduction of our oil, which pability to win the race for atomic en- quote of the President. It’s going to that is an unusual comment when our ergy. And this is the same energy in- cost a tremendous amount of money, Nation is so dependent upon foreign en- dustry that this administration is cur- electricity rates will skyrocket in fac- ergy. I think many of us in this body rently trashing with this tax policy. tories. When you look at the small believe that our country is at risk in So, again, I want to know a simple margin of profit, for example, on cast- our national security and economic se- answer to a simple question: How many ings—already under tremendous pres- curity by buying almost 70 percent—65, jobs does the Obama administration in- sure from overseas—they won’t be 70 percent of our energy supplies from tend to kill with cap and trade and around. other foreign countries while spending with these targeted tax increases on But something happened interest- around $700 billion buying that foreign the oil and gas industry? ingly yesterday at the conference we energy. Just think what that $700 bil- With that, I will yield back to my had in Rockford, Illinois. Dr. Redmond lion—if we produced our own energy— friend. Clark is a Ph.D. in environmental what that would do in our Nation as it Mr. LATTA. I thank the gentleman. sciences. He’s also an inventor and relates to jobs and investment in our If I could just comment on a couple runs a business, and he said this aston- marketplace here in the United States. of things that he said. ishing statement: If American manu- But yet we continue to send that I think you’re absolutely right. I facturers, if all of America went to zero money to foreign countries buying know when they shut the lights on us carbon emissions, within 7–10 years, their energy versus encouraging inno- right here on this floor last year when the Chinese would more than com- vation, free enterprise here in United we were down here talking about en- pensate and put into the air all of the States of all kinds of energy sources. ergy—and it wasn’t hard to remember carbon emissions that the Americans And I just truly believe we have the that we were talking about 65 or more had saved. Now, that is how flawed this knowledge, we have the capacity and percent of all of the energy that we plan is. the intellect in the United States to were consuming in this country was Mr. BOUSTANY. I thank the gen- develop these alternative means of fuel being imported in this country. I re- tleman. and to reduce our carbon emissions. member those T. Boone Pickens com- I would just add that really a produc- Look at natural gas. There is a pro- mercials saying the largest transfer of tive way to reduce emissions would be posal here in Congress to encourage wealth in history was occurring. I be- to work out a cooperative agreement more investment in C&G cars, more in- lieve the number was like $700 billion with China—which also has large frastructure investment in natural gas. per year. And so when you see those amounts of emissions into the atmos- And I hope that we continue to push

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12809 those kinds of policies rather than at the time that this tax took place natives such as the ones suggested by massive tax increases and standards and devastated the domestic energy. GAO that can accomplish the same that will actually hurt our national With that, I yield back to my friend. things without these onerous require- economy and hurt our jobs. Mr. LATTA. I recognize the gentle- ments and regulations on the backs of Mr. MANZULLO. Will the gentlelady lady from Oklahoma. our American manufacturers. yield? And so those of us who were really b 1630 Another shocker that we found out is concerned about the loss of manufac- built into this proposed bill, there is a Ms. FALLIN. I thank the Congress- turing in this country, those of us who threshold limit so that the smaller man. I have one thing I just wanted to really want to see us become less de- manufacturers—and you don’t even add. President Obama has talked about pendent upon the Chinese and the Indi- have to have a smokestack to be cov- how the United States can achieve a ans and the Mexicans and other coun- ered by this because buildings natu- new long-term subsidization of green tries around the world and to look to rally emit a carbon dioxide going out jobs like similar to what Spain has ourselves for self-sufficiency, to restore through the windows—but the smaller done, and I have a report from the In- manufacturing in America, we cannot manufacturers would be exempt from stitute For Energy Research, which have this cap-and-trade system because cap-and-trade. However, the EPA has talks about other countries. that has already stifled a half-billion- now empowered itself to control carbon And what has happened is they have dollar investment in the congressional for greenhouse emissions. So they will spent billions of dollars of taxpayer re- district that I represent. sources to subsidize renewable energy be coming in with another layer of reg- f ulations even for the smaller ones. programs and to add more greening And—and this is almost certain—the within their societies. And as they CHANGING OUR ENERGY POLICY EPA, in the past several months, had passed some carbon tax-type legisla- The SPEAKER pro tempore. Under this proposed standard to tax cows. tion, it was showing that, according to the Speaker’s announced policy of Jan- Any farmer that has a herd in excess of their results, compared to what the uary 6, 2009, the gentleman from Ken- 25 cows—because cows are big methane United States could expect, that the tucky (Mr. YARMUTH) is recognized for emitters—$125 per head per year. I U.S. can expect 2.2 jobs destroyed for 60 minutes as the designee of the ma- don’t make that much profit when I every one renewable job that is fi- jority leader. sell my beef cattle, even though we nanced by government-based bond, Mr. YARMUTH. Mr. Speaker, it’s haven’t done it in the past couple of what has happened in Spain. Only one been very interesting to have engaged years. of 10 jobs actually creating a green in- in discussions over the last few months Washington, D.C. must be its own vestment would be permanent. They’d about changing our energy policy, and planet, how people can come up with be temporary jobs. it’s been particularly interesting lis- these absurd ideas. And back home, we Mr. LATTA. I thank the gentlelady. tening to my colleagues on the other have two methane digesters. Some f side talk about their vision of where farmers got a little grant from the gov- this country goes or, rather, their lack IMPACT OF CAP-AND-TRADE ON ernment to help out, and that’s fine, of vision as to where this country will MANUFACTURING and all of the waste from 300 dairy cat- go in energy. tle near Pearl City, Illinois, go into The SPEAKER pro tempore (Mr. This debate began several years ago. this methane digester, and the meth- CARSON of Indiana). Under a previous It was very prominent during the Pres- ane is recaptured, goes back on the order of the House, the gentleman from idential campaign in 2008, and there grid. It’s enough to run a city of 500 Illinois (Mr. MANZULLO) is recognized began to emerge a very clear distinc- homes. It’s amazing. for 5 minutes. tion about two very different visions How is it that people that know so Mr. MANZULLO. Mr. Speaker, we’ve about what we need to do in this coun- little about manufacturing can, over- just concluded an hour of debate on try. night, come up with the idea that they manufacturing and the impact that We heard last summer the mantra are the experts on green manufacturing this cap-and-trade system will have on coming from the Republicans: ‘‘Drill, as if American manufacturers were manufacturing. I wanted to add a foot- baby, drill! Drill, baby, drill!’’ That doing nothing to increase productivity? note from the congressional district was, in essence, the sum and substance Mr. BOUSTANY. If the gentleman that I represent. It’s the top of the of the Republican Party’s energy pol- would yield, State of Illinois. icy: continue to drill for oil, continue You know, U.S. companies in the oil And near east of Dubuque, on the to emit carbon CO2 into the atmos- and gas industry do the safest and most Mississippi River, is a company called phere, continue to avoid the tough environmentally friendly work of any Rentech that makes hydrous ammonia choices about changing our goals in en- of the companies around the world. urea and products for agriculture. They ergy policy in this country, trying to We’ve got Louisiana and Texas exper- were in the process of switching to achieve energy independence and, tise disbursed all over the globe as a re- what’s called the Fischer-Tropsch proc- again, relying on the same tech- sult of what happened back in the 1980s ess—it’s an old German process—sub- nologies that we’ve used in this coun- with the windfall profits tax. I run into stituting natural gas and in its place try for 100 years. workers all the time who are coming putting coal, bringing coal up the Mis- Fortunately, we elected a President back to Louisiana to visit family. And sissippi River. who has a very different vision of they have been away, and they wish And one of the byproducts of that where we go in energy, a very progres- they could work in the Gulf of Mexico coal would be diesel fuel, in addition to sive vision of where we go in energy, a around this country doing work in this the hydrous ammonia, urea, et cetera, policy that he has proposed, that this country to produce energy for our that could come from that facility. Congress is proposing to enact, that country. Yet, they were pushed out. We Once the owners found out about a will end our dependence on oil and car- lost those jobs. And as the energy in- proposed cap-and-trade system, that bon-based fuels, will set a new course dustry has started to come back, now stopped that half-billion-dollar invest- to where we are actually using the we’re seeing the specter of these in- ment in the congressional district great gifts of the natural world, such creased taxes, which will be dev- that’s smarting with unemployment, as wind and solar energy, creating the astating. running as high as 14 and 15 percent. kinds of incentives for businesses to And, in fact, I have a friend of mine— Just the talk, just the threat of a cap- create new jobs and new industries, so he and I finished college together—he’s and-trade has already stifled innova- that we can create a future that is not a petroleum engineer, and he’s lived his tion. only clean but prosperous. entire professional life overseas be- And that’s why it’s extraordinarily Now, what’s interesting in listening cause he went out into the work world important that we take a look at alter- to my colleagues from the other side,

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12810 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 all very well-intentioned men and As a Member from the Common- went up in space was the Russian state- women, and I’ve listened to some over wealth of Kentucky, obviously you ment to the world that they were going the last hour, is this constant emphasis have a great deal of understanding to be dominant in space, and that on the cost of changing direction, the about energy needs. The cities in Ken- scared Americans. Not because they cost of cleaning the air, the cost of tucky, the rural areas of Kentucky, the knew that it was a direct threat, but truly creating an alternative energy great equestrian and horse industry in they didn’t know what it meant with policy in this country. And I’m glad Kentucky, all of those require the this Cold War going at that time. they do that because, as with any good types of energy that we know are fu- But what John F. Kennedy did by thing, there is a cost to doing it, but ture energy sources for America. saying, I’m going to put a man on the what we would like to emphasize in I think this is just such a moment in moon at the end of the 1960s is, he said pursuing a new direction is the cost of time that really allows for an excite- that we’re going to put science first not acting and not pursuing that new ment. Now, these are challenging and innovation and challenge, and we direction. times, make no mistake about it. In built a NASA program, and we put a What have we seen, for instance, in my lifetime—and I’m 51 years old. Mr. man on the moon not by 1970, but in this country over the last decade? YARMUTH is probably somewhere in 1969, in July. I remember that. We’ve seen the average citizen’s energy that range as well. And to me, that is the kind of inspi- costs rise by well over $1,000 a year, Mr. YARMUTH. I thank the gen- ration that I think our President today and last summer alone, we saw gas tleman for his flattery. is presenting to us, President Barack prices at $4 a gallon, which certainly is Mr. KLEIN of Florida. Well, as Amer- Obama, about using science, using an additional tax on every American icans we understand challenges. We un- technology, using business innovation citizen who drives a car or who powers derstand crises. Our fathers, our grand- to earn our way and work our way out anything. parents, our great-grandparents were of this recession. It’s not going to be As we project onward, we know that certainly the architects of us getting something we’re going to tax our way diminishing resources in carbon-based through world wars. They fought, they out of. We’re going to grow our way out fuel, diminishing supplies of petro- innovated, they came out of it even of this with jobs, with clean energy, leum, the price of gas is going to con- stronger. My mom was a public school- with energy innovation, with energy tinue to go up. The price of natural gas teacher, taught second grade, taught products that not only are going to is going to rise. So the cost of pursuing me about how important education is make us safer and more secure from a the same old status quo is significant. to make a success of one’s self. national security point of view—be- On the other hand, we can make an My dad was a small businessman. I cause we already know we import 60 investment now. We can make an in- don’t know if you remember five-and- vestment that will save us money, will percent of our oil from countries out- ten-cent stores. We called them variety side of the United States, and God only continue to save us money toward in- stores. We had them in Cleveland, finity. We can actually harness the knows that is the wrong place for us to Ohio, where I grew up, and I worked be at any moment in time. power of the sun, the power of the there since I was 8 years old. And my wind, hydroelectric power, geothermal We want to be self-reliant, and we dad taught me what it was like to bal- power, all of the alternative sources have the capacity to do that with not ance the books, not borrow unless you which we know are available to us. If only oil and gas but solar and wind and absolutely have to. I understood what we can do that—and this bill that we wave and nuclear and a whole lot of it took to make payroll. We had eight are contemplating right now sets us in different things. employees and we took care of them. that direction, provides the type of in- And it’s about time that we sort of These were people that he was loyal to centives and stimulus that will get us say this is our time, this is our mo- and they were loyal to him, and he to that era—then we will have an era ment to get it back on track. And I taught me about work ethic. in which we dramatically cut our en- think that is what the President is say- But most importantly, he taught me ergy costs. We will save trillions and ing to Americans. That’s what the about what it takes to be an American, trillions of dollars as we move forward. President is saying to American busi- I know just in my own district, I’ve and given those opportunities to suc- ness. gone to see some of the new techniques ceed, you will succeed. I would share with the gentleman for building homes, for utilizing all of And that’s why, to me, at this mo- from Kentucky—he knows this because the LEED-certified processes that can ment of great challenges in our econ- he helped write this bill. The big bill cut a 3000-square-foot home’s utility omy, people’s jobs may be being lost that we passed recently, the American costs to under $100 a month. These are permanently, that this is the moment Recovery and Reinvestment Act, the the potentials that are out there for us, that we shouldn’t just be incremental. stimulus bill it’s called, it has some in- and these are the potentials that this We shouldn’t be small thinking. We credibly positive things in it, not only proposal that we are dealing with now should be thinking big and look at this to stimulate the economy but on en- and considering in Congress can bring as an opportunity, an opportunity to ergy. It has a smart grid, advanced bat- to reality. truly change the direction of America. tery technology effort, and it’s mil- So this is a debate that’s important And that direction takes in a lot of lions and billions of dollars for our uni- for this country. In a very real sense, it different pieces, but of course, it starts versities, for our businesses to come to- represents the future of this country, with a solid education. And I know gether, putting the smartest people at and there are very real differences be- that when my mom made it a necessity the table from a business point of view, tween the Democratic Caucus and the for me to go to school, college, I was how to take a product to market, as administration and our colleagues on able to borrow money through the stu- well as the science point of view, to get the other side who again prefer to pur- dent loan programs to get there. That these batteries for all electric cars and sue a 20th-century energy policy, rath- was an opportunity and allowed me to for all sorts of innovation, to come to- er than a 21st-century energy policy. be standing here today representing gether and say we’re going to focus and So I’m joined here by someone who people in south Florida. But most im- we’re going to do it. We’re going to be has great interest in this subject and portantly was that education that al- more successful than any other coun- many others, who is part of that class lowed me to see what our great univer- try in the world. of 2006 which changed control of the sities can do in terms of innovation Congress and set us in a new direction. and science and business and to com- b 1645 I’m proud to introduce my good friend bine those great things together. And you know something, we’re not and colleague, RON KLEIN from Florida. We know the story of John F. Ken- only going to make it good for the Mr. KLEIN of Florida. I thank the nedy, when that little Sputnik went up United States; we’re going to export gentleman and thank him for his lead- in space, and for those people who were those products and license that tech- ership. living at that time, that little can that nology. And all the other countries of

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12811 the world, instead of, you know, ex- order to enact those policies. But we’re energy oriented. They really consume a porting to us, we’re going to start ex- making a bet that American ingenuity, lot of energy. porting to them. Great opportunity American brilliance, will develop the Well, you’ve now seen these new there. type of advances that will not only pay bulbs, that sort of circular, looks like a There are also a whole lot of really back that deficit, will not only create loop kind of thing, and those save a lot good things about energy efficiency, millions of new jobs, will not only cre- of energy. Now, they cost more at the energy savings at home, encouraging ate an exploding new industry, but will store right now if you go to one of the people to buy products and giving them also lead this country into a great era stores because obviously there is a sup- tax incentives to buy products that of prosperity and will make life better ply-and-demand issue. save on energy. Green jobs, green for everyone, because if we can cut a But one of the things that we can do buildings, all these kind of things just person’s utility bills from $3,000 or in government that doesn’t cost the offer such great opportunities. So, you $4,000 a year to $500 a year, that’s es- taxpayers a dime is we can create mar- know, I look at this moment when sentially a tax cut, a substantial tax ket, something Europe has been doing we’re discussing energy, and not just cut. for a long time. And an example of about a drill, drill, drill issue. That’s And I know they like to talk about this, and I know the gentleman from not the issue. Of course oil’s going to raising taxes, raising taxes. But again, Kentucky is aware of this: Last year be part of our national energy policy as I mentioned earlier, what is the cost we passed a bill that will phase out the and so will natural gas, and we have of not doing something now? What is old-fashioned light bulbs over the next more natural gas, and that’s good. the cost of reverting to that 20th cen- number of years, transition. And when But I’m from Florida. Florida should tury economy when gas was $4 a gallon we say ‘‘phase out,’’ they’re going to be leading the world right now in solar last summer, and where, you know, we have to put in, you know, they’ll basi- power. We’re the Sunshine State, and know gas in Europe is $9 and $10 in cally be selling new light bulbs, new every State in the country has some- some places. What would that do to the energy-efficient light bulbs. thing to advertise. People come to American economy if gasoline were $9 Well, guess what that does. Without Florida for our sun. Well, we should be or $10 a gallon? It would come to a the government spending a dime, with- leading in solar technology at our uni- screeching halt literally and figu- out anybody doing anything, it gives versities and for consumer purposes. ratively. And that’s why the types of businesses and business entrepreneurs So I thank the gentleman for raising things we’re proposing in this energy and scientists a signal, a market signal this today. We’re going to be working legislation are so critical, because that says there are going to be 450 mil- on this issue. And again, this is not we’re making the big bet, the big bet lion light bulbs sold in 2012 of this just about climate. This is about en- that American ingenuity will succeed type, a big, big market in the United ergy. This is about environment. This and we’ll once again dominate the States. That’s not the real number, but is about national security. Any one of world and we’ll once again lead the some extraordinary number, and then those three, pick them, and I think world into a much better era, an era of around world. that we could recognize this is the time That means that if you design and for us to really put our foot down and cleaner skies, cleaner water, and also one of great prosperity. can build in a cost-effective way and make something happen. manufacture a light bulb that meets Mr. YARMUTH. And I would also I’m willing to make that bet on these specifications, there is a big mar- mention that this is about jobs. It’s America because America’s never ket out there. So it certainly gives about jobs, jobs, jobs, because this is failed. And I think that’s what is so ex- you, as an entrepreneur, as a business- going to be one of the emerging indus- citing and inspirational about the ad- person, the signal to say, I’m going to tries of the 21st century. We know that. ministration and the White House and The American people know that. I the leadership in this Congress, that invest in something that I know mean, the polling on this topic is actu- they’re willing to make the big bet there’s going to be a big market. And ally overwhelming. The high percent- that America will succeed. over the next number of years that age, a majority of the American people I yield again to the gentleman from market will only grow and expand. It’s understand that we need to go in a dif- Florida. the same thing that we’ve seen with ferent direction in energy, that we Mr. KLEIN of Florida. I thank the appliances. It’s the same thing with need to make the investments, we need gentleman for yielding. When I think our heating and air-conditioning sys- to stop global warming emissions. Sev- about, when people talk about the best tems. The refrigerators that were built enty-seven percent of the voters, ac- investment you can make is in your- 20 years ago used, I think, something cording to one recent poll, want us to self, and I know that over the years like 10 times as much energy as they act to reduce global warming emis- I’ve known people that were very suc- used today, even though today’s aver- cessful in their own business and then age refrigerator is larger, does more sions, CO2. They know that this is what we need to do. they sort of went outside, they had a functions and everything else. And And, you know, this relates to what little extra money and they went out- that’s because over time, you know, my colleague has said so well. What we side their comfort zone and invested in people understood, they wanted it more are proposing to do in this legislation, something they maybe didn’t know efficient, they wanted to pay less. So in health care legislation that we’re enough about and sometimes they lost they paid a little more for the refrig- also working on, in the Recovery Act money in that way. erator up front, absolutely recouped legislation that we’ve enacted, we’re I am so strongly in belief, as you just that over time. making a bet on America. We’re mak- said, that investing in American sci- So, to me, these are the exciting ing a big bet on America. entists, investing in American business things when it comes to electric auto- And I know that sometimes we hear entrepreneurs, investing in the con- mobiles and hybrids and all sorts of our colleagues on the other side say, fidence that American consumers have, new technology that will make our Oh, gosh, nobody borrows money to that we cannot only emerge in a homes more efficient, our buildings make money. Well, no. That’s exactly stronger position, but we will abso- more efficient where we work. And it’s what you do. That’s what virtually lutely dominate this energy field. And a moment where I think with a part- every corporation that’s ever succeeded I’ll give you an example. nership of government sending the in this country has done. They’ve bor- The light bulbs that we see up here. right signals and the right tax plan- rowed money and they’ve invested it in These are incandescent light bulbs that ning, and businesses and consumers ways that enabled them to make enor- were designed by Thomas Edison. The wanting to make these changes, want- mous future profits. And that’s what technology, long, long ago, a hundred ing to succeed and create these jobs we’re proposing to do here. years ago. And over the years we’ve and wanting to be successful, it’s the We’re going to increase deficits in made certain improvements to them perfect combination. this country over the next few years in and things like that, but they’re very And I yield back.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12812 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Mr. YARMUTH. I’m glad the gen- now is to kind of put the challenge out which is now a service station. You tleman mentioned those types of inno- there with the right kind of incentives, swap the battery out just like you did vations, because the Consumer Prod- with the right kind of government push with your old—your telephone battery ucts Division of General Electric is and funding and let the American spir- kind of thing, and then you pop it back based in my district, and I’m well it and American ingenuity have its in and you’re ready for the next aware of the incredible progress that’s way. And I know that this is going to charge. Or you plug in at night at being made in energy-efficient appli- be—again, this is going to be a phe- home. ances and in those light bulbs. And this nomenal job creator and an economic Now, if you think about it, our util- isn’t the General Electric Company, engine for America as we move for- ity plants right now operate at peak but another very large company in my ward. capacity during the day. In the middle district just went through their plant And I’ll yield to the gentleman again. of the night when factories aren’t nec- and replaced all of their bulbs with en- Mr. KLEIN of Florida. Thank you. essarily operating and the peak load ergy-saving bulbs. It cost them $80,000 And I absolutely agree. And if you for electricity is down, they’re oper- to do it. Now, $80,000 is a pretty sub- think about, you know, the auto- ating at 30 percent, 40 percent, 60 per- stantial sum to a business, but they mobile, I’m in full agreement. I think cent, whatever the number is. So if you made the calculation that $80,000 would it’s exciting, and I’m glad to see that were to plug all these cars in at night be paid back many, many times over in our people at the automotive compa- with a nominal amount of electricity, savings as they went forward. nies understand this challenge, are not no big deal. It makes full use of the ex- And this is going to happen in busi- standing in the way. They’re embrac- isting capacity. You don’t need another ness after business, in institution after ing it, and that’s pretty exciting. And I megawatt of electricity to do this, and institution, colleges, schools, you name think they’re embracing it because you’ve got a car that has no emissions it, across the country will be making they know that their survival is de- whatsoever. pendent on selling a car that the Amer- these changes because they recognize b 1700 the savings. ican consumer will want to buy, will General Electric has, as do other get efficiency in operation, will last, We also know that this 100-mile manufacturers—I’m obviously going to and the maintenance will be minimal. charge, in the next couple of years it’s plug General Electric—has new appli- There’s a strong warranty behind it, going to be 120 and then 150 and then ances which actually are regulated so things that were the mainstay of the 200, because the technicians and the that they will actually go on. They’re automobile industry in the United science people are going to get these timed so that they will be—let’s say a States for a long time and, you know, batteries up and running, just like they dishwasher or a clothing washer or sort of tapered off over the last few make cars more efficient over time. dryer will actually go on during peri- years. I thank the Senate for passing the ods of the day when peak utility usage, But there’s absolutely no reason in Credit Card bill. I think that’s a very when it’s not peak utility usage, when my mind why an American automobile exciting bill that the House passed al- there’s actually low demand on utili- can’t be as good or better than any ready—it’s called the Credit Card Con- ties. And they think by doing this, by automobile in the world and why our sumers Rights bill. I think in a bipar- creating these types of very smart ap- scientists and engineers can’t create tisan way many of us in the House were pliances, they call them smart appli- the best automobile. very excited about the opportunity to ances, that they will actually be able There’s a company in New Jersey try to get some balance in the credit to save energy costs systemwide be- that has been working on a different card world for consumers, particularly cause they won’t be draining the utili- kind of concept which is very inter- at a time like this. So I appreciate the ties at the peak usage hours. esting. They’re actually pushing—or work of the Senate. I know we’re going So there are all sorts of very, very not pushing. I think they’ve got the to be working actively to get that bill smart things going on, and the legisla- Government of Israel to support this, resolved. tion that we’re proposing and the gov- and I think Finland also, where in But just to finish the thought, if I ernment initiatives that we’re trying Israel they’re going to be converting can, the gentleman from Kentucky, is to initiate will go a great distance in their entire—all their automobiles to just to say that this electric car con- seeing that through. electric automobiles over the next cept, it’s exactly—whether that is the One of the things that intrigued me number of years. prototype for what is going to work in today, and I’m very proud of not just And here’s the simplicity of how this America, I can’t tell you. But I love President Obama but also the auto- works, because I love when people say, the idea that great thinkers are out mobile manufacturers and the various Well, we can’t do it, and the naysayers. there coming up with new ideas. The State governments that were involved And, oh, it’s too expensive or too this. simplicity of being able to plug a car in this discussion, to raise the mileage It just takes a little bit of thought to into a wall—there’s a plug in the most standards for automobiles to 35 miles a get it through. rural areas or there’s an electric outlet gallon by 2016, which is far faster than Here’s the simple idea. Right now, we in the middle of the city. was provided for in legislation we have a tank of gas that may get you 200 So I think that’s the kind of thinking passed in 2007. miles, 300 miles, and then you run out that I would love to see as we move for- But what’s fascinating to me about of gas. Okay? So it’s finite. It’s not like ward. I know that the tax incentives this, and I think the gentleman would your car runs indefinitely. You have to are in place for the development of our agree, that technology is going to out- stop at a gas station. And, of course, in companies in the United States that strip even these standards that we’re the United States, we have gas stations develop these. I know the American setting. I mean, there’s a Ford Fusion a lot of different places, but there people are ready for the jobs and our right now, 41 miles a gallon in the city, aren’t a lot of places you can get flex economy is ready for rebuilding. I a Ford Fusion hybrid. There are going fuels and a lot of other, which has held think this is that moment in time as to be electric cars that are coming out up the alternative types of engine de- we pass this stimulus bill and we’re within the next year or two that will velopment in the United States. now moving into the phase of letting essentially get far more mileage than This group has a car that has a bat- the companies compete for these the prescription in this agreement that tery, and the battery, I think right now grants and letting our universities par- was reached. the electric charge is maybe 100 miles, ticipate in the development with our So that’s just a measure, one more which, by the way, for most people, greatest scientists and greatest engi- measure of how successful, how innova- you don’t go more than 100 miles in neers to take us to the next level so we tive our economy can be when given a any city during the day. You may go will have energy security, national se- challenge. And all we’re trying to do in 30, 40 miles, and then you can swap the curity, cleaner environment, and the this legislation that we’re proposing battery out. You go to a gas station, kinds of economy that my kids, your

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12813 kids, maybe our grandkids in the fu- what the American people have to say that all of us feel very strongly this is ture, will be able to enjoy and partici- because those are the people impacted a moment where we want to hear from pate in. by the decisions that are made here in our constituents, to talk to us, to let Mr. YARMUTH. Exactly. And mil- Washington. And particularly at home us know what is on their mind; not get lions of new jobs and essentially a re- right now, I know where I live in south caught up on the discussions on cable duction in everyone’s utility costs that Florida, people are hurting, they’re television. Obviously, everybody’s got will amount to a substantial tax cut. suffering. They’re looking for what is an opinion. So, in my view, and I think the view of going on for the future of their jobs, Literally, when we come home and most Americans, this is a win-win-win- their businesses. If they’re senior citi- we’re talking every day at home with win-win. zens, they’re concerned about what’s what Americans are talking about, Before we yield to another colleague, going on in the economy. what is important to them, this is that I’d just like to go through some of But I think what is going on is there time to share with us. I know that these other poll numbers to show seems to be a little bit of a glimmer of many of you do. I just want to continue where the American people are, be- some turn here. It’s going to take time. that conversation as we move forward. cause sometimes we sit in this Cham- What we all inherited—I’m talking ber—and we have equal time with the about America, I’m not talking about I just wanted to thank the gentleman minority party so we have equal min- this Congress—but all of us as Ameri- for bringing us here tonight to talk utes. Sometimes you might get the im- cans, we inherited, unfortunately, a about energy because this is something pression that there’s an equal number pretty deep situation with the bank that is going to have one of the biggest of people who agree with that position, crisis and things like that. impacts on our future, both our foreign an equal number of people who agree We all go through recessions. Reces- policy and our domestic policy. I look with our position. sions cycle out. We do everything we forward to working with you and all But this is a poll actually done by a can as a country, both public and pri- the Members of Congress on making combination of Democratic and Repub- vate sector, to contract the amount of sure we get it right. lican pollsters and also by the Pew Re- time it’s going to take to allow a reces- Mr. YARMUTH. I thank the gen- search Group. Seventy-four percent of sion to go through. tleman. He makes a very important Republicans, 70 percent of Independ- But, again, I see this as a time also point, and that is that you started in ents, and 74 percent of Democrats be- with the new President, President this way, that we are at a critical junc- lieve jobs that reduce our dependence Obama, as really taking this moment ture in our Nation’s history and the on foreign oil are very important for to say we’re going to have to fix some history of the world. We, for once, at helping the economy over the next 5 to of the problems that have been fes- least in my memory, are starting to 10 years. tering a long time. We have an invest- look at the long-term needs of this Sixty-three percent of Republicans, ment in roads and infrastructure and country and this world. 70 percent of Independents, and 37 per- schools and bridges and things like We don’t do that very well in this cent of Democrats believe jobs that are that. country. It’s always we look to tomor- improving energy efficiency are very We have an investment in health row, we look maybe to next year, but important to helping the economy over care—to try to fix the health care sys- we don’t look at the next generation the next 5 to 10 years. tem. We’re debating a lot of new ideas and the generation past that. And in Fifty-nine percent of voters believe right now. I know that every one of us the debate we will have in coming efforts to tackle global warming will has a family situation with a pre- weeks on energy and later in the year help create jobs. We heard from the existing condition. My sister had can- on health care, we will hear, again, this other side earlier this afternoon that, cer diagnosed recently, and she’s going very distinct difference in opinion. Oh, gosh, efforts to reduce global to have problems with insurance. You warming emissions are going to kill know something? This is that moment I heard Members this morning and I jobs—millions and millions of jobs— when you need insurance—not a per- heard the minority leader on Sunday and result in a huge tax increase. Most fectly healthy person. on television talking about health Americans don’t agree with that. Most But whether it’s energy or health care, saying the cost of reforming Americans agree this is going to be a care or education or the bridges and health care is so great, it’s going to benefit for the economy. roads and universities, things like cost billions and billions of dollars, Seventy-seven percent of voters favor that, these are the things that I think which we know. We don’t know exactly action to reduce global warming emis- are really beginning to come out. The how much it’s going to cost to do that, sions. Fifty percent of voters say they polls can say something, as my friend but we know pretty certainly what the would view their Member of Congress from Kentucky said, but these are cost of not acting is, because the pro- more favorably if they support a com- Americans talking. These aren’t Demo- jections just in Medicare alone are that prehensive plan to create clean energy crats or Republicans or Independents. we’re facing something like a $70 tril- jobs and fight global warming. Only 22 These are Americans from all walks of lion projected deficit in additional def- percent say they would view their life, from all 50 States, rural areas and icit in Medicare over the next 50 years. Member of Congress less favorably. industrial areas, areas where there’s So we don’t have the option of not So it’s pretty clear from these num- been a great history of success and acting. We don’t have that option. Yes, bers and it’s pretty clear from the peo- areas that are now having great dif- we are going to spend some money in ple I talk to that the American people ficulties. the next few years. But, again, if we are strongly in favor of our taking dra- I think that’s why it is exciting to don’t, we face a certain dismal future. matic action to set our country on a have the kind of energy and the kind of If we act now, we have a chance of new path where energy is concerned to- leadership that’s coming out of the turning this country in the right direc- ward a cleaner energy future, a more White House. We may not necessarily tion and creating a very prosperous affordable energy future, toward an grant every single thing, but I think and bright future for our country. independent energy future. And I think that what’s going on right now in Now I’d like to yield to another that the moves we are making in this Washington, there’s a great amount of member of the class of 2006, a good Congress will take us in that direction. trying that’s going on, a great amount friend and colleague from Indiana, Mr. of effort going into passing things. I’m very proud that we’re doing that. DONNELLY. I yield to the gentleman from Flor- There’s been a number of bills ida. passed—everything from health care to The SPEAKER pro tempore. Without Mr. KLEIN of Florida. I thank the the energy issues. We know that as we objection, the gentleman from Indiana gentleman. I think when we talk about move forward there are going to be will control the remainder of the hour. polls, obviously it’s interesting to hear greater issues to tackle. And I know There was no objection.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12814 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 COMMEMORATION OF THOSE WHO GAVE THEIR when his vehicle rolled over during a could see how much he was growing to LIVES IN THE ARMED FORCES training exercise near Al Asad, Iraq. love his service. His dad Jim, when Mr. DONNELLY. Thank you, Mr. For most of his life, Sergeant Ford asked about his son’s service, said, Speaker. I’d like to thank my two col- was simply known as Joey. Joey had a ‘‘When he came home for Christmas, I leagues, Mr. KLEIN from Florida and love of learning throughout his life; in could tell he missed it. He missed the Mr. YARMUTH from Kentucky, for their particular, a passion for history that lifestyle. He missed his friends there. insightful ideas and words. led him to attend the University of He loved it, but missed his son. They Mr. Speaker, as we near Memorial Southern Indiana to major in history. were very, very close.’’ Day, I rise today to offer some words in Joey’s passion for history reflected a His son Nathan, only 8 years old, lost commemoration of those who gave passion for his country. This passion— his 28-year-old dad. This is part of the their lives in the Armed Forces; in par- this patriotism—kindled in him the de- tragedy of war. Soldiers fight and die ticular, three sons from our Second sire to serve his country. The dedica- to protect those they love, and we District of Indiana. tion to military service did not come must never forget the burden of sac- I know that words are only a poor without challenges for Joey. In order rifice borne by the loved ones who are and passing memorial, gone as soon as to meet the physical demands of the left behind. spoken. Flowers, plaques, and even military, he embarked on an aggressive His son and his family should know stone—the other tokens we offer on weight loss program, losing over 70 that Randy cared deeply for them. His Memorial Day to celebrate our fallen pounds in order to be able to join the mom said shortly after his death, sons and daughters—all of these will Indiana National Guard. ‘‘Randy was Mom’s baby, Mom’s angel. decay and crumble. Nothing we give This desire to serve his country did He was my heart.’’ And her angel, he will endure as long as the gifts of these not stop at the water’s edge. His com- remains. But he is also an angel for the soldiers who, in their death, gave an manding officer, Lieutenant Chastain, entire Nation. example of fidelity that will never die. stated that Ford wanted to be the gun- Mr. Speaker, ultimately the greatest Lance Corporal Cameron Babcock, ner on an armored vehicle rather than memorial to these fallen patriots, to was a native son of Plymouth, Indiana, the driver. He said of Joey, ‘‘He exem- Cameron, to Joey and to Randy, will and a proud member of the United plified what a dedicated soldier is.’’ not be my words nor anything we can States Marine Corps. Cameron lost his b 1715 build or bestow. Our greatest honor for life at Twenty-Nine Palms Marine Base them will be to look not toward them in California on January 20. This dedication was honored by his but to look where they looked, to seek Cameron was a fine young man. He posthumous promotion from specialist what they sought. If we work for that loved his family and he loved his coun- to sergeant and the awarding of a same good for which they gave their try. Cameron was fun-loving and was Bronze Star. lives, if we create a nation at once known for his bear hug. He knew the Mr. Speaker, great as his love of more just, more secure, and more free, value of the small things that made life country was, he also loved his family, we will be a brighter beacon in a fre- a joy—being with friends, playing in particular, his parents Dalarie and quently dark world; and we will have music, four-wheeling, and spending Sam and his wife Karen. given our fallen brothers and sisters a time with his beloved family. Cameron Joey had met the love of his life true memorial worthy of them. was successful in enjoying the many while he attended the University of Thank you, Mr. Speaker. riches of life. Southern Indiana. His friend and fellow I yield back the balance of my time. His talent with the trumpet led him Guardsman, Keith Ausland, noted that f to compete at the State Jazz Festival his conversations with Joey during in 2005, and his musical talent also led training and in Iraq generally ended MESSAGE FROM THE SENATE to his participation in the Wind En- not with concerns about the mission A message from the Senate by Ms. semble, comprised of some of the top but concerns about his family. Ausland Curtis, one of its clerks, announced musicians at Plymouth High School. wrote in his tribute to Joey that, ‘‘Joe that the Senate has passed with an Cameron’s warm personality attracted was a new husband, and he loved his amendment a bill of the House of the to him a wide circle of friends. wife dearly.’’ following title: When his mom Dalarie was asked But Cameron also knew the value of H.R. 627. An act to amend the Truth in matters larger than himself. His life- about the one thing she would want her Lending Act to establish fair and trans- long dream was to join the proud ranks son remembered for, she said, ‘‘He was parent practices relating to the extension of of the United States Marine Corps. so kind to everybody. At the memorial credit under an open end consumer credit Shortly after graduating from Plym- service it was amazing just to see all plan, and for other purposes. outh High School in 2006, Cameron the unique people who loved Joey. He f dove right into this dream and en- never wrote off anyone, and he was listed. His energy, enthusiasm, and friends with everybody, all shapes, ADDRESSING THE HEALTH CARE many gifts made the Marine Corps, and sizes, all walks of life. Joe was a gentle CRISIS this Nation, much better. soul.’’ So today we remember and The SPEAKER pro tempore. Under He became an infantry rifleman, ex- honor Joe Ford, a patriot and a gentle the Speaker’s announced policy of Jan- celling all through basic training. Be- soul, a proud dad, a proud husband and uary 6, 2009, the gentleman from Ten- fore long, he proved his bravery by a wonderful son. nessee (Mr. ROE) is recognized for 60 serving a tour of duty in Iraq, spending Mr. Speaker, for much of the history minutes. several months in Ramadi in the Sunni of war, the number of soldiers struck Mr. ROE of Tennessee. Thank you, Triangle. In this dangerous setting, down on the battlefield has been Mr. Speaker. We’re here this evening to Cameron continually did his job faith- dwarfed by those killed by illness and begin and continue a very important fully, and he did it well. disease. Thankfully, modern medicine debate in American society. I think it’s He won a variety of honors for his has made the scourge of disease far probably one of the most important so- service and, at the time of his death, more remote for our soldiers today, cial debates we’ve had in the last 40 was prepared to again answer the call which makes the death of Private years in this Nation since the debate of duty for his country and return to Randy Stabnik, also of the Indiana on Medicare in 1965. Iraq. Army National Guard, all the more We’re here tonight as a Physicians Mr. Speaker, I also want to recognize painful. Caucus to discuss health care reform. the life and service of Sergeant Joseph On February 17, Private Stabnik died My background, I spent 31 years prac- Ford, originally of Knox, Indiana, a from pneumococcal meningitis, a rare ticing medicine in Johnson City, Ten- proud member of the Indiana Army Na- and unexpected death. After Randy had nessee, in the First Congressional Dis- tional Guard. He died on May 10, 2008, joined the National Guard, his family trict. As I’ve watched our health care

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12815 system change over the past 30 years, of the health care plan and how it is to In Tennessee when we applied the it really spurred me to run for Con- be administered and obtained. The TennCare solution, which was a man- gress, to come here and be part of this principles that we’re going to talk aged care solution with multiple third- great debate that will affect every about for health care reform are, num- party payers at that time, the plan was American citizen. ber one, make quality health care cov- not fully vetted and thought out well. I recall when I made my decision to erage affordable and accessible for One of the things I’ve said the entire go to medical school, I wanted to be a every American regardless of pre- time I’ve been here, Let’s do this family practitioner. Somewhere along existing conditions. In a country that health care plan right. Let’s not do it the way, I discovered I had a great spends 16 percent of its GDP, over $2 fast. I think one of the mistakes we knack and a love of delivering babies. I trillion a year, on health care, I think made in Tennessee was going too rap- have delivered almost 5,000 of them, there’s no question that we can provide idly with this plan. many of whom are now grown. One of a basic health care plan for each Amer- So we instituted this plan, and what the great advantages you have as an ican. we found out was that 45 percent of the obstetrician when you run for Congress Now what I mean by basic health people who applied for TennCare and is that you can deliver your own vot- care, it’s not a plan where you can get were granted it had private health in- ers. There is some advantage to that. hair transplants or face-lifts or all this. surance coverage. Well, I went to the We have a health care problem in But if you are out there injured in an providers recently, hospitals and other America. Some call it a crisis. For automobile wreck or have a heart at- providers, and I said, What percent of some, it is. For others, it’s cost. Cer- tack or have a gallbladder that goes your costs does Medicaid or TennCare tainly we know that there are great bad, you can get basic health coverage pay in your particular facility? And concerns about the cost of health care. and care. the resounding answer was, about 60 In the next hour we’re going to dis- I think this is something that all percent. So you have a significant per- cuss how we’re going to address this Americans believe in. I think we now centage of people now who have given health care crisis. We can ensure that have crossed that bridge and believe we up their private health insurance and every American can get the care they can do that. I think the differences have gotten on the public plan, which need, protect individuals from costs we’re going to have in this great debate only pays about 60 percent of the pro- that can bankrupt them and make that we’re going to have are, how are vider costs. You also have the unin- health insurance portable so that you we going to accomplish this very noble sured who pay some percentage of their don’t lose your coverage just because task? In a few minutes I will go own costs, and Medicare pays about 90 you change jobs or move from one through how we tried this in Ten- percent of the costs. State to another. nessee, and how it was not successful. So as you shifted more people from We can also take the profits out of But I think it can be. the private plans to the TennCare plan, health care by reforming the health in- Most Americans also fear, I think you forced the private health insurers surance industry to bring about a pa- rightly so, that a basic health prob- to charge more for their plan. That’s tient-centered approach to providing lem—it may be leukemia or a cancer of what happened. What I can see hap- health care. Enacting a public plan will some type—can bankrupt the family. pening in the public plan is exactly not bring about this type of change, Certainly we don’t want a situation this. It’s going to be described, we’re and I’m going to go into that in some where a family, through no fault of going to have a plan that’s competi- detail from the experiences we’ve had their own, develops a disease process, tive. It will be very rich in benefits. in the State of Tennessee with our Ten- and then you use up all the family re- And what happened was, in Tennessee nessee Medicaid system called sources you’ve saved in a lifetime to the actual TennCare plan was richer in TennCare. provide care for your family. benefits than I could afford to provide If you think you won’t be affected by The second principle we’ll talk about my own office staff and myself because a public plan, consider this: A recent is not a government-run health care of the costs. analysis of this plan by the respected plan. This eliminates coverage for When you have politicians deciding independent firm Lewin Group esti- more than 100 million people who re- what goes into a basic plan, it will be- mated that 70 percent of individuals ceive insurance from an employer, and come richer and richer and richer. who have health care coverage through it restricts patient choice of doctors What will happen in the public plan— their employer would lose those bene- and treatments and results in the Fed- and you’ll hear the buzzwords. It will fits in favor of a public plan. Now this eral Government takeover of health be competitive. If you like your own plan could very easily become a Med- care. health insurance coverage, you can icaid-type plan. Let me sort of explain how this keep it. You don’t have to give it up. When supporters of a public plan say worked in Tennessee. In the early nine- Just keep what you have. they want the public plan to compete ties and mid-nineties, the big debate in Well, what will happen is this: Busi- with private plans, the facts show that this country came along about control- nesses will make a perfectly logical de- what they’re really saying is that they ling health care costs or managed care. cision. What they will do is—and this is want Washington bureaucrats to take We were going to control costs through small business because in businesses in over the health care decision-making. deciding who and what care was appro- this country with over 200 employees, I want to talk for a while or speak to priate and so on. Well, that didn’t 99 percent of those have health insur- you a little while about the principles work. Health care costs have continued ance coverage. that House Republicans have put for- to escalate in spite of managed care, So this is what will happen. You have ward to start the debate over how to and managed care basically has moved the public option plan, the govern- bring about patient-centered health the pay to providers over to the third- ment-run bureaucratic plan that will care. party payers. have a lot of benefits, except it won’t I want to mention a couple things be- In Tennessee we had a very noble pay the cost of care. And when that fore we start. Health care affects all of plan. We wanted to cover everyone in happens, the cost of private insurance us, whether we’re Democrats, Repub- our State, and we’re not a wealthy once again will be forced up, causing licans, Independents, or whether we’re State, so it was a noble goal. Right more and more and more businesses to totally apolitical. At some point in now in the State of Tennessee we have do away with their private health in- time in your life, you’re going to have TennCare, which is our Medicaid plan. surance plans and put it on the public to make decisions about how I receive We have the uninsured, we have Medi- plan. And really over time—and I think and get health care for myself or my care, and then we also have the private a very short period of time—you will family. health insurance coverage. About 60- see the public plan, along with Med- We’re going to start this evening by plus percent of Americans are covered icaid and Medicare, become the only giving another opinion or another view by private health insurance coverage. options available.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12816 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 Now why do we think that this is not Yes, I wanted to make a few com- is just one way to control cost, and a good idea? Well, we’ve looked at pub- ments, as well, regarding this health then, of course, ultimately we have to lic plans, and I have studied these ex- care debate that is coming to a head pay higher rates. tensively in foreign countries. In Eng- here very soon. Patients are very sim- So I think that we really have to land, Canada, Sweden, Norway, Ger- ple in what they want from health look at the endemic problems within a many, France, Italy, other major Euro- care. Certainly they want choice. They private system versus a public system pean industrialized nations. want affordability. They want control. when we see that really there are only And they want good results. And I two ways to control cost in a public b 1730 think that that is quite reasonable. system. And we are attempting one of And this is what you would find. The And certainly on the other side of the them and have been doing so for the way costs are controlled are by ration- aisle where there is a debate about a last 20 or 30 years, and that is price ing care. In other words, when you single-payer system, really a govern- controls, price controls on the pro- have used up all the public dollars that ment-run system, I think that there is viders, the hospitals and the doctors. you have dedicated for health care, you not any disagreement about the fact And that would be a wonderful thing have to create ways. An example is in that we want everyone to have access perhaps, at least for consumers, if it Tennessee. What we did was we simply to health care, and we want everyone worked. But what goes up faster than shrank the rolls. We realized if so to have access to good health care. health care every year? Nothing that many people got on the public plan, the I think where the debate begins to I’m aware of. It is the one part of the TennCare plan, that the State no fall down is that in our opinion on this economy where we have price controls, longer could afford to budget for it. side of the aisle, we feel that a govern- the only one, and yet it goes up faster Our health care costs were more than ment-run system is not a well run sys- than anything else. education in the State. So what the tem. It is an inefficient system. It is a Well, what is the only other way we Governor did, along with the legisla- wasteful system. We have many, many can control costs? That is rationing. ture, is just cut the number of people examples of why that is true. We don’t And you say, well, we are not rationing off the TennCare rolls. have to even turn to health care. We care today. Look at Medicare and Med- Well, for instance, in Canada, if you can look at any system that has been icaid, still a reasonably smaller per- have a heart attack, your average time run by government, and not just the centage of the total health care system to go to the operating room is 117 days. United States Government. Cities and here, and it is able to provide good They simply ration their care in Can- States all reveal considerable waste be- service to recipients, even though they ada. And they have great physicians cause it is the nature of the system are government-run programs, only be- there. As a matter of fact, in the last itself. On the other hand, in the private cause you have a much larger private decade, 11 percent of the Canadian phy- system, there is the administrative system that is able to keep it sup- sicians have moved to the United ability to remove fraud, waste and ported. Now if we expand that to a States. I have several very close friends abuse. large, government-run health care sys- who are Canadian physicians and col- I will give you an example. Today tem, it is going to make up 17 percent leagues. And they do a wonderful job. with Medicare and Medicaid, we recog- of our entire economy. Where are we The president of the Canadian Medical nize that there is fraud, waste and going to get the money to prop that Association once stated that a dog in abuse. Everyone knows it. Many politi- system up? Where is it going to come Canada could get a hip operation with- cians get up and clamor that they will from? And so what we are going to end in 1 week, and a patient there, it took be able to remove it, but none has been up with is the same place where Can- between 2 and 3 years, simply because able to do that. The reason is because ada, the U.K. and all the other coun- of lack of government funds to provide of the nature of government itself. tries that have gone to a single-payer, all of the benefits that the government Government cannot remove fraud, government-takeover-run system, and had promised. waste and abuse. In order to attempt to that is that there is going to have to be So in this particular plan, the one do so, it has to build, first of all, a cuts. When we get up to a point where budgets have to be evaluated, we are thing that I want as a physician, that large bureaucracy. It has to catch the going to have to make cuts. And when I have utilized for years, is that you offenders. With that, there has to be want to maintain the patient-physician you make cuts, that equals rationing. prosecution of the offenders. And when Mr. ROE of Tennessee. Will the gen- relationship. The one thing that is ab- you get down to it, you only find the tleman yield for a moment? solutely mandatory, in my mind, is very most egregious small percentage Mr. FLEMING. Yes that the decisionmaking between pa- of those who are actually committing Mr. ROE of Tennessee. Here just a tient and physician is paramount. Doc- fraud, waste and abuse. So you get minute ago, we heard a debate on the tors and patients should be making really a small tip of the iceberg. So floor about how we are going to have to health care decisions. Some govern- much more is underneath that a gov- redo Medicaid and Medicare. And we ment bureaucrat should not be decid- ernment can never get to. have a system already that has prom- ing whether you get your hip replaced On the other hand, if you look at a ised up to as much as a $70 trillion or your aging parents get the care they private business, private business has promise that we have unfunded, a gov- need. all sorts of ways of finding fraud, waste ernment system that we don’t have the I’m going to stop at this point in the and abuse and removing it administra- money to pay for now, and we are principles, and there are lots to talk tively. For instance, a physician who is thinking about starting another one, about tonight. And I see my colleague, practicing inefficient medicine in an another government system. And you Dr. FLEMING from Louisiana, is here. organization, in a private organization, mentioned rationing of care. It brings And I would like to yield him as much he can be reeducated, or she can be re- to me the thought of breast cancer. time as he feels is necessary. educated, or just simply removed en- As a physician in our practice, we av- Mr. FLEMING. Well, thanks to my tirely from employment. But govern- erage seeing one newly diagnosed colleague and the gentleman from Ten- ment is unable to micromanage indi- breast cancer per week. And when I nessee, Dr. ROE. Dr. ROE certainly has vidual behavior. And every time we at- began my practice over 30 years ago, a lot to bring to the table being a phy- tempt, we simply run cost up. And I half the women, approximately half the sician for many years and also having will give you another good example of women, died in 5 years after being diag- quite a political background being that. If you look at the post office and nosed with breast cancer. It was a ter- mayor of a city and actually having compare it to FedEx or UPS, you will rible, and still is, a terrible diagnosis. balanced a budget and even having a see these private companies run so effi- And one of the great miracles of medi- surplus, something we don’t see very ciently and so profitably. And yet, of cine is we haven’t cured that disease, often these days. And so I thank the course, the post office does not run effi- but we have improved the life expect- gentleman for that. ciently. There are long lines. And that ancy for a woman diagnosed early to a

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12817 5-year survival rate of 98 percent. It is those are illegal aliens. And, of course, plan that’s controlled and subsidized a wonderful story to tell. When a pa- that is a whole other debate. We need by the government, whose responsi- tient comes to my office, and she says, immigration reform. There is also bility it is to be sure that there’s an Dr. ROE, how am I going to do? I can probably half that number who are even playing field in the competitive say, look, you’re going to have some young adults who are healthy who arena, we know that the public plan tough times. It’s going to be hard. This elect not to get any health care insur- will always receive advantages and therapy is going to be difficult and ance coverage. And so we have a real benefits, and the private plan will then tough. But you’re going to make it. challenge before us to entice or to atrophy. I think it’s far better to work And you’re going to live. And you’re incentivize them to join, because if through the private arena and to let going to get through it. And I’m going they join into the plan, we can work the government do what it does best, to be through it with you. through preventive health care and and that is to protect its citizens and What has happened in England is early diagnostic care to prevent them to ensure an even playing field. that the best results they had ever was from disease down the road, and also With that, I yield back to my friend a 78 percent 5-year survival rate. And their dollars up front will help fund the from Tennessee. they quit doing routine screening last 10 million, which is the most crit- Mr. ROE of Tennessee. Thank you, mammograms in England. And the rea- ical 10 million, and that is older adults Dr. FLEMING, and thank you for those son they quit doing that is because who are not Medicare age who do not great comments. there is a false positive rate. That have affordable accessibility to health For the public, we have had, for the means the test says you have some- care coverage, and therein lies a prob- last several weeks and months, a physi- thing wrong, you go and have a more lem. They are not the poor. They are cian’s caucus that has met now some- sophisticated biopsy. It is called a not the elderly. And they are not peo- times one and two times a week to dis- ‘‘wire-guided biopsy.’’ It requires a ra- ple that work for corporations. They cuss this ongoing health care debate. diologist. It is a fairly sophisticated, as are small business owners and their With us tonight here is one of the lead- you all know, procedure. But what hap- employees, a critical 10 million popu- ers in that caucus, Dr. PHIL GINGREY, pens is that that costs more than the lation that are finding their ways into who happens to just have the same spe- screening mammogram. So now they the emergency rooms late in their ill- cialty as I do, and he has been very just wait until you develop a lump that ness with outcomes poor, far more cost heavily involved in the health care de- you can feel. And as most physicians required. And of course we physicians bate over the past several years, so I know, that is about 2 centimeters or and hospitals have a mandate to pro- will yield now to Dr. PHIL GINGREY three-quarters of an inch. vide care to them regardless of their from Georgia. I don’t think the American people ability to pay, which is a noble Amer- Mr. GINGREY of Georgia. Mr. Speak- are going to tolerate that for their ican concept. But the problem is, that er, I thank the gentleman for yielding. families. I know I won’t tolerate that cost has to be passed on to others, tax- It’s a pleasure to be on the floor with for my family. I don’t want a govern- payers, those who are paying their in- my colleagues, with my physician col- ment decision based on the amount of surance subscription rates. And I’m leagues, who are part of the GOP Doc- money whether my wife or my daugh- sure we, as Americans, are willing to tors Caucus. I think, among us, we ter can have a mammogram. I yield do that to an extent. But if you take have something like 335 years of clin- back. those same dollars and you allow these ical experience, so we do feel that we Mr. FLEMING. I thank the gen- people to get insurance and early pre- bring to the body, to this great House tleman from Tennessee, Dr. ROE, for ventive care, have a medical home, a of Representatives, some useful infor- his excellent comments. family doctor, those costs will col- mation, some practical information, What you’re pointing out is that ra- lapse. They don’t have to be the high- not highbrow, academic, research- tioning is not just about inconven- price, low-yield kind of care that they based information. I think we’re just ience, although there is a lot of incon- get through the emergency room. talking about, for the most part, the venience where someone has to wait 6 And lastly, I think it is important meat and potatoes practice of medi- months to get a surgery, elective sur- that we look at reforming health care cine, different specialties. gery or something like that. But it also laws where we can allow physicians We just heard from our colleague means accepted death rates and accept- and hospitals and other providers to from Louisiana, Dr. FLEMING—a family ed morbidity rates so that people go come together to begin to work to- practitioner for many years. Dr. ROE unable to work because they need a hip gether and to compete to lower the from Tennessee is a long-term practi- replacement or someone dies waiting overall cost of health care rather than tioner of obstetrics and gynecology, as for needed surgery for a disease dis- having it being dictated from Wash- am I, and we have a number of order. They go delayed diagnosis for a ington, which as I pointed out, is really orthopedists in our GOP Doctors Cau- tumor which is going to end up in a very poor way to try to cut costs. cus. So we bring a broad spectrum of much more cost down the line because And then finally, that we do away, experience. it wasn’t prevented or diagnosed ear- remove from the lexicon, the idea and You know, as we look at this issue of lier. So rationed care I think is unac- even the verbiage that says ‘‘pre- health care reform, the main thing is ceptable to the American mind. And I existing illness.’’ There should never be the urgency that the Democrat major- would just say that if we go towards a that term used ever again. ity has placed upon it to the extent government-run system, we have to be that the Speaker, the majority leader, willing to accept the fact that we will b 1745 and the President want a health care have rationed care. I don’t see any way In conclusion, I just want to empha- reform bill by the time that we leave around that. size the need to remove the term ‘‘pre- here for the traditional August recess. I do want to just sum up before I existing illness’’ from the lexicon and Here we are in mid-May, so we’re talk- yield, and that is that I think that in that we make it easy and affordable for ing about, maybe, 21⁄2 months away. evaluating the American psyche today all Americans to access the health care It’s going to be awfully tough to do when it comes to health care, we find system; but as I say, I think we all to- that. Although, Mr. Speaker and my that 83 percent of Americans like the night would agree that that is done colleagues, we have been doing a lot of health care the way it is. They like much better through a private plan work on both sides of the aisle. Unfor- their insurance coverage. They like the rather than through a government tunately, it has not been done in a bi- doctor that they see. They are happy. plan. I know that we hear some rhet- partisan way. Those of us in the minor- The problem that we are talking about oric about, well, let’s have both a pri- ity, the Republican Party, have really today is the 47 million uninsured. And vate plan and a public plan—and I’m not been privy to too many details who are these people? Well, statistics sure that my colleagues tonight will about what is in the Democratic major- tell us that probably 10 million or so of expand on this—but if you have one ity’s plan for health care reform; but

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we can read; we can watch television; For Dr. ROE and I, our motto was care. A lot of their doctors move to we can listen, and we can pay atten- ‘‘Don’t just do something. Sit there.’’ this country where they can practice tion. Indeed, there have been some I’m talking about late at night when medicine and can make a decent living. trips over to the White House to com- you’re waiting for a lady to have a So I just wanted to touch on that. I miserate with the new Commander in baby, and if you just leave her alone, will yield back to Dr. ROE, who is con- Chief, our President, about ideas. she’ll have that baby, and all you’ll trolling the time. The former majority leader of the have to do is catch it, and if you start My friend from Georgia, Dr. PAUL Senate and the almost Secretary of meddling and trying to push things and BROUN, is on the floor. I know he’ll Health and Human Services—and I’m rush things and overreact, you cause want to talk and will want to bring talking about Senator Tom Daschle— some problems, don’t you, Dr. ROE? some intelligence to this issue, but wrote that book called ‘‘Critical’’ I yield to the gentleman. let’s just say this as my closing re- where he kind of outlines what he Mr. ROE of Tennessee. We used to marks: thinks the blueprint for health care re- say, ‘‘Smoke a long cigar.’’ I don’t want to just do something form should be. So we’re getting little Mr. GINGREY of Georgia. ‘‘Smoke a even if it’s wrong. I’m willing to sit inklings. long cigar.’’ That’s right. A ‘‘covered there, to think and to hear from a lot I’ll tell you, Mr. Speaker, the main wagon’’ I think they called those of different folks who are experts on thing that we’re opposed to, and I things back when I was a kid. how we can best solve this problem, on think that I speak for all of my col- Mr. Speaker, that’s what I want to how we can deal with this, whether leagues, I know, in the Republican GOP bring to this discussion tonight. We they’re the hospital associations, Doctors Caucus but probably for most need to be very careful not to over- whether they’re the insurance compa- of my colleagues on this side of the react. We don’t need a government-run nies, whether they’re the pharma- aisle no matter what their profession. program to solve this problem. We do ceutical companies or whether they’re We do not want to overreact to a prob- have too many who are uninsured. the doctors who’ve practiced for many, lem, to a problem of too many people There are various and sundry reasons many years. I think we can come up not being able to afford health insur- why they don’t have health insurance. with the answer, and I think we can do ance, to an overall problem of the cost Yes, some of them are not poor enough it a whole lot better. of health care and to those insurance to be eligible for Medicaid, so they The final expression that I’ll throw policies, 150 million of them probably missed that safety net. They’re not old out there, Mr. Speaker, to you and my provided by employers. Many of these enough to be eligible for Medicare, so colleagues is the one that everybody employers are small, mom-and-pop they missed that safety net. They just has heard: ‘‘Don’t throw the baby out companies, and they just can’t afford have enough money, but they can’t af- with the bathwater.’’ We are on the it. They can’t afford to continue to pay ford expensive health insurance. We verge of doing that. That would be a those premiums that are increasing by can do things to help them without horrible thing for this country to take double-digit rates from year to year. turning this great health care system So that’s the problem, and we all un- a great health care delivery system that we have—lock, stock and barrel— derstand that people don’t have access that needs some tweaking and that we over to the Federal Government. because they can’t afford it. In some can do in a bipartisan way without Right now, part of the reason for instances, they don’t have access be- turning it over—lock, stock and bar- lack of access and affordability is that cause they have preexisting conditions, rel—to the Federal Government. They the private market and the physicians but we don’t have to overreact. I don’t do a lousy job at running a lot of pro- who practice in that venue have a tend- know why it is that, in Congress, ev- grams, and I certainly don’t want them ency to do too much. Maybe they order erything has to be a knee-jerk response deciding what needs to be ordered and too many tests. Maybe they order du- where you just absolutely have to to come between the doctor and the pa- plicate tests because they don’t know throw the whole kitchen sink at every tient in the exam room. problem. It may be because the media, that the doctor down the street or in With that, I’m going to yield back to in some instances, ginned it up almost the next county had done the very Dr. ROE of Tennessee. to the point of hysteria. Then there are same test a month ago. There are no Mr. ROE of Tennessee. Thank you, a lot of public opinion polls taken and electronic medical records for at least Dr. GINGREY. Thank you for those com- a lot of push, and the next thing you 300,000 doctors in this country, so we’re ments. know, you’ve spent $2 billion in pre- a long way from having fully inte- I think one of the things that has paring the country for swine flu and in grated electronic medical records concerned me the more I have watched producing a vaccine that probably will where, every time that patient comes this system and have watched this de- never be used, and if it is used, it will into your office or into the emergency bate go on is, since I’ve been here, I’ve have the potential of doing a lot more room, you know exactly what they’ve had one of the health care think tanks harm than good. had, what you should order and what in my office about every week or so to I don’t want to say that we over- you shouldn’t order. discuss this issue, and it is incredibly reacted to Katrina. I don’t think we So that’s all part of the problem, but complicated. That’s why we cannot do did, but—gosh—we did buy a whole lot we can deal with this without having a it rapidly, because it is so complicated. of trailers, sitting somewhere down government default program, because I’ll now recognize my colleague from there in Louisiana, that are soaked what happens is, in that instance, Georgia, Dr. PAUL BROUN. with formaldehyde because the con- you’re going to say, well, I’m going to Dr. BROUN. struction was rushed. solve this problem because the doctors Mr. BROUN of Georgia. I thank you, You know, in a lot of instances up and the hospitals are doing too much Dr. ROE, for yielding me some time. here, we create, I think, more problems and are running up the cost, and so you I want to make sure that the Amer- than we solve. There was an old adage, turn it over to the Federal Govern- ican people know what we’re talking Mr. Speaker, in OB/GYN—and I think ment. What do they do? They do too about. We on the Republican side are Dr. ROE has probably heard this one, little. They do too little. They begin to offering alternatives for the health too, because he’s also an OB/GYN prac- ration just like they do in other coun- care financing problems we have in titioner. Most people want to say, tries, like in the U.K. and like our America, and they are huge. People ‘‘Don’t just sit there. Do something.’’ great friends to the north and like cannot afford to buy insurance. There How many times have we heard that other countries that have experienced are a number of people who are strug- expression up here? I mean, people will that for many years. The only way gling just to have halfway decent call and say, ‘‘For goodness sakes, why they can pay for those systems is by health care insurance coverage, and don’t you all do something? Don’t just rationing and by long queues. What that is a huge problem that we need to sit there. Do something even if it’s happens? If they can afford to, a lot of fix, and we need to do it as quickly as wrong.’’ those people come to this country for we can.

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I agree with Dr. GINGREY, my col- between a Washington-based health RECESS league from Georgia, that we can fix care system, or is it a choice of a pa- The SPEAKER pro tempore (Mr. that system. We need to, and we need tient-centered health care system HEINRICH). Pursuant to clause 12(a) of to do it as quickly as we possibly can. where those decisions are made in the rule I, the Chair declares the House in Yet what’s being proposed from the doctor-patient relationship? And that recess subject to the call of the Chair. other side of the aisle, from the Demo- is what we’re offering. Accordingly (at 6 o’clock and 5 min- And I’m just encouraging the Amer- crat side, is to set up a Washington- utes p.m.), the House stood in recess ican citizens all over this country to based health care system where health subject to the call of the Chair. care decisions are going to be made by write their Congressmen, write their some bureaucrat here in Washington, Senators and demand a patient-cen- f D.C. That bureaucrat will tell your tered health care system. Demand that b 1828 doctor how he can deliver your care— our alternatives are heard. what care he can give you and when he NANCY PELOSI has blocked—she has AFTER RECESS can give it to you. been an obstructionist for every single The recess having expired, the House What that’s going to do is take away alternative that we’ve offered whether was called to order by the Speaker pro it’s for energy, whether it’s for envi- your choice. You may not have a tempore (Mr. HEINRICH) at 6 o’clock choice of your doctor. You may not ronmental issues, whether it’s spend- and 28 minutes p.m. have a choice of what hospital you go ing, whether it’s straightening out this f to. You may not have a choice of economic situation, as well as the whether you can even get some kind of health care solution. She has been an REPORT ON RESOLUTION PRO- procedure or a test or not. What it’s obstructionist. She’s blocked every at- VIDING FOR CONSIDERATION OF going to do is it’s going to delay your tempt we’ve made to deliver to the SENATE AMENDMENT TO H.R. being able to get those tests and those American people alternatives that 627, CREDIT CARDHOLDERS’ BILL procedures even if the Federal bureau- make sense from an economic perspec- OF RIGHTS ACT OF 2009 tive as well as a market-based perspec- crat says that you may have them. Ms. PINGREE of Maine, from the Com- We can’t go down that road. It’s tive. So we need to give our plans the light mittee on Rules, submitted a privi- going to destroy the quality of health of day. And the American people are leged report (Rept. No. 111–120) on the care. It’s going to destroy the health going to have to demand that, Dr. ROE. resolution (H. Res. 456) providing for provisions that you’re getting today as It’s the only way it’s going to happen. consideration of the Senate amend- an American. I don’t want that, and And I encourage people to contact ment to the bill (H.R. 627) to amend the I’m sure you don’t want that. I’m sure their Members of Congress and demand Truth in Lending Act to establish fair Dr. ROE doesn’t want that. I’m sure no that we slow this steamroll of social- and transparent practices relating to physician, at least on our side of the ism, as I’m calling it, this rolling the extension of credit under an open aisle, wants that kind of a health care over—the financial services industry is end consumer credit plan, and for other system to deliver your health to you rolling over the car manufacturing; it’s purposes, which was referred to the by some Washington bureaucrat. We’ve rolling over now the health delivery House Calendar and ordered to be got to stop that, and it’s up to the system. And we, as Americans, need to printed. American people to do so. demand that all alternatives are heard, We’re offering alternatives, many al- f that we have the time to put some- ternatives. I know one of our col- thing in place that makes sense to give REPORT ON RESOLUTION PRO- leagues I talked to today is introducing patients the choice that they need. VIDING FOR CONSIDERATION OF a bill tomorrow that is going to be a So I congratulate you for doing this. H.R. 2352, JOB CREATION health care reform bill. Our health care It’s absolutely critical for the future of THROUGH ENTREPRENEURSHIP working group is developing a plan. I’m health care. If we continue down this ACT of 2009 developing one in my office also that’s road that the Democrats have taken, Ms. PINGREE of Maine, from the Com- independent of everything else, but we it’s going to destroy the quality of mittee on Rules, submitted a privi- need to develop a solution that is pa- health that we deliver as physicians to leged report (Rept. No. 111–121) on the tient-centered, not Washington-cen- our patients, that you did as a practi- resolution (H. Res. 457) providing for tered. We need to develop a plan that tioner for so many years and I have, consideration of the bill (H.R. 2352) to gives the American people the choice— also, for so many years. So I thank you amend the Small Business Act, and for the choice of their doctor, the choice of so much. other purposes, which was referred to their hospital, the choice of whether Mr. ROE of Tennessee. Dr. BROUN, the House Calendar and ordered to be they get a procedure or not. It should thank you for your comments. printed. not be made by some Washington bu- And just to summarize and sum up. I reaucracy or bureaucrat or Federal bu- think our time is just about gone. f reaucrat anywhere, whether it is in At- This is just the beginning of this de- SPECIAL ORDERS GRANTED lanta—in my own State—or in Knox- bate. It is a very important debate for ville or anyplace else. the American people. We just got By unanimous consent, permission to address the House, following the legis- b 1800 through a few of the principles tonight. We will continue those at another lative program and any special orders We’ve got to develop a health care time. heretofore entered, was granted to: system that is patient-centered to give But I thank Dr. BROUN for being here, (The following Members (at the re- patients the choices that they deserve and I thank the Speaker. quest of Mr. CONNOLLY of Virginia) to and they desperately need. We, as Re- I yield back the balance of my time. revise and extend their remarks and in- publicans, are going to give you that f clude extraneous material:) opportunity. The opportunity is not Ms. WOOLSEY, for 5 minutes, today. going to be available from the other FURTHER MESSAGE FROM THE Ms. WATSON, for 5 minutes, today. side of the aisle. They’re developing a SENATE Ms. KAPTUR, for 5 minutes, today. socialized medicine program, a Wash- A further message from the Senate (The following Members (at the re- ington-based health care system to by Ms. Curtis, one of its clerks, an- quest of Ms. FOXX) to revise and extend give your health to you by some Wash- nounced that the Senate concurs in the their remarks and include extraneous ington bureaucrat, not by a doctor. House amendment to the bill (S. 896) material:) And the American people need to ‘‘An Act to prevent mortgage fore- Mr. FORTENBERRY, for 5 minutes, know that very clearly, Dr. ROE, be- closures and enhance mortgage credit today. cause they have a choice. Is it a choice availability.’’. Ms. FOXX, for 5 minutes, today.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12820 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 May 19, 2009 (The following Member (at his re- tration, transmitting the Administration’s Zone; Allegheny River, Pittsburgh, PA quest) to revise and extend his remarks final rule — Testimony by Employees and [Docket No.: USCG-2009-0175] (RIN: 1625- and include extraneous material:) the Production of Records and Information AA00) received May 13, 2009, pursuant to 5 in Legal Proceedings, Claims Against the U.S.C. 801(a)(1)(A); to the Committee on Mr. MANZULLO, for 5 minutes, today. Goverment Under the Federal Tort Claims Transportation and Infrastructure. f Act, and Claims Under the Military Per- 1901. A letter from the Attorney — Advisor, SENATE ENROLLED BILL SIGNED sonnel and Civilian Employees’ Claim Act of Department of Homeland Security, transmit- 1964; Change of Address for Requests [Docket ting the Department’s final rule — Safety The SPEAKER announced her signa- No.: SSA-2009-0015] (RIN: 0960-AG99) received Zone; Barge BDL235, Pago Pago Harbor, ture to an enrolled bill of the Senate of May 4, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); American Samoa [Docket No.: USCG-2009- the following title: to the Committee on Oversight and Govern- 0159] (RIN: 1625-AA00) received May 13, 2009, S. 386. An act to improve enforcement of ment Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mortgage fraud, securities and commodities 1891. A letter from the Acting Assoc. Gen. mittee on Transportation and Infrastruc- fraud, financial institution fraud, and other Counsel for General Law, U.S. Department of ture. 1902. A letter from the Attorney — Advisor, frauds related to Federal assistance and re- Homeland Security, transmitting a report Department of Homeland Security, transmit- lief programs, for the recovery of funds lost pursuant to the Federal Vacancies Reform ting the Department’s final rule — Crew- to these frauds, and for other purposes. Act of 1998; to the Committee on Oversight and Government Reform. member Identification Documents [Docket f 1892. A letter from the Acting Assoc. Gen. No.: USCG-2007-28648] (RIN: 1625-AB19) re- ADJOURNMENT Counsel for General Law, U.S. Department of ceived May 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Ms. PINGREE of Maine. Mr. Speaker, Homeland Security, Federal Emergency Management Agency, transmitting a report tation and Infrastructure. I move that the House do now adjourn. pursuant to the Federal Vacancies Reform 1903. A letter from the Attorney, Advisor, The motion was agreed to; accord- Act of 1998; to the Committee on Oversight Department of Homeland Security, transmit- ingly (at 6 o’clock and 30 minutes and Government Reform. ting the Department’s final rule — Safety p.m.), the House adjourned until to- 1893. A letter from the Acting Assoc. Gen. Zone; Mill Creek, Fort Monroe, VA, morrow, Wednesday, May 20, 2009, at 10 Counsel for General Law, U.S. Department of USNORTHCOM Civic Leader Tour and Avia- tion Demonstration [Docket No.: USCG-2009- a.m. Homeland Security, Office of the General Counsel, transmitting a report pursuant to 0263] (RIN: 1625-AA00) received May 13, 2009, f the Federal Vacancies Reform Act of 1998; to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- EXECUTIVE COMMUNICATIONS, the Committee on Oversight and Govern- mittee on Transportation and Infrastruc- ment Reform. ture. ETC. 1904. A letter from the Attorney — Advisor, 1894. A letter from the Acting Assoc. Gen. Department of Homeland Security, transmit- Under clause 2 of rule XXIV, execu- Counsel for General Law, U.S. Department of ting the Department’s final rule — Safety tive communications were taken from Homeland Security, U.S. Immigration and Zone; Blue Water Resort and Casino APBA the Speaker’s table and referred as fol- Customs Enforcement, transmitting a report National Tour Rounds 1 & 2; Colorado River, lows: pursuant to the Federal Vacancies Reform Parker AZ [Docket No.: USCG-2008-1220] Act of 1998; to the Committee on Oversight 1884. A letter from the Regulatory Spe- (RIN: 1625-AA00) received May 13, 2009, pursu- and Government Reform. cialist, LRAD, Department of the Treasury, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1895. A letter from the Acting Special transmitting the Department’s final rule — on Transportation and Infrastructure. Fair Credit Reporting Affiliate Marketing Counsel, U.S. Office of Special Counsel, 1905. A letter from the Attorney — Advisor, Regulations; Identity Theft Red Flags and transmitting the Office’s fiscal year 2008 an- Department of Homeland Security, transmit- Address Discrepancies Under the Fair and nual report required by Section 203, Title II ting the Department’s final rule — Alternate Accurate Credit Transactions Act of 2003 of the No FEAR Act, Pub. L. 107-174; to the Compliance Program: Vessel Inspection Al- [Docket ID: OCC-2009-0001] (RIN: 1557-AD14) Committee on Oversight and Government ternatives [Docket No.: USCG-2004-19823] received May 15, 2009, pursuant to 5 U.S.C. Reform. (RIN: 1625-AA92) received May 13, 2009, pursu- 801(a)(1)(A); to the Committee on Financial 1896. A letter from the Deputy Assistant ant to 5 U.S.C. 801(a)(1)(A); to the Committee Services. Administrator For Regulatory Programs, on Transportation and Infrastructure. 1885. A letter from the Secretary, Depart- NMFS, National Oceanic and Atmospheric 1906. A letter from the Federal Register Li- ment of Transportation, transmitting the Administration, transmitting the Adminis- aison Officer, Department of Veterans Af- Department’s fiscal year 2008 Annual Report tration’s final rule — Fisheries of the North- fairs, transmitting the Department’s final as required by the Superfund Amendments eastern United States; Northeast Multispe- rule — Reimbursement for Interment Costs and Reauthorization Act of 1986 (SARA); to cies Fishery; Secretarial Final Interim Ac- (RIN: 2900-AM98) received May 13, 2009, pur- the Committee on Energy and Commerce. tion [Docket No.: 090224229-9245-01] (RIN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1886. A letter from the Assistant Legal Ad- 0648-AX72) received May 4, 2009, pursuant to mittee on Veterans’ Affairs. viser for Treaty Affairs, Department of 5 U.S.C. 801(a)(1)(A); to the Committee on 1907. A letter from the Chief, Border Secu- State, transmitting Copies of international Natural Resources. rity Regulations Branch, Department of agreements, other than treaties, entered into 1897. A letter from the Attorney — Advisor, Homeland Security, transmitting the De- by the United States, pursuant to 1 U.S.C. Department of Homeland Security, transmit- partment’s final rule — EXTENSION OF 112b; to the Committee on Foreign Affairs. ting the Department’s final rule — Safety PORT LIMITS OF ST. LOUIS, MISSOURI 1887. A letter from the Acting Assoc. Gen. Zone; Red Bull Air Races; San Diego Bay, [[USCBP-2005-0035] [CBP Dec. 09-16]] received Counsel for General Law, Department of San Diego, CA [Docket No.: USCG-2009-0119] May 14, 2009, pursuant to 5 U.S.C. Homeland Security, Federal Emergency (RIN: 1625-AA00) received May 13, 2009, pursu- 801(a)(1)(A); to the Committee on Ways and Management Agency, transmitting a report ant to 5 U.S.C. 801(a)(1)(A); to the Committee Means. pursuant to the Federal Vacancies Reform on Transportation and Infrastructure. 1908. A letter from the Assistant Attorney Act of 1998; to the Committee on Oversight 1898. A letter from the Attorney-Advisor, General, Department of Justice, transmit- and Government Reform. Department of Homeland Security, transmit- ting the Department’s report on applications 1888. A letter from the Deputy General ting the Department’s final rule — Safety made by the Government during calendar Counsel, Office of National Drug Control Pol- Zone; St. Thomas Harbor, Charlotte Amalie, year 2008 for authority to conduct electronic icy, Executive Office of the President, trans- U.S.V.I. [Docket No.: USCG-2009-0179] (RIN: surveillance and physical search for foreign mitting a report pursuant to the Federal Va- 1625-AA00) received May 13, 2009, pursuant to intelligence, pursuant to Sections 1807 and cancies Reform Act of 1998; to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on 1862 of the Foreign Intelligence Surveillance mittee on Oversight and Government Re- Transportation and Infrastructure. Act of 1978, as amended and Public Law 109- form. 1899. A letter from the Attorney — Advisor, 177, section 118; jointly to the Committees on 1889. A letter from the Director, Office of Department of Homeland Security, transmit- the Judiciary and Intelligence (Permanent Personnel Management, transmitting the Of- ting the Department’s final rule — Safety Select). fice’s final rule — Prevailing Rate Systems; Zone; Allegheny River, Pittsburgh, PA 1909. A letter from the Inspector General, Redefinition of Certain Appropriated Fund [Docket No.: USCG-2009-0149] (RIN: 1625- Railroad Retirement Board, transmitting Federal Wage System Wage Areas (RIN: 3206- AA00) received May 13, 2009, pursuant to 5 the fiscal year 2010 Congressional Budget AL77) received May 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Justification for the Office of the Inspector U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. General of the Railroad Retirement Board; Oversight and Government Reform. 1900. A letter from the Attorney — Advisor, jointly to the Committees on Appropria- 1890. A letter from the Deputy Director, Of- Department of Homeland Security, transmit- tions, Transportation and Infrastructure, fice of Regulations, Social Security Adminis- ting the Department’s final rule — Safety and Ways and Means.

VerDate Mar 15 2010 11:27 Sep 19, 2011 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR09\H19MY9.002 H19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 12821 REPORTS OF COMMITTEES ON By Ms. TSONGAS: count for practitioner qualifications and PUBLIC BILLS AND RESOLUTIONS H.R. 2473. A bill to improve Department of complexity of care; to the Committee on En- Defense policies relating to body armor; to ergy and Commerce, and in addition to the Under clause 2 of rule XIII, reports of the Committee on Armed Services. Committee on Ways and Means, for a period committees were delivered to the Clerk By Mr. MCKEON (for himself, Mr. to be subsequently determined by the Speak- for printing and reference to the proper DREIER, Mr. HUNTER, Mr. MCCLIN- er, in each case for consideration of such pro- calendar, as follows: TOCK, Mr. LEWIS of California, Mr. visions as fall within the jurisdiction of the Mr. FILNER: Committee on Veterans’ Af- GALLEGLY, Mr. HERGER, Mr. ROHR- committee concerned. fairs. H.R. 466. A bill to amend title 38, ABACHER, Mr. CALVERT, Mr. ROYCE, By Mr. MORAN of Virginia (for him- United States Code, to prohibit discrimina- Mr. RADANOVICH, Mr. DANIEL E. LUN- self, Mrs. BONO MACK, Mr. MOORE of tion and acts of reprisal against persons who GREN of California, Mrs. BONO MACK, Kansas, Mr. BROWN of South Caro- receive treatment for illnesses, injuries, and Mr. GARY G. MILLER of California, lina, Ms. WOOLSEY, Mr. COHEN, Mr. disabilities incurred in or aggravated by Mr. BILBRAY, Mr. ISSA, Mr. NUNES, GEORGE MILLER of California, Mr. service in the uniformed services; with Mr. CAMPBELL, Mr. MCCARTHY of BLUMENAUER, Mr. FARR, Mr. MCCOT- amendments (Rept. 111–118). Referred to the California, and Mr. THOMPSON of Cali- TER, Mr. HINCHEY, Mr. KUCINICH, Mr. Committee of the Whole House on the State fornia): SHERMAN, Mr. KING of New York, and of the Union. H.R. 2474. A bill to amend title 38, United Mr. PLATTS): Mr. OBERSTAR: Committee on Transpor- States Code, to provide that in the case of an H.R. 2480. A bill to improve the accuracy of tation and Infrastructure. H.R. 915. A bill to individual entitled to educational assistance fur product labeling, and for other purposes; amend title 49, United States Code, to au- under the Post-9/11 Educational Assistance to the Committee on Energy and Commerce. thorize appropriations for the Federal Avia- program who is enrolled at an institution of By Ms. ROS-LEHTINEN (for herself, tion Administration for fiscal years 2009 higher education in a State in which the Mr. MCHUGH, Mr. HOEKSTRA, Mr. through 2012, to improve aviation safety and public institutions charge only fees in lieu of LEWIS of California, Mr. KING of New capacity, to provide stable funding for the tuition, the Secretary of Veterans Affairs York, Mr. BOEHNER, Mr. CANTOR, and national aviation system, and for other pur- shall allow the individual to use all or any Mr. PENCE): poses; with an amendment (Rept. 111–119 Pt. portion of the amounts payable for the es- H.R. 2481. A bill to require the President to 1). Referred to the Committee of the Whole tablished charges for the program of edu- develop a comprehensive interagency strat- House on the State of the Union. cation to pay any amount of the individual’s egy and implementation plan for long-term Ms. PINGREE of Maine: Committee on tuition or fees for that program of education; security and stability in Pakistan, and for Rules. House Resolution 456. Resolution pro- to the Committee on Veterans’ Affairs. other purposes; to the Committee on Foreign viding for the consideration of the Senate By Ms. ROS-LEHTINEN: Affairs, and in addition to the Committees amendment to the bill (H.R. 627) to amend H.R. 2475. A bill to authorize appropria- on Intelligence (Permanent Select), and the Truth in Lending Act to establish fair tions for the Department of State for fiscal Armed Services, for a period to be subse- and transparent practices relating to the ex- years 2010 and 2011, to modernize the Foreign quently determined by the Speaker, in each tension of credit under an open end con- Service, and for other purposes; to the Com- case for consideration of such provisions as sumer credit plan, and for other purposes mittee on Foreign Affairs. fall within the jurisdiction of the committee (Rept. 111–120). Referred to the House Cal- By Ms. DEGETTE (for herself and Mrs. concerned. endar. MCMORRIS RODGERS): By Ms. ROS-LEHTINEN (for herself, Mr. POLIS: Committee on Rules. House H.R. 2476. A bill to amend the National Mr. MCHUGH, Mr. HOEKSTRA, Mr. Resolution 457. Resolution providing for con- Forest Ski Area Permit Act of 1986 to clarify LEWIS of California, Mr. KING of New sideration of the bill (H.R. 2352) to amend the the authority of the Secretary of Agriculture York, Mr. BOEHNER, Mr. CANTOR, and Small Business Act, and for other purposes regarding additional recreational uses of Na- Mr. PENCE): (Rept. 111–121). Referred to the House Cal- tional Forest System land that are subject H.R. 2482. A bill to require the President to endar. to ski area permits, and for other purposes; develop a comprehensive interagency strat- Ms. ZOE LOFGREN of California: Com- to the Committee on Agriculture, and in ad- egy and implementation plan for long-term mittee on Standards of Official Conduct. Re- dition to the Committee on Natural Re- security and stability in Afghanistan, and port of the Committee on Standards of Offi- sources, for a period to be subsequently de- for other purpose; to the Committee on For- cial Conduct (Rept. 111–122). Referred to the termined by the Speaker, in each case for eign Affairs, and in addition to the Commit- House Calendar. consideration of such provisions as fall with- tees on Armed Services, and Intelligence Mr. THOMPSON of Mississippi: Committee in the jurisdiction of the committee con- (Permanent Select), for a period to be subse- on Homeland Security. H.R. 2200. A bill to cerned. quently determined by the Speaker, in each authorize the Transportation Security Ad- By Mr. DENT (for himself, Mr. DANIEL case for consideration of such provisions as ministration’s programs relating to the pro- E. LUNGREN of California, and Mr. fall within the jurisdiction of the committee vision of transportation security, and for SOUDER): concerned. other purposes; with an amendment (Rept. H.R. 2477. A bill to provide for an extension By Mr. SHERMAN (for himself, Mr. 111–123). Referred to the Committee of the of the authority of the Secretary of Home- GARY G. MILLER of California, Mr. Whole House on the State of the Union. land Security to regulate the security of FRANK of Massachusetts, Mr. GRAY- DISCHARGE OF COMMITTEE chemical facilities; to the Committee on En- SON, Mrs. HALVORSON, Ms. HARMAN, Pursuant to clause 2 of rule XII, the ergy and Commerce. Ms. SPEIER, Mrs. CAPPS, Mr. CULBER- By Mr. MCGOVERN (for himself, Mr. SON, Mr. ROHRABACHER, Mr. CUM- Committee on Science and Technology ROYCE, and Mr. MILLER of North MINGS, Mr. SCHIFF, Mr. MCNERNEY, discharged from further consideration. Carolina): Mr. ABERCROMBIE, Mr. GEORGE MIL- H.R. 915 referred to the Committee of H.R. 2478. A bill to support stabilization LER of California, Mr. CARDOZA, Mrs. the Whole House on the State of the and lasting peace in northern Uganda and TAUSCHER, Mr. FILNER, Mr. BILBRAY, Union, and ordered to be printed. areas affected by the Lord’s Resistance Mr. HONDA, Mr. BERMAN, Mrs. BONO f Army through development of a regional MACK, Mrs. MALONEY, Mr. CAMPBELL, strategy to support multilateral efforts to Mr. ACKERMAN, Mr. GALLEGLY, Mr. PUBLIC BILLS AND RESOLUTIONS successfully protect civilians and eliminate DREIER, Mr. FARR, Mr. BISHOP of New Under clause 2 of rule XII, public the threat posed by the Lord’s Resistance York, Ms. WATERS, Ms. ESHOO, and bills and resolutions of the following Army and to authorize funds for humani- Mr. HALL of New York): tarian relief and reconstruction, reconcili- H.R. 2483. A bill to permanently increase titles were introduced and severally re- ation, and transitional justice, and for other the conforming loan limits for the Federal ferred, as follows: purposes; to the Committee on Foreign Af- Home Loan Mortgage Corporation and the By Mr. COFFMAN of Colorado (for fairs. Federal National Mortgage Association and himself, Mr. ALEXANDER, Mr. By Ms. BERKLEY: the FHA maximum mortgage amount limita- BILBRAY, Mr. BURTON of Indiana, Mr. H.R. 2479. A bill to amend title XVIII of the tions; to the Committee on Financial Serv- POE of Texas, and Mr. LAMBORN): Social Security Act to modify the designa- ices. H.R. 2472. A bill to prevent the fraudulent tion of accreditation organizations for pros- By Mr. CAO (for himself, Mr. MELAN- use of Social Security account numbers by thetic devices and orthotics and prosthetics, CON, Mr. SCALISE, Mr. CASSIDY, Mr. allowing the sharing of Social Security data to apply accreditation and licensure require- FLEMING, Mr. BOUSTANY, and Mr. among agencies of the United States for ments to such devices and items for purposes ALEXANDER): identity theft prevention and immigration of payment under the Medicare Program, H.R. 2484. A bill to provide for disaster as- enforcement purposes, and for other pur- and to modify the payment rules for such de- sistance for power transmission and distribu- poses; to the Committee on the Judiciary. vices and items under such program to ac- tion facilities, and for other purposes; to the

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Committee on Transportation and Infra- tegrity of United States courts, and from sissippi, Mr. TONKO, Mr. WALZ, Ms. structure. discouraging responsible lending to poor and WASSERMAN SCHULTZ, Ms. WATSON, By Mr. ELLISON (for himself, Mr. developing nations by undermining the sec- Mr. WATT, Mr. WAXMAN, Mr. WEST- BISHOP of Georgia, Mr. CARSON of In- ondary and primary markets for sovereign MORELAND, Mr. WEXLER, Mr. WILSON diana, Mr. PETERSON, Mr. WALZ, Mr. debt; to the Committee on Financial Serv- of South Carolina, Mr. WU, Mr. YAR- WELCH, Mr. TONKO, and Ms. CLARKE): ices, and in addition to the Committee on MUTH, and Mr. YOUNG of Alaska): H.R. 2485. A bill to amend title I of the Om- Foreign Affairs, for a period to be subse- H.R. 2499. A bill to provide for a federally nibus Crime Control and Safe Streets Act of quently determined by the Speaker, in each sanctioned self-determination process for the 1968 to include nongovernmental and volun- case for consideration of such provisions as people of Puerto Rico; to the Committee on teer firefighters, ground and air ambulance fall within the jurisdiction of the committee Natural Resources. crew members, and first responders for cer- concerned. By Mr. PITTS (for himself, Mr. tain benefits; to the Committee on the Judi- By Mr. MCHUGH: MICHAUD, and Mr. WITTMAN): ciary. H.R. 2494. A bill to designate 4 counties in H.R. 2500. A bill to amend the Internal Rev- By Mr. GOHMERT: the State of New York as high-intensity drug enue Code of 1986 to allow nontaxable em- H.R. 2486. A bill to amend title 10, United trafficking areas, and to authorize funding ployer matching contributions to section 529 States Code, to provide for support of funeral for drug control activities in those areas; to college savings plans; to the Committee on ceremonies for veterans provided by details the Committee on the Judiciary. Ways and Means. that consist solely of members of veterans By Mr. MOORE of Kansas (for himself, By Mr. POMEROY (for himself and Mr. organizations and other organizations, and Mr. DUNCAN, Mr. BOYD, and Mr. PAULSEN): for other purposes; to the Committee on HILL): H.R. 2501. A bill to amend title XVIII of the Armed Services. H.R. 2495. A bill to amend title 40, United Social Security Act to extend reasonable By Mr. GOHMERT: States Code, to enhance authorities with re- cost contracts under Medicare; to the Com- H.R. 2487. A bill to direct the Secretary of gard to real property that has yet to be re- mittee on Ways and Means, and in addition Defense to conduct a study on the feasibility ported excess, and for other purposes; to the to the Committee on Energy and Commerce, of using military identification numbers in- Committee on Oversight and Government for a period to be subsequently determined stead of social security numbers to identify Reform. by the Speaker, in each case for consider- members of the Armed Forces; to the Com- By Mr. PATRICK J. MURPHY of Penn- ation of such provisions as fall within the ju- mittee on Armed Services. sylvania (for himself and Mr. TIM risdiction of the committee concerned. By Mr. HEINRICH: MURPHY of Pennsylvania): By Mr. SCHRADER (for himself, Mr. H.R. 2488. A bill to require the Secretary of H.R. 2496. A bill to amend title XXI of the MCMAHON, Mr. CONNOLLY of Virginia, Defense to modify the Certificate of Release Social Security Act to improve access to the Mr. KIND, Mrs. HALVORSON, Mr. or Discharge from Active Duty (DD Form Children’s Health Insurance Program (CHIP) CROWLEY, Ms. SCHWARTZ, Mr. HIMES, 214) in order to permit a member of the by providing exemptions to CHIP eligibility Mr. ALTMIRE, Ms. BEAN, Mrs. TAU- Armed Forces, upon discharge or release waiting period requirements; to the Com- SCHER, and Mrs. DAVIS of California): from active duty in the Armed Forces, to in- mittee on Energy and Commerce. H.R. 2502. A bill to amend title XI of the clude an email address on the form; to the By Mr. NADLER of New York: Social Security Act to provide for the con- Committee on Armed Services. H.R. 2497. A bill to amend title 49, United duct of comparative effectiveness research By Ms. HERSETH SANDLIN (for her- States Code, to expand and improve transit and to amend the Internal Revenue Code of self and Mr. LATOURETTE): training programs; to the Committee on 1986 to establish a Comparative Effectiveness H.R. 2489. A bill to authorize a comprehen- Transportation and Infrastructure. Research Trust Fund, and for other purposes; sive national cooperative geospatial imagery By Mr. OBERSTAR: to the Committee on Ways and Means, and in mapping program through the United States H.R. 2498. A bill to designate the Federal addition to the Committee on Energy and Geological Survey, to promote use of the building located at 844 North Rush Street in Commerce, for a period to be subsequently program for education, workforce training Chicago, Illinois, as the ‘‘William O. Lipinski determined by the Speaker, in each case for and development, and applied research, and Federal Building’’; to the Committee on consideration of such provisions as fall with- to support Federal, State, tribal, and local Transportation and Infrastructure. in the jurisdiction of the committee con- government programs; to the Committee on By Mr. PIERLUISI (for himself, Mr. cerned. Natural Resources. ABERCROMBIE, Mr. ARCURI, Mr. BAIRD, By Mr. SOUDER (for himself, Mr. By Mr. KENNEDY (for himself, Mr. Ms. BERKLEY, Mr. BERMAN, Ms. MCCAUL, Mr. ROGERS of Alabama, KAGEN, and Mr. PATRICK J. MURPHY BORDALLO, Mr. BOUSTANY, Ms. Mrs. MILLER of Michigan, Mr. BILI- of Pennsylvania): CORRINE BROWN of Florida, Mr. RAKIS, Mr. DENT, Mr. AUSTRIA, Mr. H.R. 2490. A bill to amend the Internal Rev- BROWN of South Carolina, Mr. BUR- KING of New York, and Mr. DANIEL E. enue Code of 1986 to allow certain small busi- TON of Indiana, Mr. BUTTERFIELD, Mr. LUNGREN of California): nesses to defer payment of tax; to the Com- CARDOZA, Mr. CASTLE, Ms. CLARKE, H.R. 2503. A bill to amend title 49, United mittee on Ways and Means. Mr. CONNOLLY of Virginia, Mr. CON- States Code, to require inclusion on the no By Mr. KING of New York: YERS, Mr. COSTA, Mr. CUELLAR, Mr. fly list certain detainees housed at the Naval H.R. 2491. A bill to amend the Internal Rev- DELAHUNT, Mr. DENT, Mr. LINCOLN Air Station, Guantanamo Bay, Cuba; to the enue Code of 1986 to exclude from gross in- DIAZ-BALART of Florida, Mr. MARIO Committee on Homeland Security. come any enlistment, accession, reenlist- DIAZ-BALART of Florida, Mr. DOYLE, By Mr. TEAGUE: ment, retention, or incentive bonus paid to a Mr. ENGEL, Mr. FALEOMAVAEGA, Mr. H.R. 2504. A bill to amend title 38, United member of the Armed Forces; to the Com- FARR, Mr. FATTAH, Mr. FLAKE, Ms. States Code, to provide for an increase in the mittee on Ways and Means. FUDGE, Mr. GERLACH, Mr. GRAYSON, annual amount authorized to be appro- By Mr. LEVIN (for himself, Mr. TIBERI, Mr. GENE GREEN of Texas, Mr. HARE, priated to the Secretary of Veterans Affairs Mr. GEORGE MILLER of California, Mr. Mr. HASTINGS of Florida, Mr. HIG- to carry out comprehensive service programs NEAL of Massachusetts, Mr. HINO- GINS, Mr. HINCHEY, Mr. HOYER, Ms. for homeless veterans; to the Committee on JOSA, and Mr. DAVIS of Illinois): JACKSON-LEE of Texas, Mr. JOHNSON Veterans’ Affairs. H.R. 2492. A bill to amend the Internal Rev- of Georgia, Ms. KAPTUR, Mr. KEN- By Mr. TEAGUE: enue Code of 1986 to exclude from gross in- NEDY, Mr. KILDEE, Ms. KILPATRICK of H.R. 2505. A bill to direct the Secretary of come discharges of student loans the repay- Michigan, Mr. KLEIN of Florida, Mr. Veterans Affairs to carry out a pilot pro- ment of which is income contingent or in- KRATOVIL, Ms. LEE of California, Mr. gram to utilize tele-health platforms to as- come based; to the Committee on Ways and LEWIS of Georgia, Mr. DANIEL E. LUN- sist in the treatment of veterans living in Means. GREN of California, Mr. MACK, Mr. rural areas who suffer from post traumatic By Mr. MASSA (for himself, Mr. MAFFEI, Ms. MARKEY of Colorado, Mr. stress disorder or traumatic brain injury; to TONKO, Mr. MCMAHON, Mr. WEXLER, MASSA, Mr. MCGOVERN, Mr. MCCAUL, the Committee on Veterans’ Affairs. Mr. BISHOP of New York, Mrs. MALO- Mr. MICA, Mr. MOLLOHAN, Mr. MORAN By Mr. TEAGUE: NEY, and Mr. MAFFEI): of Virginia, Ms. NORTON, Mr. OLVER, H.R. 2506. A bill to direct the Secretary of H.R. 2493. A bill to prevent wealthy and Mr. ORTIZ, Mr. PENCE, Mr. POE of Defense to ensure the members of the Armed middle-income foreign states that do busi- Texas, Mr. POLIS of Colorado, Mr. Forces receive mandatory hearing screenings ness, issue securities, or borrow money in PUTNAM, Mr. RAHALL, Mr. REYES, Mr. before and after deployments and to direct the United States, and then fail to satisfy RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. the Secretary of Veterans Affairs to mandate United States court judgments totaling SABLAN, Mr. SALAZAR, Ms. LORETTA that tinnitus be listed as a mandatory condi- $100,000,000 or more based on such activities, SANCHEZ of California, Mr. SHULER, tion for treatment by the Department of from inflicting further economic injuries in Mr. SMITH of Washington, Mr. STARK, Veterans Affairs Auditory Centers of Excel- the United States, from undermining the in- Mr. TAYLOR, Mr. THOMPSON of Mis- lence and that research on the preventing,

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treating, and curing of tinnitus be con- United States and the Congress to take ac- H.R. 1158: Mr. WILSON of South Carolina, ducted; to the Committee on Veterans’ Af- tion that: (a) Increases funding levels for the Mr. RADANOVICH, and Mr. GOODLATTE. fairs, and in addition to the Committee on Local Veterans’ Employment Representa- H.R. 1179: Mr. FARR, Mr. BOYD, Mr. BISHOP Armed Services, for a period to be subse- tives Program and the Disabled Veterans’ of New York, and Mr. GONZALEZ. quently determined by the Speaker, in each Outreach Program; (b) Establishes a nation- H.R. 1255: Mr. SMITH of New Jersey and Mr. case for consideration of such provisions as wide public works program in collaboration OLSON. fall within the jurisdiction of the committee with state employment and military au- H.R. 1330: Mr. CARSON of Indiana and Mr. concerned. thorities that will provide jobs for veterans; GENE GREEN of Texas. By Mr. YOUNG of Alaska (for himself and (c) Provides tax credits for employers H.R. 1346: Mr. NYE. and Mr. ABERCROMBIE): that hire veterans and businesses that re- H.R. 1428: Ms. CORRINE BROWN of Florida, H.R. 2507. A bill to direct the Secretary of train veterans; jointly to the Committees on and Mr. KAGEN. Commerce to establish a demonstration pro- Veterans’ Affairs and Ways and Means. H.R. 1441: Mr. BUTTERFIELD. gram to adapt the lessons of providing for- 57. Also, a memorial of the House of Rep- H.R. 1458: Mr. HOEKSTRA. eign aid to underdeveloped economies to the resentatives of Maine, relative to H.P. 1004, H.R. 1474: Mr. BISHOP of New York, Mr. provision of Federal economic development JOINT RESOLUTION MEMORIALIZING PIERLUISI, and Mr. AL GREEN of Texas. assistance to certain similarly situated indi- THE PRESIDENT OF THE UNITED STATES H.R. 1479: Mr. DELAHUNT, Ms. SCHAKOWSKY, viduals, and for other purposes; to the Com- AND CONGRESS OF THE UNITED STATES and Mr. PASTOR of Arizona. mittee on Natural Resources. TO SIGN LEGISLATION THAT ESTAB- H.R. 1505: Ms. FALLIN. By Mr. FORTENBERRY (for himself LISHES A NATIONAL, UNIVERSAL, SIN- H.R. 1528: Ms. MCCOLLUM, Mr. FARR, Mr. and Mr. KAGEN): GLE-PAYOR NONPROFIT HEALTH CARE OBERSTAR, and Mr. HINCHEY. H. Res. 458. A resolution expressing the PLAN; jointly to the Committees on Energy H.R. 1530: Ms. MCCOLLUM, Mr. FARR, Mr. sense of the House of Representatives that and Commerce, Ways and Means, and Nat- OBERSTAR, and Mr. HINCHEY. the Federal Government should encourage ural Resources. H.R. 1531: Ms. MCCOLLUM, Mr. FARR, Mr. organic farming, gardening, local food pro- f OBERSTAR, and Mr. HINCHEY. duction, and farmers’ markets; to the Com- H.R. 1545: Mr. SHADEGG. mittee on Agriculture. PRIVATE BILLS AND H.R. 1552: Mr. RODRIGUEZ, Ms. ZOE LOFGREN By Mr. ROSKAM (for himself and Mr. RESOLUTIONS of California, Mr. HALL of New York, and Mr. DAVIS of Illinois): CHILDERS. H. Res. 459. A resolution expressing support Under clause 3 of rule XII, H.R. 1587: Mr. DAVIS of Kentucky. for designation of ‘‘National Safety Month’’; Mr. FILNER introduced a bill (H.R. 2508) to H.R. 1616: Mr. MURPHY of Connecticut, Mr. to the Committee on Education and Labor. extend patent numbered 5,180,715 for a period SMITH of Washington, Mr. HASTINGS of Flor- of 2 years; which was referred to the Com- f ida, Mr. FATTAH, and Mr. JOHNSON of Geor- mittee on the Judiciary. gia. MEMORIALS f H.R. 1618: Mr. LEWIS of Georgia and Mr. Under clause 4 of Rule XXII, memo- SHERMAN. ADDITIONAL SPONSORS H.R. 1660: Ms. MARKEY of Colorado. rials were presented and referred as fol- Under clause 7 of rule XII, sponsors H.R. 1684: Mr. WITTMAN, Mr. KING of Iowa, lows: Mr. NUNES, Mr. MILLER of Florida, and Mrs. 51. The SPEAKER presented a memorial of were added to public bills and resolu- KIRKPATRICK of Arizona. the House of Representatives of Oregon, rel- tions as follows: H.R. 1692: Mr. WITTMAN and Mr. WAMP. ative to House Joint Memorial 4: Urging the H.R. 22: Mr. COBLE, Mr. PIERLUISI, Mr. H.R. 1700: Mr. SIRES. President of the United States and the Con- LATOURETTE, and Mr. TANNER. H.R. 1708: Mrs. LOWEY and Mr. COHEN. gress to take action to pass legislation and H.R. 49: Mr. BILIRAKIS. H.R. 1712: Mr. MANZULLO. appropriate funds for an orderly 90- to 120- H.R. 147: Mr. YOUNG of Alaska and Mr. H.R. 1744: Mr. FLEMING and Mr. BOUSTANY. day transition for National Guard members TOWNS. H.R. 1751: Mr. TOWNS. and National Guard Reservists to civilian H.R. 211: Mr. GRAYSON and Mr. HOLT. H.R. 1763: Mr. PAUL, Mrs. BACHMANN, and life following active service; to the Com- H.R. 235: Mr. BURGESS, Mr. CARSON of Indi- Mr. SOUDER. mittee on Armed Services. ana, and Mr. RUSH. H.R. 1826: Mr. ARCURI, Ms. SCHAKOWSKY, 52. Also, a memorial of the House of Rep- H.R. 240: Mr. NEUGEBAUER. and Mr. MORAN of Virginia. resentatives of Maine, relative to H.P. 938, H.R. 393: Mr. CULBERSON. H.R. 1844: Mr. KENNEDY and Mrs. MALONEY. JOINT RESOLUTION MEMORIALIZING H.R. 433: Mr. PUTNAM. H.R. 1912: Mr. WITTMAN and Mr. WEXLER. THE PRESIDENT OF THE UNITED STATES H.R. 444: Mr. MCINTYRE, Mr. TEAGUE, and H.R. 1934: Mr. CUMMINGS, Mr. WILSON of AND THE UNITED STATES CONGRESS Mr. HALL of New York. South Carolina, Mr. GERLACH, and Mr. FOR INCREASED OVERSIGHT AND AC- H.R. 482: Mr. PUTNAM. LATOURETTE. COUNTABILITY FOR RECIPIENTS OF H.R. 503: Ms. FUDGE and Mr. PASCRELL. H.R. 1944:. Mr. SAM JOHNSON of Texas. FEDERAL BAILOUT FUNDS; to the Com- H.R. 510: Mr. KRATOVIL and Mr. MARCHANT. H.R. 1964: Mr. HASTINGS of Florida and Mr. mittee on Financial Services. H.R. 564: Ms. MATSUI. SERRANO. 53. Also, a memorial of the General Count H.R. 574: Mr. SCHIFF. H.R. 1993: Ms. SCHAKOWSKY. of Massachusetts, relative to a resolution H.R. 593: Mr. DELAHUNT. H.R. 2000: Mr. SMITH of Washington. MEMORIALIZING CONGRESS TO COMMIT H.R. 606: Mr. OLVER. H.R. 2006: Mr. ALTMIRE, Mr. BISHOP of New TO THE GOAL OF RE-EMPOWERING H.R. 621: Mr. SCHAUER, Ms. Titus, Ms. GIF- York and Mr. MCINTYRE. AMERICA WITH 100 PER CENT CLEAN FORDS, and Mrs. LUMMIS. H.R. 2014: Mr. TIAHRT, Mr. GRAVES, Mr. ELECTRICITY IN THE NEXT 10 YEARS; to H.R. 702: Mr. COURTNEY. RUPPERSBERGER, Mrs. BACHMANN, Mr. SAR- the Committee on Energy and Commerce. H.R. 745: Mr. HARPER, Mr. RAHALL, and Mr. BANES, Mr. LEWIS of Georgia, Ms. SPEIER, 54. Also, a memorial of the 61st Legislative CASSIDY. Mrs. MCCARTHY of New York, Mrs. MILLER of Assembly of North Dakota, relative to H.R. 808: Mr. TONKO. Michigan, Mrs. SCHMIDT, Mr. ELLSWORTH, HOUSE CONCURRENT RESOLUTION NO. H.R. 816: Mr. DELAHUNT, Mr. CHAFFETZ, Mr. Mr. PETRI, Mr. MILLER of Florida, Mr. WALZ, 3042 expressing support for the public aware- CALVERT, and Mr. FRANKS of Arizona. Mr. MCINTYRE, Mr. BERRY, Mr. JOHNSON of Il- ness of multiple sclerosis and urging the H.R. 916: Mr. PRICE of Georgia. linois, Mr. NEUGEBAUER, Mr. WITTMAN, Mr. Congress of the United States to join in the H.R. 930: Ms. DELAURO, Mr. PUTNAM and REHBERG, and Ms. WASSERMAN SCHULTZ. movement in creating a world free of mul- Mr. SCHIFF. H.R. 2017: Mrs. MALONEY. tiple sclerosis; to the Committee on Energy H.R. 950: Mr. MCGOVERN. H.R. 2022: Mr. ROONEY. and Commerce. H.R. 952: Mr. HEINRICH, Mr. LANGEVIN, Ms. H.R. 2031: Mr. PUTNAM. 55. Also, a memorial of the House of Rep- VELA´ ZQUEZ, Ms. EDWARDS of Maryland, Mr. H.R. 2055: Mr. FARR, Mr. MINNICK, Mr. resentatives of Maine, relative to H.P. 925, HASTINGS of Florida, Ms. SLAUGHTER, Mr. DEFAZIO, Mr. SCHRADER, and Mr. WU. JOINT RESOLUTION MEMORIALIZING ARCURI, Mr. CARNEY, Mr. SHULER, and Mr. H.R. 2067: Mr. NADLER of New York and THE PRESIDENT OF THE UNITED STATES RUPPERSBERGER. Mrs. MCCARTHY of New York. AND THE UNITED STATES CONGRESS TO H.R. 997: Mr. BARRETT of South Carolina. H.R. 2071: Mr. RANGEL. SUPPORT THE REFORM OF THE SOCIAL H.R. 1021: Mr. LINCOLN DIAZ-BALART of H.R. 2076: Mr. QUIGLEY. SECURITY OFFSETS; to the Committee on Florida. H.R. 2083: Mr. WITTMAN. Ways and Means. H.R. 1032: Mr. LANCE, Mrs. KIRKPATRICK of H.R. 2118: Mr. POSEY. 56. Also, a memorial of the House of Rep- Arizona, and Mr. BARTLETT. H.R. 2119: Mr. POSEY and Mrs. BACHMANN. resentatives of Oregon, relative to House H.R. 1053: Mr. GOODLATTE. H.R. 2134: Mr. RANGEL, Mr. PAYNE, and Mr. Joint Memorial 2 Urging the President of the H.R. 1135: Mr. THOMPSON of Pennsylvania. MORAN of Virginia.

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H.R. 2143: Mr. BOOZMAN. LATHAM, Mr. BOUSTANY, and Mr. YOUNG of LETT, Mr. SHUSTER, Mr. CULBERSON, Mr. H.R. 2169: Mrs. BACHMANN. Florida. KINGSTON, Ms. FOXX, Mr. TAYLOR, Mr. PERL- H.R. 2181: Ms. BERKLEY and Mr. MCGOVERN. H. Con. Res. 21: Mr. BERMAN, Mr. MOORE of MUTTER, Mr. LINCOLN DIAZ-BALART of Flor- H.R. 2219: Mr. WITTMAN. Kansas, Mr. COURTNEY, Mr. CAO, and Mr. ida, Mr. SMITH of New Jersey, Mr. COBLE, Mr. H.R. 2243: Mr. HINCHEY, Mr. OBERSTAR, Mr. ALEXANDER. MCCAUL, Mr. MANZULLO, Mr. BONNER, Mr. BRADY of Pennsylvania, Mr. EDWARDS of H. Con. Res. 49: Mr. SKELTON, Mr. PRICE of HALL of Texas, Mr. BARTON of Texas, Mr. Texas, Mr. WELCH, Mr. BRADY of Texas, Mr. North Carolina, Mr. CUMMINGS, Mr. LEWIS of HOEKSTRA, Mr. MORAN of Kansas, Ms. GINNY ALTMIRE, and Mr. COURTNEY. California, and Mr. HERGER. BROWN-WAITE of Florida, Mr. THORNBERRY, H.R. 2254: Mr. DELAHUNT. H. Con. Res. 109: Mr. BARROW, Mrs. Mr. OLSON, Mr. TIBERI, Mr. LOBIONDO, Mr. H.R. 2294: Mr. BUYER, Mrs. LUMMIS, Mr. CHRISTENSEN, Mr. NYE, Mr. BERMAN, Mr. NUNES, Mr. YOUNG of Florida, Mr. HASTINGS WHITFIELD, Mr. HUNTER, Mr. FORTENBERRY, MELANCON, Mr. BRALEY of Iowa, and Mr. of Washington, Mr. LUCAS, Mr. COLE, Mr. Mr. KIRK, Mr. SCHOCK, Mr. THOMPSON of HEINRICH. PUTNAM, Mr. SIMPSON, Mr. CARTER, Mr. SEN- Pennsylvania, Ms. GINNY BROWN-WAITE of H. Con. Res. 120: Mr. SESTAK. SENBRENNER, Mr. MCCOTTER, Mr. ROGERS of Florida, Mr. ROE of Tennessee, Mr. GUTHRIE, H. Con. Res. 124: Mr. BOOZMAN. Michigan, Mr. FORTENBERRY, Mr. FRELING- Mr. LANCE, Mr. SMITH of Nebraska, Mrs. CAP- H. Res. 6: Mr. JORDAN of Ohio and Mr. HUYSEN, Mr. YOUNG of Alaska, and Mr. TIER- ITO, Mr. POSEY, Mr. HARPER, Mr. DAVIS of JONES. NEY. Kentucky, Mr. SMITH of New Jersey, Mr. H. Res. 22: Mr. YARMUTH. H. Res. 420: Ms. BORDALLO, Mr. RODRIGUEZ, KING of Iowa, and Mr. BOOZMAN. H. Res. 57: Ms. EDDIE BERNICE JOHNSON of Mr. BROWN of South Carolina, Mr. GUTHRIE, H.R. 2296: Mrs. BACHMANN, Mr. WITTMAN, Texas, Ms. WATSON, Mr. SCOTT of Georgia, Mr. THOMPSON of Pennsylvania, Mr. POSEY, Mr. CONAWAY, Mr. PAULSEN, and Mr. SES- Mr. MILLER of North Carolina, Mr. CONNOLLY Mr. AUSTRIA, Mrs. BACHMANN, Mr. HELLER, SIONS. of Virginia, Mr. LOEBSACK, Mr. BECERRA, and Mr. DUNCAN, Ms. ROS-LEHTINEN, Mr. MILLER H.R. 2298: Mr. LEWIS of Georgia, Ms. SHEA- Mr. SALAZAR. of Florida, Mr. MCHENRY, and Mr. ROE of PORTER, and Ms. GINNY BROWN-WAITE of H. Res. 156: Mr. DANIEL E. LUNGREN of Cali- Tennessee. Florida. fornia. H.R. 2311: Mr. PAULSEN. H. Res. 169: Mr. DUNCAN, Mr. MILLER of H. Res. 426: Mr. POE of Texas. H.R. 2312: Mr. PAULSEN. North Carolina, Mr. COHEN, Mr. ETHERIDGE, H. Res. 430: Mr. WILSON of South Carolina, H.R. 2321: Mr. WITTMAN. Mr. KIRK, Mr. MARCHANT, Mrs. MILLER of Mr. ROTHMAN of New Jersey, Ms. ROS- H.R. 2325: Mr. BARTON of Texas and Mr. Michigan, Mr. ROGERS of Kentucky, Mr. LEHTINEN, Mr. MANZULLO, Mr. LINCOLN DIAZ- PAUL. SKELTON, Mr. MCGOVERN, Mr. ABERCROMBIE, BALART of Florida, Mr. YOUNG of Florida, Mr. H.R. 2328: Mr. LYNCH. Mr. MILLER of Florida, and Mr. CAMPBELL. LATOURETTE, Ms. GINNY BROWN-WAITE of H.R. 2329: Mrs. LUMMIS, Mr. ENGEL, Mr. H. Res. 231: Mr. EHLERS, Mrs. MALONEY, Florida, Mr. SIMPSON, Mr. CASTLE, Ms. FOXX, OLSON, and Ms. ZOE LOFGREN of California. Mr. BRALEY of Iowa, Mr. BURGESS, Mr. HOLT, Mr. LOBIONDO, Mr. SCALISE, Mr. MICA, and H.R. 2332: Mr. KISSELL. and Mrs. BLACKBURN. Mr. FRELINGHUYSEN. H.R. 2338: Mr. WAMP, Mrs. MYRICK, Mrs. H. Res. 232: Mr. SESSIONS. H. Res. 439: Mrs. MALONEY. BACHMANN, and Ms. FALLIN. ARRETT H.R. 2355: Mr. HASTINGS of Florida, Ms. H. Res. 241: Mr. G of New Jersey. H. Res. 444: Ms. JACKSON-LEE of Texas, Ms. H. Res. 244: Mr. GOODLATTE. KILPATRICK of Michigan, and Ms. CORRINE FUDGE, Ms. KAPTUR, Ms. SUTTON, and Mr. H. Res. 285: Mr. DELAHUNT, Mr. MCCOTTER, BROWN of Florida. HARE. H.R. 2368: Mr. BERMAN. and Mr. PITTS. H. Res. 314: Mr. SIRES, Mr. RYAN of Ohio, H.R. 2389: Mr. HALL of New York. f H.R. 2393: Mr. OLSON, Mr. PAULSEN, Mr. Mr. GRAYSON, Mr. HARE, Mrs. HALVORSON, THORNBERRY, and Mr. MCKEON. Ms. EDWARDS of Maryland, Mr. ADLER of New H.R. 2404: Mr. MASSA. Jersey, Mr. WEINER, Mr. CARNEY, and Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 2408: Ms. ROYBAL-ALLARD and Mr. ROONEY. ITED TAX BENEFITS, OR LIM- HOEKSTRA. H. Res. 323: Mr. ISSA. ITED TARIFF BENEFITS H.R. 2414: Ms. MARKEY of Colorado. H. Res. 327: Mr. LIPINSKI. H.R. 2422: Mr. BARTON of Texas, Mr. H. Res. 349: Mr. HASTINGS of Washington, Under clause 9 of rule XXI, lists or CUELLAR, Mr. CULBERSON, Ms. JACKSON-LEE Mr. SESTAK, Mr. ROSKAM, and Mr. CALVERT. statements on congressional earmarks, of Texas, Mr. PAUL, Mr. RODRIGUEZ, and Mr. H. Res. 355: Mr. BARTLETT. limited tax benefits, or limited tariff HENSARLING. H. Res. 364: Mr. LOBIONDO. benefits were submitted as follows: H.R. 2440: Mr. ROE of Tennessee. H. Res. 394: Mr. BURGESS. H.R. 2450: Mr. LOBIONDO. H. Res. 397: Mr. MILLER of Florida, Mr. The amendment to be offered by Rep- H.R. 2452: Mr. KIND, Mr. CROWLEY, and Ms. BACHUS, Mr. YOUNG of Alaska, Mr. BLUNT, resentative NYDIA VELA´ ZQUEZ or a designee MARKEY of Colorado. and Mr. GOHMERT. to H.R. 2352 the Job Creation Through Entre- H.R. 2458: Mr. PAUL. H. Res. 404: Mr. YOUNG of Alaska. preneurship Act of 2009, does not contain any H.J. Res. 46: Mr. KAGEN and Mr. HOLT. H. Res. 411: Mr. CALVERT. congressional earmarks, limited tax bene- H.J. Res. 47: Mr. SIMPSON, Mr. MICHAUD, H. Res. 418: Mr. CALVERT, Mr. WILSON of fits, or limited tariff benefits as defined in Mrs. MILLER of Michigan, Mr. TIAHRT, Mr. South Carolina, Mr. LATOURETTE, Mr. BART- clause 9(d), 9(e), or 9(f) of rule XXI.

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The Senate met at 10 a.m. and was Mr. REID. Mr. President, I suggest we are grateful for the service and de- called to order by the Honorable RO- the absence of a quorum. pendent on the heroism of every Amer- LAND W. BURRIS, a Senator from the The ACTING PRESIDENT pro tem- ican fighting to help protect us at State of Illinois. pore. The clerk will call the roll. home and abroad. The assistant legislative clerk pro- Similar to any supplemental war PRAYER ceeded to call the roll. spending bill, this week’s bill must be The Chaplain, Dr. Barry C. Black, of- Mr. REID. Mr. President, I ask unan- viewed in the context of the broader fered the following prayer: imous consent that the order for the fight against terrorism. This is a fight Let us pray. quorum call be rescinded. that began in earnest after the events Gracious Lord, King of our lives and The ACTING PRESIDENT pro tem- of 9/11 but which found its justification Ruler of all, help us today to trust You pore. Without objection, it is so or- in a long series of attacks that cul- with all our hearts and strive to stay dered. minated on that terrible day. Eight years before 9/11, several Americans within the circle of Your will. Turn the f were killed in the first World Trade Members of this body back to the truth Center bombing. Two years later, five that those who would be great must be SIGNING AUTHORITY Americans were killed in an attack on willing to serve humanity and that Mr. REID. Mr. President, I ask unan- a U.S. military site in Riyadh. In 1996, those who lose their lives for a worthy imous consent that today, Tuesday, 19 U.S. servicemen lost their lives in cause will find life everlasting. May May 19, I be authorized to sign any the Khobar Towers bombing. In 1998, 12 such service and sacrifice bring deliver- duly enrolled bills or joint resolutions. Americans were killed in Embassy ance to captives and balm to those who The ACTING PRESIDENT pro tem- bombings in Nairobi and Dar es Sa- are bruised by life. Make our law- pore. Without objection, it is so or- laam. In 2000, 17 American soldiers makers, this day, receptive to Your dered. were killed in the attack on the USS wisdom, even amid the contention and f Cole. Of course, on September 11, 2001, collision of debate. Help them to shine 19 hijackers killed 3,000 Americans in SCHEDULE with Your peace and good will. Lord, New York, Virginia, and Pennsylvania. fill this Chamber with Your presence Mr. REID. Mr. President, following What is clear from all this is that and each Senator with Your power for leader remarks, the Senate will resume terrorists were at war with us long be- the work of this day. consideration of H.R. 627, the credit fore we were at war with them. But We pray in Your strong Name. Amen. card bill. A rollcall vote will occur then, after 9/11, the Northern Alliance f sometime within the next half hour or and U.S. forces, along with our allies, so. It may not occur immediately. took the fight to al-Qaida and the PLEDGE OF ALLEGIANCE When cloture is invoked, we will dis- Taliban in Afghanistan. Coalition The Honorable ROLAND W. BURRIS led pose of the pending amendments and forces later toppled Saddam Hussein the Pledge of Allegiance, as follows: then vote on passage of the bill, as and subsequently mounted a successful I pledge allegiance to the Flag of the amended. Rollcall votes are possible counterinsurgency against al-Qaida in United States of America, and to the Repub- later in the day. We do know there are Iraq that continues to this day. The lic for which it stands, one nation under God, some agreements on a nomination, the supplemental we will consider this indivisible, with liberty and justice for all. Gensler nomination. There will be a week funds all those efforts, and it pro- f vote on that nomination after the cau- vides vital assistance to Pakistan in its cus lunches today at about 2:15 p.m. ongoing battle against insurgents. APPOINTMENT OF ACTING Later this afternoon, we expect to One of the more contentious issues PRESIDENT PRO TEMPORE begin consideration of the Iraq and Af- that has arisen in the course of this The PRESIDING OFFICER. The ghanistan supplemental appropriations protracted fight is the fate of captured clerk will please read a communication bill. terrorists. Since 9/11, the United States has captured hundreds of terrorists to the Senate from the President pro f tempore (Mr. BYRD). who wish to harm Americans. Many of The assistant legislative clerk read RECOGNITION OF THE MINORITY them have been brought to the secure the following letter: LEADER detention facility at Guantanamo Bay. Current inmates include some of the U.S. SENATE, The ACTING PRESIDENT pro tem- key coconspirators in the Embassy PRESIDENT PRO TEMPORE, pore. The Republican leader is recog- bombings in Nairobi and Dar es Sa- Washington, DC, May 19, 2009. nized. To the Senate: laam, as well as Abd al-Rahim al- Under the provisions of rule I, paragraph 3, f Nashiri, the mastermind of the attack of the Standing Rules of the Senate, I hereby SUPPLEMENTAL WAR SPENDING on the USS Cole. Khalid Shaikh Mo- appoint the Honorable ROLAND W. BURRIS, a hammed, the mastermind of the 9/11 at- Senator from the State of Illinois, to per- Mr. MCCONNELL. Mr. President, tacks, is also there, as are a number of form the duties of the Chair. today, the Senate takes up the supple- his 9/11 coconspirators. ROBERT C. BYRD, mental war spending bill for the wars President pro tempore. Guantanamo was established to in Afghanistan and Iraq. The need to house terrorists such as these—dan- Mr. BURRIS thereupon assumed the consider such wartime supplementals gerous men who pose a serious threat chair as Acting President pro tempore. is familiar to the Senate, but their im- to Americans. The fact that we have f portance has not diminished over time. not been attacked at home since 9/11 Our Armed Forces have fought val- confirms, in my view, the fact that this RECOGNITION OF THE MAJORITY iantly against global terrorism for facility, when taken together with all LEADER more than 7 years, and our intelligence our other efforts in the global fight The ACTING PRESIDENT pro tem- community has made invaluable con- against terrorism, has been a success. pore. The majority leader is recog- tributions to that effort. This week, There is no doubt that some of the nized. the Senate will show, once again, that men who are held at Guantanamo are

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

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12826 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 eager to launch new attacks against The legislative clerk proceeded to struggle to make ends meet. Con- us. Of those who have been released call the roll. sumers are demanding relief, and it is from Guantanamo, about 12 percent Mr. BURRIS. Mr. President, I ask our duty to provide it. have returned to the battlefield. One of unanimous consent that the order for There is no place for that kind of these men is currently a top al-Qaida the quorum call be rescinded. greed in this new economy. There is no deputy in Yemen. Another is the The PRESIDING OFFICER (Mr. place for rising interest rates and Taliban’s operations commander in BROWN). Without objection, it is so or- record profits at the expense of good southern Afghanistan. These are men dered. working people. who were thought to be safe for trans- Mr. BURRIS. Mr. President, I would Now, as never before, we must move fer. like to speak briefly on the credit card with urgency to shieldAmerican wage More recently, the Defense Depart- legislation which we are going to be earners against exploitation and ensure ment has confirmed that 18 former de- taking up in a minute. that everyone gets a fair deal. This is tainees have returned to the battlefield The PRESIDING OFFICER. Without especially true of those in need, and it and that at least 40 more are suspected objection, it is so ordered. is on their behalf that I address this of having done so. Earlier this year, The Senator from Illinois is recog- Chamber today. the Saudi Government said that nearly nized. That is why I support the Credit a dozen Saudis who were released from f CARD Act of 2009. This bipartisan leg- islation will give us the tools to fix a Gitmo are believed to have returned to CREDIT CARD REFORM terrorism. This is a good reason to system that allows corporate giants to Mr. BURRIS. Mr. President, in these keep these men at Guantanamo until abuse their customers. trying economic times, far too many It will bring accountability back to the administration can present us with Americans have had to watch their the market and strengthen oversight. a plan for keeping terrorists off the hard-earned financial security evapo- It will end abusive practices like hid- battlefield. den fees and sudden rate hikes. Some have argued that the existence rate almost overnight. Rising unemployment, rampant fore- Young consumers will be shielded by of the Guantanamo prison serves as a closures, and shrinking market liquid- a provision that requires an adult to recruiting tool for terrorists. But it is ity continue to run roughshod over share in every new credit card agree- hard to imagine that moving this facil- American families. For some, credit ment. ity somewhere else and giving it a dif- cards have become a last line of de- Companies will be required to use ferent name will somehow satisfy our fense. plain language instead of manipulative critics in European capitals. Even less Responsible spending on credit has fine print, ending the predatory bait- likely is the notion that by moving de- helped millions of ordinary people pay and-switch tactics that got us into this tainees from the coast of Cuba to Colo- bills and keep food on the table even as mess. rado, terrorists overseas will turn their the economy continues to deteriorate. Quite simply, this bill will restore swords into ploughshares. I rise today in support of these hard- fairness, honesty and plain old common The global terror network we are working Americans. sense to the credit card industry. fighting targeted and killed Americans The need for credit card reform is It will stop companies from changing long before 9/11 and long before we crucial, and the time to act is now. We the rules in the middle of the game, opened the gates of Guantanamo. Shut- must pass the Credit CARD Act of 2009 but it will do nothing to reward irre- ting this facility now could only serve without delay. sponsible spenders or penalize compa- one end; that is, to make Americans As credit availability tightens, the nies that operate in good faith. This is less safe than Guantanamo. final wall of support is crumbling. At essential legislation at a time when the The supplemental spending bill that the slightest provocation, many credit stakes could not be any higher. the Senate votes on this week will fund card companies have chosen to take ad- We must move quickly to halt unfair an effort to combat terrorism that has vantage of families in distress with un- and abusive practices that threaten our been hard fought. We have seen vic- fair interest rates and drastic new fees. financial security. America has had tories and we have seen setbacks and Some people are suddenly confronted enough, and it is time that the mem- keeping detainees off the battlefield is with a choice between large annual bers of this Senate stand with our fel- part of the battle. Al-Qaida’s terrorist premiums or excessive rate hikes. low citizens to say that we, too, have networks remain vital and lethal, and A Chicagoan, Mr. Weatherspoon had enough. releasing detainees to return to terror bought a home several years ago and I urge my colleagues to join with me in places such as Yemen would be at soon ran into some unexpected ex- in passing the Credit CARD Act. We cross-purposes with the underlying bill penses. To consolidate his home repair will be voting shortly. Let’s pass this itself. If we are committed to funding bills that totaled over $12,000, Mr. bill. I suggest the absence of a quorum. the global fight against terrorism, then Weatherspoon applied for a credit card The PRESIDING OFFICER. The we will come up with a good alter- to take advantage of a low introduc- native to Guantanamo before we move clerk will call the roll. tory offer of 4.5 percent. The assistant legislative clerk pro- to close it. Without notice, that low rate jumped The administration has shown a will- ceeded to call the roll. to 28 percent. And he has been paying Mr. BROWN. Mr. President, I ask ingness to change course on other mat- it off ever since. Over the last 8 years, unanimous consent that the order for ters of national security. It is my hope Mr. Weatherspoon has paid the bank the quorum call be rescinded. that it will show a similar willingness $15,000, but has only reduced his prin- The ACTING PRESIDENT pro tem- on Guantanamo. As the Senate con- cipal balance by $800. pore. Without objection, it is so or- siders this supplemental, we will have These companies can change the dered. an opportunity to encourage such a terms of a contract at a moment’s no- Mr. BROWN. I ask unanimous con- shift in their thinking by expressing tice and without providing any reason sent to speak for no more than 5 min- our opposition to closing Guantanamo at all. utes as in morning business. until a good alternative emerges. This This allows them to maximize their The ACTING PRESIDENT pro tem- is the only way to ensure the same profits while keepingAmerican families pore. Without objection, it is so or- level of safety that Guantanamo has mired in more than $950 billion worth dered. delivered and the supplemental itself is of debt. f intended to promote. We cannot stand by as honest, re- Mr. President, I suggest the absence sponsible people fall victim to these FAMILY SMOKING PREVENTION of a quorum. predatory tactics. AND TOBACCO CONTROL ACT The ACTING PRESIDENT pro tem- We must not allow millions of Ameri- Mr. BROWN. Mr. President, 15 years pore. The clerk will call the roll. cans to be tricked and cheated as they ago I sat on the Energy and Commerce

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12827 Committee in the House of Representa- sions Committee will begin its delib- America’s workforce. Sometimes when tives and listened to seven tobacco ex- erations on finally changing the way people see corporations and businesses ecutives. It was a famous photograph we regulate tobacco, giving the author- and they read the headlines about Gen- of these seven tobacco executives who ity to the Food and Drug Administra- eral Motors, GE, or other large compa- raised their right hands and swore to tion. It is the right way to go. By this nies—Exxon, Shell come to mind— tell the whole truth and nothing but time on Thursday, I hope, certainly by those are good examples of national the truth. They were there to defend Friday, we should have legislation and international companies, but they their practices and swear under oath voted out of that committee, ready to are not necessarily examples of where that cigarettes and nicotine were not take action. It is about time this body all the jobs are, contrary to common addictive. The president of Philip Mor- stood up to the tobacco interests and belief. ris said, ‘‘I believe nicotine is not ad- did what is right for our children. The jobs are hard to see sometimes dictive.’’ The chairman and CEO of I yield the floor and suggest the ab- because they are in small places; in R.J. Reynolds Tobacco Company said, sence of a quorum. neighborhoods and on main streets and ‘‘Cigarettes and nicotine clearly do not The ACTING PRESIDENT pro tem- farm roads and on farm-to-market meet the classic definition of addic- pore. The clerk will call the roll. roads throughout our country; they are tion.’’ The president of U.S. Tobacco, The assistant legislative clerk pro- with small entrepreneurs employing the chairman and CEO of Liggett ceeded to call the roll. themselves and maybe two or three Group, and the chairman and CEO of Ms. LANDRIEU. Madam President, I other people or themselves and maybe Brown & Williamson Tobacco Corpora- ask unanimous consent that the order 10 or 15 other people. They are building tion all said, ‘‘I believe that nicotine is for the quorum call be rescinded. the backbone of the American free en- not addictive.’’ I listened as the presi- The PRESIDING OFFICER (Mrs. terprise system. dent and CEO of American Tobacco GILLIBRAND). Without objection, it is so These are the family businesses said, ‘‘I, too, believe nicotine is not ad- ordered. throughout the country whose thread dictive.’’ Ms. LANDRIEU. Madam President, I still weaves the American dream—the During that hearing, we heard re- ask unanimous consent to speak for up dream of working for yourself, being peatedly that 400,000 Americans die of to 5 minutes as in morning business. your own boss, setting your own hours, tobacco-related illnesses; 400,000 Amer- The PRESIDING OFFICER. Without never working less than you would icans every year, more than a thousand objection, it is so ordered. probably at a large company, always people a day, die of tobacco-related ill- Ms. LANDRIEU. Thank you, Madam working more but being quite reward- nesses. It occurred to me—as these President. ing, with a business you can pass down to your children and grandchildren who CEOs raised their right hands, all seven f of them in a row, and said tobacco is earn their way in the business. This is SMALL BUSINESS WEEK not addictive, cigarettes aren’t addict- what keeps the spirit of America going ive—it occurred to me why they were Ms. LANDRIEU. Madam President, I forward. These are the businesses we honor saying that. Simply, if 400,000 of their know we are trying to finalize the de- this week. They are the technological customers are dying every year, more bate on the underlying credit card im- startups that produce cutting-edge, than 1,000 a day, they need at least provement bill and support for con- clean energy sources, lifesaving med- 400,000 new customers every year, at sumers with personal credit cards. But ical advances, and provide safer equip- least 1,000 a day. So if they are going to I thought I would take a moment to ment for our troops, protecting our get those 400,000 customers, my guess is come to the floor to speak to the fact that this week is Small Business Week way of life. They are the construction they are not going to convince the Sen- companies that build new schools and ator from Illinois—the junior Senator in America. All over our country we are celebrating the entrepreneurial better homes and businesses that fix or the senior Senator from Illinois— our roads and our bridges. spirit of the over 26 million small busi- they are not going to convince me, These are the small business entre- nesses in America that serve as a back- they are not going to convince most of preneurs out there whom we honor this us who are in our forties, fifties, and bone of our economy. week. sixties to start smoking. They are Just yesterday, I was with Adminis- As the Presiding Officer and our more likely to aim at the pages who trator Karen Mills of the Small Busi- other colleagues know, small busi- are sitting here who are 15, 16, 17 years ness Administration, as she opened nesses are in a world of hurt. They are old. They are more likely to go after Small Business Week at one of the in trouble. They are in very troubled children. local hotels here, where there are hun- waters, in very difficult times. In fact, the Cancer Action Network, dreds of small business owners receiv- As America’s consumers pinch pen- the American Cancer Society, did an ad ing awards from all our States for the nies to pay the bills, small business today: 98,000 kids have smoked their extraordinary work they have done in owners scramble to pay their own bills. first cigarette in the last month. That opening, starting, and building their Entrepreneurs are, unfortunately, is why the cigarette companies, the to- businesses, at even these challenging being turned away from many tradi- bacco companies have introduced prod- times. In a few minutes, I will be join- tional sources of capital financing. ucts such as Camel Orbs, Sticks, and ing her for lunch, as we hand out Many of these small businesses have Strips that are aimed at children. That awards to some of the most innovative never, in their history of business, is why they did the Camel No. 9, a very small businesses in the world today, missed a payment or been late on a attractive package, trying to get not just in America but in the world. It payment. Yet we are hearing some very women to smoke; Joe Camel; bill- is exciting that many of these small sad and troubling stories in the Small boards—until we outlawed them—right business owners are with us in Wash- Business Committee, such as that of by high school campuses and high ington this week. Robert Cockerham, whose wife, I be- school buildings. So I have come to the floor to speak lieve, was with him, if my memory The fact is, 400,000 Americans die about our business owners, some of the serves. He is a car dealer. He took his every year from tobacco-related ill- challenges they are facing, and to ac- life savings and started Car World. nesses. Tobacco companies need 400,000 knowledge there will be a resolution we Similar to many business owners, he new customers just to break even, just are asking to be cleared this week in put everything into this business. He to stay in business. They aim at our honor of these millions of firms. became one of the highest selling deal- children. They go after children who I say to the Presiding Officer, as you erships in New Mexico. It was an excit- are 12, 13, 14, 15, 16, 17 years old. That know, Main Street firms pump almost ing opportunity for him and his family. is why, under Chairman KENNEDY’s $1 trillion into our economy every But yet, as this recession has unfolded, leadership with Chairman DODD, today year, creating two-thirds of all new he was forced to close some of his deal- the Health, Education, Labor, and Pen- jobs, and account for more than half erships and lay off workers. He thought

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12828 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 most of his tough decisions were be- at a local Chase Bank, but he knows of the same issues that, in fact, we are hind him, only to find that a bank right now he cannot expand because of going to be dealing with today. So it came in and constricted his line of the current situation. has taken us a little bit of time to get credit. Again, he had never missed a But let me say, if we are going to to where we are, but I think it is a step payment or been late. Unfortunately, pull out of this recession—I believe we forward. now his business is in a very dire situa- will—it is going to be because small What I do wish to say is, while the tion. business pulls us out, not the giant cor- legislation we are passing today is im- That is why it is important for us to porations, not the multinationals but portant—and it is a very good piece of press forward on everything we can, the intrepid entrepreneurs who will put legislation; I congratulate Chairman through the Small Business Adminis- their face to the wind and move for- DODD for his work on it—it does not go tration, through the stimulus package, ward, even in difficult times. far enough. One of the areas where it is trying to reach business owners such as The least we can do is reauthorize not going anywhere near as far as it this who have not done anything our Small Business Administration, should be is finally addressing the issue wrong. They have simply gotten make it as robust and effective and of usury in the United States of Amer- caught up in one of the worst economic agile and muscular as possible, to give ica and making a moral determination downturns in recent memory. We need them the help they need. whether it is acceptable, whether it is to do more, and we will. That is what To help Bob Baker, to help Robert moral for banks to be charging Ameri- our efforts are here today, as in the Cockerham, and small business owners cans 25 or 30 percent interest rates and, previous weeks, and hopefully in the such as them who have testified before in some cases, in terms of payday lend- weeks to come. our committee, let us redouble our ef- ing, significantly higher than that. Is I am proud to say we have taken forts to get our work done. that what we want to be doing as a na- some important steps. But we need to In conclusion, we must also make tion? What I would like to do now is do so much more. The American Recov- sure the billions of dollars in stimulus briefly read from what I thought was a ery and Reinvestment Act took bold money are moving to small businesses, very thoughtful article by Arianna steps to increase access to capital for as required by law. I will be having a Huffington in the Huffington Post, our Nation’s entrepreneurs. In the hearing this week in my committee, where she touches on the issue of Small Business Committee, we worked and I wish to thank so many of my usury, which is an issue we have to ad- to temporarily eliminate fees on SBA- members, particularly Senator SHA- dress. backed loans. I am proud to report the HEEN, Senator HAGAN, and Senator This is what she says: week that new rule went into effect, we CARDIN, who have been particularly ag- Throughout history, usury has been de- saw an immediate uptick of 25 percent gressive in this effort. I thank them cried by writers, philosophers, and religious in new loans being made through the very much. leaders. SBA because of the temporary elimi- Again, it is Small Business Week. Aristotle called usury the ‘‘sordid love of nation of those fees. Pat a small businessperson on the gain,’’ and a ‘‘sordid trade.’’ Thomas Aquinas said it was ‘‘contrary to The Recovery Act has helped to stim- back. Thank him or her for doing his or justice.’’ ulate new lending and will, hopefully, her work because this will be the group In The Divine Comedy Dante assigned usu- continue to do so. We think, based on who leads America back to strength. rers to the seventh circle of hell. what is in the Recovery Act, it will I yield the floor. Deuteronomy 23:19 says, ‘‘thou shalt not pump about $16 billion in new loans The PRESIDING OFFICER. The Sen- lend upon usury to thy brother.’’ and venture capital into small busi- ator from Vermont. Ezekiel 18:10 compares a usurer to someone nesses in America. Mr. SANDERS. Madam President, I who ‘‘is a thief, a murderer . . . defiles the I continue to be concerned, however, wife of his neighbor, oppresses the poor and ask unanimous consent to be able to needy, commits robbery, does not give back about the road ahead for so many of speak for up to 10 minutes as in morn- a pledge, raises his eyes to idols, does abomi- our small businesses, not only in New ing business. nable things.’’ York, the State the Presiding Officer The PRESIDING OFFICER. Without The Koran is equally unequivocal: ‘‘God represents, but in Louisiana as well, objection, it is so ordered. condemns usury.’’ And it goes on to say that where our unemployment rate, thank- f ‘‘those who charge usury are in the same po- fully, is lower than the average but, sition as those controlled by the devil’s in- USURY nonetheless, our businesses are strug- fluence.’’ gling. Mr. SANDERS. Madam President, I In other words, throughout history, We must double our efforts. I wish to am assuming today we are, in fact, and in all the major religions, usury work with my colleagues in the House going to vote on the credit card legisla- has been condemned. What civilization to reauthorize the Small Business Ad- tion, which is a very important step has said is that it is simply wrong and ministration and its critical programs. forward in beginning to address some immoral for those people who have These initiatives have assisted entre- of the outrages the large banks and money to take advantage of those peo- preneurs in starting and growing their credit card industry are perpetrating ple who need that money by charging businesses and were responsible, ac- on the American people. them outrageously high interest rates. cording to our records, for 1.5 million A few weeks ago, I asked folks on my In my view, interest rates of 25, 30, 35, jobs being created or sustained last mailing list to tell me what credit card 50 percent are outrageous and it is year. companies are doing to them. Within 3 usury, and it is time the Senate ad- One of these small business owners is days, we had over 5,000 responses, and dress those issues. Bob Baker, the owner of Baker Sales, a many of these responses were hair-rais- Up until the late 1970s— pipe and fence distributor in Louisiana ing. People have seen their interest and I am quoting Arianna Huffington and the State’s Small Business Owner rates on their credit cards double, tri- again— of the Year. ple. People are now paying 25 or 30 per- America’s laws followed suit, keeping inter- I met Bob Baker yesterday. He en- cent interest rates, which to my mind est rates in check. courages his employees to take advan- is unacceptable. Then, in 1979, a Supreme Court ruling al- tage of the free classes the local Small The issue we are dealing with on lowed banks to charge the top interest rate Business Development Center offers. credit cards is something I have been allowed by the State where a bank is incor- He has taken advantage of the center’s involved in for many years. I was a porated as opposed to the borrower’s home counseling to cope with financial dif- member of the Financial Services Com- State. Hoping to lure banks’ business, States like South Dakota and Delaware repealed ficulties. mittee in the House of Representatives their usury laws—and off we went. These days, Bob reports he is doing in 2003. We introduced legislation enti- That same year, Congress passed the De- better than most small business own- tled the ‘‘Credit Bait and Switch Pre- pository Institutions Deregulation and Mon- ers. He has stabilized his line of credit vention Act,’’ which deals with many etary Control Act which, among other

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12829 things, allowed federally chartered savings fees. Even as credit card defaults reached bill fails to achieve this balance, to the det- banks and loan companies to charge any in- record levels in April. riment of American consumers.’’ terest rates they chose—putting us on the As we move to Epoch B, we need to ask Yes, I’m sure they are losing a lot of sleep path that led us to today, where banks rou- ourselves: do we want to continue living in a worrying about American consumers. But tinely gouge their most vulnerable cus- world where banks can gouge their cus- the problem for most consumers isn’t getting tomers. tomers with sky-high interest rates? access to credit cards (see the endless credit So here is where we are today. The The Senate seems to think so. Last week it card come-ons clogging our mailboxes). It’s bottom line is we are going to pass a voted down a measure introduced by Bernie being hammered with 36 per cent interest Sanders that would cap interest rates at 15 rates for missing a single payment or bill that is long overdue. It is a good percent. And it wasn’t even close. Sanders’ bombarded with a never-ending array of fees bill. I commend Chairman DODD for his amendment only got 33 votes, with 22 Demo- (lenders raked in over $18 billion on penalties hard work. It is an important step for- crats joining those who voted against the in- and fees alone in 2007). ward in protecting consumers. But I terests of their constituents (a shout out to In any case, the Senate bill, while defi- am going to be back on this issue of Sen. Grassley, the lone Republican to vote nitely a step in the right direction (and even usury. In the United States of America, for the amendment). tougher than the measure the House passed we have to finally tell banks and credit ‘‘When banks are charging 30 percent inter- in April), will, with a few worthy differences, card companies it is simply not accept- est rates, they are not making credit avail- impose the same limits on the credit card in- able,’’ said Senator Sanders. ‘‘They are en- dustry as the new rules passed by the Fed in able to charge people 25, 30, 35 percent gaged in loan sharking.’’ Also known as December. And, like the new Fed regula- interest rates. We have to end that usury. tions, the Senate legislation won’t take ef- abominable practice, and I intend to be Throughout history, usury has been de- fect for close to a year. playing an active role in that. cried by writers, philosophers, and religious Don’t get me wrong: having the president I ask unanimous consent that the ar- leaders. sign the bill into law will send the right mes- ticle to which I have been referring be Aristotle called usury the ‘‘sordid love of sage to the banking industry (important printed in the RECORD. gain,’’ and a ‘‘sordid trade.’’ after the cramdown debacle) and offer added There being no objection, the mate- Thomas Aquinas said it was ‘‘contrary to protection against a future Fed chairman ar- rial was ordered to be printed in the justice.’’ bitrarily rolling back the new rules. In The Divine Comedy Dante assigned usu- But if the new rules are important enough RECORD, as follows: rers to the seventh circle of hell. to consumers for Congress to enshrine them (From the Huffington Post, May 18, 2009) Deuteronomy 23:19 says, ‘‘thou shalt not into law, why not make them effective im- OBAMA CALLS FOR AN EXTREME MAKEOVER OF lend upon usury to thy brother.’’ mediately? As Obama said at last week’s OUR CULTURE: ARE THE CREDIT CARD COM- Ezekiel 18:10 compares a usurer to someone town hall meeting on credit cards, the preda- PANIES LISTENING? who ‘‘is a thief, a murderer . . . defiles the tory practices of the credit industry have (By Arianna Huffington) wife of his neighbor, oppresses the poor and ‘‘only grown worse in the middle of this re- In his masterful commencement speech at needy, commits robbery, does not give back cession, when people can afford them least.’’ Notre Dame this weekend, President Obama a pledge, raises his eyes to idols, does abomi- Almost a year is too long to wait when peo- took his campaign theme of Change to a nable things.’’ ple are struggling—and being bled dry. whole new level, telling the graduates—and The Koran is equally unequivocal: ‘‘God ‘‘Both the politicians and the regulators the rest of us—that we find ourselves at ‘‘a condemns usury.’’ And it goes on to say that are riding in like the cavalry, and the set- rare inflection point in history where the ‘‘those who charge usury are in the same po- tlers are already dead,’’ David Robertson, size and scope of the challenges before us re- sition as those controlled by the devil’s in- publisher of the Nilson Report, a newsletter quire that we remake our world to renew its fluence.’’ that monitors the credit card industry, told promise.’’ Up until the late 1970s, America’s laws fol- the Washington Post. So, as we stand at this inflection point and lowed suit, keeping interest rates in check. As HuffPost’s Ryan Grim reported, Obama gradually move from what Jonas Salk called Then, in 1979, a Supreme Court ruling al- has been much more involved with the credit Epoch A (our survival-focused past) to Epoch lowed banks to charge the top interest rate card bill than he was with the anti-fore- B (our meaning-focused future), we have to allowed by the state where a bank is incor- closure legislation. But, given the impas- ask ourselves what this remade world will porated as opposed to the borrower’s home sioned case he made at Notre Dame and his look like—and what steps we need to take to state. Hoping to lure banks’ business, states call to ‘‘align our deepest values and com- get there. like South Dakota and Delaware repealed mitments to the demands of a new age,’’ he At Notre Dame, Obama offered a dev- their usury laws—and off we went. should take it one step further and throw his astating teardown of Epoch A and its ‘‘econ- That same year, Congress passed the De- weight behind Sanders’ effort to limit usu- omy that left millions behind even before pository Institutions Deregulation and Mon- rious interest rates. this crisis hit—an economy where greed and etary Control Act which, among other Just because it didn’t pass doesn’t mean short-term thinking were too often rewarded things, allowed federally chartered savings it’s dead. History is filled with causes that at the expense of fairness, and diligence, and banks and loan companies to charge any in- took many battles before they were vic- an honest day’s work.’’ terest rates they chose—putting us on the torious (women’s suffrage, the Voting Rights The problem, according to the president: path that led us to today, where banks rou- Act, the Clean Air Act, the American with ‘‘Too many of us view life only through the tinely gouge their most vulnerable cus- Disabilities Act, etc., etc., etc.). lens of immediate self-interest and crass ma- tomers. Our deepest values and commitments are terialism; in which the world is necessarily a According to Elizabeth Warren, credit card certainly being put to the test. Questions we zero-sum game. The strong too often domi- companies ‘‘have switched from the notion of thought had been settled for hundreds of nate the weak, and too many of those with ‘I’ll lend you money because I think you’ll be years are suddenly back on the table. Are we wealth and power find all manner of jus- able to repay and we’ll find a reasonable rate a country that tortures or not? Are we a tification for their own privilege in the face for doing that’ over to a tricks and traps country that financially tricks and traps of poverty and injustice.’’ model . . . The job is to trick people and trap millions of vulnerable working families, The president should email his speech to them and that’ s how you boost profits.’’ binding them to the whims of bankers who Wall Street. And while he’s at it, he should This profit-uber-alles mindset is why the have lost all sight of fairness? also blast it out to the people running the banking industry, looking at the world Appearing on Real Time with Bill Maher, giant pharmaceutical companies, the ones through what Obama described as the ‘‘lens Elizabeth Warren put the question this way: who knowingly allow deadly drugs to remain of immediate self-interest and crass mate- ‘‘This is really about whether we have a on the shelves; to the people running chem- rialism,’’ is fighting tooth and nail against government that just recedes and says, in ef- ical plants releasing deadly toxins into the the Senate’s new credit card reform bill that fect, ‘Hey, the strong can take from every- water and air; to the factory farmers filling is set to come up for a vote this week (the in- body, they can write these [rules] however our food with steroids and additives; to the dustry already having spent $42 million on they want . . .we can have a totally broken dentists exposed for trading their Hippo- lobbying this year alone). Although, to hear market that makes a few people very rich cratic oath for profit by performing unneces- the bankers’ lobbyists tell it, all they really and robs the rest of them. Or you can write sary surgeries on children. want is what is best for the consumer. a set of rules that says, ‘You know, it’s just And he should definitely send it to the ‘‘It is vitally important for policymakers gotta be kind of level out there.’ . . . Every- credit card companies, which, faced with cus- to get the right balance of better consumer thing we have, your shoes, your clothes, the tomers choking on debt and forced to use protection while not jeopardizing access to water you drink, the air you breathe, we their credits cards to pay for essentials like credit and the credit markets,’’ said Ken have basic safety rules in the United States. food and medical care, respond by jacking up Clayton of the American Bankers Associa- . . . But we don’t have them for consumer interest rates and tacking on penalties and tion. ‘‘We are very worried that the Senate credit products.’’

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12830 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 Heading into Epoch B, and seeing the dev- Standing Rules of the Senate, hereby move Mr. DODD. Madam President, I move astation all around us here at the tail end to bring to a close debate on the Dodd- to reconsider the vote and to lay that Epoch A, can anyone—other than the bank- Shelby substitute amendment No. 1058 to motion on the table. ing lobby, that is—argue that we shouldn’t? H.R. 627, the Credit Cardholders’ Bill of The motion to lay on the table was The moment to act is now. Inflection Rights Act of 2009. points in history don’t come along very Harry Reid, Christopher J. Dodd, Bill agreed to. often. Nelson, Richard Durbin, Debbie Stabe- The PRESIDING OFFICER. The Sen- Mr. SANDERS. I yield the floor. now, Patrick J. Leahy, Patty Murray, ator from Connecticut. I note the absence of a quorum. Amy Klobuchar, Russell D. Feingold, Mr. DODD. Madam President, I ask The PRESIDING OFFICER. The Mark R. Warner, Jon Tester, Mark unanimous consent that it be in order Begich, Mark L. Pryor, Robert P. to make a point of order, en bloc, on clerk will call the roll. Casey, Jr., Benjamin L. Cardin, Jack The bill clerk proceeded to call the the pending amendments. Reed, Sherrod Brown. The PRESIDING OFFICER. Is there roll. The PRESIDING OFFICER. By unan- Mr. DODD. Madam President, I ask objection? imous consent, the mandatory quorum unanimous consent that the order for Without objection, it is so ordered. call is waived. the quorum call be rescinded. Mr. DODD. Madam President, I make The question is, Is it the sense of the a point of order, en bloc, that the pend- The PRESIDING OFFICER. Without Senate that debate on amendment No. objection, it is so ordered. ing amendments are not germane 1058, the Dodd-Shelby substitute to postcloture. f H.R. 627, the Credit Cardholders’ Bill of The PRESIDING OFFICER. The RESERVATION OF LEADER TIME Rights, shall be brought to a close? point of order is well taken, and the The yeas and nays are mandatory amendments fall. The PRESIDING OFFICER. Under under the rule. the previous order, leadership time is The clerk will call the roll. DEFERRED INTEREST reserved. The bill clerk called the roll. Mr. SHELBY. Would the Senator f Mr. DURBIN. I announce that the from Connecticut yield to me for the purpose of engaging in a colloquy? CREDIT CARDHOLDERS’ BILL OF Senator from Ohio (Mr. BROWN), the Mr. DODD. Yes, I would be happy to RIGHTS ACT OF 2009 Senator from West Virginia (Mr. BYRD), the Senator from Massachusetts yield. The PRESIDING OFFICER. The Sen- (Mr. KENNEDY), and the Senator from Mr. SHELBY. A the Senator knows, ate will resume consideration of H.R. West Virginia (Mr. ROCKEFELLER) are credit card issuers often offer so-called 627, which the clerk will report. necessarily absent. ‘‘deferred interest’’ programs for the The bill clerk read as follows: Mr. KYL. The following Senator is benefit of cardholders. To my knowl- A bill (H.R. 627) to amend the Truth in necessarily absent: the Senator from edge, the legislation would not affect Lending Act to establish fair and trans- Nevada (Mr. ENSIGN). the ability to offer these types of pro- parent practices relating to the extension of The PRESIDING OFFICER. Are there grams, is that the Senator’s under- credit under an open end consumer credit any other Senators in the Chamber de- plan, and for other purposes. standing? siring to vote? Mr. DODD. That is my under- Pending: The result was announced—yeas 92, standing. Dodd/Shelby amendment No. 1058, in the nays 2, as follows: Mr. SHELBY. I appreciate that. For nature of a substitute. [Rollcall Vote No. 193 Leg.] purposes of clarifying the intent of this Landrieu modified amendment No. 1079 (to YEAS—92 amendment No. 1058), to end abuse, promote legislation, I would like to ask an addi- disclosure, and provide protections to small Akaka Enzi Menendez tional question. The legislation in- businesses that rely on credit cards. Alexander Feingold Merkley cludes provisions to prohibit a balance Barrasso Feinstein Collins/Lieberman modified amendment Mikulski Baucus Gillibrand Murkowski calculation method known as ‘‘two- No. 1107 (to amendment No. 1058), to address Bayh Graham Murray cycle’’ billing. This provision would stored value devices and cards. Begich Grassley Nelson (NE) have the effect of prohibiting the card Lincoln amendment No. 1126 (to amend- Bennet Gregg Nelson (FL) issuer from assessing interest on bal- ment No. 1107), to amend the Federal Deposit Bennett Hagan Pryor Insurance Act with respect to the extension Bingaman Harkin Reed ances from the immediately preceding of certain limitations. Bond Hatch Reid billing cycle as a result of a loss of a Boxer Hutchison Risch grace period. Is it the Senator’s under- AMENDMENT NO. 1130 TO AMENDMENT NO. 1058 Brownback Inhofe Roberts Bunning Inouye standing that this provision would not The PRESIDING OFFICER. The Sen- Sanders Burr Isakson affect a credit card issuer’s ability to ator from Connecticut is recognized. Schumer Burris Johanns offer deferred interest programs? Mr. DODD. Madam President, I ask Cantwell Johnson Sessions unanimous consent that the managers’ Cardin Kaufman Shaheen Mr. DODD. That is my under- amendment, which is at the desk, be Carper Kerry Shelby standing. It is not the intent of this Casey Klobuchar Snowe provision to eliminate deferred interest considered and agreed to and the mo- Specter Chambliss Kohl programs that help consumers. In fact, tion to reconsider be laid upon the Coburn Landrieu Stabenow table. Cochran Lautenberg Tester the payment allocation provisions in The PRESIDING OFFICER. Is there Collins Leahy Udall (CO) the legislation envision the continued Conrad Levin Udall (NM) availability of such programs. objection? Vitter Corker Lieberman Mr. SHELBY. I thank the Senator. Without objection, it is so ordered. Cornyn Lincoln Voinovich (The amendment is printed in today’s Crapo Lugar Warner Mr. LEAHY. Madam President, it is a RECORD under ‘‘Text of Amendments.’’) DeMint Martinez Webb mark of the difference between the The amendment (No. 1130) was agreed Dodd McCain Whitehouse Senate’s agenda last year and the new Dorgan McCaskill Wicker to. Durbin McConnell Wyden Senate’s agenda this year that we fi- Mr. DODD. Madam President, I ask nally are able to debate and move to- NAYS—2 that the previous order regarding the ward a vote on the Credit Card Ac- cloture vote commence. Kyl Thune countability, Responsibility and Dis- The PRESIDING OFFICER. The clo- NOT VOTING—5 closure Act, which I strongly support. ture motion having been presented Brown Ensign Rockefeller I thank and commend both Senator under rule XXII, the clerk will report Byrd Kennedy DODD and Senator SHELBY for their the motion to invoke cloture. The PRESIDING OFFICER. On this hard work on this important legisla- The bill clerk read as follows: vote, the yeas are 92, the nays are 2. tion. The Banking Committee has CLOTURE MOTION Three-fifths of the Senators duly cho- faced a number of extraordinary chal- We, the undersigned Senators, in accord- sen and sworn having voted in the af- lenges this year—stabilizing our finan- ance with the provisions of rule XXII of the firmative, the motion is agreed to. cial institutions, rescuing our housing

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12831 market, rooting out bad actors in the Ms. MIKULSKI. Madam President, I economics, they were also figuring out financial system, and restoring con- strongly support the Credit Card Ac- how to get American consumers in debt sumer confidence in our economy—and countability, Responsibility, and Dis- traps, and keep them there by raising I applaud Chairman DODD for the ini- closure Act. interest rates, charging fees, and mar- tiative he has taken in tackling these This legislation is about protecting keting to consumers who didn’t know issues and helping ordinary Americans American families. Credit card compa- any better. most affected by the current economic nies have been pushing schemes and They have been raising interest rates downturn. scams for years. This legislation beefs on consumers for no reason, and apply- Over the past 6 months, hundreds and up regulations and enforcement to help ing the higher interest rates retro- hundreds of Vermonters have con- consumers avoid them. And it makes it actively. tacted my office voicing concerns easier for families to pay down their They have been charging fees with- about deceptive practices by the credit bills and get out of debt. out any legitimate purpose—and then card industry. People have shared sto- I support this legislation because charging interest on top those unfair ries about credit card companies rais- heart and soul I am a regulator and a fees. ing interest rates arbitrarily, charging reformer. Over and over, I have voted And they have been marketing their usurious fees, and refusing to work co- for more teeth and better regulation products to college students who they operatively with their clients. Most because I believe government should be knew couldn’t afford the credit they troubling, the biggest offenders appear on the side of the people. I was one of were providing. to be large, national banks that gladly nine Senators to vote against the de- This has led to a massive accepted the mercy of taxpayer bailout regulation that led to casino economics unsustainable debt increase for too money when they were in trouble yet and caused the economic crisis we are many families. It has made it almost show little compassion now when their fighting to get through today. From impossible for some to get out of debt customers are struggling. tainted dog food to toxic securities, even though they have acted respon- In today’s economy, Americans need we’ve seen the consequences of a lax sibly, and it’s led to too many students credit that is accessible, affordable, regulatory culture and wimpy enforce- graduating college with thousands of and dependable. Unfortunately, our ment, which is why I have fought dollars in credit card debt but no current credit card system disadvan- against it at every turn. steady paycheck. tages many Americans and makes it We need to get back to basics. For This legislation says no more. harder for them to pay off their debt. too long we have let credit card compa- No more raising interest rates for no Credit card contracts have been grow- nies get away with schemes and scams. reason and with no notification. No more applying higher interest ing increasingly complicated, decep- We relaxed the rules and allowed the rates to balances that have already tively worded, and unfairly stacked whales and the sharks to grow bigger against consumers. The time is long been paid off. and fiercer. I am on the side of the No more unfair sky-high fees with no overdue for more transparent and equi- minnows. We need to regulate the recourse for the consumer. table credit card practices—which I whales and the sharks. We need to stop And no more targeting college kids why I was an early cosponsor of this the scamming and the scheming. to weigh them down with debt before bill and why I am very pleased that the American families are worried about they even graduate. Senate at last is able to move forward their jobs. They are worried about These reforms will give families in in considering and voting on it. their health care. They are worried debt the opportunity to get out, it will This bill puts fairness and common about their kids’ school. They lower monthly credit card bills, and it sense back into the credit card system shouldn’t have to worry about unfair will help consumers avoid the preda- by changing several unfair billing, credit card practices. tory debt traps that are the problem in marketing, and disclosure practices. People who saved for their retire- the first place. Among its many important provisions, ment, those who’ve been faithful in We need to fight for the middle class. the bill prohibits interest charges on paying their mortgage, those who have We need to fight for the people who credit card debt that is paid on time; worked hard to pay for college are won- play by the rules. requires a 45-day notice of any fee or dering, ‘‘What is going on? The cost of And we need a major attitude adjust- interest rate changes; prohibits inter- groceries and health care and energy ment. est charges on credit card transaction are going up and my pay check, if I’m Congress is trying to stand up for the fees such as late fees; prohibits lucky enough to still have one, is going middle class, for our constituents who overlimit fees unless a consumer opts down. Where’s my bailout?’’ are asking, ‘‘Where is my bailout?’’ into the program; requires enhanced No wonder my constituents are mad But the banks and financial industry disclosure to consumers regarding the as hell. They have watched Wall Street continue to stand in the way. We have consequences of making only minimum executives pay themselves lavish sala- given them hundreds of billions in bail- payments; protects younger consumers ries. They have watched them engage outs. But there is no sense of gratitude. from alluring and usurious credit card in irresponsible lending practices. They There is no sense of gratitude that the offers; and requires promotional rates have watched them do casino econom- waitress, that the single mother, that to last at least 6 months. ics, gambling on risky investment the farmer, that the firefighter is will- I also am gratified that we now have mechanisms. And now those same ing to do their part. And there is no a President who is taking consumers’ banks who are asking my constituents willingness to help out those who have needs to heart and who has supported for a bailout with one hand are raising stepped up. our efforts to move this bill forward. interest rates for no reason, and charg- There is no gratitude, no remorse, no These significant credit card reforms ing exorbitant fees with the other promise to sin no more, no ‘‘let’s make will protect consumers from excessive hand. amends.’’ Instead, they pay themselves penalties, ever-changing interest rates, Well, my constituents are mad as lavish salaries, bonuses and perks, like and complex contracts. So once again, hell and so am I. I want them to know lavish spa retreats, and they fight I want to thank Chairman DODD and that I am on their side. I am fighting tooth and nail against our efforts to Ranking Member SHELBY for bringing to get government back on the side of help the very people who are now pay- forward this important, bipartisan leg- the people who need it. We need to look ing their salaries. islation. I believe it will go a long way out for the public good, not private Wall Street is bankrupt—both on its toward relieving Vermonters who, like profits. balance sheets and in its attitude to- Americans everywhere, have had to en- The banks on Wall Street have been wards the American consumer. I am dure the dictates of credit card issuers busy in the past 10 years. At the same proud to stand with Chairman DODD when it comes to the onerous and un- time they were inventing new ways to and Senator SHELBY as we put govern- fair terms in these contracts. make risky loans and engage in casino ment back on the side of the people

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12832 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 who need it. These reforms have been a There are, of course, many important The people of Michigan have been long time coming; I am proud to stand votes among those 11,000, but the one happy with Senator LEVIN’s work here in support of this bill today and urge most recently in my mind is he voted in the Senate: they have sent him back my colleagues to vote in favor of it as aye for the Wounded Warrior Act, five times, including this past Novem- well. which he shepherded through the Sen- ber. His hometown paper calls him a SENATOR LEVIN’S11,000TH VOTE ate in the face of veto threats, to make principled leader and personally above Mr. REID. Madam President, in just sure our troops and our veterans get reproach. a few minutes, one of our most distin- the care they deserve on the battlefield We have seen Senator LEVIN’s com- guished colleagues has marked another and also when they come home. Off the mitment to his State in a vivid way milestone. The senior Senator from Senate floor, CARL LEVIN led a over the past several months, as auto- Michigan, CARL LEVIN, is going to groundbreaking investigation into the makers have struggled to stay afloat. shortly cast his 11,000th vote. How fit- Enron collapse that opened America’s We have seen him work with Members ting that this landmark vote, like so eyes to the corporate abuses that hurt on both sides to help automakers, and many before it, will be cast in favor of so many hard-working Americans. we’ve seen him outside the Capitol protecting American families, hard- More than many Americans, those showing solidarity with workers. He is working American families. across Michigan face significant strug- committed to his State, and he shows We have all had the honor of serving gles every day. If I lived in Detroit or it. EVIN with and getting to know CARL LEVIN. Lansing or Grand Rapids, there is no Senator L has fought hard for I personally have known him for a long one I would rather have looking out for environmental causes. In 1990, he au- time. I first met him in 1985. What me and helping me to get through this thored the Great Lakes Critical Pro- stands out more than any other time in difficult time than CARL LEVIN. CARL grams Act to create new standards of environmental protection for the Great the dealings I have had with Senator LEVIN has served Michigan in the Sen- Lakes. He also helped win passage of LEVIN—and there have been lots of ate longer than anyone in Michigan’s them—is the first time I met with him, history. Few would argue that anyone the Great Lakes Legacy Program to clean up contaminated sediments. in his office in the Russell Building. I has done it with more passion and prin- Outside Michigan, most people prob- was over there to talk about my run- ciple and precision than CARL LEVIN— ably associate Senator LEVIN with his as he approaches every issue. ning for the Senate. I had the good for- distinguished tenure on the Senate I know Senator LEVIN’s wife Barbara. tune of working for a number of years Armed Services Committee, where he She is a wonderful partner of Carl with his brother, Sandy, in the House. has earned a reputation as a strong Levin. Also, for those Democrats, we We came together to the House of Rep- supporter of our Nation’s service men know she can also sing. resentatives. and women. It was because of Senator At the beginning of the conversation, Your wife Barbara is the best. We LEVIN’s work on this committee that I said: CARL, I served with your broth- compliment you on raising such won- he received the Navy’s highest award er, Sandy. We came together. He is a derful children—Kate, Laura, and for a civilian a few years ago for distin- wonderful man. Erica. They, your five grandchildren, guished service to the Navy and Marine CARL LEVIN, sitting at his desk, and, of course, your best friend, Con- Corps. looked up at me and said: Yes, he is my gressman SANDER LEVIN, join me in (Applause.) brother, but he is also my best friend. congratulating you on this latest ac- The PRESIDING OFFICER. The jun- That is CARL LEVIN. complishment. ior Senator form Michigan is recog- Before Senator LEVIN became one of The PRESIDING OFFICER. The Re- nized. our most brilliant legislators in the publican leader is recognized. Ms. STABENOW. Madam President, I history of this country, he was a bril- Mr. MCCONNELL. Madam President, also have to rise and thank my friend liant lawyer and a law professor. Sen- I join my friend, the majority leader, and partner and senior Senator from ator LEVIN graduated from Detroit’s in recognizing our friend for his distin- Michigan on behalf of everyone in public schools, Swarthmore College, guished achievement. I would say to Michigan. We could not be more proud and Harvard Law School before em- my friend from Michigan, only 20 Sen- of his work every day: keeping us safe, barking on a remarkable career. ators in history have cast more votes supporting the troops, fighting for vet- He has held many titles over the now than CARL LEVIN. But probably erans, the work he has done on the many years he has done public service, even fewer have been as unassuming as credit card bill that is in front of us. but each shares a common theme— the senior Senator from Michigan. The fact that he has been the champion serving his community and his coun- Over the years, he has impressed all for the auto industry and autoworkers try. He has been Michigan’s assistant his colleagues by his dogged commit- and workers across America as well as attorney general, the first general ment to the people of Michigan, and in our State is something of which we are counsel for the Michigan Civil Rights particular, to the manufacturers and very proud. Commission, a founder and leader in laborers in his home State. For many There is no one better. With a won- the Detroit Public Defender’s Office, of us, he has become the face of Michi- derful family—Barbara and the girls and president of the Detroit City Coun- gan. and the grandkids. I am very proud to cil. A product of the Detroit public have the honor of partnering with Sen- His attention to detail is second to school system, Senator LEVIN grad- ator CARL LEVIN. none, and we all know that. As I say, uated from Central High School in De- Congratulations. he is my Harvard nitpicker. He is such troit, Swarthmore College, and Har- The PRESIDING OFFICER. The Sen- a great lawyer, has such a great legal vard Law School, before returning to ator from Michigan is recognized. mind. I can remember times when I Detroit to practice law. Mr. LEVIN. Madam President, first have not been able to be here on the He held a number of public offices in let me thank my dear friend, the ma- floor—Senator Daschle was the same Detroit before becoming president of jority leader, for his extraordinarily way—and we had to call Senator LEVIN the Detroit City Council. In 1978, he generous, warmhearted comments, and to make sure there was nothing we was elected to the U.S. Senate in an including my family. As he indicated, missed because anytime he puts his upset victory over the incumbent Re- it is so important to me. stamp of approval on something, it has publican. I also thank Senator MCCONNELL. been reviewed and reviewed in his great Four years later, Senator LEVIN was Thank you so much for your gracious mind. His leadership is just as strong. joined in Congress by his brother and comments, Senator MCCONNELL, and to He has been the top Democrat on the his best friend, SANDER. Apparently, my dear colleague from Michigan, Sen- Senate Armed Services Committee people still sometimes confuse the two ator STABENOW. since 1997. He has ably led that panel in of them . . . so it is probably a good The only thing more important to me both times of war and peace. thing they get along so well. than the 11,000 votes—which seem to be

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12833 just like 30 years ago when it began— Dodd Kohl Reid TITLE IV—GIFT CARDS Dorgan Landrieu Risch Sec. 401. General-use prepaid cards, gift certifi- is the friendships that have formed Durbin Lautenberg Roberts here, the hundreds of friendships that Enzi Leahy Sanders cates, and store gift cards. far surpassed the 11,000 votes. I thank Feingold Levin Schumer Sec. 402. Relation to State laws. all of my colleagues for their friend- Feinstein Lieberman Sessions Sec. 403. Effective date. Gillibrand Lincoln Shaheen TITLE V—MISCELLANEOUS PROVISIONS ship. Graham Lugar Shelby I can’t think of a better vote to cast Grassley Martinez Snowe Sec. 501. Study and report on interchange fees. for this 11,000th vote than a vote on the Gregg McCain Specter Sec. 502. Board review of consumer credit plans Hagan McCaskill Stabenow and regulations. bill shepherded through by my friend Harkin McConnell Tester Sec. 503. Stored value. CHRIS DODD. To me, this vote has tre- Hatch Menendez Udall (CO) Sec. 504 Procedure for timely settlement of es- mendous meaning—not only for the Hutchison Merkley Udall (NM) tates of decedent obligors. work that has gone into it in our sub- Inhofe Mikulski Vitter Sec. 505. Report to Congress on reductions of Inouye Murkowski Voinovich committee over the years, but to be Isakson Murray Warner consumer credit card limits based connected with a Dodd-Shelby vote, Johanns Nelson (NE) Webb on certain information as to expe- and Senator DODD’s incredible effort to Kaufman Nelson (FL) Whitehouse rience or transactions of the con- get this passed, makes this a special Kerry Pryor Wicker sumer. Klobuchar Reed Wyden Sec. 506. Board review of small business credit treat. NAYS—5 plans and recommendations. Thank you all very much. Sec. 507. Small business information security (Applause, Senators rising.) Alexander Johnson Thune task force. The PRESIDING OFFICER. Under Bennett Kyl Sec. 508. Study and report on emergency pin the previous order, the substitute NOT VOTING—4 technology. amendment, as amended, is agreed to. Byrd Kennedy Sec. 509. Study and report on the marketing of Ensign Rockefeller products with credit offers. The question is on the engrossment Sec. 510. Financial and economic literacy. of the amendment and third reading of The bill (H.R. 627), as amended, was Sec. 511. Federal trade commission rulemaking the bill. passed, as follows: on mortgage lending. The amendment was ordered to be H.R. 627 Sec. 512. Protecting Americans from violent engrossed and the bill to be read a Resolved, That the bill from the House of crime. third time. Representatives (H.R. 627) entitled ‘‘An Act Sec. 513. GAO study and report on fluency in The bill was read the third time. to amend the Truth in Lending Act to estab- the English language and finan- cial literacy. Mr. DODD. Madam President, I will lish fair and transparent practices relating reserve my remarks until after the to the extension of credit under an open end SEC. 2. REGULATORY AUTHORITY. The Board of Governors of the Federal Re- vote. I know my colleagues want to consumer credit plan, and for other pur- poses.’’, do pass with the following amend- serve System (in this Act referred to as the vote. I thank my colleagues—Senator ment: ‘‘Board’’) may issue such rules and publish such SHELBY, the leadership—for bringing us Strike all after the enacting clause and in- model forms as it considers necessary to carry to this moment. This is a very impor- sert the following: out this Act and the amendments made by this tant bill. We would not have gotten SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Act. here without a tremendous amount of (a) SHORT TITLE.—This Act may be cited as SEC. 3. EFFECTIVE DATE. cooperation. This is a good moment for the ‘‘Credit Card Accountability Responsibility This Act and the amendments made by this all the people in our country and a and Disclosure Act of 2009’’ or the ‘‘Credit Act shall become effective 9 months after the good moment for consumers. CARD Act of 2009’’. date of enactment of this Act, except as other- I ask for the yeas and nays. (b) TABLE OF CONTENTS.— wise specifically provided in this Act. The table of contents for this Act is as follows: The PRESIDING OFFICER. Is there a TITLE I—CONSUMER PROTECTION Sec. 1. Short title; table of contents. SEC. 101. PROTECTION OF CREDIT CARD- sufficient second? There is a sufficient Sec. 2. Regulatory authority. second. HOLDERS. Sec. 3. Effective date. (a) ADVANCE NOTICE OF RATE INCREASE AND The question is, Shall the bill pass? TITLE I—CONSUMER PROTECTION OTHER CHANGES REQUIRED.— The clerk will call the roll. Sec. 101. Protection of credit cardholders. (1) AMENDMENT TO TILA.—Section 127 of the The legislative clerk called the roll. Sec. 102. Limits on fees and interest charges. Truth in Lending Act (15 U.S.C. 1637) is amend- Mr. DURBIN. I announce that the Sec. 103. Use of terms clarified. ed by adding at the end the following: Senator from West Virginia (Mr. Sec. 104. Application of card payments. ‘‘(i) ADVANCE NOTICE OF RATE INCREASE AND BYRD), the Senator from Massachusetts Sec. 105. Standards applicable to initial OTHER CHANGES REQUIRED.— ‘‘(1) ADVANCE NOTICE OF INCREASE IN INTEREST (Mr. KENNEDY), and the Senator from issuance of subprime or ‘‘fee har- vester’’ cards. RATE REQUIRED.—In the case of any credit card West Virginia (Mr. ROCKEFELLER) are account under an open end consumer credit necessarily absent. Sec. 106. Rules regarding periodic statements. Sec. 107. Enhanced penalties. plan, a creditor shall provide a written notice of I further announce that, if present Sec. 108. Clerical amendments. an increase in an annual percentage rate (ex- and voting, the Senator from West Vir- Sec. 109. Consideration of Ability to repay. cept in the case of an increase described in ginia (Mr. ROCKEFELLER) would vote TITLE II—ENHANCED CONSUMER paragraph (1), (2), or (3) of section 171(b)) not ‘‘yea.’’ DISCLOSURES later than 45 days prior to the effective date of the increase. Mr. KYL. The following Senator is Sec. 201. Payoff timing disclosures. ‘‘(2) ADVANCE NOTICE OF OTHER SIGNIFICANT necessarily absent: the Senator from Sec. 202. Requirements relating to late payment CHANGES REQUIRED.—In the case of any credit Nevada (Mr. ENSIGN). deadlines and penalties. card account under an open end consumer cred- The PRESIDING OFFICER (Mr. Sec. 203. Renewal disclosures. it plan, a creditor shall provide a written notice REED). Are there any other Senators in Sec. 204. Internet posting of credit card agree- of any significant change, as determined by rule the Chamber desiring to vote? ments. of the Board, in the terms (including an in- Sec. 205. Prevention of deceptive marketing of crease in any fee or finance charge, other than The result was announced—yeas 90, credit reports. nays 5, as follows: as provided in paragraph (1)) of the cardholder TITLE III—PROTECTION OF YOUNG agreement between the creditor and the obligor, [Rollcall Vote No. 194 Leg.] CONSUMERS not later than 45 days prior to the effective date YEAS—90 Sec. 301. Extensions of credit to underage con- of the change. Akaka Brown Chambliss sumers. ‘‘(3) NOTICE OF RIGHT TO CANCEL.—Each no- Barrasso Brownback Coburn Sec. 302. Protection of young consumers from tice required by paragraph (1) or (2) shall be Baucus Bunning Cochran prescreened credit offers. made in a clear and conspicuous manner, and Bayh Burr Collins Sec. 303. Issuance of credit cards to certain col- shall contain a brief statement of the right of Begich Burris Conrad Bennet Cantwell Corker lege students. the obligor to cancel the account pursuant to Bingaman Cardin Cornyn Sec. 304. Privacy Protections for college stu- rules established by the Board before the effec- Bond Carper Crapo dents. tive date of the subject rate increase or other Boxer Casey DeMint Sec. 305. College Credit Card Agreements. change.

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‘‘(4) RULE OF CONSTRUCTION.—Closure or can- ‘‘(c) REPAYMENT OF OUTSTANDING BALANCE.— age rate, fee, or finance charge on any credit cellation of an account by the obligor shall not ‘‘(1) IN GENERAL.—The creditor shall not card account under an open end consumer cred- constitute a default under an existing card- change the terms governing the repayment of it plan shall be effective before the end of the 1- holder agreement, and shall not trigger an obli- any outstanding balance, except that the cred- year period beginning on the date on which the gation to immediately repay the obligation in itor may provide the obligor with one of the account is opened. full or through a method that is less beneficial methods described in paragraph (2) of repaying ‘‘(b) PROMOTIONAL RATE MINIMUM TERM.—No to the obligor than one of the methods described any outstanding balance, or a method that is no increase in any annual percentage rate applica- in section 171(c)(2), or the imposition of any less beneficial to the obligor than one of those ble to a credit card account under an open end other penalty or fee.’’. methods. consumer credit plan that is a promotional rate (2) EFFECTIVE DATE.—Notwithstanding section ‘‘(2) METHODS.—The methods described in this (as that term is defined by the Board) shall be 3, section 127(i) of the Truth in Lending Act, as paragraph are— effective before the end of the 6-month period added by this subsection, shall become effective ‘‘(A) an amortization period of not less than 5 beginning on the date on which the promotional 90 days after the date of enactment of this Act. years, beginning on the effective date of the in- rate takes effect, subject to such reasonable ex- (b) RETROACTIVE INCREASE AND UNIVERSAL crease set forth in the notice required under sec- ceptions as the Board may establish, by rule.’’. DEFAULT PROHIBITED.—Chapter 4 of the Truth tion 127(i); or (e) CLERICAL AMENDMENT.—The table of sec- in Lending Act (15 U.S.C. 1666 et seq.) is amend- ‘‘(B) a required minimum periodic payment tions for chapter 4 of the Truth in Lending Act ed— that includes a percentage of the outstanding is amended by striking the item relating to sec- (1) by redesignating section 171 as section 173; balance that is equal to not more than twice the tion 171 and inserting the following: and percentage required before the effective date of ‘‘171. Limits on interest rate, fee, and finance (2) by inserting after section 170 the following: the increase set forth in the notice required charge increases applicable to ‘‘SEC. 171. LIMITS ON INTEREST RATE, FEE, AND under section 127(i). outstanding balances. FINANCE CHARGE INCREASES APPLI- ‘‘(d) OUTSTANDING BALANCE DEFINED.—For ‘‘172. Additional limits on interest rate in- CABLE TO OUTSTANDING BALANCES. purposes of this section, the term ‘outstanding creases. ‘‘(a) IN GENERAL.—In the case of any credit balance’ means the amount owed on a credit ‘‘173. Applicability of State laws.’’. card account under an open end consumer cred- card account under an open end consumer cred- SEC. 102. LIMITS ON FEES AND INTEREST it plan, no creditor may increase any annual it plan as of the end of the 14th day after the CHARGES. percentage rate, fee, or finance charge applica- date on which the creditor provides notice of an (a) IN GENERAL.—Section 127 of the Truth in ble to any outstanding balance, except as per- increase in the annual percentage rate, fee, or Lending Act (15 U.S.C. 1637) is amended by add- mitted under subsection (b). finance charge in accordance with section ing at the end the following: ‘‘(b) EXCEPTIONS.—The prohibition under sub- 127(i).’’. ‘‘(j) PROHIBITION ON PENALTIES FOR ON-TIME section (a) shall not apply to— (c) INTEREST RATE REDUCTION ON OPEN END PAYMENTS.— ‘‘(1) an increase in an annual percentage rate CONSUMER CREDIT PLANS.—Chapter 3 of the ‘‘(1) PROHIBITION ON DOUBLE-CYCLE BILLING upon the expiration of a specified period of time, Truth in Lending Act (15 U.S.C. 1661 et seq.) is AND PENALTIES FOR ON-TIME PAYMENTS.—Except provided that— amended by adding at the end the following: as provided in paragraph (2), a creditor may not ‘‘(A) prior to commencement of that period, ‘‘SEC. 148. INTEREST RATE REDUCTION ON OPEN impose any finance charge on a credit card ac- the creditor disclosed to the consumer, in a clear END CONSUMER CREDIT PLANS. count under an open end consumer credit plan and conspicuous manner, the length of the pe- ‘‘(a) IN GENERAL.—If a creditor increases the as a result of the loss of any time period pro- riod and the annual percentage rate that would annual percentage rate applicable to a credit vided by the creditor within which the obligor apply after expiration of the period; card account under an open end consumer cred- may repay any portion of the credit extended ‘‘(B) the increased annual percentage rate it plan, based on factors including the credit without incurring a finance charge, with re- does not exceed the rate disclosed pursuant to risk of the obligor, market conditions, or other spect to— subparagraph (A); and factors, the creditor shall consider changes in ‘‘(A) any balances for days in billing cycles ‘‘(C) the increased annual percentage rate is such factors in subsequently determining wheth- that precede the most recent billing cycle; or not applied to transactions that occurred prior er to reduce the annual percentage rate for such ‘‘(B) any balances or portions thereof in the to commencement of the period; obligor. current billing cycle that were repaid within ‘‘(2) an increase in a variable annual percent- ‘‘(b) REQUIREMENTS.—With respect to any such time period. age rate in accordance with a credit card agree- credit card account under an open end con- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ment that provides for changes in the rate ac- sumer credit plan, the creditor shall— apply to— cording to operation of an index that is not ‘‘(1) maintain reasonable methodologies for ‘‘(A) any adjustment to a finance charge as a under the control of the creditor and is avail- assessing the factors described in subsection (a); result of the resolution of a dispute; or able to the general public; ‘‘(2) not less frequently than once every 6 ‘‘(B) any adjustment to a finance charge as a ‘‘(3) an increase due to the completion of a months, review accounts as to which the annual result of the return of a payment for insufficient workout or temporary hardship arrangement by percentage rate has been increased since Janu- funds. the obligor or the failure of the obligor to com- ary 1, 2009, to assess whether such factors have ‘‘(k) OPT-IN REQUIRED FOR OVER-THE-LIMIT ply with the terms of a workout or temporary changed (including whether any risk has de- TRANSACTIONS IF FEES ARE IMPOSED.— hardship arrangement, provided that— clined); ‘‘(1) IN GENERAL.—In the case of any credit ‘‘(A) the annual percentage rate, fee, or fi- ‘‘(3) reduce the annual percentage rate pre- card account under an open end consumer cred- nance charge applicable to a category of trans- viously increased when a reduction is indicated it plan under which an over-the-limit fee may be actions following any such increase does not ex- by the review; and imposed by the creditor for any extension of ceed the rate, fee, or finance charge that applied ‘‘(4) in the event of an increase in the annual credit in excess of the amount of credit author- to that category of transactions prior to com- percentage rate, provide in the written notice re- ized to be extended under such account, no such mencement of the arrangement; and quired under section 127(i) a statement of the fee shall be charged, unless the consumer has ‘‘(B) the creditor has provided the obligor, reasons for the increase. expressly elected to permit the creditor, with re- prior to the commencement of such arrange- ‘‘(c) RULE OF CONSTRUCTION.—This section spect to such account, to complete transactions ment, with clear and conspicuous disclosure of shall not be construed to require a reduction in involving the extension of credit under such ac- the terms of the arrangement (including any in- any specific amount. count in excess of the amount of credit author- creases due to such completion or failure); or ‘‘(d) RULEMAKING.—The Board shall issue ized. ‘‘(4) an increase due solely to the fact that a final rules not later than 9 months after the ‘‘(2) DISCLOSURE BY CREDITOR.—No election minimum payment by the obligor has not been date of enactment of this section to implement by a consumer under paragraph (1) shall take received by the creditor within 60 days after the the requirements of and evaluate compliance effect unless the consumer, before making such due date for such payment, provided that the with this section, and subsections (a), (b), and election, received a notice from the creditor of creditor shall— (c) shall become effective 15 months after that any over-the-limit fee in the form and manner, ‘‘(A) include, together with the notice of such date of enactment.’’. and at the time, determined by the Board. If the increase required under section 127(i), a clear (d) INTRODUCTORY AND PROMOTIONAL consumer makes the election referred to in para- and conspicuous written statement of the reason RATES.—Chapter 4 of the Truth in Lending Act graph (1), the creditor shall provide notice to for the increase and that the increase will termi- (15 U.S.C. 1666 et seq.) is amended by inserting the consumer of the right to revoke the election, nate not later than 6 months after the date on after section 171, as amended by this Act, the in the form prescribed by the Board, in any which it is imposed, if the creditor receives the following: periodic statement that includes notice of the required minimum payments on time from the ‘‘SEC. 172. ADDITIONAL LIMITS ON INTEREST imposition of an over-the-limit fee during the obligor during that period; and RATE INCREASES. period covered by the statement. ‘‘(B) terminate such increase not later than 6 ‘‘(a) LIMITATION ON INCREASES WITHIN FIRST ‘‘(3) FORM OF ELECTION.—A consumer may months after the date on which it is imposed, if YEAR.—Except in the case of an increase de- make or revoke the election referred to in para- the creditor receives the required minimum pay- scribed in paragraph (1), (2), (3), or (4) of sec- graph (1) orally, electronically, or in writing, ments on time during that period. tion 171(b), no increase in any annual percent- pursuant to regulations prescribed by the

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12835 Board. The Board shall prescribe regulations to ‘‘(3) the conduct of the cardholder; and nance charge for a late payment on the credit ensure that the same options are available for ‘‘(4) such other factors as the Board may deem card account to which such payment was cred- both making and revoking such election. necessary or appropriate. ited.’’. ‘‘(4) TIME OF ELECTION.—A consumer may ‘‘(d) DIFFERENTIATION PERMITTED.—In SEC. 105. STANDARDS APPLICABLE TO INITIAL make the election referred to in paragraph (1) at issuing rules required by this subsection, the ISSUANCE OF SUBPRIME OR ‘‘FEE any time, and such election shall be effective Board may establish different standards for dif- HARVESTER’’ CARDS. until the election is revoked in the manner pre- ferent types of fees and charges, as appropriate. Section 127 of the Truth in Lending Act (15 scribed under paragraph (3). ‘‘(e) SAFE HARBOR RULE AUTHORIZED.—The U.S.C. 1637), as amended by this Act, is amend- ‘‘(5) REGULATIONS.—The Board shall prescribe Board, in consultation with the Comptroller of ed by adding at the end the following new sub- regulations— the Currency, the Board of Directors of the Fed- section: ‘‘(A) governing disclosures under this sub- eral Deposit Insurance Corporation, the Direc- ‘‘(n) STANDARDS APPLICABLE TO INITIAL section; and tor of the Office of Thrift Supervision, and the ISSUANCE OF SUBPRIME OR ‘FEE HARVESTER’ ‘‘(B) that prevent unfair or deceptive acts or National Credit Union Administration Board, CARDS.— practices in connection with the manipulation may issue rules to provide an amount for any ‘‘(1) IN GENERAL.—If the terms of a credit card of credit limits designed to increase over-the- penalty fee or charge described under subsection account under an open end consumer credit limit fees or other penalty fees. (a) that is presumed to be reasonable and pro- plan require the payment of any fees (other ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this portional to the omission or violation to which than any late fee, over-the-limit fee, or fee for a subsection shall be construed to prohibit a cred- the fee or charge relates.’’. payment returned for insufficient funds) by the itor from completing an over-the-limit trans- (2) CLERICAL AMENDMENTS.—Chapter 3 of the consumer in the first year during which the ac- action, provided that a consumer who has not Truth in Lending Act (15 U.S.C. 1661 et seq.) is count is opened in an aggregate amount in ex- made a valid election under paragraph (1) is not amended— cess of 25 percent of the total amount of credit charged an over-the-limit fee for such trans- (A) in the chapter heading, by inserting authorized under the account when the account action. ‘‘AND LIMITS ON CREDIT CARD FEES’’ after is opened, no payment of any fees (other than ‘‘(7) RESTRICTION ON FEES CHARGED FOR AN ‘‘ADVERTISING’’; and any late fee, over-the-limit fee, or fee for a pay- OVER-THE-LIMIT TRANSACTION.—With respect to (B) in the table of sections for the chapter, by ment returned for insufficient funds) may be a credit card account under an open end con- adding at the end the following: made from the credit made available under the sumer credit plan, an over-the-limit fee may be terms of the account. ‘‘148. Interest rate reduction on open end con- imposed only once during a billing cycle if the ‘‘(2) RULE OF CONSTRUCTION.—No provision of credit limit on the account is exceeded, and an sumer credit plans. this subsection may be construed as authorizing over-the-limit fee, with respect to such excess ‘‘149. Reasonable penalty fees on open end con- any imposition or payment of advance fees oth- credit, may be imposed only once in each of the sumer credit plans.’’. erwise prohibited by any provision of law.’’. 2 subsequent billing cycles, unless the consumer SEC. 103. USE OF TERMS CLARIFIED. SEC. 106. RULES REGARDING PERIODIC STATE- has obtained an additional extension of credit Section 127 of the Truth in Lending Act (15 MENTS. in excess of such credit limit during any such U.S.C. 1637) is amended by adding at the end (a) IN GENERAL.—Section 127 of the Truth in subsequent cycle or the consumer reduces the the following: Lending Act (15 U.S.C. 1637) is amended by add- outstanding balance below the credit limit as of ‘‘(m) USE OF TERM ‘FIXED RATE’.—With re- ing at the end the following: the end of such billing cycle. spect to the terms of any credit card account ‘‘(o) DUE DATES FOR CREDIT CARD AC- ‘‘(l) LIMIT ON FEES RELATED TO METHOD OF under an open end consumer credit plan, the COUNTS.— PAYMENT.—With respect to a credit card ac- term ‘fixed’, when appearing in conjunction ‘‘(1) IN GENERAL.—The payment due date for count under an open end consumer credit plan, with a reference to the annual percentage rate a credit card account under an open end con- the creditor may not impose a separate fee to or interest rate applicable with respect to such sumer credit plan shall be the same day each allow the obligor to repay an extension of credit account, may only be used to refer to an annual month. or finance charge, whether such repayment is percentage rate or interest rate that will not ‘‘(2) WEEKEND OR HOLIDAY DUE DATES.—If the made by mail, electronic transfer, telephone au- change or vary for any reason over the period payment due date for a credit card account thorization, or other means, unless such pay- specified clearly and conspicuously in the terms under an open end consumer credit plan is a ment involves an expedited service by a service of the account.’’. day on which the creditor does not receive or representative of the creditor.’’. SEC. 104. APPLICATION OF CARD PAYMENTS. accept payments by mail (including weekends (b) REASONABLE PENALTY FEES.— Section 164 of the Truth in Lending Act (15 and holidays), the creditor may not treat a pay- (1) IN GENERAL.—Chapter 3 of the Truth in U.S.C. 1666c) is amended— ment received on the next business day as late Lending Act (15 U.S.C. 1661 et seq.), as amended (1) by striking the section heading and all for any purpose.’’. by this Act, is amended by adding at the end the that follows through ‘‘Payments’’ and inserting (b) LENGTH OF BILLING PERIOD.— (1) IN GENERAL.—Section 163 of the Truth in following: the following: Lending Act (15 U.S.C. 1666b) is amended to ‘‘SEC. 149. REASONABLE PENALTY FEES ON OPEN ‘‘§ 164. Prompt and fair crediting of payments END CONSUMER CREDIT PLANS. read as follows: ‘‘(a) IN GENERAL.—The amount of any pen- ‘‘(a) IN GENERAL.—Payments’’; ‘‘SEC. 163. TIMING OF PAYMENTS. alty fee or charge that a card issuer may impose (2) by inserting ‘‘, by 5:00 p.m. on the date on ‘‘(a) TIME TO MAKE PAYMENTS.—A creditor with respect to a credit card account under an which such payment is due,’’ after ‘‘in readily may not treat a payment on an open end con- open end consumer credit plan in connection identifiable form’’; sumer credit plan as late for any purpose, unless with any omission with respect to, or violation (3) by striking ‘‘manner, location, and time’’ the creditor has adopted reasonable procedures of, the cardholder agreement, including any late and inserting ‘‘manner, and location’’; and designed to ensure that each periodic statement payment fee, over-the-limit fee, or any other (4) by adding at the end the following: including the information required by section penalty fee or charge, shall be reasonable and ‘‘(b) APPLICATION OF PAYMENTS.— 127(b) is mailed or delivered to the consumer not proportional to such omission or violation. ‘‘(1) IN GENERAL.—Upon receipt of a payment later than 21 days before the payment due date. ‘‘(b) RULEMAKING REQUIRED.—The Board, in from a cardholder, the card issuer shall apply ‘‘(b) GRACE PERIOD.—If an open end con- consultation with the Comptroller of the Cur- amounts in excess of the minimum payment sumer credit plan provides a time period within rency, the Board of Directors of the Federal De- amount first to the card balance bearing the which an obligor may repay any portion of the posit Insurance Corporation, the Director of the highest rate of interest, and then to each succes- credit extended without incurring an additional Office of Thrift Supervision, and the National sive balance bearing the next highest rate of in- finance charge, such additional finance charge Credit Union Administration Board, shall issue terest, until the payment is exhausted. may not be imposed with respect to such portion final rules not later than 9 months after the ‘‘(2) CLARIFICATION RELATING TO CERTAIN DE- of the credit extended for the billing cycle of date of enactment of this section, to establish FERRED INTEREST ARRANGEMENTS.—A creditor which such period is a part, unless a statement standards for assessing whether the amount of shall allocate the entire amount paid by the which includes the amount upon which the fi- any penalty fee or charge described under sub- consumer in excess of the minimum payment nance charge for the period is based was mailed section (a) is reasonable and proportional to the amount to a balance on which interest is de- or delivered to the consumer not later than 21 omission or violation to which the fee or charge ferred during the last 2 billing cycles imme- days before the date specified in the statement relates. Subsection (a) shall become effective 15 diately preceding the expiration of the period by which payment must be made in order to months after the date of enactment of this sec- during which interest is deferred. avoid imposition of that finance charge.’’. tion. ‘‘(c) CHANGES BY CARD ISSUER.—If a card (2) EFFECTIVE DATE.—Notwithstanding section ‘‘(c) CONSIDERATIONS.—In issuing rules re- issuer makes a material change in the mailing 3, section 163 of the Truth in Lending Act, as quired by this section, the Board shall con- address, office, or procedures for handling card- amended by this subsection, shall become effec- sider— holder payments, and such change causes a ma- tive 90 days after the date of enactment of this ‘‘(1) the cost incurred by the creditor from terial delay in the crediting of a cardholder pay- Act. such omission or violation; ment made during the 60-day period following (c) CLERICAL AMENDMENTS.—The table of sec- ‘‘(2) the deterrence of such omission or viola- the date on which such change took effect, the tions for chapter 4 of the Truth in Lending Act tion by the cardholder; card issuer may not impose any late fee or fi- is amended—

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12836 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009

(1) by striking the item relating to section 163 payments, of paying that balance in full if the (2) APPROVED AGENCIES.—Guidelines issued and inserting the following: consumer pays the balance over 36 months; and under this subsection shall ensure that referrals ‘‘163. Timing of payments.’’; and ‘‘(iv) a toll-free telephone number at which provided by the toll-free number referred to in the consumer may receive information about ac- paragraph (1) include only those nonprofit (2) by striking the item relating to section 171 cessing credit counseling and debt management budget and credit counseling agencies approved and inserting the following: services. by a United States bankruptcy trustee pursuant ‘‘171. Universal defaults prohibited. ‘‘(C)(i) Subject to clause (ii), in making the to section 111(a) of title 11, United States Code. ‘‘172. Unilateral changes in credit card agree- disclosures under subparagraph (B), the creditor SEC. 202. REQUIREMENTS RELATING TO LATE ment prohibited. shall apply the interest rate or rates in effect on PAYMENT DEADLINES AND PEN- ‘‘173. Applicability of State laws.’’. the date on which the disclosure is made until ALTIES. SEC. 107. ENHANCED PENALTIES. the date on which the balance would be paid in Section 127(b)(12) of the Truth in Lending Act Section 130(a)(2)(A) of the Truth in Lending full. (15 U.S.C. 1637(b)(12)) is amended to read as fol- Act (15 U.S.C. 1640(a)(2)(A)) is amended by ‘‘(ii) If the interest rate in effect on the date lows: striking ‘‘or (iii) in the’’ and inserting the fol- on which the disclosure is made is a temporary ‘‘(12) REQUIREMENTS RELATING TO LATE PAY- lowing: ‘‘(iii) in the case of an individual action rate that will change under a contractual provi- MENT DEADLINES AND PENALTIES.— relating to an open end consumer credit plan sion applying an index or formula for subse- ‘‘(A) LATE PAYMENT DEADLINE REQUIRED TO that is not secured by real property or a dwell- quent interest rate adjustment, the creditor shall BE DISCLOSED.—In the case of a credit card ac- ing, twice the amount of any finance charge in apply the interest rate in effect on the date on count under an open end consumer credit plan connection with the transaction, with a min- which the disclosure is made for as long as that under which a late fee or charge may be im- imum of $500 and a maximum of $5,000, or such interest rate will apply under that contractual posed due to the failure of the obligor to make higher amount as may be appropriate in the provision, and then apply an interest rate based payment on or before the due date for such pay- case of an established pattern or practice of on the index or formula in effect on the applica- ment, the periodic statement required under sub- such failures; or (iv) in the’’. ble billing date. section (b) with respect to the account shall in- SEC. 108. CLERICAL AMENDMENTS. ‘‘(D) All of the information described in sub- clude, in a conspicuous location on the billing Section 103(i) of the Truth in Lending Act (15 paragraph (B) shall— statement, the date on which the payment is due U.S.C. 1602(i)) is amended— ‘‘(i) be disclosed in the form and manner or, if different, the date on which a late pay- (1) by striking ‘‘term’’ and all that follows which the Board shall prescribe, by regulation, ment fee will be charged, together with the through ‘‘means’’ and inserting the following: and in a manner that avoids duplication; and amount of the fee or charge to be imposed if ‘‘terms ‘open end credit plan’ and ‘open end ‘‘(ii) be placed in a conspicuous and promi- payment is made after that date. ISCLOSURE OF INCREASE IN INTEREST consumer credit plan’ mean’’; and nent location on the billing statement. ‘‘(B) D (2) in the second sentence, by inserting ‘‘or ‘‘(E) In the regulations prescribed under sub- RATES FOR LATE PAYMENTS.—If 1 or more late open end consumer credit plan’’ after ‘‘credit paragraph (D), the Board shall require that the payments under an open end consumer credit plan’’ each place that term appears. disclosure of such information shall be in the plan may result in an increase in the annual form of a table that— percentage rate applicable to the account, the SEC. 109. CONSIDERATION OF ABILITY TO REPAY. ‘‘(i) contains clear and concise headings for statement required under subsection (b) with re- (a) IN GENERAL.—Chapter 3 of the Truth in each item of such information; and spect to the account shall include conspicuous Lending Act (15 U.S.C. 1666 et seq.), as amended ‘‘(ii) provides a clear and concise form stating notice of such fact, together with the applicable by this title, is amended by adding at the end each item of information required to be disclosed penalty annual percentage rate, in close prox- the following: under each such heading. imity to the disclosure required under subpara- ‘‘SEC. 150. CONSIDERATION OF ABILITY TO ‘‘(F) In prescribing the form of the table under graph (A) of the date on which payment is due REPAY. subparagraph (E), the Board shall require under the terms of the account. ‘‘A card issuer may not open any credit card that— ‘‘(C) PAYMENTS AT LOCAL BRANCHES.—If the account for any consumer under an open end ‘‘(i) all of the information in the table, and creditor, in the case of a credit card account re- consumer credit plan, or increase any credit not just a reference to the table, be placed on ferred to in subparagraph (A), is a financial in- limit applicable to such account, unless the card the billing statement, as required by this para- stitution which maintains branches or offices at issuer considers the ability of the consumer to graph; and which payments on any such account are ac- make the required payments under the terms of ‘‘(ii) the items required to be included in the cepted from the obligor in person, the date on such account.’’. table shall be listed in the order in which such which the obligor makes a payment on the ac- (b) CLERICAL AMENDMENT.—Chapter 3 of the items are set forth in subparagraph (B). count at such branch or office shall be consid- Truth in Lending Act (15 U.S.C. 1661 et seq.) is ‘‘(G) In prescribing the form of the table ered to be the date on which the payment is amended in the table of sections for the chapter, under subparagraph (D), the Board shall em- made for purposes of determining whether a late by adding at the end the following: ploy terminology which is different than the ter- fee or charge may be imposed due to the failure ‘‘150. Consideration of ability to repay.’’. minology which is employed in subparagraph of the obligor to make payment on or before the (B), if such terminology is more easily under- due date for such payment.’’. TITLE II—ENHANCED CONSUMER stood and conveys substantially the same mean- DISCLOSURES SEC. 203. RENEWAL DISCLOSURES. ing.’’. Section 127(d) of the Truth in Lending Act (15 SEC. 201. PAYOFF TIMING DISCLOSURES. (b) CIVIL LIABILITY.—Section 130(a) of the U.S.C. 1637(d)) is amended— (a) IN GENERAL.—Section 127(b)(11) of the Truth in Lending Act (15 U.S.C. 1640(a)) is (1) by striking paragraph (2); Truth in Lending Act (15 U.S.C. 1637(b)(11)) is amended, in the undesignated paragraph fol- (2) by redesignating paragraph (3) as para- amended to read as follows: lowing paragraph (4), by striking the second graph (2); and ‘‘(11)(A) A written statement in the following sentence and inserting the following: ‘‘In con- (3) in paragraph (1), by striking ‘‘Except as form: ‘Minimum Payment Warning: Making nection with the disclosures referred to in sub- provided in paragraph (2), a card issuer’’ and only the minimum payment will increase the sections (a) and (b) of section 127, a creditor inserting the following: ‘‘A card issuer that has amount of interest you pay and the time it takes shall have a liability determined under para- changed or amended any term of the account to repay your balance.’, or such similar state- graph (2) only for failing to comply with the re- since the last renewal that has not been pre- ment as is established by the Board pursuant to quirements of section 125, 127(a), or any of para- viously disclosed or’’. consumer testing. graphs (4) through (13) of section 127(b), or for SEC. 204. INTERNET POSTING OF CREDIT CARD ‘‘(B) Repayment information that would failing to comply with disclosure requirements AGREEMENTS. apply to the outstanding balance of the con- under State law for any term or item that the (a) IN GENERAL.—Section 122 of the Truth and sumer under the credit plan, including— Board has determined to be substantially the Lending Act (15 U.S.C. 1632) is amended by add- ‘‘(i) the number of months (rounded to the same in meaning under section 111(a)(2) as any ing at the end the following new subsection: nearest month) that it would take to pay the en- of the terms or items referred to in section ‘‘(d) ADDITIONAL ELECTRONIC DISCLOSURES.— tire amount of that balance, if the consumer 127(a), or any of paragraphs (4) through (13) of ‘‘(1) POSTING AGREEMENTS.—Each creditor pays only the required minimum monthly pay- section 127(b).’’. shall establish and maintain an Internet site on ments and if no further advances are made; (c) GUIDELINES REQUIRED.— which the creditor shall post the written agree- ‘‘(ii) the total cost to the consumer, including (1) IN GENERAL.—Not later than 6 months ment between the creditor and the consumer for interest and principal payments, of paying that after the date of enactment of this Act, the each credit card account under an open-end balance in full, if the consumer pays only the Board shall issue guidelines, by rule, in con- consumer credit plan. required minimum monthly payments and if no sultation with the Secretary of the Treasury, for ‘‘(2) CREDITOR TO PROVIDE CONTRACTS TO THE further advances are made; the establishment and maintenance by creditors BOARD.—Each creditor shall provide to the ‘‘(iii) the monthly payment amount that of a toll-free telephone number for purposes of Board, in electronic format, the consumer credit would be required for the consumer to eliminate providing information about accessing credit card agreements that it publishes on its Internet the outstanding balance in 36 months, if no fur- counseling and debt management services, as re- site. ther advances are made, and the total cost to quired under section 127(b)(11)(B)(iv) of the ‘‘(3) RECORD REPOSITORY.—The Board shall the consumer, including interest and principal Truth in Lending Act, as added by this section. establish and maintain on its publicly available

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00012 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12837 Internet site a central repository of the con- credit plan established by or on behalf of, a con- ‘‘(C) at an event sponsored by or related to an sumer credit card agreements received from sumer who has not attained the age of 21, unless institution of higher education. creditors pursuant to this subsection, and such the consumer has submitted a written applica- ‘‘(3) SENSE OF THE CONGRESS.—It is the sense agreements shall be easily accessible and retriev- tion to the card issuer that meets the require- of the Congress that each institution of higher able by the public. ments of subparagraph (B). education should consider adopting the fol- ‘‘(4) EXCEPTION.—This subsection shall not ‘‘(B) APPLICATION REQUIREMENTS.—An appli- lowing policies relating to credit cards: apply to individually negotiated changes to con- cation to open a credit card account by a con- ‘‘(A) That any card issuer that markets a tractual terms, such as individually modified sumer who has not attained the age of 21 as of credit card on the campus of such institution workouts or renegotiations of amounts owed by the date of submission of the application shall notify the institution of the location at which a consumer under an open end consumer credit require— such marketing will take place. plan. ‘‘(i) the signature of a cosigner, including the ‘‘(B) That the number of locations on the ‘‘(5) REGULATIONS.—The Board, in consulta- parent, legal guardian, spouse, or any other in- campus of such institution at which the mar- tion with the other Federal banking agencies (as dividual who has attained the age of 21 having keting of credit cards takes place be limited. that term is defined in section 603) and the Fed- a means to repay debts incurred by the con- ‘‘(C) That credit card and debt education and eral Trade Commission, may promulgate regula- sumer in connection with the account, indi- counseling sessions be offered as a regular part tions to implement this subsection, including cating joint liability for debts incurred by the of any orientation program for new students of specifying the format for posting the agreements consumer in connection with the account before such institution.’’. on the Internet sites of creditors and estab- the consumer has attained the age of 21; or SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. lishing exceptions to paragraphs (1) and (2), in ‘‘(ii) submission by the consumer of financial (a) IN GENERAL.—Section 127 of the Truth in any case in which the administrative burden information, including through an application, Lending Act (15 U.S.C. 1637), as otherwise outweighs the benefit of increased transparency, indicating an independent means of repaying amended by this Act, is amended by adding at such as where a credit card plan has a de mini- any obligation arising from the proposed exten- the end the following: mis number of consumer account holders.’’. sion of credit in connection with the account. ‘‘(r) COLLEGE CARD AGREEMENTS.— SEC. 205. PREVENTION OF DECEPTIVE MAR- ‘‘(C) SAFE HARBOR.—The Board shall promul- ‘‘(1) DEFINITIONS.—For purposes of this sub- KETING OF CREDIT REPORTS. gate regulations providing standards that, if section, the following definitions shall apply: (a) PREVENTING DECEPTIVE MARKETING.—Sec- met, would satisfy the requirements of subpara- ‘‘(A) COLLEGE AFFINITY CARD.—The term ‘col- tion 612 of the Fair Credit Reporting Act (15 graph (B)(ii).’’. lege affinity card’ means a credit card issued by U.S.C. 1681j) is amended by adding at the end SEC. 302. PROTECTION OF YOUNG CONSUMERS a credit card issuer under an open end consumer the following: FROM PRESCREENED CREDIT OF- credit plan in conjunction with an agreement ‘‘(g) PREVENTION OF DECEPTIVE MARKETING FERS. between the issuer and an institution of higher OF CREDIT REPORTS.— Section 604(c)(1)(B) of the Fair Credit Report- education, or an alumni organization or foun- ‘‘(1) IN GENERAL.—Subject to rulemaking pur- ing Act (15 U.S.C. 1681b(c)(1)(B)) is amended— dation affiliated with or related to such institu- suant to section 205(b) of the Credit CARD Act (1) in clause (ii), by striking ‘‘and’’ at the end; of 2009, any advertisement for a free credit re- tion, under which such cards are issued to col- and lege students who have an affinity with such in- port in any medium shall prominently disclose (2) in clause (iii), by striking the period at the in such advertisement that free credit reports stitution, organization and— end and inserting the following: ‘‘; and ‘‘(i) the creditor has agreed to donate a por- are available under Federal law at: ‘‘(iv) the consumer report does not contain a ‘AnnualCreditReport.com’ (or such other source tion of the proceeds of the credit card to the in- date of birth that shows that the consumer has stitution, organization, or foundation (including as may be authorized under Federal law). not attained the age of 21, or, if the date of ‘‘(2) TELEVISION AND RADIO ADVERTISEMENT.— a lump sum or 1-time payment of money for ac- birth on the consumer report shows that the cess); In the case of an advertisement broadcast by tel- consumer has not attained the age of 21, such evision, the disclosures required under para- ‘‘(ii) the creditor has agreed to offer dis- consumer consents to the consumer reporting counted terms to the consumer; or graph (1) shall be included in the audio and vis- agency to such furnishing.’’. ual part of such advertisement. In the case of ‘‘(iii) the credit card bears the name, emblem, an advertisement broadcast by televison or SEC. 303. ISSUANCE OF CREDIT CARDS TO CER- mascot, or logo of such institution, organiza- TAIN COLLEGE STUDENTS. radio, the disclosure required under paragraph tion, or foundation, or other words, pictures, or Section 127 of the Truth in Lending Act (15 (1) shall consist only of the following: ‘This is symbols readily identified with such institution, U.S.C. 1637) is amended by adding at the end not the free credit report provided for by Federal organization, or foundation. the following new subsection: law’.’’. ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- ‘‘(p) PARENTAL APPROVAL REQUIRED TO IN- (b) RULEMAKING.— COUNT.—The term ‘college student credit card (1) IN GENERAL.—Not later than 9 months CREASE CREDIT LINES FOR ACCOUNTS FOR WHICH account’ means a credit card account under an after the date of enactment of this Act, the Fed- PARENT IS JOINTLY LIABLE.—No increase may be open end consumer credit plan established or eral Trade Commission shall issue a final rule to made in the amount of credit authorized to be maintained for or on behalf of any college stu- carry out this section. extended under a credit card account for which dent. (2) CONTENT.—The rule required by this sub- a parent, legal guardian, or spouse of the con- ‘‘(C) COLLEGE STUDENT.—The term ‘college section— sumer, or any other individual has assumed student’ means an individual who is a full-time (A) shall include specific wording to be used joint liability for debts incurred by the consumer or a part-time student attending an institution in advertisements in accordance with this sec- in connection with the account before the con- of higher education. tion; and sumer attains the age of 21, unless that parent, ‘‘(D) INSTITUTION OF HIGHER EDUCATION.—The (B) for advertisements on the Internet, shall guardian, or spouse approves in writing, and term ‘institution of higher education’ has the include whether the disclosure required under assumes joint liability for, such increase.’’. same meaning as in section 101 and 102 of the section 612(g)(1) of the Fair Credit Reporting SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE Higher Education Act of 1965 (20 U.S.C. 1001 Act (as added by this section) shall appear on STUDENTS. and 1002). the advertisement or the website on which the Section 140 of the Truth in Lending Act (15 ‘‘(2) REPORTS BY CREDITORS.— free credit report is made available. U.S.C. 1650) is amended by adding at the end ‘‘(A) IN GENERAL.—Each creditor shall submit (3) INTERIM DISCLOSURES.—If an advertise- the following: an annual report to the Board containing the ment subject to section 612(g) of the Fair Credit ‘‘(f) CREDIT CARD PROTECTIONS FOR COLLEGE terms and conditions of all business, marketing, Reporting Act, as added by this section, is made STUDENTS.— and promotional agreements and college affinity public after the 9-month deadline specified in ‘‘(1) DISCLOSURE REQUIRED.—An institution of card agreements with an institution of higher paragraph (1), but before the rule required by higher education shall publicly disclose any education, or an alumni organization or foun- paragraph (1) is finalized, such advertisement contract or other agreement made with a card dation affiliated with or related to such institu- shall include the disclosure: ‘‘Free credit reports issuer or creditor for the purpose of marketing a tion, with respect to any college student credit are available under Federal law at: credit card. card issued to a college student at such institu- ‘AnnualCreditReport.com’.’’. ‘‘(2) INDUCEMENTS PROHIBITED.—No card tion. TITLE III—PROTECTION OF YOUNG issuer or creditor may offer to a student at an ‘‘(B) DETAILS OF REPORT.—The information CONSUMERS institution of higher education any tangible required to be reported under subparagraph (A) SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE item to induce such student to apply for or par- includes— CONSUMERS. ticipate in an open end consumer credit plan of- ‘‘(i) any memorandum of understanding be- Section 127(c) of the Truth in Lending Act (15 fered by such card issuer or creditor, if such tween or among a creditor, an institution of U.S.C. 1637(c)) is amended by adding at the end offer is made— higher education, an alumni association, or the following: ‘‘(A) on the campus of an institution of higher foundation that directly or indirectly relates to ‘‘(8) APPLICATIONS FROM UNDERAGE CON- education; any aspect of any agreement referred to in such SUMERS.— ‘‘(B) near the campus of an institution of subparagraph or controls or directs any obliga- ‘‘(A) PROHIBITION ON ISSUANCE.—No credit higher education, as determined by rule of the tions or distribution of benefits between or card may be issued to, or open end consumer Board; or among any such entities;

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00013 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12838 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(ii) the amount of any payments from the ‘‘(i) redeemable at a single merchant or an af- ‘‘(iii) how often such fee or charge may be as- creditor to the institution, organization, or filiated group of merchants that share the same sessed; and foundation during the period covered by the re- name, mark, or logo; ‘‘(iv) that such fee or charge may be assessed port, and the precise terms of any agreement ‘‘(ii) issued in a specified amount that may for inactivity; and under which such amounts are determined; and not be increased or reloaded; ‘‘(B) the issuer or vendor of such certificate or ‘‘(iii) the number of credit card accounts cov- ‘‘(iii) purchased on a prepaid basis in ex- card informs the purchaser of such charge or fee ered by any such agreement that were opened change for payment; and before such certificate or card is purchased, re- during the period covered by the report, and the ‘‘(iv) honored upon presentation by such sin- gardless of whether the certificate or card is total number of credit card accounts covered by gle merchant or affiliated group of merchants purchased in person, over the Internet, or by the agreement that were outstanding at the end for goods or services. telephone. of such period. ‘‘(C) STORE GIFT CARD.—The term ‘store gift ‘‘(4) EXCLUSION.—The prohibition under para- ‘‘(C) AGGREGATION BY INSTITUTION.—The in- card’ means an electronic promise, plastic card, graph (1) shall not apply to any gift certifi- formation required to be reported under sub- or other payment code or device that is— cate— paragraph (A) shall be aggregated with respect ‘‘(i) redeemable at a single merchant or an af- ‘‘(A) that is distributed pursuant to an award, to each institution of higher education or alum- filiated group of merchants that share the same loyalty, or promotional program, as defined by ni organization or foundation affiliated with or name, mark, or logo; the Board; and related to such institution. ‘‘(ii) issued in a specified amount, whether or ‘‘(B) with respect to which, there is no money ‘‘(D) INITIAL REPORT.—The initial report re- not that amount may be increased in value or or other value exchanged. ‘‘(c) PROHIBITION ON SALE OF GIFT CARDS quired under subparagraph (A) shall be sub- reloaded at the request of the holder; WITH EXPIRATION DATES.— mitted to the Board before the end of the 9- ‘‘(iii) purchased on a prepaid basis in ex- month period beginning on the date of enact- ‘‘(1) IN GENERAL.—Except as provided under change for payment; and paragraph (2), it shall be unlawful for any per- ment of this subsection. ‘‘(iv) honored upon presentation by such sin- ‘‘(3) REPORTS BY BOARD.—The Board shall son to sell or issue a gift certificate, store gift gle merchant or affiliated group of merchants card, or general-use prepaid card that is subject submit to the Congress, and make available to for goods or services. the public, an annual report that lists the infor- to an expiration date. ‘‘(D) EXCLUSIONS.—The terms ‘general-use ‘‘(2) EXCEPTIONS.—A gift certificate, store gift mation concerning credit card agreements sub- prepaid card’, ‘gift certificate’, and ‘store gift card, or general-use prepaid card may contain mitted to the Board under paragraph (2) by card’ do not include an electronic promise, plas- an expiration date if— each institution of higher education, alumni or- tic card, or payment code or device that is— ‘‘(A) the expiration date is not earlier than 5 ganization, or foundation.’’. ‘‘(i) used solely for telephone services; years after the date on which the gift certificate (b) STUDY AND REPORT BY THE COMPTROLLER ‘‘(ii) reloadable and not marketed or labeled was issued, or the date on which card funds GENERAL.— as a gift card or gift certificate; were last loaded to a store gift card or general- (1) STUDY.—The Comptroller General of the ‘‘(iii) a loyalty, award, or promotional gift United States shall, from time to time, review use prepaid card; and card, as defined by the Board; ‘‘(B) the terms of expiration are clearly and the reports submitted by creditors under section ‘‘(iv) not marketed to the general public; conspicuously stated. 127(r) of the Truth in Lending Act, as added by ‘‘(v) issued in paper form only (including for ‘‘(d) ADDITIONAL RULEMAKING.— this section, and the marketing practices of tickets and events); or ‘‘(1) IN GENERAL.—The Board shall— creditors to determine the impact that college af- ‘‘(vi) redeemable solely for admission to events ‘‘(A) prescribe regulations to carry out this finity card agreements and college student card or venues at a particular location or group of section, in addition to any other rules or regula- agreements have on credit card debt. affiliated locations, which may also include tions required by this title, including such addi- (2) REPORT.—Upon completion of any study services or goods obtainable— tional requirements as appropriate relating to under paragraph (1), the Comptroller General ‘‘(I) at the event or venue after admission; or the amount of dormancy fees, inactivity charges shall periodically submit a report to the Con- ‘‘(II) in conjunction with admission to such or fees, or service fees that may be assessed and gress on the findings and conclusions of the events or venues, at specific locations affiliated the amount of remaining value of a gift certifi- study, together with such recommendations for with and in geographic proximity to the event or cate, store gift card, or general-use prepaid card administrative or legislative action as the Comp- venue. below which such charges or fees may be as- troller General determines to be appropriate. ‘‘(3) SERVICE FEE.— sessed; and TITLE IV—GIFT CARDS ‘‘(A) IN GENERAL.—The term ‘service fee’ ‘‘(B) shall determine the extent to which the SEC. 401. GENERAL-USE PREPAID CARDS, GIFT means a periodic fee, charge, or penalty for individual definitions and provisions of the CERTIFICATES, AND STORE GIFT holding or use of a gift certificate, store gift Electronic Fund Transfer Act or Regulation E CARDS. card, or general-use prepaid card. should apply to general-use prepaid cards, gift The Electronic Fund Transfer Act (15 U.S.C. ‘‘(B) EXCLUSION.—With respect to a general- certificates, and store gift cards. 1693 et seq.) is amended— use prepaid card, the term ‘service fee’ does not ‘‘(2) CONSULTATION.—In prescribing regula- (1) by redesignating sections 915 through 921 include a one-time initial issuance fee. tions under this subsection, the Board shall con- as sections 916 through 922, respectively; and ‘‘(b) PROHIBITION ON IMPOSITION OF FEES OR sult with the Federal Trade Commission. (2) by inserting after section 914 the following: CHARGES.— ‘‘(3) TIMING; EFFECTIVE DATE.—The regula- ‘‘SEC. 915. GENERAL-USE PREPAID CARDS, GIFT ‘‘(1) IN GENERAL.—Except as provided under tions required by this subsection shall be issued CERTIFICATES, AND STORE GIFT paragraphs (2) through (4), it shall be unlawful in final form not later than 9 months after the CARDS. for any person to impose a dormancy fee, an in- date of enactment of the Credit CARD Act of ‘‘(a) DEFINITIONS.—In this section, the fol- activity charge or fee, or a service fee with re- 2009.’’. lowing definitions shall apply: spect to a gift certificate, store gift card, or gen- SEC. 402. RELATION TO STATE LAWS. ‘‘(1) DORMANCY FEE; INACTIVITY CHARGE OR eral-use prepaid card. Section 920 of the Electronic Fund Transfer FEE.—The terms ‘dormancy fee’ and ‘inactivity XCEPTIONS.—A dormancy fee, inactivity Act (as redesignated by this title) is amended by charge or fee’ mean a fee, charge, or penalty for ‘‘(2) E charge or fee, or service fee may be charged with inserting ‘‘dormancy fees, inactivity charges or non-use or inactivity of a gift certificate, store respect to a gift certificate, store gift card, or fees, service fees, or expiration dates of gift cer- gift card, or general-use prepaid card. general-use prepaid card, if— tificates, store gift cards, or general-use prepaid ‘‘(2) GENERAL USE PREPAID CARD, GIFT CER- cards,’’ after ‘‘electronic fund transfers,’’. TIFICATE, AND STORE GIFT CARD.— ‘‘(A) there has been no activity with respect to SEC. 403. EFFECTIVE DATE. ‘‘(A) GENERAL-USE PREPAID CARD.—The term the certificate or card in the 12-month period This title and the amendments made by this ‘general-use prepaid card’ means a card or other ending on the date on which the charge or fee title shall become effective 15 months after the payment code or device issued by any person is imposed; date of enactment of this Act. that is— ‘‘(B) the disclosure requirements of paragraph ‘‘(i) redeemable at multiple, unaffiliated mer- (3) have been met; TITLE V—MISCELLANEOUS PROVISIONS chants or service providers, or automated teller ‘‘(C) not more than one fee may be charged in SEC. 501. STUDY AND REPORT ON INTERCHANGE machines; any given month; and FEES. ‘‘(ii) issued in a requested amount, whether or ‘‘(D) any additional requirements that the (a) STUDY REQUIRED.—The Comptroller Gen- not that amount may, at the option of the Board may establish through rulemaking under eral of the United States (in this section referred issuer, be increased in value or reloaded if re- subsection (d) have been met. to as the ‘‘Comptroller’’) shall conduct a study quested by the holder; ‘‘(3) DISCLOSURE REQUIREMENTS.—The disclo- on use of credit by consumers, interchange fees, ‘‘(iii) purchased or loaded on a prepaid basis; sure requirements of this paragraph are met if— and their effects on consumers and merchants. and ‘‘(A) the gift certificate, store gift card, or (b) SUBJECTS FOR REVIEW.—In conducting the ‘‘(iv) honored, upon presentation, by mer- general-use prepaid card clearly and conspicu- study required by this section, the Comptroller chants for goods or services, or at automated ously states— shall review— teller machines. ‘‘(i) that a dormancy fee, inactivity charge or (1) the extent to which interchange fees are ‘‘(B) GIFT CERTIFICATE.—The term ‘gift certifi- fee, or service fee may be charged; required to be disclosed to consumers and mer- cate’ means an electronic promise that is— ‘‘(ii) the amount of such fee or charge; chants, whether merchants are restricted from

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12839 disclosing interchange or merchant discount protections for consumer credit cards, as appro- SEC. 505. REPORT TO CONGRESS ON REDUCTIONS fees, and how such fees are overseen by the Fed- priate; or OF CONSUMER CREDIT CARD LIMITS eral banking agencies or other regulators; (ii) states the reason for the determination of BASED ON CERTAIN INFORMATION (2) the ways in which the interchange system the Board that new or revised regulations are AS TO EXPERIENCE OR TRANS- ACTIONS OF THE CONSUMER. affects the ability of merchants of varying size not necessary. (a) REPORT ON CREDITOR PRACTICES RE- to negotiate pricing with card associations and (2) REVISION OF REVIEW PERIOD FOLLOWING QUIRED.—Before the end of the 1-year period be- banks; MATERIAL REVISION OF REGULATIONS.—In the ginning on the date of enactment of this Act, (3) the costs and factors incorporated into event that the Board materially revises regula- the Board, in consultation with the Comptroller interchange fees, such as advertising, bonus tions on consumer credit card plans, a review of the Currency, the Director of the Office of miles, and rewards, how such costs and factors need not be conducted until 2 years after the ef- Thrift Supervision, the Federal Deposit Insur- vary among cards; fective date of the revised regulations, which (4) the consequences of the undisclosed nature thereafter shall be treated as the new date for ance Corporation, the National Credit Union of interchange fees on merchants and consumers the biennial review required by subsection (a). Administration Board, and the Federal Trade with regard to prices charged for goods and (d) BOARD REPORT TO THE CONGRESS.—The Commission, shall submit a report to the Com- services; Board shall report to Congress not less fre- mittee on Financial Services of the House of (5) how merchant discount fees compare to the quently than every 2 years, except as provided Representatives and the Committee on Banking, credit losses and other costs that merchants in subsection (c)(2), on the status of its most re- Housing, and Urban Affairs of the Senate on incur to operate their own credit networks or cent review, its efforts to address any issues the extent to which, during the 3-year period store cards; identified from the review, and any rec- ending on such date of enactment, creditors (6) the extent to which the rules of payment ommendations for legislation. have reduced credit limits or raised interest card networks and their policies regarding inter- (e) ADDITIONAL REPORTING.—The Federal rates applicable to credit card accounts under change fees are accessible to merchants; banking agencies (as that term is defined in sec- open end consumer credit plans based on— (7) other jurisdictions where the central bank tion 3 of the Federal Deposit Insurance Act) and (1) the geographic location where a credit has regulated interchange fees and the impact the Federal Trade Commission shall provide an- transaction with the consumer took place, or the on retail prices to consumers in such jurisdic- nually to the Board, and the Board shall in- identity of the merchant involved in the trans- tions; clude in its annual report to Congress under action; (8) whether and to what extent merchants are section 10 of the Federal Reserve Act, informa- (2) the credit transactions of the consumer, in- permitted to discount for cash; and tion about the supervisory and enforcement ac- cluding the type of credit transaction, the type (9) the extent to which interchange fees allow tivities of the agencies with respect to compli- of items purchased in such transaction, the smaller financial institutions and credit unions ance by credit card issuers with applicable Fed- price of items purchased in such transaction, to offer payment cards and compete against eral consumer protection statutes and regula- any change in the type or price of items pur- larger financial institutions. tions, including— chased in such transactions, and other data (1) this Act, the amendments made by this Act, (c) REPORT REQUIRED.—Not later than 180 pertaining to the use of such credit card ac- days after the date of enactment of this Act, the and regulations prescribed under this Act and count by the consumer; and Comptroller shall submit a report to the Com- such amendments; and (3) the identity of the mortgage creditor which (2) section 5 of the Federal Trade Commission mittee on Banking, Housing, and Urban Affairs extended or holds the mortgage loan secured by Act, and regulations prescribed under the Fed- of the Senate and the Committee on Financial the primary residence of the consumer. eral Trade Commission Act, including part 227 Services of the House of Representatives con- (b) OTHER INFORMATION.—The report required of title 12 of the Code of Federal Regulations, as taining a detailed summary of the findings and under subsection (a) shall also include— prescribed by the Board (referred to as ‘‘Regula- (1) the number of creditors that have engaged conclusions of the study required by this sec- tion AA’’). in the practices described in subsection (a); tion, together with such recommendations for SEC. 503. STORED VALUE. (2) the extent to which the practices described legislative or administrative actions as may be (a) IN GENERAL.—Not later than 270 days in subsection (a) have an adverse impact on mi- appropriate. after the date of enactment of this Act, the Sec- nority or low-income consumers; SEC. 502. BOARD REVIEW OF CONSUMER CREDIT retary of the Treasury, in consultation with the (3) any other relevant information regarding PLANS AND REGULATIONS. Secretary of Homeland Security, shall issue reg- such practices; and (a) REQUIRED REVIEW.—Not later than 2 years ulations in final form implementing the Bank (4) recommendations to the Congress on any after the effective date of this Act and every 2 Secrecy Act, regarding the sale, issuance, re- regulatory or statutory changes that may be years thereafter, except as provided in sub- demption, or international transport of stored needed to restrict or prevent such practices. section (c)(2), the Board shall conduct a review, value, including stored value cards. SEC. 506. BOARD REVIEW OF SMALL BUSINESS within the limits of its existing resources avail- (b) CONSIDERATION OF INTERNATIONAL TRANS- CREDIT PLANS AND RECOMMENDA- able for reporting purposes, of the consumer PORT.—Regulations under this section regarding TIONS. credit card market, including— international transport of stored value may in- (a) REQUIRED REVIEW.—Not later than 9 (1) the terms of credit card agreements and the clude reporting requirements pursuant to section months after the date of enactment of this Act, practices of credit card issuers; 5316 of title 31, United States Code. the Board shall conduct a review of the use of (2) the effectiveness of disclosure of terms, (c) EMERGING METHODS FOR TRANSMITTAL AND credit cards by businesses with not more than 50 fees, and other expenses of credit card plans; STORAGE IN ELECTRONIC FORM.—Regulations employees (in this section referred to as ‘‘small (3) the adequacy of protections against unfair under this section shall take into consideration businesses’’) and the credit card market for or deceptive acts or practices relating to credit current and future needs and methodologies for small businesses, including— card plans; and transmitting and storing value in electronic (1) the terms of credit card agreements for (4) whether or not, and to what extent, the form. small businesses and the practices of credit card implementation of this Act and the amendments issuers relating to small businesses; made by this Act has affected— SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT OF ESTATES OF DECEDENT OBLI- (2) the adequacy of disclosures of terms, fees, (A) cost and availability of credit, particularly GORS. and other expenses of credit card plans for small with respect to non-prime borrowers; (a) IN GENERAL.—Chapter 2 of the Truth in businesses; (B) the safety and soundness of credit card Lending Act ( U.S.C. 1631 et seq.) is amended by (3) the adequacy of protections against unfair issuers; adding at the end the following new section: or deceptive acts or practices relating to credit (C) the use of risk-based pricing; or ‘‘§ 140A Procedure for timely settlement of es- card plans for small businesses; (D) credit card product innovation. (4) the cost and availability of credit for small tates of decedent obligors (b) SOLICITATION OF PUBLIC COMMENT.—In businesses, particularly with respect to non- connection with conducting the review required ‘‘The Board, in consultation with the Federal prime borrowers; by subsection (a), the Board shall solicit com- Trade Commission and each other agency re- (5) the use of risk-based pricing for small busi- ment from consumers, credit card issuers, and ferred to in section 108(a), shall prescribe regu- nesses; other interested parties, such as through hear- lations to require any creditor, with respect to (6) credit card product innovation relating to ings or written comments. any credit card account under an open end con- small businesses; and (c) REGULATIONS.— sumer credit plan, to establish procedures to en- (7) the extent to which small business owners (1) NOTICE.—Following the review required by sure that any administrator of an estate of any use personal credit cards to fund their business subsection (a), the Board shall publish a notice deceased obligor with respect to such account operations. in the Federal Register that— can resolve outstanding credit balances in a (b) RECOMMENDATIONS.—Following the review (A) summarizes the review, the comments re- timely manner.’’. required by subsection (a), the Board shall, not ceived from the public solicitation, and other (b) CLERICAL AMENDMENT.—The table of sec- later than 12 months after the date of enactment evidence gathered by the Board, such as tions for chapter 2 of the Truth in Lending Act of this Act— through consumer testing or other research; and is amended by inserting after the item relating (1) provide a report to Congress that summa- (B) either— to section 140 the following new item: rizes the review and other evidence gathered by (i) proposes new or revised regulations or in- ‘‘140A. Procedure for timely settlement of estates the Board, such as through consumer testing or terpretations to update or revise disclosures and of decedent obligors’.’’. other research, and

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(2) make recommendations for administrative (f) EXISTING MATERIALS.—The task force shall trator any findings or recommendations ap- or legislative initiatives to provide protections organize and distribute existing materials that proved at the meeting. for credit card plans for small businesses, as ap- inform and educate with respect to the needs (B) SUBMISSION TO CONGRESS.—Not later than propriate. identified under subsection (c)(1)(A) and the 60 days after the date that the Administrator re- SEC. 507. SMALL BUSINESS INFORMATION SECU- programs and services identified under sub- ceives minutes under subparagraph (A), the Ad- RITY TASK FORCE. section (c)(1)(B). ministrator shall submit to the Committee on (a) DEFINITIONS.—In this section— (g) COORDINATION WITH PUBLIC AND PRIVATE Small Business and Entrepreneurship of the (1) the terms ‘‘Administration’’ and ‘‘Adminis- SECTOR.—In carrying out its responsibilities Senate and the Committee on Small Business of trator’’ mean the Small Business Administration under this section, the task force shall coordi- the House of Representatives such minutes, to- and the Administrator thereof, respectively; nate with, and may accept materials and assist- gether with any comments the Administrator (2) the term ‘‘small business concern’’ has the ance as it determines appropriate from, public considers appropriate. same meaning as in section 3 of the Small Busi- and private entities, including— (5) FINDINGS.— ness Act (15 U.S.C. 632); and (1) any subordinate officer of the Adminis- (A) IN GENERAL.—Not later than the date on (3) the term ‘‘task force’’ means the task force trator; which the task force terminates under sub- established under subsection (b). (2) any organization authorized by the Small section (m), the task force shall submit to the (b) ESTABLISHMENT.—The Administrator shall, Business Act to provide assistance and advice to Administrator a final report on any findings in conjunction with the Secretary of Homeland small business concerns; and recommendations of the task force approved Security, establish a task force, to be known as (3) other Federal agencies, their officers, or at a meeting of the task force. the ‘‘Small Business Information Security Task employees; and (B) SUBMISSION TO CONGRESS.—Not later than Force’’, to address the information technology (4) any other organization, entity, or person 90 days after the date on which the Adminis- security needs of small business concerns and to not described in paragraph (1), (2), or (3). trator receives the report under subparagraph help small business concerns prevent the loss of (h) APPOINTMENT OF MEMBERS.— (A), the Administrator shall submit to the Com- credit card data. (1) CHAIRPERSON AND VICE-CHAIRPERSON.—The mittee on Small Business and Entrepreneurship (c) DUTIES.—The task force shall— task force shall have— of the Senate and the Committee on Small Busi- (1) identify— (A) a Chairperson, appointed by the Adminis- ness of the House of Representatives the full (A) the information technology security needs trator; and text of the report submitted under subparagraph of small business concerns; and (B) a Vice-Chairperson, appointed by the Ad- (A), together with any comments the Adminis- (B) the programs and services provided by the ministrator, in consultation with appropriate trator considers appropriate. Federal Government, State Governments, and nongovernmental organizations, entities, or per- (j) PERSONNEL MATTERS.— nongovernment organizations that serve those sons. (1) COMPENSATION OF MEMBERS.—Each mem- needs; (2) MEMBERS.— ber of the task force shall serve without pay for (2) assess the extent to which the programs (A) CHAIRPERSON AND VICE-CHAIRPERSON.— their service on the task force. and services identified under paragraph (1)(B) The Chairperson and the Vice-Chairperson shall (2) TRAVEL EXPENSES.—Each member of the serve the needs identified under paragraph serve as members of the task force. task force shall receive travel expenses, includ- (1)(A); (B) ADDITIONAL MEMBERS.— ing per diem in lieu of subsistence, in accord- (3) make recommendations to the Adminis- (i) IN GENERAL.—The task force shall have ad- ance with applicable provisions under sub- trator on how to more effectively serve the needs ditional members, each of whom shall be ap- chapter I of chapter 57 of title 5, United States identified under paragraph (1)(A) through— pointed by the Chairperson, with the approval Code. (A) programs and services identified under of the Administrator. (3) DETAIL OF SBA EMPLOYEES.—The Adminis- paragraph (1)(B); and trator may detail, without reimbursement, any (B) new programs and services promoted by (ii) NUMBER OF MEMBERS.—The number of ad- of the personnel of the Administration to the the task force; ditional members shall be determined by the task force to assist it in carrying out the duties (4) make recommendations on how the Admin- Chairperson, in consultation with the Adminis- of the task force. Such a detail shall be without istrator may promote— trator, except that— interruption or loss of civil status or privilege. (A) new programs and services that the task (I) the additional members shall include, for (4) SBA SUPPORT OF THE TASK FORCE.—Upon force recommends under paragraph (3)(B); and each of the groups specified in paragraph (3), at (B) programs and services identified under least 1 member appointed from within that the request of the task force, the Administrator paragraph (1)(B); group; and shall provide to the task force the administrative (5) make recommendations on how the Admin- (II) the number of additional members shall support services that the Administrator and the istrator may inform and educate with respect not exceed 13. Chairperson jointly determine to be necessary to— (3) GROUPS REPRESENTED.—The groups speci- for the task force to carry out its duties. (A) the needs identified under paragraph fied in this paragraph are— (k) NOT SUBJECT TO FEDERAL ADVISORY COM- (1)(A); (A) subject matter experts; MITTEE ACT.—The Federal Advisory Committee (B) new programs and services that the task (B) users of information technologies within Act (5 U.S.C. App.) shall not apply to the task force recommends under paragraph (3)(B); and small business concerns; force. (C) programs and services identified under (C) vendors of information technologies to (l) STARTUP DEADLINES.—The initial appoint- paragraph (1)(B); small business concerns; ment of the members of the task force shall be (6) make recommendations on how the Admin- (D) academics with expertise in the use of in- completed not later than 90 days after the date istrator may more effectively work with public formation technologies to support business; of enactment of this Act, and the first meeting and private interests to address the information (E) small business trade associations; of the task force shall be not later than 180 days technology security needs of small business con- (F) Federal, State, or local agencies, including after the date of enactment of this Act. cerns; and the Department of Homeland Security, engaged (m) TERMINATION.— (7) make recommendations on the creation of in securing cyberspace; and (1) IN GENERAL.—Except as provided in para- a permanent advisory board that would make (G) information technology training providers graph (2), the task force shall terminate at the recommendations to the Administrator on how with expertise in the use of information tech- end of fiscal year 2013. to address the information technology security nologies to support business. (2) EXCEPTION.—If, as of the termination date needs of small business concerns. (4) POLITICAL AFFILIATION.—The appoint- under paragraph (1), the task force has not (d) INTERNET WEBSITE RECOMMENDATIONS.— ments under this subsection shall be made with- complied with subsection (i)(4) with respect to 1 The task force shall make recommendations to out regard to political affiliation. or more meetings, then the task force shall con- the Administrator relating to the establishment (i) MEETINGS.— tinue after the termination date for the sole pur- of an Internet website to be used by the Admin- (1) FREQUENCY.—The task force shall meet at pose of achieving compliance with subsection istration to receive and dispense information least 2 times per year, and more frequently if (i)(4) with respect to those meetings. and resources with respect to the needs identi- necessary to perform its duties. (n) AUTHORIZATION OF APPROPRIATIONS.— fied under subsection (c)(1)(A) and the programs (2) QUORUM.—A majority of the members of There is authorized to be appropriated to carry and services identified under subsection the task force shall constitute a quorum. out this section $300,000 for each of fiscal years (c)(1)(B). As part of the recommendations, the (3) LOCATION.—The Administrator shall des- 2010 through 2013. task force shall identify the Internet sites of ap- ignate, and make available to the task force, a SEC. 508. STUDY AND REPORT ON EMERGENCY propriate programs, services, and organizations, location at a facility under the control of the PIN TECHNOLOGY. both public and private, to which the Internet Administrator for use by the task force for its (a) IN GENERAL.—The Federal Trade Commis- website should link. meetings. sion, in consultation with the Attorney General (e) EDUCATION PROGRAMS.—The task force (4) MINUTES.— of the United States and the United States Se- shall make recommendations to the Adminis- (A) IN GENERAL.—Not later than 30 days after cret Service, shall conduct a study on the cost- trator relating to developing additional edu- the date of each meeting, the task force shall effectiveness of making available at automated cation materials and programs with respect to publish the minutes of the meeting in the Fed- teller machines technology that enables a con- the needs identified under subsection (c)(1)(A). eral Register and shall submit to the Adminis- sumer that is under duress to electronically alert

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12841 a local law enforcement agency that an incident (F) specific recommendations on sources of ‘‘(A) to enjoin that practice; is taking place at such automated teller ma- revenue to support financial and economic lit- ‘‘(B) to enforce compliance with the rule; chine, including— eracy education activities with a specific anal- ‘‘(C) to obtain damages, restitution, or other (1) an emergency personal identification num- ysis of the potential use of credit card trans- compensation on behalf of residents of the State; ber that would summon a local law enforcement action fees. or officer to an automated teller machine when en- (b) STRATEGIC PLAN.— ‘‘(D) to obtain penalties and relief provided by tered into such automated teller machine; and (1) IN GENERAL.—The Secretary of Education the Federal Trade Commission Act and such (2) a mechanism on the exterior of an auto- and the Director of the Office of Financial Edu- other relief as the court considers appropriate.’’; mated teller machine that, when pressed, would cation of the Department of the Treasury shall and summon a local law enforcement to such auto- coordinate with the President’s Advisory Coun- (B) in paragraphs (2), (3), and (6), by striking mated teller machine. cil on Financial Literacy to develop a strategic ‘‘Commission’’ each place it appears and insert- (b) CONTENTS OF STUDY.—The study required plan to improve and expand financial and eco- ing ‘‘primary Federal regulator’’. under subsection (a) shall include— nomic literacy education. (b) EFFECTIVE DATE.—The amendments made (1) an analysis of any technology described in (2) CONTENTS.—The plan developed under this by subsection (a) shall take effect on March 12, subsection (a) that is currently available or subsection shall— 2009. under development; (A) incorporate findings from the report and (2) an estimate of the number and severity of SEC. 512. PROTECTING AMERICANS FROM VIO- evaluations of existing Federal financial and LENT CRIME. any crimes that could be prevented by the avail- economic literacy education programs under (a) CONGRESSIONAL FINDINGS.—Congress finds ability of such technology; subsection (a); and the following: (3) the estimated costs of implementing such (B) include proposals to improve, expand, and (1) The Second Amendment to the Constitu- technology; and support financial and economic literacy edu- (4) a comparison of the costs and benefits of tion provides that ‘‘the right of the people to cation based on the findings of the report and not fewer than 3 types of such technology. keep and bear Arms, shall not be infringed’’. evaluations. (c) REPORT.—Not later than 9 months after (2) Section 2.4(a)(1) of title 36, Code of Federal the date of enactment of this Act, the Federal (3) PRESENTATION TO CONGRESS.—The plan de- Regulations, provides that ‘‘except as otherwise Trade Commission shall submit to Congress a re- veloped under this subsection shall be presented provided in this section and parts 7 (special reg- port on the findings of the study required under to Congress not later than 6 months after the ulations) and 13 (Alaska regulations), the fol- this section that includes such recommendations date on which the report under subsection (a) is lowing are prohibited: (i) Possessing a weapon, for legislative action as the Commission deter- submitted to Congress. trap or net (ii) Carrying a weapon, trap or net mines appropriate. (c) EFFECTIVE DATE.—Notwithstanding sec- (iii) Using a weapon, trap or net’’. tion 3, this section shall become effective on the (3) Section 27.42 of title 50, Code of Federal SEC. 509. STUDY AND REPORT ON THE MAR- KETING OF PRODUCTS WITH CREDIT date of enactment of this Act. Regulations, provides that, except in special cir- OFFERS. SEC. 511. FEDERAL TRADE COMMISSION RULE- cumstances, citizens of the United States may (a) STUDY.—The Comptroller General of the MAKING ON MORTGAGE LENDING. not ‘‘possess, use, or transport firearms on na- United States shall conduct a study on the (a) IN GENERAL.—Section 626 of division D of tional wildlife refuges’’ of the United States terms, conditions, marketing, and value to con- the Omnibus Appropriations Act, 2009 (Public Fish and Wildlife Service. sumers of products marketed in conjunction Law 111–8) is amended— (4) The regulations described in paragraphs with credit card offers, including— (1) in subsection (a)— (2) and (3) prevent individuals complying with (1) debt suspension agreements; (A) by striking ‘‘Within’’ and inserting ‘‘(1) Federal and State laws from exercising the sec- (2) debt cancellation agreements; and Within’’; ond amendment rights of the individuals while (3) credit insurance products. (B) in paragraph (1), as designated by sub- at units of— (b) AREAS OF CONCERN.—The study conducted paragraph (A), by inserting after the first sen- (A) the National Park System; and under this section shall evaluate— tence the following: ‘‘Such rulemaking shall re- (B) the National Wildlife Refuge System. (1) the suitability of the offer of products de- late to unfair or deceptive acts or practices re- (5) The existence of different laws relating to scribed in subsection (a) for target customers; garding mortgage loans, which may include un- the transportation and possession of firearms at (2) the predatory nature of such offers; and fair or deceptive acts or practices involving loan different units of the National Park System and (3) specifically for debt cancellation or sus- modification and foreclosure rescue services.’’; the National Wildlife Refuge System entrapped pension agreements and credit insurance prod- and law-abiding gun owners while at units of the ucts, loss rates compared to more traditional in- (C) by adding at the end the following: National Park System and the National Wildlife surance products. ‘‘(2) Paragraph (1) shall not be construed to Refuge System. (c) REPORT TO CONGRESS.—The Comptroller authorize the Federal Trade Commission to pro- (6) Although the Bush administration issued shall submit a report to Congress on the results mulgate a rule with respect to an entity that is new regulations relating to the Second Amend- of the study required by this section not later not subject to enforcement of the Federal Trade ment rights of law-abiding citizens in units of than December 31, 2010. Commission Act (15 U.S.C. 41 et seq.) by the the National Park System and National Wildlife SEC. 510. FINANCIAL AND ECONOMIC LITERACY. Commission. Refuge System that went into effect on January (a) REPORT ON FEDERAL FINANCIAL AND ECO- ‘‘(3) Before issuing a final rule pursuant to 9, 2009— NOMIC LITERACY EDUCATION PROGRAMS.— the proceeding initiated under paragraph (1), (A) on March 19, 2009, the United States Dis- (1) IN GENERAL.—Not later than 9 months the Federal Trade Commission shall consult trict Court for the District of Columbia granted after the date of enactment of this Act, the Sec- with the Federal Reserve Board concerning any a preliminary injunction with respect to the im- retary of Education and the Director of the Of- portion of the proposed rule applicable to acts or plementation and enforcement of the new regu- fice of Financial Education of the Department practices to which the provisions of the Truth in lations; and of the Treasury shall coordinate with the Presi- Lending Act (15 U.S.C. 1601 et seq.) may apply. (B) the new regulations— dent’s Advisory Council on Financial Literacy— ‘‘(4) The Federal Trade Commission shall en- (i) are under review by the administration; (A) to evaluate and compile a comprehensive force the rules issued under paragraph (1) in the and summary of all existing Federal financial and same manner, by the same means, and with the (ii) may be altered. economic literacy education programs, as of the same jurisdiction, powers, and duties as though (7) Congress needs to weigh in on the new reg- time of the report; and all applicable terms and provisions of the Fed- ulations to ensure that unelected bureaucrats (B) to prepare and submit a report to Congress eral Trade Commission Act (15 U.S.C. 41 et seq.) and judges cannot again override the Second on the findings of the evaluations. (2) CONTENTS.—The report required by this were incorporated into and made part of this Amendment rights of law-abiding citizens on subsection shall address, at a minimum— section.’’; and 83,600,000 acres of National Park System land (A) the 2008 recommendations of the Presi- (2) in subsection (b)— and 90,790,000 acres of land under the jurisdic- dent’s Advisory Council on Financial Literacy; (A) by striking so much as precedes paragraph tion of the United States Fish and Wildlife Serv- (B) existing Federal financial and economic (2) and inserting the following: ice. literacy education programs for grades kinder- ‘‘(b)(1) Except as provided in paragraph (6), (8) The Federal laws should make it clear that garten through grade 12, and annual funding to in any case in which the attorney general of a the second amendment rights of an individual at support these programs; State has reason to believe that an interest of a unit of the National Park System or the Na- (C) existing Federal postsecondary financial the residents of that State has been or is threat- tional Wildlife Refuge System should not be in- and economic literacy education programs and ened or adversely affected by the engagement of fringed. annual funding to support these programs; any person subject to a rule prescribed under (b) PROTECTING THE RIGHT OF INDIVIDUALS TO (D) the current financial and economic lit- subsection (a) in a practice that violates such BEAR ARMS IN UNITS OF THE NATIONAL PARK eracy education needs of adults, and in par- rule, the State, as parens patriae, may bring a SYSTEM AND THE NATIONAL WILDLIFE REFUGE ticular, low- and moderate-income adults; civil action on behalf of the residents of the SYSTEM.—The Secretary of the Interior shall not (E) ways to incorporate and disseminate best State in an appropriate district court of the promulgate or enforce any regulation that pro- practices and high quality curricula in financial United States or other court of competent juris- hibits an individual from possessing a firearm and economic literacy education; and diction— including an assembled or functional firearm in

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 6333 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12842 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 any unit of the National Park System or the Na- Committee, and also my colleagues, The clerk will call the roll. tional Wildlife Refuge System if— such as Senator LEVIN, who has been a The legislative clerk called the roll. (1) the individual is not otherwise prohibited champion of this issue for as long as I Mr. DURBIN. I announce that the by law from possessing the firearm; and have, and others who have worked tire- Senator from West Virginia (Mr. (2) the possession of the firearm is in compli- ance with the law of the State in which the unit lessly to make this happen. So I will BYRD), the Senator from Massachusetts of the National Park System or the National reserve. (Mr. KENNEDY), and the Senator from Wildlife Refuge System is located. The PRESIDING OFFICER. The Sen- West Virginia (Mr. ROCKEFELLER) are SEC. 513. GAO STUDY AND REPORT ON FLUENCY ator from Washington. necessarily absent. IN THE ENGLISH LANGUAGE AND FI- f Mr. KYL. The following Senators are NANCIAL LITERACY. necessarily absent: the Senator from (a) STUDY.—The Comptroller General of the TO INCREASE FUNDING FOR THE Nevada (Mr. ENSIGN) and the Senator United States shall conduct a study exam- SPECIAL RESERVE ining— from Ohio (Mr. VOINOVICH). (1) the relationship between fluency in the Ms. CANTWELL. Mr. President, I ask The ACTING PRESIDENT pro tem- English language and financial literacy; and unanimous consent that the Senate pore. Are there any other Senators in (2) the extent, if any, to which individuals proceed to the immediate consider- the Chamber desiring to vote? whose native language is a language other than ation of S. Res. 152, submitted earlier The result was announced—yeas 88, English are impeded in their conduct of their fi- today; that the resolution be agreed to nays 6, as follows: nancial affairs. and the motion to reconsider be laid [Rollcall Vote No. 195 Ex.] (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller upon the table. YEAS—88 General of the United States shall submit a re- The PRESIDING OFFICER. Without Akaka Enzi McCaskill port to the Committee on Banking, Housing, objection, it is so ordered. Alexander Feingold McConnell and Urban Affairs of the Senate and the Com- The resolution (S. Res. 152) was Barrasso Feinstein Menendez mittee on Financial Services of the House of agreed to, as follows: Baucus Gillibrand Mikulski Bayh Graham Murkowski Representatives that contains a detailed sum- S. RES. 152 Begich Grassley mary of the findings and conclusions of the Nelson (NE) Bennet Gregg Nelson (FL) study required under subsection (a). Resolved, Bennett Hagan Pryor SECTION 1. SPECIAL RESERVE FUNDING. Bingaman Harkin The PRESIDING OFFICER. The Sen- Reed (a) IN GENERAL.—Section 20(a) of S. Res. 73 Bond Hatch Reid ator from Connecticut. Boxer Hutchison (111th Congress) is amended by striking Risch Mr. DODD. Mr. President, I move to ‘‘$4,375,000’’ and inserting ‘‘$4,875,000’’. Brown Inhofe Brownback Inouye Roberts reconsider the vote. (b) AGGREGATES.—The additional funds Bunning Isakson Schumer Mr. LEVIN. Mr. President, I move to provided by the amendment made by sub- Burr Johanns Sessions lay that motion upon the table. section (a) shall not be considered to be sub- Burris Johnson Shelby The motion to lay on the table was ject to the 89 percent limitation on Special Cardin Kaufman Snowe agreed to. Reserves found on page 2 of Committee Re- Carper Kerry Specter port 111–14, accompanying S. Res. 73. Casey Klobuchar Stabenow f Chambliss Kohl Tester f Coburn Kyl Thune UNANIMOUS CONSENT Cochran Landrieu Udall (CO) AGREEMENT—S. 896 RECESS Collins Lautenberg Udall (NM) The PRESIDING OFFICER. Under Conrad Leahy Vitter Mr. DODD. Mr. President, I ask unan- Corker Levin the previous order, the Senate stands Warner imous consent that when the Senate Cornyn Lieberman Webb Crapo receives a message from the House in recess until 2:15. Lincoln Whitehouse DeMint Lugar Thereupon, at 1:20 p.m., the Senate Wicker with respect to S. 896 the Senate con- Dodd Martinez Wyden cur in the amendment of the House, recessed until 2:15 p.m. and reassem- Durbin McCain and the motion to reconsider be laid bled when called to order by the Acting NAYS—6 upon the table; that this order is only President pro tempore. Cantwell Merkley Sanders valid if the House amendment is iden- f Dorgan Murray Shaheen tical to the text which is at the desk; that if the text is not identical, then EXECUTIVE SESSION NOT VOTING—5 this order is null and void. Byrd Kennedy Voinovich The PRESIDING OFFICER. Without Ensign Rockefeller NOMINATION OF GARY GENSLER objection, it is so ordered. The nomination was confirmed. TO BE A COMMISSIONER OF THE f COMMODITY FUTURES TRADING f UNANIMOUS CONSENT AGREE- COMMISSION NOMINATION OF GARY GENSLER MENT—EXECUTIVE CALENDAR The ACTING PRESIDENT pro tem- TO BE CHAIRMAN OF THE COM- Mr. DODD. As if in executive session, pore. Under the previous order, the MODITY FUTURES TRADING I ask unanimous consent that the order Senate will proceed to executive ses- COMMISSION with respect to the Gensler nomination sion to consider the following nomina- The ACTING PRESIDENT pro tem- be modified to provide that the debate tion, which the clerk will report. pore. Under the previous order, the with respect to the nomination occur The legislative clerk read the nomi- Senate will proceed to the nomination after the vote which is scheduled for nation of Gary Gensler, of Maryland, to of Gary Gensler, of Maryland, to be 2:15 p.m. today. be a Commissioner of the Commodity Chairman of the Commodity Futures The PRESIDING OFFICER. Without Futures Trading Commission. Trading Commission. objection, it is so ordered. The ACTING PRESIDENT pro tem- The nomination is confirmed, and the Mr. DODD. Mr. President, I see my pore. Under the previous order, the motion to reconsider is considered colleague from Washington is here. My question is, Will the Senate advise and made and laid upon the table. intention is to come back at some consent to the nomination of Gary The President will be immediately point later this afternoon and talk Gensler, of Maryland, to be a Commis- notified of the Senate’s action. about the credit card bill. We have sioner of the Commodity Futures Trad- Under the previous order, there will talked about it a lot over the last num- ing Commission? now be 60 minutes of debate equally di- ber of weeks, but I know there are Mr. INOUYE. Mr. President, I ask for vided and controlled between the Sen- other matters other people want to the yeas and nays. ator from Iowa, Mr. HARKIN, and the bring up at this juncture. So I will re- The ACTING PRESIDENT pro tem- Senator from Georgia, Mr. CHAMBLISS, serve some time this afternoon to pore. Is there a sufficient second? or their designees. thank my colleagues from the Banking There is a sufficient second. The Senator from Iowa is recognized.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12843 Mr. HARKIN. Mr. President, again, swer period of Mr. Gensler before our rivatives on derivatives, ad infinitum, to recap what was said, we have voted committee. So now I am prepared to with nobody knowing what was going twice, once to approve Mr. Gensler as a entrust momentous decisions to Mr. on, without anybody knowing the Commissioner of the Commodity Fu- Gensler, and I am, of course, sup- value of each of those. tures Trading Commission and another porting the President’s choice. Given To this day, Treasury has never been vote to approve him as the Chairman of the fragile state of the economy and fi- able to tell us how they came up with the Commodity Futures Trading Com- nancial markets, having a confirmed the value of those derivatives. It is a mission. I voted yes on both measures. chairman at the CFTC is of critical im- kind of voodoo. It is some kind of Let me share my reasoning on the portance. mathematical calculation that they nomination of Mr. Gensler. As I said at Mr. Gensler’s nomination put into a computer somehow. Well, I Honestly, I have had some reserva- hearing, these are challenging times, am sorry; I just don’t buy that. I be- tions about this nominee, though cer- particularly for regulators like the lieve they all ought to be on a regu- tainly not about him as a person. CFTC. Since the Commodity Futures lated exchange, open and above board, Based upon my meetings with him and Trading Commission was established 35 so anybody can look and see who is our committee hearing, I believe Mr. years ago, it has never faced more trading what. If it is a custom deriva- Gensler is a good and decent man with daunting market challenges than those tive, fine; put it on a trading exchange, a strong personal story, and he has cer- that exist now. The unprecedented a regulated exchange. Let the market tainly shown his intellectual capability price volatility of our markets for decide whether it is customized or not, and his knowledge of the subject. physical commodities, such as energy and then if somebody wants to sell a I simply had concerns with elements and grains, has hurt our economy. The derivative on that, put it right back on of his background and philosophy, con- lack of sufficient regulatory authority the exchange. To me, that is the only cerning the regulation of over-the- and oversight over the derivatives and way we will ever get around this. counter derivatives transactions and financial markets has proven disas- I keep hearing noises out of Treasury other financial transactions, and his trous to the entire global economy. that they want to keep this loophole views on regulations in general. Derivatives that were touted as man- for some kinds of customized swaps. I Mr. President, I chaired a nomina- aging or reducing risk turned out in know the swaps and futures industry tion hearing that lasted some time. It practice to magnify risk—or certainly would like to have that. I understand was a hearing of substance. Mr. Gensler at least to allow banks, insurance com- that. But that is what got us into this answered some very tough questions panies, and investors to take on totally trouble in the first place. As I said, the straightforwardly. unsustainable and reckless levels of burden of proof is on them, I believe, to It is not possible to know how Mr. risk and leverage. If these financial show why we need this loophole and to Gensler will decide any given question, markets and derivatives markets are somehow define a custom swap, what it but he has expressed support for much not properly regulated, we won’t have really is, and why we don’t need to put stronger, more effective reform in the a strong economy. The CFTC plays a it on a regulated exchange. oversight and regulation of derivatives. vital role in providing oversight in Some suggest that reforming regula- Of all the things we are doing around keeping these markets healthy and in tions of these markets, like I am sug- here, in terms of banking and bailouts keeping the players honest. gesting, will limit flexibility and in- and pronouncements coming from the It is imperative that we pass strong hibit the incentives of market partici- Secretary of the Treasury, perhaps the financial regulatory reform in the Con- pants to develop and introduce new fi- construction of the whole thing is cen- gress, and not just piecemeal, patch- nancial products, and thus harm the tered around how are we finally going work reform, but comprehensive and market. Again, I reject that notion. To to regulate derivatives and swaps. fundamental reform that brings full the extent that financial innovation These are over the counter, hidden transparency and accountability back can be shown to benefit all participants from view and, quite frankly, they to the markets. Earlier this year, I in- in the market by providing some new have led to the debacle we have now. troduced the Derivatives Trading In- hedging opportunities or risk manage- Let me read some excerpts from Mr. tegrity Act. Our committee will be ment capabilities, without putting Gensler’s testimony before the Senate having a hearing on this early next other parties at undue risk, then that Agriculture Committee, which gives month. That bill would require all de- is all to the good. However, if these me, again, some positive feelings to- rivatives and swaps to be traded on a new products are used to obscure risk ward his future chairmanship of the regulated exchange. Exchange-traded in the market, or elude or evade ac- CFTC. contracts are subject to a level of counting rules placed on market par- Here is what he said: transparency and oversight that is not ticipants, then they clearly don’t serve I firmly believe that strong, intelligent possible in over-the-counter markets. regulation with aggressive enforcement ben- the public good and should be prohib- efits our economy and the public. For 60 years, futures contracts traded ited. We must urgently move to enact a broad very efficiently on regulated ex- That is why I say no more of this be- regulatory regime that covers the entire changes. hind-the-scenes, over-the-counter trad- over-the-counter derivatives markets. I believe the burden of proof is on ing of derivatives. Put them on a regu- Right on target, Mr. Gensler. He also those who say there must be exceptions lated exchange. If it is custom, so said: and loopholes to allow derivatives and what; put it on the exchange. Then a The CFTC should be provided with author- futures trading off-exchange to con- regulated exchange can put margin re- ity to set position limits on all over-the- tinue. These are touted as customized quirements on the buyers, clearing the counter derivatives to prevent manipulation swaps or customized derivatives. I have floor every day. Other investors can and excessive speculation. asked Mr. Gensler and others to please look and see what is going on. It pro- A transparent and consistent playing field define for me what a custom swap is. for all physical commodity futures should be vides for the best transparency pos- the foundation of our regulations. No matter how you define it, it leaves sible. a loophole big enough to drive a Mack Some are talking about having some I agree with that. Lastly, Mr. Gensler said this: truck through. Once there is a deriva- kind of a clearinghouse. Again, I don’t tive that is off the trading boards, that know about clearinghouses. There are I believe that the CFTC must work with Congress, with other regulators, and with no one knows about, that is shrouded some functions for clearinghouses, I our global financial partners to ensure that in secrecy, what is to keep someone am aware of that. But, again, they just the failures of our regulatory and financial else from doing another custom deriva- don’t function like a regulated ex- systems, failures which have already taken a tive on that derivative, and then a de- change, on which we have set regula- toll on every American, never happen again. rivative on that derivative? That is tions, an exchange that can provide for Those are all excerpts from the ex- what got us into this mess in the first margin calls, and which is open and tensive testimony and question-and-an- place—derivatives on derivatives on de- above board to everyone. Again, these

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12844 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 financial innovations we hear about, parency and integrity to the deriva- our financial system, it is absolutely like credit default swaps, collateralized tives markets. In the meanwhile, the essential that the CFTC and the Senate mortgage obligations, collateralized CFTC must be at full capacity to keep Committee on Agriculture, Nutrition debt obligations—I did a little history watch over the markets. We are count- and Forestry are engaged in the de- on this. None of those existed prior to ing on Mr. Gensler to be a strong voice bate. Given our responsibility to en- 20 years ago. Most of them are within at the helm of this important agency. sure that the commodity markets func- the last dozen years or so. With that, I yield the floor. tion properly, the CFTC must be en- So I asked the question of a number The ACTING PRESIDENT pro tem- gaged in discussions occurring both of people at the Treasury Department, pore. The Senator from Georgia is rec- within the administration and within and others—I asked what was the de- ognized. Congress relative to restructuring our mand for these financial instruments? Mr. CHAMBLISS. Mr. President, I financial system and products that op- They didn’t exist before, especially will speak a minute on Mr. Gensler. Be- erate within it. The need for properly fore I do, I thank the chairman for credit default swaps. They literally functioning commodity markets is of making sure we got this nomination to didn’t exist before about 10 years ago. utmost importance to those utilizing the floor for confirmation. We have What was the public demand or public products based on interest rates, ex- wrestled with this nomination for sev- need for these? There wasn’t any. change rates, debt, and credit risks. eral months now, and I will talk about Someone described it to me. It is sort Last year, we witnessed a major mar- that. of like Honey Nut Cheerios. I have been ket disturbance and a subsequent myr- CDC’S NEW EXPANDED CAMPUS eating Cheerios since I was a kid. Did I iad of theories as to the cause of the I thank Senator HARKIN also for com- demand that they put a honey nut in- meltdown. Economists will study for ing to Atlanta last Friday. We had a side each of those Cheerios? General years to theorize just exactly what great tour of the new campus—the Mills had a new idea, and they came up caused the economy to buckle when it fully expanded campus at the Centers with Honey Nut Cheerios and marketed did. In the meantime, we owe it to the for Disease Control, where we had the them with good advertising, and they American public to ensure that the thought everybody would like Honey opportunity to talk with folks first- hand who are dealing with the H1N1 regulators who oversee these industries Nut Cheerios now. are properly vetted and seated with the Fine, but that is what they did with virus. We both were reinforced about the fact that issue is in the hands of backing of the Senate. credit default swaps. Some brainiacs up Frankly, this vote has been too long there at MIT—the mathematicians who highly skilled professional people at the Centers for Disease Control. Sen- in coming. One of President Obama’s went to work for the investment first nominations for his new adminis- houses—said we know how to slice and ator HARKIN has been very much a sup- porter of the CDC for years in his posi- tration was that of Gary Gensler to be dice derivatives to the nth degree— Commissioner and Chairman of the these credit default swaps—and we can tion on the Appropriations Committee. I thank him for taking time to come CFTC. His nomination was announced make a lot of money on that. on December 18, 2008, and we officially But there was no need for that. There down on a day that is very important received this nomination on President was no outcry by banks or insurance to his family and to visit with us and Obama’s first day in office—January companies saying they needed this to also hold the nutrition hearing on the CDC campus. We had an excellent 20, 2009. kind of financial instrument. But they For the last few years, I have wit- came up with it and marketed it and hearing, and we are going to be work- nessed the troubling trend of stalled sold it as a way of better hedging risk ing together to get our nutrition reau- CFTC nominations. The process starts when, in fact, it increased and mag- thorization bill to the floor in the very with the President sending Congress nified risk. Again, if someone comes up near future. the nomination, the Senate Agri- with a financial instrument—a new NOMINATION OF GARY GENSLER culture Committee holds a confirma- product, as they say—let’s get it out Mr. President, I rise to support the tion hearing, and that is as far as it there in the open. If you want it out nomination of Gary Gensler to be goes. In the case of Gensler, two of my there, put it in the open and get it on Chairman of the Commodity Futures Senate colleagues placed a hold on his the regulated exchange and let every- Trading Commission. Mr. Gensler’s confirmation, which, in terms of Sen- body look at it and see what it is. That nomination comes at a critical time. is why we need better regulation and Our Nation is facing very challenging ate procedure, effectively stalls the openness and transparency. issues in trying to address this eco- nomination in its tracks. This has hap- I reject the idea that somehow this nomic downturn. Many businesses, as pened with almost every nominee to regulation of which I speak is somehow well as the economy, depend upon the the Commission in recent years. going to thwart financial instruments. commodity markets—both physical With Senate approval of this nomina- If we thwart the development of other and financial commodities—to help tion, our job is still far from complete credit default swaps or collateralized manage costs, to hedge against risk, to in ensuring that the CFTC has a full mortgages or debt obligations, wonder- access liquidity, and to stay competi- slate of Commissioners. We currently ful; we should. We should get back to tive. It is a time where we really need have two Commissioners with expired sensible dealings in the marketplace. these markets to be performing at terms. I would encourage the President Again, no more obscuring of the risk, their best, to be functioning trans- to quickly send us the nominations of eluding accounting rules—get them out parently and without manipulation. the two remaining Commissioners so in the public. The CFTC has been operating with an that we can act quickly on both of The free-wheeling derivatives mar- Acting Chairman for approximately 23 them. It is my understanding that the kets contributed to a financial crisis months now and a fully confirmed com- President, if he hasn’t already sent one from which our economy is only begin- mission has not been in operation since of those nominations over, will be ning to recover. We are at work in the 2006. This situation is largely due to sending one over today. I urge him to Agriculture Committee on legislation the recurring politics surrounding the send the second one so that we can deal that will ensure stronger regulation in nomination process. While not all Sen- with both of them at the same time order to bring transparency and integ- ators will ever agree with everything and for the first time in several years rity to the derivatives market. that any nominee supports, I am very have a fully confirmed and seated Com- I want to make it clear at the outset concerned with the need to have a fully modity Futures Trading Commission. that I am not against all derivatives. seated Commodity Futures Trading With respect to Mr. Gensler, I have Certain derivatives have a functional Commission. The American people de- had the opportunity to visit with him, value in hedging and reducing risk. serve no less, particularly in these dif- to go through his hearing with him, But, again, they should be in the open. ficult times. and to observe him. He is qualified, he We are at work in the Agriculture As Congress seeks to deal with the is capable, he knows the issues, and he Committee to do that—bring trans- current economic crisis and examines is prepared for the job. I urge all of my

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12845 Republican colleagues to vote in favor because we want to continue to encour- ments, including an audit trail; reporting re- of this nomination because I think this age a strong and viable commodities quirements; and conservative margin re- is one time where we have the oppor- market in this country. quirements. I believe that the CFTC should tunity in a bipartisan way to say to the As we move through the process of be provided with authority to set position seeking to change our regulatory proc- limits on all OTC derivatives to prevent ma- President: If you send us reasonable nipulation and excessive speculation. Such and qualified nominees, we are not ess, I look forward to working with the position limit authority should clearly em- going to stand in your way. We are not chairman, as well as any number of power the CFTC to establish aggregate posi- going to be obstructionists. We are other Members of this body who have a tion limits. going to help you put the right kinds of lot of information about this issue. Mr. Gensler also wrote to me saying: And believe you me, it is an extremely people in place. I will work closely with Congress to pass I am very pleased to say—since we complex issue, but it is one we need to legislation that will mandate registration of have had the vote today—that every address, and we need to make sure at hedge fund advisers. In addition, I will work single Republican who voted today the end of the day that we have done with agency staff to review all previously voted to confirm Mr. Gensler. our work in the right way and in a way granted exemptions from registration. Let me close by talking for 1 second that will be complementary of the mar- Finally, Mr. Gensler told me in writ- about the comments my colleague kets and not in a way that is going to ing that he supports: from Iowa, Senator HARKIN, made with be conflicting toward the markets. . . . actions to close the ‘‘London loop- respect to the overall financial mar- With that, Mr. President, I yield the hole’’ and ensure that foreign futures ex- kets and our need to modify some of floor. changes with permanent trading terminals the regulatory process. The PRESIDING OFFICER (Mr. in the U.S. comply with position limitations I agree with him that we need more UDALL of Colorado). The Senator from and reporting and transparency require- transparency in the market. We don’t Vermont. ments that are applied to trades made on know—and I don’t know that we will Mr. SANDERS. Mr. President, for the U.S. exchanges. ever know—what caused this meltdown past 5 months, I blocked consideration Mr. President, I ask unanimous con- last year, but the one thing I do know of the nomination of Gary Gensler to sent to have printed in the RECORD all is that as policymakers we have an ob- head the Commodity Futures Trading of Mr. Gensler’s written responses to ligation to make sure that when some- Commission, the CFTC. As a strong me dated May 14, 2009. one buys a product on a commodities supporter of President Obama, I took There being no objection, the mate- market, they should have the assur- no particular pleasure in doing that. rial was ordered to be printed in the ance that somebody from a regulatory But given Mr. Gensler’s history as a RECORD, as follows: standpoint is looking over the shoulder senior executive of Goldman Sachs for GARY GENSLER, NOMINEE FOR CFTC of the individuals who administer those 18 years and the role Mr. Gensler CHAIRMAN markets, so that when they buy some- played in deregulating the financial (Response to Senator Sanders, May 14, 2009) thing, they know it is exactly what was services industry as a senior Treasury 1. The CFTC should produce quarterly re- sold to them. They should have the as- Department official from 1991 to 2001, I ports on its website describing the role de- surance that they are going to have the did not believe Mr. Gensler was the rivatives trading activities have in influ- opportunity—with the risks they have right person at the right time to help encing prices for each major energy com- taken—to see that product either rise lead this country out of the financial modity, including home heating oil and in value or sometimes go lower in crisis we find ourselves in today. In my crude oil. view, we need a new vision of what I believe that we must urgently move to value but that it will be their decision enact a broad regulatory regime that covers that causes that and not some manipu- Wall Street should be—one that is not the entire over-the-counter derivatives mar- lation of the market that causes that. obsessed with quick profits, bubble ketplace. This regime should consist of two The chairman and I have some dis- economies, and huge compensation main components. One component is the reg- agreements over the direction in which packages for top executives. We need ulation of the derivatives dealers them- we go, but there is no disagreement financial institutions which will invest selves. The other component is the regula- with the fact that there needs to be in a productive economy and which tion of the marketplace. I believe it is best more transparency in the market. will help create millions of decent-pay- that we implement both of these complimen- There are some customized products ing jobs as we rebuild our Nation and tary components to bring the needed trans- parency, accountability and safety to the that are going to be very difficult to rebuild the middle class. trading of OTC derivatives. regulate, and we have to be careful I am happy to say that last week I Market efficiency and price transparency that we don’t stifle markets in this had a productive meeting with Mr. for OTC derivatives should be significantly country. They have worked well for Gensler, the second meeting I have had enhanced by: decades and decades, and they will con- with him. While Mr. Gensler is clearly requiring the clearing of standardized tinue to work well if we make sure not the nominee I would have chosen products through regulated central that we have the right policies in place for this position, nor were his answers counterparty clearinghouses; moving the standardized part of these mar- and that we don’t let the Federal Gov- all that I would have liked, there is no question in my mind that he is a kets onto regulated exchanges and regulated, ernment get too much engaged in the transparent electronic trade, executions sys- process, to the point where these indi- stronger nominee today than he was 5 tems; viduals who make the decisions to months ago when I first met him. requiring development of a system for trade on markets inside the United In preparation for the meeting last timely reporting of trades and prompt dis- States get the feeling that the Govern- week, I outlined a number of issues I semination of prices and other trade infor- ment is becoming too engaged in the wanted Mr. Gensler to respond to, and mation; process and therefore they are going to let me highlight some of Mr. Gensler’s requiring that all OTC transactions, both written replies for my colleagues. standardized and customized, be reported to take their business elsewhere, which a regulated trade repository; and they can do. Every product that is In terms of strongly regulating credit default swaps and other derivatives— requiring clearinghouses and trade reposi- bought on the market in the United tories to, among other things, make aggre- States can be bought in an overseas something Mr. Gensler opposed in the gate data on open positions and trading vol- market. It can be bought from New Clinton administration—Mr. Gensler umes available to the public and to make York City or my hometown of now says: data on any individual counterparty’s trades Moultrie, GA, just as easily as it can be I believe we must urgently move to enact and positions available on a confidential bought on the U.S. market. So we have a broad regulatory regime that covers the basis to the CFTC and other regulators. entire over-the-counter- derivatives market- I also believe the CFTC should promote to make sure we regulate those mar- place. As a key component of this reform, we greater transparency by providing more use- kets in the right way but that we don’t should subject all derivatives dealers to: ful and comprehensive data to the public. In overregulate them so that we drive Conservative capital requirements; business my opinion, the rapid growth in commodity those customers overseas to markets, conduct standards; recordkeeping require- index funds was a contributing factor to a

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12846 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 bubble in commodity prices—including home that engage in derivatives trading are sub- and to prevent the enormous conflicts heating oil and crude oil—that peaked in ject to speculation limits. of interest that exist with respect to mid-2008. The expanding number of hedge A transparent and consistent playing field our energy markets, among many funds and other investors who increased for all physical commodity futures should be other things. asset allocations to commodities also put the foundation of the CFTC’s regulations. In addition, last week the Obama ad- upward pressure on prices. Notably, though, Position limits must be applied consistently no reliable data about the size or effect of across all markets, across all trading plat- ministration introduced a comprehen- these two influential groups has been readily forms, and exemptions to them must be lim- sive plan to—for the very first time— accessible to market participants. I believe ited and well defined. significantly regulate credit default the CFTC should promote greater trans- As part of the comprehensive plan de- swaps and other over-the-counter de- parency and market integrity by regularly scribed above, the CFTC should be provided rivatives. Exempting these invest- providing the public with better data regard- with authority to set position limits on all ments from regulation was a huge mis- ing the role of non-commercial traders in en- OTC derivatives to prevent manipulation and take that led to the $180 billion tax- ergy and other markets. excessive speculation. Such position limit payer bailout of AIG, the collapse of If confirmed, I will work with the Congress authority should clearly empower the CFTC Lehman Brothers, and greatly contrib- to provide the CFTC with the additional au- to establish aggregate position limits across uted to the worst financial crisis since thority it needs to improve the transparency markets in order to ensure that traders are of the OTC derivatives market. I will also not able to avoid position limits in a market the Great Depression. work with the CFTC staff to use the tools at by moving to a related exchange or market. Last March, I and a number of other the agency’s disposal to protect consumers, If confirmed by the Senate, I will ask the Senators asked the President to sup- investors, and farmers by promoting trans- CFTC staff to undertake a review of all out- port strong regulations on these risky parency through more sophisticated data standing hedge exemptions, to consider the investment schemes. The President’s collection and dissemination. appropriateness of these exemptions, and to proposal accomplishes many—not all 2. Establish conflict of interest rules and evaluate potential practices for instituting but many—of the goals we have been firewalls limiting energy infrastructure af- regular review and increased reporting by ex- advocating. While this plan is not as filiates from communicating with energy an- emption-holders. alysts and traders. strong as I would have written and may 4. Mr. Gensler should work to promulgate have loopholes in it that need to be I believe we need to adopt a comprehensive regulations within 3 months to require hedge plan for the regulation of over-the-counter funds that are engaged in derivatives trading closed, I believe we are headed in the derivatives markets. As a key component of to register with the CFTC. right direction to make sure a finan- this reform, we should subject all derivatives The Administration has proposed that all cial crisis of this magnitude never oc- dealers to: advisers to hedge funds (and other private curs again. conservative capital requirements; pools of capital, including private equity As a result of the greed, the reckless- business conduct standards; funds and venture capital funds) whose as- record keeping requirements (including an ness, and the illegal behavior of Wall sets under management exceed a certain audit trail); Street, our country has been thrown threshold should be required to register. If reporting requirements; and into a deep recession which has caused conservative margin requirements. confirmed, I will work closely with the Con- intense suffering for millions of our gress to pass legislation that will mandate The CFTC should have the authority to people. We need to end the current era protect against fraud, manipulation, exces- registration of hedge fund advisers as part of a comprehensive package of regulatory re- of financial deregulation which largely sive speculation, and other market abuses caused this crisis and move to a new within the OTC derivatives markets, includ- form. In addition, if confirmed, I will work ing all energy derivatives, and by the deriva- with the agency staff to review all pre- Wall Street which understands the tives dealers. viously granted exemptions from registra- need for long-term productive invest- Working with the Congress, such authori- tion as commodity pool operators. ment and job creation rather than ties to subject dealers to business conduct Furthermore, as part of the comprehensive short-term profits, outrageous salaries, standards and to protect against market reform of the derivatives market, the CFTC and a bubble economy. We need to abuses could include the establishment of should have the authority to police all ac- break up financial institutions that are rules relating to conflicts of interest. If con- tivities in the OTC derivatives markets—in- cluding transactions entered into by hedge too big to fail. If a company is too big firmed, I look forward to working with other to fail, that company is too big to Federal agencies and the Congress to achieve funds. If confirmed, I look forward to work- these objectives. ing with other Federal agencies and the Con- exist. We should do the same thing to 3. (a) Work with the Federal Reserve to gress to achieve these objectives. the banking industry that Teddy Roo- prohibit bank holding companies from trad- 6. Mr. Gensler should support revoking all sevelt did to break up the oil compa- ing in energy commodity derivatives mar- ‘‘no-action’’ letters for Foreign Boards of nies. And we should stand up today, on kets and owning energy infrastructure as- Trade that solicit or accept business from behalf of the American people, to our sets. the U.S. modern-day robber barons. Most impor- Given the recent changes in the structure I support actions to close the ‘‘London tantly, we need to end the era of de- Loophole’’ and ensure that foreign futures and composition of the financial and energy regulation that has led to the worst fi- industries this is an important issue. Gen- exchanges with permanent trading terminals erally, I believe the CFTC must be ever vigi- in the U.S. comply with the position limita- nancial crisis since the Great Depres- lant in its oversight to protect the public tions and reporting and transparency re- sion. against fraud, manipulation, excessive spec- quirements that are applied to trades made While I am still not convinced that ulation, and other market abuses in the en- on U.S. exchanges. Furthermore, I believe Mr. Gensler is the independent leader ergy, agricultural and financial commodity any foreign futures exchanges that have ter- we need at this time to head the CFTC, markets. As described in my answers above, minals in the United States to which our in- the strong commitments he has made we need to adopt a comprehensive plan for vestors have access and whose contracts are recently in support of serious regula- the regulation of over-the-counter deriva- based on the same underlying commodities tions of the financial industry lead me tives—including those trading energy deriva- should have consistent regulation applied, to believe he now understands the di- including position limits. tives. This should subject all dealers, includ- rection we as a nation have to go. Mr. ing those held by bank holding companies, to If confirmed by the Senate, I look forward a robust regime of prudential supervision to working with the Congress to give the Gensler certainly is a knowledgeable and regulation. More specifically, I believe CFTC unambiguous authority to promulgate person and he has the ability to do a that derivatives dealers, including those held rules and standards to achieve these goals. very fine job if he is willing, in fact, to by bank holding companies, should be sub- Such rules and standards governing treat- stand up for the American people and ject to business conduct standards as de- ment of Foreign Boards of Trade should re- assume the courage, the great deal of scribed in Question 2, and speculative posi- place the issuance of ‘‘no-action’’ letters in courage, he will need to stand up to the tion limits as described below in Question this regard. very powerful financial institutions 3(b). Mr. SANDERS. Mr. President, need- which have so much control over what If confirmed, I look forward to working less to say, I am encouraged by the with the Federal Reserve, other regulators, goes on here in Congress. In fact, this the Administration, and the Congress on this commitments Mr. Gensler made to me may be Mr. Gensler’s ‘‘Nixon in China’’ important issue. to regulate hedge funds, to make sure moment. (b) The CFTC should promulgate rules to banks are not allowed to manipulate I hope this turns out to be the case, make sure that all bank holding companies the price of heating oil and crude oil, and I look forward to working with Mr.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12847 Gensler as he assumes the Chair of the nancial crisis. The unfettered specula- on the reforms that need to be passed CFTC. tion that resulted helped bring about into law. I yield the floor. not only the energy crisis in my region I will be looking to the CFTC to do The PRESIDING OFFICER. The Sen- but decades of other problems that con- its job, to prevent excessive specula- ator from Washington is recognized. tributed to the demise of AIG, Lehman tion from stopping the Nation’s eco- Ms. CANTWELL. Mr. President, I Brothers, and Bear Sterns. nomic recovery. rise today to discuss the administra- I believe we need new blood at the I will be looking to Mr. Gensler to tion’s truly historic announcement last CFTC and all regulatory agencies. We earn the trust of Congress and provide week that in writing they supported need people who will move us from a oversight over the commodities and de- bringing unregulated ‘‘dark’’ over-the- world of unregulated toxic assets to a rivatives markets. counter derivative markets under full world of transparency and aggressive Mr. DURBIN. I rise to support the regulation for the very first time. oversight. For nearly three decades the nomination of Gary Gensler for Chair- For months I have been urging the financial industry has had its way in man of the Commodity Futures Trad- Obama administration to move quickly Washington, successfully pushing de- ing Commission. and propose strong regulatory controls regulation in the name of innovation. I have a keen interest in the leader- on these markets, to require trans- Time-tested regulatory policies that ship of the CFTC, based on my chair- parency in derivatives trading, and to protected investors and consumers manship of the appropriations sub- restrict market manipulation. since the Depression were systemati- committee that funds the agency and With the announcement last week by cally eroded. Many factors led to the because the state of Illinois is home to Secretary Geithner of these new regu- present economic meltdown, but we some of the most important futures ex- lations, the administration has come know that chief among them was the changes in the world. During this crisis down decisively against dangerously policy advocated by Mr. Gensler of not of confidence in our economic system, unrestricted trading. They have come fully regulating the derivatives mar- the CFTC needs a Senate-confirmed down on the side of imposing order on ket. chairman at the helm to oversee this a marketplace whose collapse made the A decade ago, at the end of the 106th complex and growing industry. current recession much deeper and Congress, in the dark of night, Con- Mr. Gensler’s experience includes more painful for average Americans gress passed a law known as the Com- stints on Wall Street, in the Clinton than it needed to be. modities Futures Modernization Act. Treasury Department, and with the The administration’s commitment to But instead of modernizing commod- Senate Banking Committee. He knows bringing a ‘‘dark’’ market into light is ities trading, it took us back in time to how the world of futures trading very important. Congress has received the day when securities trading was works, and he understands how to get a written commitment from the ad- subject to wild speculation. This law, things done at both ends of Pennsyl- ministration that they will bring the backed by Mr. Gensler, provided iron- vania Avenue. unregulated over-the-counter deriva- clad protection against regulation and He is going to need that expertise. tives market under full regulation for oversight of derivatives and has caused Last week, Treasury Secretary the very first time. many problems. One courageous regu- Geithner announced the administra- This means they have correctly iden- lator at the time, then CFTC chair- tion’s proposal for reregulating the tified three goals of regulatory reform woman Brooksley Born, warned Con- over-the-counter derivatives markets. of the over-the-counter derivatives gress and the financial community If confirmed, Mr. Gensler will be markets. First, if Congress and the ad- that unregulated derivatives would ex- charged with implementing much of ministration push through, we will fi- pose the economy to serious dangers. that vision. The proposal will require nally gain transparency in the ‘‘dark’’ But some in Washington blocked her far more transparency and responsi- markets. All derivatives transactions efforts, including many on Wall Street. bility from derivatives traders that and dealers will be brought under pru- One high-ranking Treasury official have long operated in the shadows. The dent regulation and supervision. That charged with pushing these deregula- massive derivatives exposures taken on means even those that are customized tion bills through Congress was Gary by AIG and other largely unregulated derivatives, not just the OTC market; Gensler, a former high-ranking execu- financial firms can’t continue. Mr. so prudent regulation and supervision, tive at Goldman Sachs. As Under Sec- Gensler will be responsible for seeing including capital adequacy require- retary of the Treasury, Mr. Gensler to that. ments, antifraud and antimanipulation testified before Congress that he op- Mr. Gensler will also be charged with authority, very clear transparency and posed regulating the derivatives mar- eliminating the excessive speculation reporting requirements. ket. Mr. Gensler, as we know, was in the oil and agriculture markets that Second, standardized trading of phys- wrong. Just yesterday Brooksley Born helped lead to $140 barrels of oil last ical commodities and derivatives will received recognition for her courage in summer. I worked with many of my finally be required to trade on fully standing up to the powerful financial colleagues to attempt to address that regulated exchanges. interests in proposing tough rules. She issue last year, and many regulatory Third, the administration is also was presented with the Profile in Cour- improvements were included in last committed to opposing position limits age award by the John F. Kennedy year’s farm bill. But the CFTC can do on regulated markets to prevent any Foundation. more. market player from amassing large po- Remarkably, the Senate is now con- I met with Mr. Gensler in my office sitions that can harm markets. I have sidering confirming Mr. Gensler to several months ago after President received assurances from the White serve as chair of the CFTC, the same Obama nominated him for this posi- House that the administration believes agency Brooksley Born chaired and the tion. I asked him about his role during these position limits should be applied same agency Mr. Gensler worked so the Clinton administration in which he in the aggregate across all markets. hard to defang in his previous tenure as advocated weakening CFTC oversight I still remain concerned about Mr. Under Secretary of the Treasury. That over futures trading. Mr. Gensler ad- Gensler’s nomination to chair the Com- is why I oppose his confirmation to run mitted that those reforms had gone too modities Futures Trading Commission. the CFTC at a critically important far, that he had learned from those Mr. Gensler was at the Department of time when we need more financial reg- mistakes, and that more sensible regu- the Treasury a decade ago and helped ulation in these agencies. In the lation by the CFTC is needed. I expect push through a bill, passed by Con- months ahead I will be looking forward him to stick to that sentiment and to gress, that provided an ironclad protec- to working with the CFTC and the aggressively monitor trading under the tion against the regulation of financial President’s working group on financial CFTC’s jurisdiction. products such as credit default swaps markets and the Department of the I look forward to working with Mr. and derivatives at the heart of this fi- Treasury to actively engage Congress Gensler to ensure that the CFTC is

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12848 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 adequately funded and that the agency derful daughters: Anna, Lee and Isabel. sult in banks making very risky bets provides strong and sensible regulation He has tried to help others whose loved which would ultimately lead to mas- under his leadership. The future sta- ones have cancer, and he was honored sive taxpayer bailouts to save the fi- bility of our economy depends on it. for his work on behalf of the American nancial system. Ms. MIKULSKI. Mr. President, I rise Cancer Society. I regret that I was right. We now today in support of Gary Gensler’s President Obama has inherited a know the disastrous consequences of nomination to be Chairman of the mess. Our economy is teetering and the push to deregulate. We will long re- Commodity Futures Trading Commis- people have lost faith in the institu- gret repealing the protections put in sion. tions that are supposed to protect place after the Great Depression of the I have known Gary for many years— them. We need a Chairman of the CFTC 1930s and the view that the market when he worked in the Senate during who will enforce our laws, reform our knows best and regulation was the the Clinton administration, and as a regulatory system and guard us enemy. community leader in Maryland. I know against fraud and abuse. I have full The costs for these views and actions him to be a man of principle and great confidence that Gary Gensler is up to have been monumental. Taxpayers and intelligence with a deep understanding this challenge. He will be a strong, ef- American families have paid the price. of all areas of domestic finance and fective and reform minded Chairman of Our government has spent, lent or how to turn ideas into workable policy. the Commodity Futures Trading Com- guaranteed more than $13 trillion re- During this time of great financial tur- mission. I urge my colleagues to sup- sponding to the financial meltdown. In moil and uncertainty, we need someone port his nomination. addition, U.S. household wealth has de- with these skills to lead the Com- Mr. DODD. Mr. Chairman, I rise in creased by almost $13 trillion as home modity Futures Trading Commission. support of the President’s nomination values plummet and stock markets I enthusiastically support Gary of Gary Gensler to be the Chairman of crash. Gensler’s nomination for this impor- the Commodity Futures Trading Com- But, that is not all. As our gross do- tant position on President Obama’s mission. I have known Gary for some mestic product goes down, our unem- economic team, and I applaud the ad- time and believe he is a dedicated and ployment rate goes up, getting close to ministration for working to address my thoughtful public servant who has 10 percent, and, when combined with colleagues’ concerns so Gary can fi- emerged over the years as a leader those working part time who want to nally be confirmed. within his field and a person of real in- work full time, is actually higher than I have three criteria for considering tegrity. 15 percent. nominees: competence, dedication to Mr. Gensler’s previous career with However, we must not forget that the the mission of the department, and in- the investment banking firm of Gold- real cost of these disastrous policies is tegrity. Gary Gensler clearly meets man Sachs and in the Treasury Depart- much more than dollars and statistics. these criteria. His experience in all ment, as well as his new work assisting The real costs are lifetime savings van- areas of domestic finance is stellar. He this administration, along with his in- ished, jobs lost, careers shattered, has worked in the executive branch, telligence, experience and personal homes foreclosed, neighborhoods de- the Congress and on Wall Street. He skills, will enable him to be an effec- stroyed, retirements deferred, colleges was a top economic adviser to Senator tive Chairman of the CFTC. unaffordable and the American dream Paul Sarbanes on the Senate Banking I am aware of his work in connection for too many of our neighbors dev- Committee. And he worked under with the Commodity Futures Mod- astated. Larry Summers during the Clinton ad- ernization Act of 2000, a bill that con- Now that all this wreckage has hap- ministration as Under Secretary of tributed to deregulation of derivatives pened and now that he has been nomi- Treasury. markets. With the benefit of hindsight, nated for the CFTC, Mr. Gensler has The Commodity Futures Trading we can see the harms that an absence stated that he has changed his views on Commission is an essential part of the of regulation over credit default swaps, the need for and importance of regula- financial regulatory system. Its deci- for example, can cause and the need for tion. I welcome those new views and sions affect everyone who purchases regulation in the derivatives markets. look forward to him putting his words food or commodities including con- I have talked with him about these reg- into action. If he does, I will be one of sumers and small businesses. I have al- ulatory issues, and I know he recog- the first to come to the floor to ap- ways stood for strong regulation with nizes the importance of an energetic, plaud him. teeth. I applaud President Obama for assertive regulatory approach. I met with him privately and Mr. choosing an economic team that is I fully expect Mr. Gensler to use his Gensler was candid and forthright committed to this kind of reform. And talents and skills to effectively regu- about changing his views. In our meet- I am convinced Gary will be a great late the markets, learn from the past ing and in his testimony before the asset in carrying it out. and exercise his clear and independent Senate Agriculture Committee, Mr. We faced similar challenges in 2003. judgment to protect and promote the Gensler made clear that he now under- Enron had just exposed giant cracks in integrity of the futures markets, and stands how important the CFTC is as our regulations, flushed the savings of to protect taxpayers. I expect the Sen- one of the key regulatory agencies hundreds of thousands of people, and ate will continue to exercise oversight charged with protecting the integrity put our broader economy at risk. Con- of decisions made by the CFTC that of our markets. gress needed to act boldly to set up may impact the broader financial mar- I stressed to him that America can new regulations, just as we do now. kets. no longer afford a do-nothing CFTC. Those new regulations were called Sar- Mr. DORGAN. Mr. President, I wish The CFTC has to be a cop on the beat. banes-Oxley. They were championed by to address today’s vote to confirm Mr. It has to vigilantly monitor the com- Senator Sarbanes and his top economic Gary Gensler as a Commissioner and modities markets and aggressively act advisor at the time—Gary Gensler. Chairman of the Commodities Futures to ensure that they are not being ma- They rewrote the rules of corporate Trading Commission, CFTC. I have se- nipulated or distorted by speculators America. They made business more ac- rious reservations about this nomina- or anyone else. It has to act quickly in countable, shined light where others tion and am voting against it. Let me an unbiased and nonideological manner were afraid to look and stood up to big explain why. to protect those markets and con- business. Mr. Gensler was a key proponent of sumers. Gary has integrity and a strong fam- deregulation in the late 1990s and he In my view, Mr. Gensler does not ily. I have gotten to know Gary and his specifically advocated that swaps and have to wait to put his words into ac- family as his wife Franchesca struggled other derivatives not be regulated. I tion. Last year, the CFTC acted like and succumbed to breast cancer. I saw had the opposite view. I argued at the the three monkeys: see nothing, hear the strength of Gary and his three won- time that such deregulation would re- nothing, and do nothing, as oil prices

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12849 skyrocketed from $50 to almost $150 Gary led the Securities & Exchange HELPING FAMILIES SAVE THEIR and a gallon of gas approached $5. Like Commission Agency Review Team for HOMES ACT OF 2009 a parrot, the CFTC said over and over the Obama-Biden Presidential Transi- The PRESIDING OFFICER. Under this was caused by the fundamentals of tion Team. the previous order, the Senate concurs supply and demand, ignoring all facts Before Gary joined Treasury, he in the amendment of the House to S. to the contrary, including massive worked on Wall Street for 18 years at 896, and the motion to reconsider is speculation from Wall Street pouring Goldman Sachs. He became a partner considered made and laid upon the investment cash into the commodities at the age of 30—at that time, one of table. markets. the youngest partners in the firm’s his- f The CFTC must investigate whether tory. He joined the firm in the mergers or not speculators were able to manip- and acquisitions department in 1979 SUPPLEMENTAL APPROPRIATIONS ulate and distort the commodities mar- and assumed responsibility for the ACT, 2009 kets. I believe they did and they will do firm’s efforts in advising media compa- Mr. REID. Mr. President, I ask unan- it again unless they are thoroughly in- nies in 1984. He subsequently joined the imous consent that the Senate proceed vestigated by an agency that takes its fixed income division in the mortgage to Calendar No. 63, H.R. 2346, the Sup- mission to protect markets and con- department and then directed Gold- plemental Appropriations Act, and sumers seriously. man’s fixed income and currency trad- that once the bill is reported, Senator While I am prepared to be surprised ing efforts in Tokyo during two record INOUYE be recognized to call up the by Mr. Gensler and I hope I am, I sim- years. His last role was cohead of fi- substitute amendment which is at the ply cannot vote for someone to lead nance, responsible for worldwide con- desk and is the text of the Senate com- such an important agency after he had trollers and treasury for Goldman mittee-reported bill, S. 1054; that the such a critical role in ensuring that Sachs. substitute amendment be considered derivates were not regulated, which Gary graduated summa cum laude and agreed to; the bill, as amended, be caused so much devastation across our from the University of Pennsylvania’s considered as original text for purpose country. I look forward to Mr. Gensler Wharton School in 1978, with a bach- of further amendments; and that no proving my concerns unwarranted. elor of science in economics. He re- points of order be waived by virtue of Mr. CARDIN. Mr. President, I have ceived a master’s of business adminis- this agreement. known Gary Gensler for many years in tration from the Wharton School’s The PRESIDING OFFICER (Mr. both a personal and professional capac- graduate division in 1979 and passed the KAUFMAN). Without objection, it is so ity and I believe he is an ideal choice Certified Public Accountancy exam. ordered. to chair the Commodity Futures Trad- Gary is a member of the board of En- Mr. REID. Before Senator INOUYE is ing Commission, CFTC. He will draw terprise Community Partners, the recognized, let me say to the Senate, on his many years of experience to help Park School, the RFK Memorial Foun- this is one of the most crucial pieces of the President create a 21st century reg- dation, and the Washington Hospital legislation we will deal with this entire ulatory framework to ensure that an Center. He also serves as audit com- Congress. It involves funding of the economic crisis like the one we are ex- mittee chair of Strayer Education, troops in Iraq and Afghanistan. We periencing will not happen again. Inc., and WageWorks, Inc., and he wish to make sure everyone who has Today, we face a crucial time for the serves on advisory boards for Johns any concern about any provision of commodities markets, for our financial Hopkins University Center for Tal- this bill has the opportunity to try to system, and for our entire Nation. The ented Youth and New Mountain Cap- change it any way they want. We want failure of the regulatory framework ital. He previously was treasurer of the to get this done as quickly as possible. that governs our financial markets Baltimore Museum of Art and The We want to make sure everyone has helped create the current economic cri- Bryn Mawr School, as well as a board the opportunity to do what they be- sis. member of East Baltimore Develop- lieve is appropriate. Finally, what I As we look forward to fixing the sys- ment, Inc., and the University of Mary- wish to say is, we are very fortunate, temic problems in our Nation’s econ- land Baltimore County. as a Senate and a country, to have the omy, the CFTC Chairman will play a We all know that we face a grave two managers of this bill. I have stated crucial role. We need someone with the time for our economy. But we also face many times my affection and admira- tremendous depth and breadth of expe- a time of tremendous opportunity to tion for Senator INOUYE. He is a person rience that Gary Gensler possesses. learn from past mistakes and make whom the history books have already Gary served in the Department of certain they are not repeated. I know written about. Not only is he a heroic Treasury from 1997 to 2001, first as As- that Gary Gensler will draw on his person in the fields of war but also in sistant Secretary for Financial Mar- many years of experience in the public the fields of legislation. His colleague, kets and later as Under Secretary for and private sectors to help the new ad- Senator COCHRAN, is a person who has Domestic Finance. As Under Secretary ministration guide our economy wide respect on both sides of the aisle. of the Treasury, Gary was the senior through these troubled times to a He is someone I have traveled parts of adviser to Treasury Secretary Robert stronger future. the world with. I have been working Rubin and later to Secretary Lawrence Mr. President, I suggest the absence with him for a quarter of a century. He Summers on all aspects of domestic fi- of a quorum. has been here longer than I have, but nance. The office was responsible for The PRESIDING OFFICER. The that doesn’t take away from the fact formulating policy and legislation in clerk will call the roll. that I recognize what a good Senator the areas of U.S. financial markets, The assistant legislative clerk pro- he is and how fortunate are the people public debt management, the banking ceeded to call the roll. in Mississippi to have him working on system, financial services, fiscal af- Mr. REID. I ask unanimous consent this legislation and all other matters. fairs, Federal lending, and government- that the order for the quorum call be He is someone I can go to and there is sponsored enterprises. In recognition rescinded. no flimflam with COCHRAN. He tells for this service, Gary was awarded The PRESIDING OFFICER. Without you: I can’t help you, here is what I Treasury’s highest honor, the Alex- objection, it is so ordered. want you to do. I think we will be well ander Hamilton Award. He subse- served during this debate. quently acted as a senior adviser to f The PRESIDING OFFICER. The Re- Senator Sarbanes, who chaired the publican leader. Senate Banking Committee, on the LEGISLATIVE SESSION Mr. MCCONNELL. Mr. President, I Sarbanes-Oxley Act, which reformed The PRESIDING OFFICER. Under say to my good friend the majority corporate responsibility, accounting, the previous order, the Senate will re- leader, I understand he has laid down and securities laws. More recently, sume legislative session. an amendment to be offered by the

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12850 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 chairman of the Appropriations Com- leadership on this bill. I particularly We know what happened when you mittee, our good friend from Hawaii, thank Senator INHOFE, who has been had a terrorist trial in Alexandria, VA. and Senator INHOFE related to Guanta- one of our leaders on this subject for a Ask the mayor of Alexandria. The namo. I am pleased the majority has long time and reminded everyone today Moussaoui trial—it made their commu- recognized that the President’s policy that he was down at Guantanamo not nity a target for attacks. When they of putting an arbitrary deadline on the too long after 9/11 and has been there a moved Moussaoui to and from the closing of Guantanamo is a mistake. A number of times. I have been there my- courtroom, they had to shut down first step toward moving us in the di- self. We all know it is a state-of-the-art large sections of the community. rection of getting a new policy is to facility in which the detainees are ap- It raises all kinds of problems if you prevent funding in this bill or any propriately and humanely treated. bring a terrorist to U.S. soil, about other bill from being used for the pur- With that, Mr. President, I yield the whether they are going to be granted, pose of closing Guantanamo. What we floor. in effect, more rights by having the need to remember is that Guantanamo The PRESIDING OFFICER. The ma- Bill of Rights apply to them in a Fed- is a $200 million state-of-the-art facil- jority leader is recognized. eral court system than a U.S. soldier ity. It has appropriate courtrooms for Mr. REID. Mr. President, I have tried in a military court. There are lots the military commissions we estab- never known JOHN MCCAIN or certainly of very complicated issues, which led lished a couple years ago at the direc- President Bush to base their foreign both Senator MCCAIN, who is fully able tion of the Supreme Court. No one has policy on how the Europeans felt. Cer- to speak for himself on this issue, and ever escaped from Guantanamo. tainly, President Obama also bases his President Bush to never put a specific We need to think, once again, about not strictly on how the Europeans feel timetable for closure. That is the dif- the rightness of the policy of closing about anything he does. I agree with ference between their position and the this facility. It presents an immediate President Bush and JOHN MCCAIN that position of the President. dilemma. Among the 250 or so people Guantanamo should be closed. And we Having said that, the President has who are left there now are some of the Democrats believe that President demonstrated, as I said earlier, a lot of most hardened terrorists in the world, Obama is following the direction of flexibility on these national security people who planned the 9/11 attacks on others who have laid out the fact that issues. I am hopeful he will continue to this country. We know how the Senate it should be closed. work his way in the direction of a pol- The decision to close Guantanamo feels about bringing them to the icy that will keep America safe. was the right one. Guantanamo makes Mr. President, I yield the floor. United States. We had that vote 2 us less safe. However, this is neither The PRESIDING OFFICER. Under years ago. It was 94 to 3 against bring- the time nor the bill to deal with this. the previous order, the Senate will pro- ing these terrorists to the United Both Democrats and Republicans ceed to the consideration of H.R. 2346, States. What we need is to rethink the agree. The Democrats, under no cir- which the clerk will report. policy of closing this facility. If our ra- cumstances, will move forward without The bill clerk read as follows: tionale for closing it is to be more pop- a comprehensive, responsible plan from A bill (H.R. 2346) making supplemental ap- ular with the Europeans, I must say we the President. I believe that is bipar- propriations for the fiscal year ending Sep- don’t represent the Europeans. We rep- tisan in nature. I think the Repub- tember 30, 2009, and for other purposes. resent the people of the United States. licans agree with that. And we will The PRESIDING OFFICER. The Sen- We have a pretty clear sense of how the never allow terrorists to be released ator from Hawaii. people in this country feel about bring- into the United States. That is what Mr. INOUYE. Mr. President, I wish to ing these terrorists to the United this is all about. thank both leaders of the Senate for States. I think this is the best way to ap- their gracious remarks. I congratulate our good friends in the proach this. I think the President will Today, the Senate will begin to con- majority. They are heading in the right come up with a plan. Once that plan is sider the request for supplemental ap- direction. We know the President on given to us, then we will have the op- propriations for fiscal year 2009. As we national security issues has shown portunity to debate his plan. Now is all know, the President has requested some flexibility in the past. For exam- not the time to do it. $84.9 billion in new budget authority, ple, he changed his position on releas- The PRESIDING OFFICER. The Re- first, to cover the costs of ongoing op- ing photographs of things that oc- publican leader is recognized. erations in Iraq and Afghanistan, and curred at Abu Ghraib. He changed his Mr. MCCONNELL. Mr. President, I it includes funds for the supporting position on the using of military com- will add that both President Bush and costs to those operations, and to pre- missions and has now rethought that Senator MCCAIN indicated they would pare for natural disasters, including and opened the possibility that maybe like to close Guantanamo but never wildfires and the swine flu. In addition, military commissions established by suggested a specific time for doing it. last Tuesday, the administration re- the previous administration and this The reason for that is they were con- quested proposals to increase the bor- Congress are a good way to try these fronted with the realities of this deci- rowing power of the International Mon- terrorists. He rethought his position on sion. If there were a specific timeline, etary Fund. This proposal would cost Iraq and moved away from an arbitrary it was difficult to figure out what to do $5 billion under the scoring of the Con- timeline for withdrawal. We know he with the detainees. gressional Budget Office. has now ordered a surge in Afghanistan In addition to that, this administra- After reviewing the President’s re- led by the same people who orches- tion—at least the Attorney General— quest, the proposals made by the com- trated and led the surge in Iraq which has indicated there is a possibility they mittee and included in the rec- was so successful. So the President has are going to allow some of the Chinese ommendation before you total $91.3 bil- demonstrated his ability to rethink terrorists, the Uighars, to be released lion, $1.3 billion above the President’s these national security issues. in the United States not in a prison. In estimate. This amount is $5.4 billion I am confident and hopeful he will other words, presumably they would be below the measure just passed by the now, getting this clear message from walking around in our country. So this House. I would point out that the both the House and the Senate on the issue is not totally behind us. House did not consider the $5 billion re- appropriations bill, begin to rethink Again, I congratulate our friends on quest for the IMF by the administra- the appropriateness of an arbitrary the other side for their movement on tion. timeline for the closing of Guanta- this issue. All these problems have not The President requested funding in namo. yet been solved. We all want to protect four basic areas: national defense, I fully intend to support this amend- the homeland from future attacks. We international affairs, protection ment. I hope all Members of the Senate know incarceration at Guantanamo against swine flu, and funding in re- will. I thank Senator INOUYE and Sen- has worked. No one has ever escaped sponse to natural disasters, all of ator COCHRAN, who is here, for their from Guantanamo. which I will briefly discuss.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.000 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12851 The President’s request included $73.7 add funding to the bill will be subject This recommendation is $1.5 billion billion for items under the jurisdiction to a Budget Act point of order unless it more than the administration’s request of the Defense Subcommittee. The is offset. and will help speed the delivery of an committee has provided $73 billion for This is an important bill which re- ‘‘All Terrain’’ version of the vehicle to this purpose. The remaining $700 mil- sponds to the requirements of our men Afghanistan where harsh terrain chal- lion was requested for programs that and women in uniform and to members lenges the mobility of our forces. more appropriately are funded by other of our population who have been rav- The committee also recommends $332 subcommittees, such as Military Con- aged by natural disasters. It also seeks million above the President’s request struction; Commerce, Justice, State; to protect our people and our country to fund urgent requirements identified and Homeland Security. So in this with funding to deter wildfires and the by the Secretary of Defense’s Intel- mark, we recommend transferring swine flu, in addition to terrorists. ligence, Surveillance, and Reconnais- these funds to the relevant subcommit- This is a good bill. It is necessary to sance Task Force. These funds will be tees. deal with a myriad of problems. We used to procure additional sensors, I would note there are several dif- should act expeditiously to pass it, get platforms, and communication systems ferences between the specific items re- it to conference, and on to the Presi- that are critical for finding and neu- quested and the amounts recommended dent for his signature. Therefore, I join tralizing al-Qaida and insurgent forces. by the committee. For example, the my leaders in urging my colleagues to To maintain the readiness of our committee recommended $1.9 billion to help us attain quick passage of this forces, the bill includes an additional cover the costs of higher military per- very important measure. $246 million above the President’s re- sonnel retention and other necessary Mr. President, I yield to the vice quest for the Navy’s P–3 surveillance personnel bills. chairman of the committee. aircraft. These planes are not only used The PRESIDING OFFICER. The Sen- We provide an additional $1.55 billion for maritime patrol, but also to sup- ator from Mississippi. port Army and Marine ground forces in for the purchase of the all-terrain Mr. COCHRAN. Mr. President, I am Iraq and Afghanistan. The funds will MRAP vehicle and $500 million for pleased to join the distinguished chair- allow the Navy to procure wing kits equipment for our National Guard and man of the Committee on Appropria- Reserve forces. The committee also ad- tions in presenting to the Senate the needed to address structural fatigue dressed the readiness needs of the Navy fiscal year 2009 supplemental appro- issues that have led to the grounding of and provides for an increase in the en- priations bill. This bill includes fund- many of these aircraft. The committee also recommends $190 hancement of our intelligence surveil- ing to combat violent extremism in million above the President’s request lance and reconnaissance capabilities. Iraq and Afghanistan, and supports For the Department of State and other emergency requirements both at for ship depot maintenance to address other international affairs funding, in- home and abroad. damage done to three Navy vessels dur- cluding the IMF, the committee rec- This bill includes funding for the men ing recent mishaps. These repairs are ommends $11.9 billion, nearly the same and women in the Armed Forces and truly unforeseen emergencies, and the as the amount requested. The com- our diplomatic corps, and gives them funds in this bill will help ensure these mittee recommendation is similar to the resources necessary to carry out ships return to the operational fleet as that requested, but I would note that the missions assigned to them by our soon as possible. additional funding has been allocated Government. Although the President’s request did for Jordan and for the Global AIDS I commend the distinguished chair- not include funding in the National Program within the overall total. man for moving this bill in a timely Guard and Reserve equipment account, For military construction, the com- manner to ensure that our service men the committee recommends $500 mil- mittee is recommending $2.3 billion, and women have the resources they lion. Currently there are over 140,000 about the same as that sought by the need while still allowing time for the National Guard and Reserve personnel administration. Senate to carefully consider the bill. activated. This funding will help en- The committee has recommended $1.5 I hope this year we can complete ac- sure those personnel have the resources billion, as requested, for the swine flu, tion on the supplemental in time to necessary to perform their duties. and has worked with the administra- avoid putting the Secretary of Defense These funds will be used to procure tion to identify the best allocation of in a position where he is compelled to equipment for National Guard and Re- these resources among the relevant postpone acquisitions or transfer fund- serve units to be used to support com- Federal agencies. ing between accounts, and take other bat missions and taskings from State Funding of $250 million is rec- inefficient steps to maintain the flow Governors. ommended for fighting wildfires, and of resources to our troops in the field. The Defense title also contains $400 $700 million is provided for inter- This bill contains several important million for the Pakistan Counterinsur- national food assistance under PL–480. initiatives that will strengthen our gency Capability Fund. This new ini- The committee has responded to military’s ability to prosecute its mis- tiative proposed by the President is in- damage caused by natural disasters by sion and improve the overall readiness tended to bolster efforts to eliminate adding nearly $900 million to the of our forces. Several of these prior- terrorist safe havens in the rugged bor- amount requested for damage from ities were identified by the Department der region of Pakistan and Afghani- flooding in the Midwest and in response of Defense but were not included in the stan. I understand the legitimate con- to Hurricane Katrina. President’s request. We were able to cern raised by Senators who believe Each subcommittee was tasked with fund these additional needs while stay- that such a program should be adminis- reviewing the President’s request in ing within the overall spending level tered by the Department of State, but their jurisdiction and recommending requested by the President for Defense I believe the needs of the commanders funding both for items in the request programs. on the ground warrant short-term and other items necessary to meet le- The bill contains more than $18 bil- funding for the Defense Department gitimate emergency needs. lion for military pay and benefits, in- until this program can be effectively The vice chairman, Senator COCHRAN, cluding $1.9 billion to cover shortfalls transferred to the State Department. and I also offered each subcommittee not requested by the administration. While this supplemental is predomi- the opportunity to recommend ear- The bill also includes funding for con- nantly focused on American efforts marks or other nonemergency in- tinued operations, equipment repair abroad, I am pleased that the bill also creases so long as the costs were offset and replacement, and enhanced support responds to emergencies here at home. within existing funding. to wounded warriors and military fami- The bill includes several provisions to As the Senate considers this bill, I lies. aid in my State’s ongoing recovery would point out that under the budget The bill contains $4.2 billion for mine from Hurricane Katrina, including resolution, any item which seeks to resistant ambush protected vehicles. funding to restore the federally owned

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barrier islands that serve as the first The Senator from Hawaii [Mr. INOUYE], for I now yield to Senator INHOFE. line of protection for the Mississippi himself and Mr. COCHRAN, proposes an The PRESIDING OFFICER. The Sen- coastline. These islands were signifi- amendment numbered 1131. ator from Oklahoma. cantly diminished by Katrina, and ac- (The amendment is printed in today’s Mr. INHOFE. Mr. President, I thank cording to a Corps of Engineers’ study RECORD under ‘‘Text of Amendments.’’) the Senator for yielding. their restoration will go a long way to- The PRESIDING OFFICER. Under First of all, I heard the dialogue ward mitigating future damage. the previous order, this amendment is going back and forth on the amend- I greatly appreciate the bipartisan adopted and is considered as original ment and the positions taken several manner in which the chairman worked text, with no points of order being times in statements made, and there with me and other members on our side waived. are several people in this Chamber who in crafting this bill. He and his staff Mr. INHOFE. Mr. President, will the want to close Guantanamo Bay. have been very open to requests, even Senator yield? Let me make it very clear: I have while producing a bill that adds very Mr. INOUYE. Mr. President, I am never had any intentions of wanting to little to the top-line amount requested pleased to yield. close it. I keep asking: What would be by the President. AMENDMENT NO. 1133 the reason someone would want to In this bill, Chairman INOUYE made a Mr. INHOFE. Mr. President, I am a close an asset that we have that can’t sincere effort to respond to security little confused as to where we are. I be replaced anywhere else? My feeling concerns at Guantanamo Bay without have an amendment I do want filed. It was since there was no answer to that, denying outright the resources re- is amendment No. 1132 at the desk and since this is one of the few good quested by the President to analyze right now. I say to the senior Senator deals, I say to both the distinguished and implement closure of the facility. I from Hawaii that it is essentially the chairman and ranking member of the understand, however, that the funding same thing as the wording of an Appropriations Committee: Have you and language relating to Guantanamo amendment he will be bringing up. ever had a better deal than this? remain controversial. I anticipate My request of the Senator—and I It costs us $4,000 a month, the same these matters will be thoroughly dis- cleared this with the Senator from Mis- price it cost us back in 1903, and it is a cussed and that several Senators are sissippi—is that I be the first cosponsor great $200 million facility. It has facili- likely to propose amendments. on his amendment so that it would be ties to try these cases. They have the Senators may also have amendments the Inouye-Inhofe amendment. expeditionary legal complex there, relating to the International Monetary Mr. INOUYE. No question about that. which they don’t have anyplace else. Fund. The bill reported by the com- Is it the pending amendment at this So if you close that down, you couldn’t mittee includes language sought by the moment, the Inouye-Inhofe amend- have the tribunals. Somehow they President to expand the United States ment? might end up being—I am talking commitment to the IMF. This request Mr. INHOFE. Mr. President, I can about the terrorists—in our court sys- was submitted only a week ago, and clarify this. I had sent my amendment tem, in which case the rules of evi- there was very little time prior to the to the desk, which we don’t plan to dence are different. committee markup in which to consult take up, but I wanted it filed because So for any number of reasons, and be- with the relevant authorizing commit- we have a number of cosponsors who, I cause everyone who goes down there— tees and other experts. I am not aware am sure, will want to join me in co- and I am talking about even Al-Jazeera that there have been Senate hearings sponsoring the Inouye amendment, the media goes down and comes back on this request. I look forward to fur- since it is the same amendment. and shakes their heads and wonders ther discussion of this important sub- AMENDMENT NO. 1133 why we would want to close it. ject, but wish to express my concern The PRESIDING OFFICER. The So I want to go on record that I want that the manner in which this request clerk will report the amendment. to go further than just not funding has been presented could endanger the The bill clerk read as follows: Guantanamo, but also what we are timely enactment of this supple- The Senator from Hawaii [Mr. INOUYE], for going to be doing with some 245 detain- himself and Mr. INHOFE, proposes an amend- ees. Hopefully, we can end this discus- mental. I hope that is not the case. ment numbered 1133. I would like once again to thank the sion about closing an asset that has Senator from Hawaii for the manner in The amendment is as follows: served us very well for a number of which he has put this bill together. I (Purpose: To prohibit funding to transfer, re- years. lease, or incarcerate detainees detained at So I wholeheartedly support the look forward to working with him to Guantanamo Bay, Cuba, to or within the get the bill to the President in a timely Inouye amendment, which is the same United States) language I had in my amendment. I fashion, and to beginning work in ear- Strike section 202 and insert the following: nest on the regular fiscal year 2010 ap- think that will pretty much accom- SEC. 202. (a)(1) None of the funds appro- plish what I wish to accomplish. propriations bills. We have a busy sum- priated or otherwise made available by this The PRESIDING OFFICER. The Sen- mer ahead of us. Act or any prior Act may be used to transfer, I urge my colleagues on the Repub- release, or incarcerate any individual who ator from Mississippi. Mr. COCHRAN. Mr. President, I ask lican side who may have amendments was detained as of May 19, 2009, at Naval Sta- unanimous consent that the Senator to the supplemental to contact us so tion, Guantanamo Bay, Cuba, to or within the United States. from Alabama, Mr. SHELBY, be added as that we can make efficient use of the (2) In this subsection, the term ‘‘United a cosponsor to this amendment. Senate’s time. States’’ means the several States and the The PRESIDING OFFICER. Without Mr. President, I know the Senator District of Columbia. objection, it is so ordered. from Oklahoma wants to make a com- (b) The amount appropriated or otherwise Mr. INOUYE. Mr. President, I suggest made available by title II for the Depart- ment. I will yield first, though, to the the absence of a quorum. distinguished chairman. ment of Justice for general administration under the heading ‘‘SALARIES AND EXPENSES’’ The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- clerk will call the roll. ator from Hawaii. is hereby reduced by $30,000,000. (c) The amount appropriated or otherwise The bill clerk proceeded to call the AMENDMENT NO. 1131 made available by title III under the heading roll. (Purpose: In the nature of a substitute) ‘‘OPERATION AND MAINTENANCE, DEFENSE- Mr. INHOFE. Mr. President, I ask Mr. INOUYE. Mr. President, I send an WIDE’’ under paragraph (3) is hereby reduced unanimous consent that the order for amendment to the desk on behalf of by $50,000,000. the quorum call be rescinded. Senator COCHRAN and myself and ask The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without for its immediate consideration. ator from Hawaii. objection, it is so ordered. The PRESIDING OFFICER. The Mr. INOUYE. Mr. President, this Mr. INHOFE. Mr. President, let me clerk will report. amendment has been discussed rather do this, if it is all right with the Sen- The bill clerk read as follows: fully by our two leaders. ator from Hawaii. There are apparently

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12853 several people wanting to come down are talking about State legislatures. When President Obama was elected, and speak on this bill, and I think Sen- So that is over half of the State legis- he made it clear that we were going to ator DURBIN is going to be coming latures that are saying they wouldn’t have a clean break from some of the down. So while we are waiting, instead want to do that. policies of the past and we were going of sitting in a quorum call, let me men- So I think if we have an asset, if we to try to reestablish America’s position tion that on my bill we had Senators have something that is working, we are in the world—a position of leadership BARRASSO, BROWNBACK, DEMINT, in a position to keep detainees there. and respect. I think that is a goal JOHANNS, ROBERTS, THUNE, VITTER, Some of them have to be there for a Americans heartily endorse, both polit- SESSIONS, CORNYN, COBURN, HUTCHISON, long period of time. The only choice ical parties and Independents as well. and BENNETT, I believe, who all wanted would be to keep them there or to try The results of the November 4 election to be or were cosponsors of my amend- them. If you try them and there is no last year indicate that. ment. way of disposing of them after the When President Obama took office Since this is the same amendment, trial, they would have to go back. and said that the Guantanamo Bay de- they also requested that—some of them Right now, of the 245 detainees, there tention facility would be phased out wanted to come down and speak on be- are 170 of them whose countries would over a 1-year period of time, when he half of this amendment. So if it is ac- not take them back. So you have to said we were going to do away with ceptable, we could wait until they get ask the question: What would we do some of the interrogation techniques down here. Until they do, I wish to per- with them? that had become so controversial, I felt haps elaborate a little bit more about So the bottom line is this: It is a it was a statement of principle and it what is existing there right now in state-of-the-art prison. People are was, practically speaking, important terms of any problems. treated right. They have proper med- for our Nation to do. A lot of times people are talking ical care. They have better food than Arthur Schlesinger, Jr., a historian about maybe this is perceived by Euro- most of them have ever had before. Be- who died a couple of years ago, wrote peans, or somebody else, to be an insti- sides that, some of these are the Khalid histories of the United States begin- tution that sometimes is perhaps Sheikh Mohammed-type of individuals ning with the age of Jackson through guilty of or accused of torturing de- whom we want to be sure don’t get in F.D.R. and John F. Kennedy. Before he tainees. Let me assure my colleagues the wrong court system where some- died, he said: that has never happened. There has thing could happen to them. No position taken has done more damage never been a case of waterboarding. So of the 240 detainees now, 27 are to the American reputation in the world— ever. Most of the people who have come members of al-Qaida’s leadership cadre, back—including Eric Holder, the Attor- 95 lower level al-Qaida operatives, 9 The tragic images that emerged from ney General—came back with a report members of Taliban’s leadership cadre, Abu Ghraib and the stories that came that the conditions and the cir- 92 foreign fighters—that is 38 percent out afterwards, unfortunately, left an cumstances under which these detain- of all of them—and 12 Taliban fighters impression in the minds of people around the world that was mistaken— ees exist are probably better than any and operatives. These people are tough an impression that we were not a car- of our Federal courts. Right now, there guys. We are going to have to do some- ing, principled people. is one doctor for every two detainees, thing with them. So I do support the I think President Obama’s decision and they are giving them treatments Inouye-Inhofe amendment. to move forward toward the closing of I yield the floor. they never had before. I have been the Guantanamo Bay detention facility The PRESIDING OFFICER. The Sen- down there numerous times only to was the right decision, but it wasn’t ator from Illinois. find out that their treatment—the food just President Obama who came to Mr. DURBIN. Mr. President, I wish to they are eating and all of that—is actu- that conclusion. Closing the Guanta- speak to the pending amendment. ally better than they had at any other namo Bay detention facility is an im- The PRESIDING OFFICER. The Sen- time during their lifetimes. portant national security priority for ator is recognized. So it is very difficult to look at a our Nation. Many national security Mr. DURBIN. Mr. President, I want suggestion such as this. Seeing where and military leaders agree that closing to commend the chairman of the Ap- this, to me, is the only place in the Guantanamo will make us safer. world where they actually are set up to propriations Committee, Senator Let me give a few examples: General handle these types of detainees, the INOUYE, for this amendment he has of- Colin L. Powell, the former Chairman suggestion was made that perhaps they fered. President Obama is formulating of the Joint Chiefs of Staff and former wanted to—they were looking for 17 a plan in terms of the future of the Secretary of State under President places in the continental United States Guantanamo Bay detention facility Bush, Republican Senators JOHN to put these detainees. My view at that and any appropriation at this moment MCCAIN and LINDSEY GRAHAM, and time was that we would end up having would be premature. We should wait former Republican Secretaries of State 17 targets for terrorism. until the administration submits that James Baker, Henry Kissinger, and One of those places they suggested plan and then try to work to imple- Condoleezza Rice. was in my State of Oklahoma at Fort ment that plan on a bipartisan basis. The two most vocal supporters of Sill. So I went down to Fort Sill to What I find incredible are the Mem- keeping Guantanamo open are former look at the detainee facility there. Ser- bers of the Senate who are coming to Vice President Dick Cheney and talk geant Major Carter, who is in charge of the floor and basically suggesting that show host Rush Limbaugh. With all it, said to me: Senator, why in the the Guantanamo detention facility due respect, when it comes to the na- world would they close down Guanta- should stay open indefinitely; that tional security of the United States of namo? there is no reason to close Guanta- America, I will side with Colin Powell She said: I have been there on two namo. I don’t understand that think- and JOHN MCCAIN over Vice President different tours and there is no place ing. Wasn’t it President Bush of the Cheney and Rush Limbaugh. that can handle detainees better. Be- Republican Party who called for clos- According to experts, Guantanamo sides that, there is a court system ing Guantanamo? I thought he did. In Bay, unfortunately, has become a re- there where they can actually conduct fact, he did. I don’t recall the Repub- cruiting tool for al-Qaida that is hurt- tribunals, and there certainly is not in lican Senators standing up at that ing America’s security. Fort Sill, OK. point and objecting when President Let me give one example. Retired Air So in support of what we are doing Bush said that was his goal, to close Force MAJ Matthew Alexander led the with this amendment, some 27 States Guantanamo. interrogation team that tracked down now have expressed themselves that Mr. INHOFE. Will the Senator yield? Abu Musab al-Zarqawi, the leader of they don’t want to have these detain- Mr. DURBIN. No, I will yield when I the al-Qaida operation in Iraq, and this ees, any of them, in their States. We am finished. is what he said:

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12854 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 I listened time and again to foreign fight- tanamo in a way that will protect our Recent Republican attacks on Guanta- ers, and Sunni Iraqis, state that the number national security. One thing is emi- namo are more desperate attempts from a one reason they decided to pick up arms and nently clear, and it is almost painful demoralized party to politicize national se- join al-Qaida was the abuses at Abu Ghraib for me to have to say the words on the curity and the safety of the American peo- and the authorized torture and abuse at Senate floor, and if anybody suggests ple. Guantanamo Bay. . . . It’s no exaggeration Let me address one specific claim— to say that at least half of our losses and otherwise, I cannot imagine they would casualties in that country have come at the do it in good faith, but I will say them that transferring Guantanamo detain- hands of foreigners who joined the fray be- anyway. This President of the United ees to U.S. prisons will put Americans cause of our program of detainee abuse. States will never allow terrorists to be at risk. This is not a statement that comes released in America. Last week, Philip Zelikow, who was out of some leftwing publication. It is This President has set up three task the Executive Director of the 9/11 Com- a statement by a retired Air Force forces to review interrogation and de- mission and counselor to Secretary of major, Matthew Alexander. tention policies and conduct an indi- State Condoleezza Rice, testified before I visited Guantanamo Bay in 2006. I vidualized review of each detainee who the Judiciary Committee. Mr. Zelikow left proud of the good job our soldiers is currently held at Guantanamo. told me that it would be safe to trans- and sailors were doing there. They are These task forces are staffed by career fer Guantanamo detainees to U.S. fa- being asked to carry a heavy burden of professionals with extensive experience cilities and that we are already holding the previous administration’s policies. in intelligence and counterterrorism. some of the world’s most dangerous For many years, President Bush an- They will make recommendations on terrorists in the United States. nounced publicly that he wanted to how to close Guantanamo and what our Here are a few examples of those cur- close the Guantanamo detention facil- interrogation and detention policies rently being held in American prisons: ity, and there were no complaints from should be. We should give these na- Ramzi Yousef, the mastermind of the the Republican side of the aisle when tional security experts the time to con- 1993 World Trade Center bombing; 9/11 President Bush made that suggestion. duct a careful review and make their conspirator Zacarias Moussaoui; Rich- But President Bush didn’t follow recommendations. ard Reid, the so-called shoe bomber; through. The Obama administration’s ap- and numerous al-Qaida terrorists re- Now President Obama has taken on proach is in stark contrast to the pre- sponsible for bombing the U.S. Embas- the challenge of solving this problem vious administration, where policies sies in Kenya and Tanzania. that he inherited from the Bush admin- were made by political appointees with If we can safely hold these individ- istration. no background in counterterrorism. uals, I believe we can also safely hold I listened here as the previous speak- They ignored concerns expressed by Guantanamo detainees. I don’t know if er talked about the dangerous people FBI agents and military personnel with this will be part of the President’s rec- at Guantanamo. There is no doubt that years of experience in dealing with al- ommendation or plan. We are still some of them are dangerous and have Qaida. waiting for that. to be regarded as such, and releasing When the President issued his Execu- I should make it clear in this debate tive order, Republican Senators JOHN them would not be in the best interest that no prisoner has ever escaped from MCCAIN and LINDSEY GRAHAM said: of the security of the United States. a U.S. Federal super-maximum secu- But having said that, since Guanta- We support President Obama’s decision to rity facility. close the prison at Guantanamo, reaffirm namo was opened initially, the Bush President Obama inherited this administration released literally hun- America’s adherence to the Geneva Conven- Guantanamo problem from the pre- dreds of detainees who were brought tions, and begin a process that will, we hope, vious administration. Solving it will there, many of whom were later deter- lead to the resolution of all cases of Guanta- namo detainees. require leadership and difficult choices, mined by the Bush administration not and it will take some time. to be any threat or guilty of any That is a responsible statement. I ap- I think the decision by Senator wrongdoing. They were sent back to plaud my Republican colleagues for INOUYE to remove this money from the their countries of origin or to other stepping up and acknowledging that supplemental is the right decision. The countries that would receive them. this President is trying to do the right One particular case I am aware of in- thing. It doesn’t benefit the debate for supplemental covers the next 4 months. volves a young man who was from people to come here and create a spec- During that period of time, the Presi- Gaza. He was turned over as a sus- ter of fear, that somehow this Presi- dent will come out with his plan, and pected terrorist and sent to Guanta- dent—or any President—would be we can work forward from there. namo. He was sent there at the age of party to releasing dangerous people The President is showing that he is 19. He languished in Guantanamo for 6 into the United States. willing to lead and make hard deci- years, never being charged with any Last week, Senator LINDSEY GRAHAM sions. I urge my Republican colleagues wrongdoing. Just last year, his attor- said: to pay close attention to their col- ney was given a communication by our I do believe we need to close Guantanamo leagues, Senators MCCAIN and GRAHAM, Bay. I do believe we can handle 100 or 250 who I think have been reasonable in Government that said: We have found prisoners and protect our national security no evidence of wrongdoing by this man discussing this issue. We should not interests, because we had 450,000 German and play politics with national security. who is your client, and he is free to Japanese prisoners in the United States. So leave as soon as we can determine this idea that they cannot be housed some- Give the Obama administration a which country will accept him. A year where safely, I disagree. chance to present their plan for closing and 3 months have passed since then. But some Republicans have decided Guantanamo. As Colin Powell, JOHN He still sits in Guantanamo. He came to turn Guantanamo into a political MCCAIN, and many others have said, there at the age of 19; he is now 26. Is issue on the floor. Some have even closing Guantanamo is an important that justice in America? Is that an out- gone so far as to claim the President step toward restoring American values come we applaud? Do we want to keep wants to release terrorists into the and actually making America a safer Guantanamo open so he can continue United States. This is an absurd, offen- country. sitting there year after year? Of course sive, and baseless claim. I yield the floor. not. We want to detain those who are Our colleagues on the other side of The PRESIDING OFFICER. The Sen- dangerous and bring to trial those who the aisle are criticizing the President, ator from Nebraska is recognized. can be charged with criminal wrong- but the sad reality is that they have no Mr. JOHANNS. Mr. President, I rise doing. We want to release those who plan to deal with the Guantanamo today to commend President Obama on are innocent and of no harm to the problem. his recent decision to continue mili- United States. Richard Clarke, President George W. tary commissions at Guantanamo Bay. The President is taking the time to Bush’s first counterterrorism chief, I think the decision shows the Presi- carefully plan for the closure of Guan- said the following last week: dent’s realistic assessment of the value

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12855 of the commissions. Resuming them we would use, such as toothbrushes, and it indicated that 75 percent of will also ensure that justice will be toothpaste, soap, and shampoo. They Americans oppose releasing Guanta- brought to the suspected terrorists cur- have the opportunity to worship unin- namo detainees in the United States, rently awaiting the commission. The terrupted. They are provided prayer while only 13 percent support that. I President has also shown an invig- beads, rugs, and copies of the Koran. am willing to bet the numbers opposing orating commitment to winning the The Muslim call to prayer is observed the transfer of prisoners to the United war in Afghanistan, and he has resisted in the camps five times a day, followed States would skyrocket even higher, brash decisions to exit Iraq before the by 20 minutes of uninterrupted time to although that is hard to imagine, if security situation has been fully sta- practice their faith. In fact, we hap- you told people that the terrorist de- bilized. pened to be there during the call of the tainees would be held in a prison near However, today, I must temper my prayer, and the camp literally shuts their town. But if moved to the United comments with an admonition. The down to allow them to have that time. States, they have to be near some President needs to reverse his order to They have access to satellite TV and a town. close Guantanamo Bay. We are all fa- library with more than 12,000 items in The President submitted an $80 mil- miliar with the President’s Executive 19 languages, including magazines, lion funding request for the detainees order. It was signed in the first hours DVDs, and Arabic newspapers. I will to be transferred, despite having no of his Presidency. It announced the clo- bet their big-screen television—really plan outlining their destination. Fifty sure of the prison within 1 year. To say state-of-the-art television—is bigger million dollars of the President’s fund- the Executive order is short on detail than most in the average home in ing request would go to the Depart- is an understatement. We have learned America. ment of Defense to actually transfer that the Justice Department is review- Most remarkable, though, is the med- the detainees from the prison. But we ing the cases of the individual detain- ical care provided to detainees at don’t know where. This lack of a plan ees and that the President would like Guantanamo. Most people don’t realize and lack of transparency deeply dis- to move the detainees somewhere else. this, but detainees receive the same turbs me. That is really all the Executive order quality of medical care as the U.S. Alarmingly, two of the sites on U.S. tells us. servicemembers who guard them. They soil that some speculate would house About 240 detainees are now being have access to medical care anytime transferred detainees are at Fort Leav- held at Guantanamo Bay. The adminis- they need it, and there is a two-to-one enworth, KS, or the supermax facility tration claims that not every detainee detainee-to-medical-staff ratio. They in Colorado. Both facilities are within is a terrorist and that a few are kept at get preventive care, such as vaccina- 250 miles of the Nebraska border. That Guantanamo simply because other tions and cancer screenings. In addi- alarms me and my constituents. That countries are very slow to accept them. tion to routine medical care, detainees is why I sent a letter to Attorney Gen- Well, let me tell you, in my judgment, have been treated for preexisting med- eral Holder on April 23 requesting a that speaks volumes about the char- ical conditions, even to the extent of personal briefing before any decision is acter and the fitness for society of receiving cancer treatment or pros- made to move current Guantanamo de- these detainees. Other countries are thetic limbs. This is likely better tainees within 400 miles of Nebraska’s literally dragging their feet in accept- treatment than they would receive in borders. ing them. In April, the President of their home countries. But simply being notified that de- The courtroom constructed at Guan- France famously agreed to accept one tainees are about to be transferred tanamo was designed specifically to detainee. A number of countries, such won’t suffice. That amounts to telling deal with military commissions. I am a as Germany and Lithuania, have only the passengers to hold on before the lawyer myself, and I have to tell you said they will consider accepting de- bus crashes. It is for these reasons that that I have never seen anything like I believe we should deny funding to tainees, despite the Attorney General’s this. To say that it is state of the art transfer detainees and in fact not close round-the-world tour to ask our allies is to understate the quality of that the prison at Guantanamo. It is for to accept more. courtroom. I will tell you that I am Let’s assume the administration’s these reasons that I support S. 370, the convinced there is not another court- projection that only half of the detain- Guantanamo Bay Detention Facility room anywhere in the world with bet- Safe Closure Act of 2009, introduced by ees there would be considered terror- ter equipment than what we have in- the senior Senator from Oklahoma. ists. Well, that is 120 terrorists who stalled at Guantanamo. The bill prohibits Federal funds from would be brought to facilities on our To top it all off, earlier this year, the soil; 120 terrorists who would entice Vice Chief of Naval Operations re- being used to transfer any detainees their brothers in arms worldwide to viewed conditions at Guantanamo and out of Guantanamo to any facility in make every effort to break them out or issued a report that the detainees’ con- the United States or its territories. It at least wreak havoc on places where finement conformed to the Geneva also prohibits any Federal funds from they are jailed; 120 terrorists whose Conventions. Despite public percep- being used for the construction or en- trials and hearings will cause a com- tion, no detainee has ever been hancement of any facility in the munity to virtually lock down every waterboarded at Guantanamo. United States in order to house any de- time they have to be transported from Why would we throw away a $200 mil- tainee. Finally, it prohibits any Fed- point A to point B. lion, state-of-the-art facility just to eral funds from being used to house or Last Friday, I had the opportunity to meet an artificial deadline in 2010 that otherwise incarcerate any detainee in actually go to Guantanamo and visit I think really originated from an unin- the United States or its territories. It the prison. Having seen the facilities, I formed campaign promise? will keep our communities safe by pre- am more confident than ever that we These are very dangerous people venting terrorists from being thrust should keep Guantanamo operating. being held at Guantanamo. These are into our cities and towns. On my visit, I saw firsthand the not a couple of teenagers who robbed a I will close by reminding Senators treatment detainees receive there. The corner convenience store. There are 27 that in 2007, the Senate voted 94 to 3 to facilities there rival any Federal peni- members of al-Qaida’s leadership cadre express its opposition to moving Guan- tentiary. Detainees receive three meals currently housed at the prison, plus 95 tanamo detainees to U.S. soil or releas- per day that adhere to cultural dietary lower level al-Qaida operatives, which ing them into American society. Presi- requirements. combined is about half the prison popu- dent Obama’s Executive order to close They stay in climate-controlled lation at Guantanamo. There are also the prison at Guantanamo dem- housing with beds. It was a warm day scores of Taliban members and foreign onstrates his intention to ignore the when we were there. Their housing is fighters. will of the Senate and the American air-conditioned. They have flushing There was a survey that was done people. Despite an overwhelming vote, toilets and had all of the hygiene items awhile back—it was released in April— the administration apparently still

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12856 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 plans to bring terrorist detainees from detainee it wishes to release prior to the detention of each detainee listed under Guantanamo near our communities. submitting this report poses no risk— paragraph (1) at Guantanamo Bay. I hope we have the opportunity to no risk—to American military per- (3) A current accounting of all the meas- once again address this issue. There is sonnel stationed around the world. ures taken to transfer each detainee listed a pending amendment which I support. This is a simple amendment that re- under paragraph (1) to the individual’s coun- try of citizenship or another country. But I also urge the President to recon- flects the concerns of Americans about (4) A current description of the number of sider his decision to close the prison. I the dangers of releasing terrorists ei- individuals released or transferred from de- encourage my colleagues to support ther here or in their home countries tention at Guantanamo Bay who are con- the amendment that is before this body where they could then return to the firmed or suspected of returning to terrorist to deny funding for closing the prison. fight. Until now, the administration activities after release or transfer from I look forward to a robust debate on has offered vague assurances it will not Guantanamo Bay. this issue as we delve into this very im- do anything to make Americans less (5) An assessment of any efforts by al portant matter. Amendments will be safe. This amendment says that Ameri- Qaeda to recruit detainees released from de- tention at Guantanamo Bay. offered. I think this is the most impor- cans expect more than that. Americans (6) For each detainee listed under para- tant issue we are going to face in a want the assurance that the Presi- graph (1), a threat assessment that in- long time. Action to close the prison dent’s arbitrary deadline to close cludes— and move these people here is unac- Guantanamo by next January will pose (A) an assessment of the likelihood that ceptable. It is unthinkable to the no risk to our military servicemembers such detainee may return to terrorist activ- American public. We must yield to overseas. ity after release or transfer from Guanta- their collective wisdom and hear their I know there is an amendment pend- namo Bay; call. Anything else would be a grave ing at the desk, so I ask unanimous (B) an evaluation of the status of any reha- bilitation program in such detainee’s coun- mistake. consent that it be set aside and that try of origin, or in the country such detainee Mr. President, I yield the floor. my amendment be sent to the desk. is anticipated to be transferred to; and The PRESIDING OFFICER. The Re- The PRESIDING OFFICER. Without (C) an assessment of the risk posed to the publican leader. objection, the clerk will report. American people by the release or transfer of AMENDMENT NO. 1136 The legislative clerk read as follows: such detainee from Guantanamo Bay. Mr. MCCONNELL. Mr. President, I The Senator from Kentucky [Mr. MCCON- (d) FORM.—The report required under sub- wish to say a few words about an NELL] proposes an amendment numbered section (a), or parts thereof, may be sub- 1136. mitted in classified form. amendment I am about to offer that re- (e) LIMITATION ON RELEASE OR TRANSFER.— lates to the President’s Executive Mr. MCCONNELL. I ask unanimous No detainee detained at the detention facil- order of January 22 on the disposition consent that the reading of the amend- ity at Guantanamo Bay, Cuba, as of the date of detainees at Guantanamo. ment be dispensed with. of the enactment of this Act may be released As part of that Executive order, a so- The PRESIDING OFFICER. Without or transferred to another country until the called detainee task force was created objection, it is so ordered. President— for the purpose of reviewing the The amendment is as follows: (1) submits to Congress the first report re- records of detainees to determine (Purpose: To limit the release of detainees at quired by subsection (a); or Guantanamo Bay, Cuba, pending a report (2) certifies to the members and commit- whether they should be released. It is tees of Congress specified in subsection (b) my view that any information obtained on the prisoner population at the detention facility at Guantanamo Bay) that such action poses no threat to the mem- by this task force should be made read- bers of the United States Armed Forces. ily available to the appropriate chair- On page 31, between lines 3 and 4, insert the following: The PRESIDING OFFICER. The Sen- man and ranking members of the com- SEC. 315. (a) REPORTS REQUIRED.—Not later ator from Hawaii. mittees of jurisdiction. So the amend- than 60 days after the date of the enactment AMENDMENT NO. 1137 ment I am about to send to the desk es- of this Act and every 90 days thereafter, the Mr. INOUYE. Mr. President, I ask tablishes a reporting requirement that President shall submit to the members and unanimous consent that the pending would require the administration to committees of Congress specified in sub- section (b) a report on the prisoner popu- amendment be set aside to allow me to provide a threat assessment of every call up a technical amendment, which I detainee held at Guantanamo. This lation at the detention facility at Guanta- namo Bay, Cuba. send to the desk. threat assessment, which could be (b) SPECIFIED MEMBERS AND COMMITTEES OF The PRESIDING OFFICER. Without shared with Congress in a classified re- CONGRESS.—The members and committees of objection, the clerk will report. port—remember, this would be in a Congress specified in this subsection are the The legislative clerk read as follows: classified report only—would indicate following: The Senator from Hawaii [Mr. INOUYE] pro- the likelihood of detainees returning to (1) The majority leader and minority lead- poses an amendment numbered 1137. acts of terrorism. It would also report er of the Senate. The amendment is as follows: (2) The Chairman and Ranking Member on on and evaluate any threat that al- (a) IN GENERAL.—Unless otherwise des- Qaida might be making to recruit de- the Committee on Armed Services of the Senate. ignated, each amount in this title is des- tainees once they are released from (3) The Chairman and Vice Chairman of the ignated as being for overseas deployments U.S. custody. Select Committee on Intelligence of the Sen- and other activities pursuant to sections Many of the remaining 240 detainees ate. 401(c)(4) and 423(a) of S. Con. Res. 13 (111th at Guantanamo are from Yemen, which (4) The Speaker of the House of Represent- Congress), the concurrent resolution on the has no rehabilitation program to speak atives. budget for fiscal year 2010. (b) EXCEPTION.—Subsection (a) shall not (5) The minority leader of the House of of, and Saudi Arabia, which has a rehab apply to the amount rescinded in section 308 Representatives. program, but which, frankly, hasn’t for ‘‘Operation and Maintenance, Air Force’’. been very successful at keeping re- (6) The Chairman and Ranking Member on the Committee on Armed Services of the Mr. INOUYE. Mr. President, this leased detainees from rejoining the House of Representatives. technical amendment clarifies the fight even after they go through this (7) The Chairman and Vice Chairman of the treatment of a rescission proposal in- rehabilitation program. The recidivism Permanent Select Committee on Intelligence cluded in the bill, and has been cleared among released detainees is of great of the House of Representatives by both sides. concern to those of us who have over- (c) MATTERS TO BE INCLUDED.—Each report The PRESIDING OFFICER. Is there sight responsibilities here in Congress. required by subsection (a) shall include the following: further debate? So according to my amendment, the Mr. INOUYE. Mr. President, I suggest President would have to report to Con- (1) The name and country of origin of each detainee at the detention facility at Guanta- the absence of a quorum. gress before—I repeat, before—releas- namo Bay, Cuba, as of the date of such re- The PRESIDING OFFICER. The ing any of the detainees at Guanta- port. clerk will call the roll. namo. More specifically, the adminis- (2) A current summary of the evidence, in- The assistant bill clerk proceeded to tration would have to certify that any telligence, and information used to justify call the roll.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12857 Mr. MARTINEZ. Mr. President, I ask President Obama’s Director of Na- day in office to halt further Military unanimous consent the order for the tional Intelligence, Admiral Dennis Commission trials and to mandate the quorum call be rescinded. Blair clearly laid out that: closing of Gitmo by January of next The PRESIDING OFFICER. Without The guiding principles for closing the cen- year. objection, it is so ordered. The Senator ter should be protecting our national secu- Let’s be clear about what we are from Florida is recognized. rity, respecting the Geneva Conventions and dealing with here. Mr. MARTINEZ. The issue before the the rule of law, and respecting the existing These detainees are not accused of Senate includes the question of Guan- institutions of justice in this country. shoplifting; they are not accused of tanamo, and I know there has been I also believe we should revitalize efforts robbing a bank; they are not accused of to transfer detainees to their countries of or- some recent activity on this legisla- igin or other countries whenever that would organizing a single or double homicide. tion. be consistent with these principles. They are accused of working as un- Addressing this issue, the Federal Closing this center and satisfying these lawful enemy combatants with the aim Government has no higher responsi- principles will take time, and is the work of of killing as many Americans as they bility than ensuring the safety and se- many departments and agencies. can kill, most of them completely com- curity of every American. Since 9/11, So again, we have the idea that we mitted to their goal, they are our Nation has taken a number of steps can all agree on, but in practice there ‘‘irreconcilables.’’ to safeguard us from the threat of ter- is no plan; there is no clear path to We are still in the midst of a global rorism, including the development of a achieving these goals. war on terror against an enemy bent on facility to detain enemy combatants at When choosing a path, we need to act attacking Americans wherever and U.S. Naval Station Guantanamo Bay. very carefully and consider this deci- whenever it can. There is no question Over the course of our campaign sion in the context of our ability to that this war is unprecedented. There against terrorism, that detention facil- continue processing prisoners under is no question we face unique and dif- ity came under harsh scrutiny; doing the Military Commissions Act; we need ficult choices. But one thing is very great harm to our stature around the to consider whether and how habeas clear: We should never allow alleged world. corpus would apply to detainees trans- enemy combatants to enter or be re- In June of 2005, I told a group of ferred to U.S. facilities; and we need to leased in the United States. No court, newspaper editors that the detention know the implications of trying Gitmo civilian or military, should ever be facility at U.S. Naval Station Guanta- detainees in Federal Court. asked to decide whether the foreign namo Bay had become a lightning rod Today, some 240 individuals are held terrorist trainee before it is ‘‘safe for global criticism, and at some point at Gitmo’s detention center. enough’’ to be brought into the United a country has to reexamine the cost- Of these, eighty detainees potentially States and released into our streets. benefit ratio of operating a facility face prosecution for war crimes before The American people deserve greater that has such a poor public face. Military Commissions at Guantanamo protections from us than that would As a lawyer, I noted that it wasn’t and two individuals have already been warrant them, and we must remember very American to be holding people in- convicted of war crimes before the that their personal safety and our na- definitely with no system in place to Commissions. tional security is our No. 1 priority. process and grant review of the deten- These Commissions were created by Guantanamo is a world-class facility tion and some form of due process. Congress under the Detainee Treat- that is well-suited for the unique cir- Suspected enemy combatants had es- ment Act and the Military Commis- cumstances of the global war on terror. sentially become akin to POWs; but be- sions Act as a means for prosecuting Even Attorney General Holder has de- cause of the unique nature of the ongo- the unique type of enemy we confront clared the facility to be ‘‘well run’’ and ing war on terror, they could not be re- in this new type of warfare. noted that Gitmo personnel conduct leased. But then came the Supreme Court’s themselves in an appropriate way. I What I knew then, and what I know opinion in Boumediene v. Bush. myself have visited there, and I under- now is that though many wanted to In that opinion, authored by Justice stand what he is saying, because it is a close Guantanamo—a view that would Kennedy on behalf of the five-member good example of a fine detention facil- eventually be shared publicly by Presi- majority, the Court did something that ity. It is good that the military com- dent Bush and both candidates for has never been done in the history of missions were working and were President Senators JOHN MCCAIN and our Nation. achieving fair results and may be com- Barack Obama—we did not have a good The Court extended the constitu- ing back. plan for how to legally advance beyond tional writ of habeas corpus to for- For example, Salim Hamdan, Osama that wish. eigners detained in foreign lands. bin Laden’s personal driver and body So we had an idea—to close Guanta- That means the Court extended to man, was convicted of providing mate- namo—but no good path to achieve foreign terror suspects detained at rial support to al-Qaida and sentenced that without endangering Americans. Guantanamo Bay the same constitu- to a mere 51⁄2 years by a jury of mili- The world has changed since 2005. tional rights and privileges that U.S. tary officers. This result demonstrates Since then, a military commission citizens enjoy in U.S. courts. the effectiveness and the type of jus- system was established, prisoners were Seizing on this unprecedented con- tice provided by the military commis- processed; the trying of unlawful stitutional interpretation, the lawyers sions. This is why they should resume enemy combatants began; trials con- of several Gitmo detainees quickly immediately at the only venue in the cluded; and in some cases former Guan- filed motions in Federal district courts world that has been built to facilitate tanamo Bay detainees were convicted seeking to have their clients brought them, and that is the facility at Gitmo. of their charges, while others were ac- into the U.S., and in some cases, asked One thing I do want to make clear as quitted and released. that their clients be released or ‘‘pa- we continue to have debate over the fa- But now, we have gone from the rhet- roled’’ onto the streets of American cility’s future, I remind my colleagues oric of the campaign to the very real cities and communities. that when we talk about Gitmo’s fu- pronouncement by the President that This is the world we live in given the ture, we are referencing the detention Guantanamo shall be closed down by Court’s decision in Boumediene—a center, not the U.S. Naval Station at January 2010. world in which foreigners, who have Guantanamo Bay. That naval base is I agree, we need to close Guanta- been trained at terrorist camps in Af- the landlord to the detention center, namo, but not before we have a con- ghanistan, have been granted the right but it also serves as a vital base for our crete plan in place that holds captured to be released onto the streets of Amer- Navy and is a key strategic place. enemy combatants accountable for ican cities. The overall facility is the U.S. Naval their actions, while also not endan- It was against this backdrop that Station providing fleet support, ship gering the American public. President Obama decided on his first replenishment, and refueling for the

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12858 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 U.S. Navy and also for the Coast Guard tigations of U.S. officials who interro- If so, please explain in detail, including as well as allied and friendly nations. gated terrorists who killed or at- whether any such review involved intel- It is a key processing center for Hai- tempted to kill American citizens. ligence matters or the President’s war pow- ers? tians and Cubans seeking asylum. The In a Department of Justice hearing b. Presuming the OPR reviewed the legal U.S. Naval Station at Guantanamo Bay before the Appropriations Sub- opinions of the OLC regarding the CIA’s in- is home to more than 8,500 active-duty committee on May 7, I asked the Attor- terrogation program, please describe, in de- servicemembers and their families and ney General if he knew about or sanc- tail, the standards of review applicable to civilian support contractors. tioned any of the renditions that oc- any such OPR review. Also, provide a copy of We cannot lose sight of the impor- curred when he served as the Deputy any standards of conduct or any other De- tant role the base plays in our national Attorney General during the Clinton partment of Justice policy guidance regard- administration. He said he did, but ing the conduct of attorneys used by the security, and the continued need for in- OPR in its reviews. What conclusions did frastructure improvements and en- could not provide specifics and would OPR reach in any such review? hancements, all that have absolutely get back to the committee with a re- c. How many attorneys currently work in nothing to do with the detention facil- sponse. We are still waiting for that re- the Office of Professional Responsibility? Do ity. As we continue to debate the fa- sponse. Yesterday, in following up with any of them have expertise in constitutional cility’s future, I want to underscore that, I sent a letter to the Attorney law, intelligence matters, treaty compliance, General following up on many of the and/or separation of powers? If so, please pro- the importance of making a thoughtful vide detailed information regarding each at- and careful decision rather than one unanswered questions left after the torney’s individual expertise in these areas. that may be what is expedient, for the hearing. Is the OPR seeking outside guidance in any moment. Mr. President, I ask unanimous con- of these areas? If so, please provide specific We need a plan on how to move for- sent that the letter be printed at this information on these individuals or sources. ward given the considerations I have point in the RECORD. d. Did any of the personnel in the OPR There being no objection, the mate- work on cases or policies arising from our discussed today. So I hope as the dis- government’s response to the 9/11 attacks? If cussion goes forward, we will put the rial was ordered to be printed in the RECORD, as follows: so, please provide the names of these individ- interests and the safety of the Amer- uals. ican people first. I know the portion of U.S. SENATE, 3. Attorney General Mukasey and Deputy this bill before us which dealt with the Washington, DC, May 18, 2009. Attorney General Filip were presented with Hon. ERIC HOLDER, a draft of an OPR report near the end of the Guantanamo facility and the alloca- Attorney General, Department of Justice, tion of $80 million to close down the fa- Bush Administration. This was after more Washington, DC. than four years of investigation and thou- cility may be removed from the bill or DEAR ATTORNEY GENERAL HOLDER: I am sands of dollars in taxpayer funds being ex- considered in a different form. I would writing to follow up on some of the issues pended. Press reports have suggested that be encouraged if we are not at the mo- raised during your hearing before the Senate Mukasey and Filip rejected the idea that ment funding the closing of this facil- Appropriations Subcommittee on Commerce, OLC attorneys should be subject to sanc- ity until we have a game plan in mind Justice, Science, and Related Agencies on tions. May 7, 2009. Below are a number of questions of what we are going to do with the fa- a. Please explain why you have decided to posed during the hearing, as well as some ad- overrule Attorney General Mukasey’s deci- cility and the detainees who are there. ditional questions I have relating to a poten- sion. Also, please provide the Committee We still have not addressed what we tial criminal investigation of U.S. officials with all instances, if any, where an incoming are going to do between now and Janu- who drafted the legal opinions upon which Attorney General has reversed the decision ary of 2010. There still is no plan. There the CIA based its interrogation program, and of his or her predecessor regarding a rec- still is no future for what will happen who actually participated in the interroga- ommendation by the OPR. to the 240 detainees who currently re- tion of detainees. Also included are questions b. News reports suggest that the OPR will relating to the disposition of Guantanamo side at the detention facility at the criticize the Bybee memorandum that argues Bay detainees. Your immediate response that the anti-torture statute cannot inter- United States Naval Station in Guan- would be greatly appreciated. fere with the President’s constitutional au- tanamo, Cuba. 1. During your tenure as the Deputy Attor- thorities. Did the OPR ever investigate the I yield the floor. ney General of the United States, 1997 to opinions of the Clinton Justice Department The PRESIDING OFFICER (Mr. 2001, did you know that President Clinton to determine if it claimed that the Presi- BEGICH.) The Senator from Alabama. approved of and actively engaged in the prac- dent’s constitutional authorities would allow Mr. SHELBY. Mr. President, I rise tice known as rendition? Did you or anyone him to act in violation of Acts of Congress? today to support and thank the distin- in the Department of Justice express a legal If not, why not? If so, please provide those opinion on, participate in, or approve any opinions. guished chairman of the Appropria- rendition? What actions did you take to en- c. Does the OPR report address whether tions Committee, the Senator from Ha- sure any such rendition complied with the interrogation methods used actually pro- waii, for his amendment to strike the United States or international law? What ac- duced useful intelligence? If not, why not? If Guantanamo Bay funding in the sup- tions did you take to ensure that any inter- so, please list all U.S. Government personnel plemental bill before us. rogations of any such individuals rendered interviewed by the OPR to make such a de- Last week in the Appropriations by the United States were conducted by the termination. Committee which he chairs, I raised receiving country in a manner consistent 4. The provision of accurate legal advice with United States or international law? Did regarding the conduct of intelligence oper- this issue at the markup with the in- you or anyone on your behalf ever determine ations will necessarily entail the consider- tent to strike the funding for the De- whether any useful intelligence was obtained ation of not only many types of activities, partment of Justice. At the behest of from any such individuals rendered by or on but also very difficult legal issues. On many the chairman and ranking member, I behalf of the United States? Did you or any- occasions, reasonable attorneys may dis- did not offer the amendment which I one on your behalf ever attempt to deter- agree on whether such activities are con- intended to offer today. mine how that information was obtained and sistent with or violate United States or This supplemental, as reported out of whether any such individuals rendered by or international law. The investigation, and the Appropriations Committee, ful- on behalf the United States was subjected to possible sanctioning, of attorneys for the any treatment that would violate United provision of legal advice in areas of law that filled the Department of Justice re- States or international laws? are less than clear will absolutely have a quest originally for $30 million to fund 2. In an exchange with Senator Alexander chilling effect on their ability to provide ac- the President’s reckless campaign during the hearing you mentioned an Office curate legal opinions. Faced with sanctions, promise to shut down the Guantanamo of Professional Responsibility (OPR) inquiry attorneys will undoubtedly choose to stay Bay detention facility and determine into the work of the attorneys who prepared well within the law. Intelligence operations the fate of the 241 terrorists being held the Office of Legal Counsel (OLC) memo- will then he unnecessarily limited falling there. randa regarding interrogation. It has been well short of what the Congress and the President may be prepared to sanction. With I also believe that funding for the De- reported that the OPR report criticizes the competence of the authors of the memo- this in mind, won’t risk aversion driven by partment of Justice to carry out the randa. chilled legal advice recreate the bureau- President’s Executive order is just the a. Has the OPR. prior to this review. ever cratic attitude that contributed to our in- beginning of efforts to begin the inves- reviewed legal opinions drafted by the OLC? ability to detect and stop the 9/11 attacks?

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12859 5. Do you believe the President has the subsidy to establish a new life here in tacks demonstrated that the intelligence legal authority to bring terrorists, former America. community had not shown ‘‘sufficient initia- terrorists or anyone who has received ter- Until we are clear about Attorney tive in coming to grips with the new rorist training into the United States and re- General Holder’s role in renditions and transnational threats’’. lease them into our communities? If so, (3) By mid-2002, the Central Intelligence please provide a copy of that authority? interrogations prior to 9/11, and what Agency had several top al Qaeda leaders in 6. In your testimony before the Committee this administration is proposing to do custody. you stated that with ‘‘regard to the release with these terrorists once Guantanamo (4) The Central Intelligence Agency be- decisions that we will make, we will look at is closed, I believe it is premature to lieved that some of these al Qaeda leaders these cases on an individualized basis and provide this funding. knew the details of imminent plans for fol- make determinations as to where they can I again commend the chairman for low-on attacks against the United States. appropriately be placed.’’ What are the cri- his actions today and I believe the Sen- (5) The Central Intelligence Agency be- teria on which you will base a decision to ate is on the right track. I hope we lieved that certain enhanced interrogation place an individual currently being held in stay there. techniques might produce the intelligence Guantanamo in the United States? Please be necessary to prevent another terrorist at- more specific than the general guidance I yield the floor. tack against the United States. given in the President’s Executive Order. Mr. INOUYE. Mr. President, I suggest (6) The Central Intelligence Agency sought Thank you for your immediate attention the absence of a quorum. legal guidance from the Office of Legal Coun- to these matters. The PRESIDING OFFICER. The sel of the Department of Justice as to wheth- Sincerely, clerk will call the roll. er such enhanced interrogation techniques, RICHARD SHELBY. The assistant legislative clerk pro- including one that the United States mili- Mr. SHELBY. Mr. President, ren- ceeded to call the roll. tary uses to train its own members in sur- ditions and interrogations were carried Mr. CORNYN. I ask unanimous con- vival, evasion, resistance, and escape train- out on Attorney General Holder’s sent that the order for the quorum call ing, would comply with United States and international law if used against al Qaeda watch, when he was the Deputy Attor- be rescinded. ney General. I have serious concerns leaders reasonably believed to be planning The PRESIDING OFFICER. Without imminent attacks against the United States. that the Attorney General could even- objection, it is so ordered. (7) The Office of Legal Counsel is the prop- tually be leading investigations and AMENDMENT NO. 1139 er authority within the executive branch for prosecutions against U.S. officials who Mr. CORNYN. Mr. President, I have addressing difficult and novel legal ques- carried out the very same actions he conferred with the bill managers, the tions, and providing legal advice to the exec- approved during his time as Deputy At- distinguished chairman of the Appro- utive branch in carrying out official duties. (8) Before mid-2002, no court in the United torney General. priations Committee and the distin- Yet the Executive orders failed to in- States had interpreted the phrases ‘‘severe guished ranking member. I have an clude any investigation of his role in physical or mental pain or suffering’’ and amendment I would like to call up. I approving renditions of detainees and ‘‘prolonged mental harm’’ as used in sections ask unanimous consent to set aside the terrorists that occurred during his pre- 2340 and 2340A of title 18, United States Code. pending amendment, and I send an (9) The legal questions posed by the Cen- vious tenure at the Justice Depart- amendment to the desk and ask for its tral Intelligence Agency and other executive ment. immediate consideration. branch officials were a matter of first im- To go back in time, the first terrorist The PRESIDING OFFICER. Is there pression, and in the words of the Office of attack on the World Trade Center oc- objection? Legal Counsel, ‘‘substantial and difficult’’. curred on February 26, 1993. We later (10) The Office of Legal Counsel approved Mr. INOUYE. I object momentarily. saw the bombings of the USS Cole, the the use by the Central Intelligence Agency of The PRESIDING OFFICER. Objec- embassies in Africa, and Khobar Tow- certain enhanced interrogation techniques, tion is heard. ers take place before the second attack with specific limitations, in seeking action- The Senator from Hawaii. on the World Trade Center. able intelligence from al Qaeda leaders. Without objection, the clerk will re- (11) The legal advice of the Office of Legal Many of the terrorists who com- port the amendment. Counsel regarding interrogation policy was mitted these acts were trained in the The assistant legislative clerk read reviewed by a host of executive branch offi- very same camps as the terrorists held as follows: cials, including the Attorney General, the at Guantanamo Bay. When I asked the Counsel to the President, the Deputy Coun- Attorney General if the Government The Senator from Texas [Mr. CORNYN] pro- sel to the President, the General Counsel of poses an amendment numbered 1139. had the legal authority to admit some- the Central Intelligence Agency, the General one who had received terrorist training Mr. CORNYN. I ask unanimous con- Counsel of the National Security Council, into the United States, he would not sent that reading of the amendment be the legal advisor of the Attorney General, answer the question directly. He indi- dispensed with. the head of the Criminal Division of the De- The PRESIDING OFFICER. Without partment of Justice, and the Counsel to the cated he would not release anyone who Vice President. he thought was a terrorist in the objection, it is so ordered. The amendment is as follows: (12) The majority and minority leaders in United States—who he thought. both Houses of Congress, the Speaker of the All of the detainees being held at (Purpose: To express the sense of the Senate House of Representatives, and the chairmen Guantanamo Bay, I believe, are terror- that the interrogators, attorneys, and law- and vice chairmen of the Select Committee ists. Does anyone but the administra- makers who tried in good faith to protect on Intelligence of the Senate and the Perma- tion and the Attorney General believe the United States and abide by the law nent Select Committee on Intelligence of the should not be prosecuted or otherwise House of Representatives received classified anything to the contrary? I think it is sanctioned) misguided to close a facility housing briefings on the legal analysis by the Office At the appropriate place, insert the fol- of Legal Counsel and the proposed interroga- terrorists when there is no plan. All of lowing: tion program of the Central Intelligence the prisoners housed at Guantanamo SEC. ll. SENSE OF THE SENATE. Agency as early as September 4, 2002. Bay are terrorists. Terrorists attacked (a) FINDINGS.—Congress finds the fol- (13) Porter Goss, then-chairman of the Per- our Nation and killed our citizens and lowing: manent Select Committee on Intelligence of pose a threat still today to our na- (1) In the aftermath of the September 11, the House of Representatives, recalls that he tional security. 2001 attacks, there was bipartisan consensus and then-ranking member Nancy Pelosi ‘‘un- We should not, I believe, let this At- that preventing further terrorist attacks on derstood what the CIA was doing’’, ‘‘gave the torney General or anyone else brand the United States was the most urgent re- CIA our bipartisan support’’, ‘‘gave the CIA these terrorists as victims worthy of sponsibility of the United States Govern- funding to carry out its activities’’, and ‘‘On living in the United States of America, ment. a bipartisan basis . . . asked if the CIA need- (2) A bipartisan joint investigation by the ed more support from Congress to carry out nor should we follow the plans of the Select Committee on Intelligence of the Sen- its mission against al-Qaeda’’. Director of National Intelligence, Den- ate and the Permanent Select Committee on (14) No member of Congress briefed on the nis Blair, who suggested that terrorists Intelligence of the House of Representatives legal analysis of the Office of Legal Counsel be provided with a taxpayer-funded concluded that the September 11, 2001 at- and the proposed interrogation program of

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12860 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 the Central Intelligence Agency in 2002 ob- ligence Agency, the administration, majority and the minority leaders in jected to the legality of the enhanced inter- and Congress did everything within our both Houses of Congress, as well as the rogation techniques, including legal power to protect the country chairman and ranking member of both ‘‘waterboarding’’, approved in legal opinions from a follow-on terrorist attack. the House Intelligence Committee and of the Office of Legal Counsel. We recall the horrible day when we (15) Using all lawful means to secure ac- the Senate Select Committee on Intel- tionable intelligence based on the legal guid- saw two airplanes fly into the World ligence. That would have been back in ance of the Office of Legal Counsel provides Trade Center in New York. But it is 2002—of course, much closer in prox- national leaders a means to detect, deter, not beyond the realm of concern that, imity to the horrible events of 2001— and defeat further terrorist acts against the indeed, the same terrorists who ef- when, no doubt, Members of Congress United States. fected those horrible attacks, killing and members of the executive branch (16) The enhanced interrogation techniques 3,000 Americans, roughly, on that day, were thinking: What can we do to pre- approved by the Office of Legal Counsel would use some more effective weapon vent further terrorist attacks against have, in fact, accomplished the goal of pro- of perhaps a nuclear, biological, or viding intelligence necessary to defeating the United States? additional terrorist attacks against the chemical nature. So we know our intel- One of the things that we have heard United States. ligence officials and the administration in the days since these opinions out of (17) Congress has previously established a and Congress were acutely aware of the the Office of Legal Counsel have been defense for persons who engaged in oper- environment in which they were act- controversial is that some lawyers ational practices in the war on terror in good ing. have different opinions from those ren- faith reliance on advice of counsel that the Our intelligence officials believed dered by the lawyers at the Office of practices were lawful. they could produce actionable intel- Legal Counsel. I can tell my col- (18) The Senate stands ready to work with ligence by using some enhanced inter- the Obama Administration to ensure that leagues, as a lawyer myself for 30 leaders of the Armed Forces of the United rogation techniques, including one that years, what lawyers do best is disagree States and the intelligence community con- is performed as part of training on with one another. There is nothing un- tinue to have the resources and tools re- some of our own U.S. military per- expected about that. But we should not quired to prevent additional terrorist at- sonnel; that if the Office of Legal Coun- turn disagreements between lawyers tacks on the United States. sel at the Department of Justice deter- into witch hunts and into pursuing (b) SENSE OF SENATE.—It is the sense of the mined this was a legal way for them to good-faith rendition of legal opinions Senate that no person who provided input gain actual intelligence, perhaps, just as well as intelligence officials relying into the legal opinions by the Office of Legal perhaps, it could generate intelligence Counsel of the Department of Justice ana- on those opinions in order to try to lyzing the legality of the enhanced interro- which would allow the Central Intel- protect our country. gation program, nor any person who relied in ligence Agency and our military forces One distinguished law professor testi- good faith on those opinions, nor any mem- to defeat any follow-on terrorist at- fied to the Judiciary Committee last ber of Congress who was briefed on the en- tacks. week: hanced interrogation program and did not It is worthwhile to remember, as my To ratchet-up simple disagreement with object to the program going forward should sense-of-the-Senate resolution does, the legal analysis of a prior administration be prosecuted or otherwise sanctioned. that after the Central Intelligence into the claim that such analysis was beyond Mr. CORNYN. May I inquire, my Agency asked whether these enhanced the pale of legitimate legal analysis, and amendment is currently the pending interrogation techniques were, in fact, therefore should be investigated and pun- amendment? lawful, the Office of Legal Counsel, ished, is to be engaged in a mild form of legal The PRESIDING OFFICER. The Sen- which is the authoritative branch that neo-McCarthyism. ator is correct. provides legal advice to the executive Mr. President, I was not in Wash- Mr. CORNYN. I thank the Chair. branch and the U.S. Government, was ington, DC, on September 11, 2001. I was Mr. President, my amendment calls asked to render an opinion on whether in my home in Austin, TX, when I saw for an end to the poisonous environ- use of these enhanced techniques, in- these terrible images of these planes ment of recriminations and second- cluding waterboarding, was, in fact, flying into the World Trade Center. guessing and even threats of prosecu- legal. In fact, after much input and But one of the images I remember in tion that have overtaken the debate consultation within the executive the aftermath of those attacks was of about detention and interrogation pol- branch and the lawyers for various the Members of Congress, of both par- icy in the aftermath of September 11, parts of the executive branch discussed ties, joined together on the Capitol 2001. This amendment expresses the and interpreted what the constraints of steps singing ‘‘God Bless America.’’ sense of the Senate that neither the the law were under both international In the aftermath of that day, Ameri- lawyers who offered good-faith legal as well as domestic laws, they con- cans, at least for a time, were united in advice regarding the legality of inter- cluded that under specific guidelines our determination that it would not rogation techniques, nor any person and limitations, it would be lawful for happen again. That is why it is particu- who relied in good faith on that legal the Central Intelligence Agency, in larly sad to see the bitter political di- advice, nor any Member of Congress questioning known al-Qaida leaders, to visions of the present being invoked to who was briefed beforehand on these use this technique in order to gain in- condemn the good-faith actions of the enhanced interrogation techniques and telligence that would perhaps save past and to hear calls to prosecute not who did not object should be pros- many more lives in the future. only the intelligence officials in the ecuted or otherwise sanctioned. This is, We know how controversial this CIA but also prior administration offi- obviously, a sense of the Senate, but I turned out to be, but it is important to cials and, indeed, the Congress who an- think it is important that the Senate’s remember that at the time, it did not swered the call when the American will be determined and recognized on prove to be so controversial. In fact, people demanded with one voice that such a sensitive and important topic. after the CIA asked for permission to we keep them safe. I know it is hard for us to remember use these enhanced techniques, we If we want to be able to look back at now what it was like in the days fol- know the Office of Legal Counsel ren- our detention and interrogation poli- lowing 9/11. Believe it or not, there was dered legal opinions authorizing the cies, and learn what worked and what a broad bipartisan consensus that use of these techniques under certain did not, we need to try to maintain our America and all Americans, including limitations. And then, in fact, leader- sense of perspective and objectivity Congress, should work aggressively ship here in Congress was briefed on and fairness and be respectful of both within the law to detect, deter, and in- those techniques. Specifically, under the circumstances under which these deed to defeat further terrorist at- these circumstances, as the sense-of- officials reached these opinions and the tacks. Responding to this consensus, the-Senate resolution points out, not reliance the intelligence officials and patriotic Americans in our intelligence only would the Speaker of the House of other high Government officials had service; namely, the Central Intel- Representatives be briefed but also the upon those legal opinions in deciding

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12861 what they could and could not do. In- impacts on our Kansas citizens and the But somehow, barbarism, often cloaked in deed, who would question their use of Intellectual Center of the Army at the language of resistance, has gained ac- all legitimate means to gain actual in- Fort Leavenworth to even consider ceptance in the most elite circles of our soci- ety. The words ‘‘war on terror’’ cannot be ut- telligence that may indeed have saved moving terrorists to Kansas. tered today without fear of offense. Civilized American lives? We cannot learn to- I hope President Obama and his team society, so it seems, is so numbed by vio- gether from our past successes or fail- designated to come up with a plan can lence that it has lost its gift to be disgusted ures while recklessly accusing one an- come to the realization that closing by evil. other of crimes while criminalizing Gitmo actually poses new problems in Well, this Senator remains disgusted policy differences. terms of security and logistics and by evil. I am disgusted by those who In the end, this sense-of-the-Senate legal issues. target innocent civilians as they spew resolution is an appeal to a sense of de- Now that we are all on the same their hatred. I refuse to adopt what cency. We should be united in our com- page, let’s find a better answer and one Danny’s father calls ‘‘the mentality of mitment to liberty, justice, and secu- that does not endanger Leavenworth, surrender.’’ And that is weaved rity under the law. KS, or any other community in the throughout this debate in regard to The American people want unity and United States. what happens to these terrorists. not partisan prosecutions or sanctions I also wish to associate myself with It is not too late. We can all refuse to imposed against those officials who the remarks of the distinguished Sen- surrender to the idea that terrorism is were simply trying, to the very best of ator from Nebraska, MIKE JOHANNS, somehow a tactic, to refuse to believe their ability, to do their job and to who I think summarized the whole sit- it is an acceptable tool of resistance. keep the American people safe. This uation very well. I wish to thank Sen- There is still time for Americans to amendment says, in the end, that the ator INHOFE for persevering. I wish to remember that there are men at Guan- Senate agrees with that proposition. I thank my dear friend and colleague, tanamo who cannot be released and would ask for the support of all my col- the distinguished Senator from Hawaii, most certainly should not be on Amer- leagues. Mr. INOUYE, for his leadership in this ican soil. Mr. President, I yield the floor. regard. Mr. President, I yield back. I suggest the absence of a quorum. But during this debate, and for some The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The time, it seems to me we have seen a SHAHEEN). The Senator from Con- clerk will call the roll. change in how those who are incarcer- necticut. The assistant legislative clerk pro- ated at Gitmo are now being defined CREDIT CARD REFORM ceeded to call the roll. and described in the media, in the ad- Mr. DODD. Madam President, I wish Mr. ROBERTS. Mr. President, I ask ministration and, as a consequence, by to speak off the bill. I know my col- unanimous consent that the order for some Americans. leagues are talking about the supple- the quorum call be rescinded. I understand there is a poor percep- mental appropriations bill. But I wish The PRESIDING OFFICER. Without tion of Guantanamo Bay. I think that to take a few minutes, if I could, with objection, it is so ordered. is a fact we all realize. We heard an- the permission of the managers of the Mr. ROBERTS. Mr. President, today, other Senator from the other side of legislation, to talk about the credit those of us who have strongly insisted the aisle describe that in detail—as a card legislation that passed this morn- that no terrorist currently in Guanta- matter of fact, ascribed all the prob- ing. I did not have the opportunity, namo Bay should or will be transferred lems to the Bush administration. But I given the time constraints, to express to the United States, I think, have won do not think that is relevant. To say some brief thoughts about the passage a big victory. there are no terrorists there, to say of that legislation. So I rise to thank my colleagues. By I am going to be very frank about it. there are not even enemy combatants an overwhelming vote of 90 to 5, this Faced with an embarrassing defeat, there, is doing a disservice to us all by body voted earlier today to adopt the and listening to the American people, trivializing the crimes committed by credit card reform legislation. I am the Democratic leadership has accept- the men at Guantanamo Bay. very grateful to my colleagues. I am ed an amendment offered by Senator I ask you, when did we start making grateful to Senator SHELBY, my co- JIM INHOFE of Oklahoma, myself, and terror politically correct? This same chair, if you will, the former chairman many others that prohibits the use of question was asked by Daniel Pearl’s of the Banking Committee, for his Federal funds to transfer or locate any father, Judea Pearl, in an article that work. Gitmo terrorist to the United States. ran in the Wall Street Journal this past February. It is called: ‘‘Daniel Obviously, this was a bipartisan ef- This is an important, commonsense fort, with a vote of 90 to 5. The final Pearl and the Normalization of Evil.’’ I victory for the security of our country conclusion was one that was embraced think every Senator and every Amer- and more especially for Fort Leaven- by an overwhelming majority of our ican should read it, more especially in worth, KS. Following President colleagues. I thank them for that. Obama’s decision to close Gitmo at the regard to this debate on where we lo- Twenty years ago, many of my col- end of this year, there has been much cate these terrorists. leagues who are still in this Chamber As you may know, and we should all speculation about moving terrorists to will recall how we stood to try to get remember, Daniel Pearl was the Amer- Leavenworth, especially in the press, the credit card industry to respond to ican journalist who was captured and and even on the Senate floor. I re- some of the activities that began then. sponded with remarks several weeks beheaded—beheaded—on a video by the In those days, they were not quite as ago: ‘‘Not on my watch.’’ ‘‘nonterrorist, nonenemy combatant’’ pernicious as they have become. But, The problem is that while we have Khalid Shaikh Mohammed in 2002—be- nonetheless, you could see the hand- prohibited the use of funds to transfer headed by Khalid Shaikh Mohammed, writing on the wall as to where these terrorists to the United States, the who is actually sitting at Guantanamo issuers were headed. We did not engage Obama administration still has pro- Bay right now. as effectively then as we probably posed no plan to meet their own Janu- Listen to what Judea Pearl, a re- should have. We said then that too ary deadline. That does remain a chal- spected professor at UCLA, has to say many of these companies were starting lenge, and it means that while we won about that act of terror on his son: to cross a line, starting to engage in a victory today—no funds—it seems to Those around the world who mourned for abusive, deceptive, and misleading me we must remain vigilant to make Danny in 2002 genuinely hoped that Danny’s practices that were trapping their cus- sure future plans do not include loca- murder would be a turning point in the his- tory of man’s inhumanity to man, and that tomers into far more debt than cer- tions in the United States, including the targeting of innocents to transmit polit- tainly they, the customers, ever agreed Leavenworth. ical messages would quickly become, like to. There are simply too many security slavery and human sacrifice, an embar- But that was more than two decades risks and the possibility of negative rassing relic of a bygone era. ago, and since that time, we have all

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12862 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 seen what has happened across our Na- of a Small Business Information Secu- days late—the first time ever—in a tion: penalty fees that are increasingly rity Task Force in this legislation. credit card payment. One of those days common, for infractions that are in- Several additional measures were in- was a Sunday, by the way. She had creasingly ridiculous—for paying by cluded at the behest of my colleagues taken out the credit card debt to pay phone or by e-mail or by check, which that I think strengthen the legislation. off her student loans. They charged her are ways you get penalized today; any- Senator CHARLES SCHUMER of New because of the retroactive fees, the 24 time, any reason under contracts, York authored the provision to scale percent, making it almost impossible where interest rates could be raised back abuses on prepaid gift cards, and for her to ever meet those obligations. that can turn a few hundred dollars of that provision is now included in the To meet that criteria, she dipped into obligation into a lifetime of debt; dis- bill that passed. Senator DAN AKAKA of her individual retirement account closures that you need a microscope to Hawaii wisely suggested we seek a clar- which she had saved. She was in retire- read and a lawyer’s degree to under- ification of the certification process for ment and she has now cut that retire- stand. credit counselors—something I believe ment down to 45 percent of its value in For too long, credit card companies will prove extremely valuable given order to pay off the credit card debt. have resorted to tactics that drive fam- the clear need for greater financial lit- Three days late, one time, 5 percent to ilies deeper and deeper and deeper into eracy among consumers. 24 percent. Phil Sherwood didn’t do debt. Senator SUSAN COLLINS of Maine, anything at all. He paid his bills every Well, today the Senate let them with my colleague, Senator LIEBERMAN month, never a day late, and watched know that those days are coming to an of Connecticut, asked that we include his rates skyrocket, he and his wife. end. I am grateful to my colleagues for provisions to prevent money laun- These stories I tell could be repeated their votes. dering through the use of what they over and over all across the country. I wish to take a few minutes to call stored value cards which are being More than 70 million accounts in one thank fellow Senators and staff who increasingly used by drug cartels to 11-month period, affecting one out of have worked diligently to help me im- smuggle money across our borders. I four families, saw interest rates sky- prove this legislation. am happy we were able to include those rocket. For the life of me, I don’t quite As I mentioned earlier, Senator provisions in the bill as well. understand what the industry was SHELBY of Alabama played an impor- My colleagues from California and thinking of, having just overreached tant role, and I am grateful to him for New Hampshire, Senator FEINSTEIN and time and time again. But as a result of agreeing to work on this bill. It came Senator GREGG, worked with us to in- the bill we passed today by the vote I out of the committee on an 11-to-12 clude a study and report on emergency mentioned, we have made significant vote—the narrowest of margins. It was PIN technology that would allow bank- inroads into the kind of practices the after that time that we worked to de- ing customers to signal for help when people I mentioned here were afflicted velop a bipartisan bill. forced to withdraw cash from ATMs. with. Unfortunately, it doesn’t happen In all, I believe this was an inclusive Another study and report on which overnight. The bill has a period of time process—striking a very good balance we worked with Senator KOHL of Wis- before the new restrictions go into ef- that ensures we provide tough protec- consin to include is on the marketing fect. I would have liked to have had a tions for consumers while making sure of products such as debt cancellation much shorter period, but these bills re- to maintain the flow of credit into our agreements, which some have long ar- quire compromise, and they don’t be- economy that is so essential to our gued are of questionable benefit to con- come the fulfillment of the wishes of long-term economic recovery. sumers. any one Member of this body. It re- I wish to thank Senators CARL LEVIN Finally, I wish to thank the Presi- quires working with each other and, as of Michigan and CLAIRE MCCASKILL of dent of the United States, President a result of that effort, we ended up Missouri, who led the charge to restrict Obama, for stepping up and stepping in, with a longer period of time than I and for using the bully pulpit of his overlimit fees and deceptive marketing liked but, nonetheless, less than the of- Presidency to help us gain public of free credit reports. ficial period of the Federal Reserve Senator BOB MENENDEZ of New Jer- awareness of these issues as well. Board’s regulations, which would be a As we cross the finish line today and sey has been a champion from the very year and a half from now. beginning on issues impacting young the House considers what we have sent So American consumers have a re- people—requiring credit card compa- them, I believe the victory will not be, sponsibility. That needs to be said over nies to consider consumers’ ability to of course, for our President or for the and over. But they also have rights, pay when issuing credit cards, increas- Congress or for the authors of this leg- and those rights ought to be that they ing protections for students against ag- islation or even for the Members I have can count on a contract they enter gressive credit card marketing, and mentioned in these remarks. Truly the into. I know of no other contractual re- more transparency in affinity arrange- victory will be for people such as Don lationship, whether it is purchasing a ments between credit card companies and Samantha Moore of Guilford, CT, home, buying an automobile or an ap- and universities. and their three daughters; or Kristina pliance, where the one party can vir- With respect to affinity cards and Jorgenson of Southbury CT; and Phil tually unilaterally change the terms of protection of students, I also wish to Sherwood, a member of the city coun- the contract. Yet that goes on every thank Senator CASEY of Pennsylvania, cil, of New Britain, CT. All of these day with credit card issuers. Senator FEINSTEIN of California, Sen- constituents of mine came to me with Madam President, 20 to 25 percent of ator CORKER of Tennessee, and Senator stories about how they had seen abuses students now have over $7,000 in credit GRASSLEY of Iowa for their leadership by the credit card industry. card debt—25 percent of our student as well. In the case of Don and Samantha body at the university and collegiate Let me also thank several of our col- Moore: 40 years of credit card alle- level. The average college graduate leagues with whom we worked to in- giance, one 3-day-late payment re- owes over $4,000, a major factor of some clude protections regarding small busi- sulted in an increase from 12 to 27 per- students dropping out of school. ness—Senator BEN CARDIN of Maryland, cent in interest rates and reducing The average family in our country, Senator JOHANNS of Nebraska, and Sen- their credit limit from $32,000 to $4,000. with credit cards, now has what they ator MARY LANDRIEU of Louisiana. They run a small business. It probably call revolving debt—the bulk of which They strove mightily to include a put them out of business—just for is credit card debt—well in excess of study and report on the use of credit being 3 days late for the first time in 40 $10,000 per family. So, clearly, with cards by small businesses. years. those kinds of obligations and debts, Senator OLYMPIA SNOWE of Maine In the case of Kristina Jorgenson in something needed to be done. That is worked with our Senate colleague from Southbury: She watched her rates go what we have done with this legisla- Louisiana to include the establishment from 5 percent to 24 percent for being 3 tion.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12863 So the industry has obligations. Con- cludes Joe Lapia and Brandon (A) in order to implement the Executive sumers have the right not to be taken Durflinger, Meredith Mellody and Order of the President to close the detention to the cleaners, and they have a right Esteban Galvan as well from the cloak- facility at Naval Station Guantanamo Bay, to expect that they will be treated fair- room staff who worked so hard. Cuba, ‘‘it is likely that we will need a facil- ity or facilities in the United States in which ly when they enter into a contractual I am sure I have left some people out, to house’’ detainees; and agreement; that they won’t be the only and I apologize if I have done so in (B) ‘‘[p]ending the final decision on the dis- ones required to uphold their end of the thanking them for their work. But all position of those detainees, the Department bargain. Certainly, consumers have a of these people in their own way con- has not contacted state and local officials right not to live in fear that a clause tribute to what happens here. They about the possibility of transferring detain- buried in the fine print of their credit don’t often get mentioned. Those of us ees to their locations’’. card contracts might someday be their who have the right to speak in this (2) The Senate specifically recognized the financial undoing, and they should Chamber are the ones who are seen and concerns of local communities in a 2007 reso- lution, adopted by the Senate on a 94–3 vote, have a right to trust that their child heard, but I want my constituents and stating that ‘‘detainees housed at Guanta- won’t be saddled with debt before they people in this country to know there namo should not be released into American have turned 21. are people every day whose names you society, nor should they be transferred state- Standing up for those families and will never know, whose faces you will side into facilities in American communities their children and forcing those rights never see, who contribute mightily to and neighborhoods’’. is what this legislation was designed to the products that get produced in this (3) To date, members of the congressional do, and we accomplished that goal. body. It takes cooperation on the part delegations of sixteen States have sponsored So I wish to thank my colleagues of all of us, regardless of where we legislation seeking to prohibit the transfer again for their efforts, their diligence, to their respective States and congressional come from, what party affiliation we districts, or other locations in the United their commitment to ensuring that we are, what ideological leanings we may States, of detainees at Naval Station Guan- pass a strong bill that will benefit con- have. They are wonderful, remarkable tanamo Bay sumers across the country. people who give their time and their (4) Legislatures and local governments in I wish to thank majority leader professional careers to this institution several States have adopted measures an- HARRY REID, and I wish to thank the and who make these kinds of events nouncing their opposition to housing detain- minority leader, the Republican leader. and these kinds of results achievable. ees at Naval Station Guantanamo Bay in HARRY REID provided the time and So I thank them all, and I thank all their respective States and localities. space for the consideration of this bill of my colleagues again. (b) SENSE OF SENATE.—It is the sense of the which would not have happened if the I look forward to a day in the hope- Senate that the Secretary of Defense should leadership didn’t decide to make that fully not too distant future when Presi- consult with State and local government of- ficials before making any decision about time available for something as com- dent Obama will sign this legislation where detainees at Naval Station Guanta- plicated as this, with many different into law. namo Bay, Cuba, might be transferred, ideas that were brought to the table. I I yield the floor. housed, or otherwise incarcerated as a result wish to thank the floor staff that is Mr. INOUYE. Madam President, I of the implementation of the Executive here for their work, both the majority suggest the absence of a quorum. Order of the President to close the detention and minority side as well. They were The PRESIDING OFFICER. The facilities at Naval Station Guantanamo Bay. very patient. It has been over 2 weeks clerk will call the roll. Mr. BROWNBACK. Madam President, now. The bill clerk proceeded to call the I wish to thank my colleague, the We dealt with the housing bill last roll. chairman of the committee, for allow- week, and now the credit card bill this Mr. BROWNBACK. Madam President, ing this to be brought up. Obviously, week, and they had to put up with me I ask unanimous consent that the order people can object to different things, for 2 straight weeks on the floor of this for the quorum call be rescinded. but he is allowing this to be brought The PRESIDING OFFICER. Without Chamber. I am very grateful to them. I up. objection, it is so ordered. wish to thank my staff as well. It is a very simple amendment. It is LINSEY GRAHAM, who is on the Bank- AMENDMENT NO. 1140 germane as far as the Guantanamo Bay ing Committee staff, has done a mag- Mr. BROWNBACK. Madam President, issue. Basically, what it says is, the nificent job over the years and in work- I have an amendment that I wish to Department of Defense needs to con- ing on this legislation. Amy Friend, call up at the desk. I wish to note that sult with local communities and States Charles Yi, Colin McGinnis, along with the chairman of the committee has before they locate these detainees in a other members of the staff, but they been very good to work with me on get- State or locale in the United States. I were the principal ones who spent long ting this called up. think that is something all of us would hours and nights over the weekends The PRESIDING OFFICER. The basically agree to—that this is some- over the past several weeks to pull this clerk will report. thing that should be done. This is a legislation together. The bill clerk read as follows: very contentious issue. It is obviously Bill Duhnke and Mark Oesterle of The Senator from Kansas [Mr. BROWNBACK] a very contentious issue in my State, Senator SHELBY’s staff as well worked proposes an amendment numbered 1140. having been mentioned a number of very hard, and I am very grateful to Mr. BROWNBACK. Madam President, times as a possible site for detainees. them. I ask unanimous consent that the read- I wish to thank the staff here as well. ing of the amendment be dispensed People in the community of Leaven- Certainly, the majority leader’s staff, with. worth, KS, and people across the State Gary Myrick and Randy Devalk, who The PRESIDING OFFICER. Without of Kansas, including former Governor did a great job, and I thank them. I objection, it is so ordered. Sebelius, now Cabinet Secretary, sent a can’t say enough about Lula Davis and The amendment is as follows: letter to the Department of Defense about Tim Mitchell. Trish Engle and (Purpose: To express the sense of the Senate saying we can’t handle the detainees at Jacques Purvis did a wonderful job. I on consultation with State and local gov- Leavenworth, the military disciplinary thank them. I thank David, as well, on ernments in the transfer to the United barracks that are there. the minority staff. They were just won- States of detainees at Naval Station Guan- So what I hope is that at some point derful. tanamo Bay, Cuba) in time we could vote on this amend- I tried their patience, I know, on At the end of title III, add the following: ment and send that clear message to more occasions than I care to remem- SEC. 315. (a) FINDINGS.—The Senate makes the administration and the Depart- the following findings: ber, but without their involvement (1) In response to written questions from ment of Defense that before any of over these past several days we would the April 30, 2009, hearing of the Committee these things are considered, State and not have been able to achieve this ac- on Appropriations of the Senate, the Sec- local officials are consulted because, complishment today. That also in- retary of Defense stated that— obviously, on security issues, we are

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12864 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 going to have to do a lot of coopera- There is a second key point I want to In the last few days, we have seen a tion. If these detainees are moved any- make, which is that when you look at flurry of amendments relating to this where into the continental United the situation at Guantanamo Bay and issue, some Republican and others from States—anywhere into the United meet with the military personnel who Democrats. Indeed, it seems that this States—they are going to have to be are handling it—who I think are doing issue has overshadowed the necessary dealt with. an excellent job—they point out clear- focus on the ongoing wars in Iraq and Further, I wish to speak about the ly that the members of al-Qaida who Afghanistan and the way forward in Inouye-Inhofe amendment. Last week, are there continue the battlefield in each. I am afraid this bipartisan ex- on Friday, I led a congressional delega- the prison. They talk about various pression of concern and surge of legis- tion of four Members to view the facil- things that are being done, a number of lative activity has a single cause: the ity at Guantanamo Bay. I would urge which—I will not mention some here— decision by President Obama in one of all of my colleagues to go and look at are quite difficult to deal with among his first acts after his inauguration to the facility. It is really an extraor- our military personnel. Our people look announce that he would close Guanta- dinary piece of real estate which the at the detainees as continuing the bat- namo Bay 1 year after taking office, Navy has used for many years, but it is tlefield in the prison. without presenting a plan for the dis- also an extraordinary facility where we Do we want to bring that into the position of the prisoners there. By an- have invested several hundred million prison system in the United States—a nouncing Guantanamo’s closure with- dollars into this mission. They built it continuation of the battlefield into the out first conducting an in-depth review up over a period of time. They have se- prison system here? I don’t think so. of the difficult issues posed by the curity that is being provided. We are not set up to handle that. We Guantanamo detainees, we are left The conclusion I came away with is need to consider that issue. The prac- today arguing over the wisdom of shut- that Guantanamo Bay is a highly spe- tical issue here is what we do with the tering the prison in the absence of any cialized detention system for hundreds detainees, which is a difficult problem plan for what comes next. of terrorists, and replicating it would for us. They are not in the criminal With the administration unable to be enormously difficult, expensive, and system in the United States, nor propose and seek support for a com- unnecessary. I think my view rep- should they be. They are not enemy prehensive plan that encompasses all resents the views of the colleagues of combatants, as far as representing a aspects of detainee policy, the Congress mine who went on the trip with me. I foreign country. has been understandably reluctant to would urge people to go. We are going to have to figure out fund the closure of Guantanamo as the Attorney General Holder has gone our way through it. I invite the admin- President requested in this supple- and said it is a well-run facility. I istration to talk with Members in op- mental. In fact, the Democratic chair- would urge President Obama to go and position to closing it. We shouldn’t men of the Appropriations Committee to look at the facility firsthand. What have an artificially specific date to in both the House and Senate have now they have put in there is a very spe- close Guantanamo Bay, when we don’t stripped funding for closing Guanta- cialized facility to handle a very dif- have an alternative set up. We don’t namo from their respective supple- ficult situation. have a system set up for how we are mental funding bills. The Senate ma- I know it has an image issue around going to handle the detainees we are jority leader now says his party will going to try. It makes better sense to much of the world. But an image issue not proceed in the absence of a com- not have this arbitrary timeline set is one thing. The practicality of deal- prehensive plan for Guantanamo’s clo- and for us to work together on how we ing with the prisoners we have there, sure. the detainees, is another. This is a spe- are going to work our way through It didn’t have to be this way. During cialized facility for handling them. I this, and we should work together in a the past election, I too supported clos- found they were able to handle dan- bipartisan fashion. I think we can do ing Guantanamo and pledged to do so. it. I support the Inouye-Inhofe amend- gerous detainees. I found that how they I continue to believe it is in the inter- ment. It is appropriate and I think it were being handled was quite fair. est of the United States of America to represents where most U.S. citizens I think we should treat detainees close Guantanamo. But all policy- are. fairly, humanely, according to the con- makers must understand how essential I close by congratulating and thank- ventions, and they are being treated as ing our military personnel who work at it is to gain the trust of the American such. But to transfer the detainees to Guantanamo Bay. I think they are people on this sensitive national secu- the United States, we don’t have a fa- doing an outstanding job under very rity issue. We cannot simply proceed cility that could handle this. I question difficult circumstances. It is a tough without explaining to the American whether we could get a locale that setting they are working in. It is a people what the plan is for how these wants to handle the detainees in the tough issue we are dealing with. I prisoners will be handled in a way that United States. It would also delay the think they are doing a good job. I is consistent with American values and justice of the military commissions op- think we are going to have to detain protective of our national security. erating. We have constructed a court- these people for some time because too The American people deserve a detailed room at Guantanamo, at the cost of many are answering the battlefield explanation of what will take place the several million dollars, which is com- again. They even continue it in incar- day after Guantanamo is closed, and pletely secure, which is ready to start ceration. There is no reason to think they must be certain their Government the military commission trials. It has they wouldn’t continue it if they are will execute its most fundamental a video streaming system in it that is allowed to get back onto the battle- duty, which is to keep America and its completely secure, so that witnesses field. I look forward to votes on my citizens safe. can be interviewed around the world amendment and others. When the President announced his into this courtroom setting. It is set up I yield the floor. decision last Friday to restart military and ready to go. The PRESIDING OFFICER. The Sen- commissions to try Guantanamo de- Now that the President has gone for- ator from Arizona is recognized. tainees for war crimes, I applauded ward with some adjustments in the Mr. MCCAIN. Madam President, I that decision. I have long believed that military commission process, it would will make a few remarks about what is military commissions should be the delay the process further if you re- perhaps the most contentious issue in chief venue for trying alleged war quired this military commission facil- this supplemental funding bill, and crimes violations committed by Guan- ity to be constructed somewhere else in that is the issue we have been dis- tanamo detainees. There is no doubt the United States or around the world. cussing throughout the day, and that is that the coordination, complexity, and It would delay it in the setup and in how to handle the United States deten- massive scale of the 9/11 attacks that the movement of these detainees to tion facility at Guantanamo Bay, left over 3,000 innocent people dead other places around the world. Cuba. constitute war crimes. There is also no

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12865 doubt that al-Qaida and its supporters while a piecemeal approach, without doing with forged passports and other were then, and continue to be today, addressing the legitimate concerns of information and documentation? committed to the destruction of our the American public and Congress, will Maybe these people are not all goat values and our way of life and our val- continue to divide us. herders. Maybe these people really are ues in a fashion that bears no resem- I yield the floor. connected with al-Qaida, just based on blance to the acts of common crimi- Mr. INOUYE. Madam President, I what they found. nals. suggest the absence of a quorum. I have watched an interrogation take But while I applauded the President The PRESIDING OFFICER. The place at Guantanamo by closed-circuit for restarting military commissions, I clerk will call the roll. television. The interrogation room is also pointed out that the President’s The legislative clerk proceeded to one which has stuffed furniture, pleas- overall decisionmaking on detainee call the roll. ant surroundings. The detainee, to be policy has left more questions than it Mr. BENNETT. Madam President, I sure, has irons on his legs so that he has provided answers. The numerous ask unanimous consent that the order cannot leave his chair where he is sit- unresolved questions include: where for the quorum call be rescinded. ting. They are not tying him directly the Guantanamo inmates will be held The PRESIDING OFFICER. Without to the chair, but he couldn’t get up and and tried; how we will handle those objection, it is so ordered. walk out. But he is sitting on the who cannot be tried but are too dan- Mr. BENNETT. Madam President, I chair, and the interrogator is sitting gerous to release; how we will deal rise to thank the chairman of the full across the room in another chair, and with the prisoners held at Bagram Air committee, along with the ranking they are having a pleasant conversa- Base in Afghanistan, some of whom member, for their wisdom with respect tion. were captured off the Afghan battle- to the money allocated for Guanta- You say: What kind of an interroga- field. namo Bay and the prison there. I want tion is this? The interrogation is a con- I point out to my colleagues—and to make a few comments with respect versation, and it goes on for an hour, most of them know, and many Ameri- to the prison at Guantanamo Bay. an hour and a half. Then next week cans know—that we have already had I have visited the prison at Guanta- there is another conversation that goes the experience of around 10 percent of namo Bay. I led a CODEL—for those on for an hour, an hour and a half, 2 those detainees who were released re- watching on television, that means a hours, whatever it might be. Out of turn to the battlefield. One of them is congressional delegation—of myself, those conversations, little items begin a high-ranking al-Qaida operative in members of the House, and, on this oc- to slip from the mouth of the detainee. southern Afghanistan and another in casion, I took some members of the Eu- The interrogator is able to take those Pakistan. So this is a real threat. ropean Parliament. That is interesting, items and piece them together, and The lack of a comprehensive, well- because when we came back and held a pretty soon, after a few weeks or thought-out plan led to a predictable press conference to report what we had maybe a month or two, the interro- political backlash to any movement on found, members of the European Par- gator knows that goat herder A has Guantanamo. Instead of unifying liament on the CODEL said, ‘‘We can- just identified goat herder B as an ex- Americans behind a plan that keeps us not participate in this press con- plosives expert high in the level of al- safe and honors our values, the admin- ference.’’ I said, ‘‘Why?’’ They said, ‘‘If Qaida. Then, based on that informa- istration’s course of action has unified we told the truth about what we saw at tion, when goat herder B is in for his the opposition to moving forward—and Guantanamo, we could not go home to interrogation, there is a conversation, move forward we must. National secu- Europe. The animosity toward Guanta- and another thing starts to slip. Over a rity issues of this dimension require namo in Europe is so strong that if we period of months, a pattern of informa- more than announcements and future told the truth about how good things tion emerges that makes it possible to promises. They require full detailed ex- are down there, we would be attacked identify who is what and where in the planations of a proposed course in politically in Europe and we would lose whole al-Qaida operation. order to gain the support of the Amer- our seat in the European Parliament.’’ Understand, the interrogation is not ican people and their elected leadership I said: Well, I don’t want you to lose Soviet style to try to beat a confession in Congress. That is what will be re- your seats in the European Parliament. out of anybody. It is to find out infor- quired for success in closing the prison I won’t ask you to participate. But we mation that can be used in the war at Guantanamo Bay. did hold a press conference, and one of against terror. This information is I know we will hear arguments dur- those who did participate said: I wish painstakingly put together over a pe- ing this debate that we should deny the prisons in my district back home riod of time. Pretty soon, the pattern funding to close Guantanamo until we were as good as the prison in Guanta- emerges, and the interrogators begin to see a plan on what to do with the de- namo. understand who these people are, what tainees, and we will also probably see Let me describe what we found in their relationship to each other may amendments to deny detainees any Guantanamo, not with respect to how be, and what their role was out on the sort of entry or asylum into the United well the prison was designed or how battlefield. States, whether it is for trial, post- well the prison was administered but One of the things I had not realized trial incarceration, long-term preven- who the prisoners are, or, as they are until I got there was that as a result of tive detention, or administrative de- appropriately called, the detainees. this process, the determination has tention pending deportation. We will If you talk to the detainees, every been made with respect to hundreds of do the best we can to deal with these one of them is a goat herder picked up these detainees that they are no longer issues, with the information from the by accident by the American troops dangerous, they no longer have any in- administration that is available to us. when they were in Afghanistan or in formation we need, they are no longer I look forward to working with my Iraq or wherever it was. None of them in a position to be dangerous to the colleagues on both sides of the aisle on had any connection with al-Qaida at United States. When that determina- this issue. But most important, I again all. This was all a huge mistake. tion is made, they are released. say to the President that I will work I have been in the storeroom where Hundreds of the detainees at Guanta- with him to forge a bipartisan solution they keep all of the items that were namo have been released. Many of to this very difficult problem that taken from these detainees when they them have showed up again on the bat- faces all of us. I urge again that we ad- were picked up. The question arises: tlefield. Indeed, some of them have dress all the detainee policy issues in a What is a goat herder doing with hun- been killed by American troops on the comprehensive fashion and lay out a dreds of dollars of American money in battlefield as they have been fighting plan that will keep us safe and honor $100 bills? What is a goat herder doing back, which means the interrogators our values. I strongly believe a com- with sophisticated explosive equipment who decided they were no longer dan- prehensive plan will lead to success, in his back sack? What is a goat herder gerous made a mistake. It turns out

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12866 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 they really were dangerous, they really able to gain control of the situation, the guard in the hope that they will were connected at a higher level than and the rest of the guards were alerted get killed or seriously injured in order we were able to determine through the fast enough to come in before it turned to make an international incident. interrogator, and they had fooled the into serious injury. But the American This is not your average automobile interrogator into believing they were guard came very close to serious in- stealer. This is not even your average innocent bystanders who somehow did jury. drug dealer. This is someone who has a not belong there, and they got released Their hope was, as nearly as the in- political agenda and sees the prison in and found their way back to Afghani- terrogators could figure out, to pro- America as the stage on which that stan, back to the battlefield. Some of voke the Americans into killing one of agenda can be acted out. To put that them whom we knew well enough from them. Their hope was to create a cir- prisoner into an American prison their time in Guantanamo identified on cumstance where there would be a where they are going to be rubbing the battlefield were shot and killed by death in Guantanamo that would cre- shoulders with other convicts who have American forces in firefights where ate a worldwide outcry of outrage absolutely no idea what they are get- they were attacking Americans. against the brutal Americans in this ting into and call upon guards to deal One of the things they do at Guanta- prison and thereby make their political with them who have no idea what they namo—‘‘they’’ being the detainees—is point. are getting into is seriously not a good to make every effort to communicate There were many other examples idea. with each other and create conspiracies which were given to us of attacks on Where do you keep people like this? within the prison. Conspiracies to do the guards by the prisoners in cir- You keep them in a facility that is de- what? Conspiracies to create incidents cumstances, again, that are not appro- signed to deal with them. You keep that will create international outrage priate to discuss in this setting but them with guards who are trained to against the United States. that are thoroughly disgusting and deal with them. And you use the facil- Two weeks before we arrived there, outrageous in terms of the violation of ity to get the information they can there was one such incident. I had not the person of the guards involved. give you to be helpful in the war on seen it in the American newspapers. I On one occasion where it was par- terror. That is what the prison at was told that it was reported in the ticularly outrageous, it was a young Guantanamo was built to become, and American newspapers but only in pass- woman who had joined the Navy and that is what it is. ing. When we got the details from the was in her first assignment doing her If the President of the United States now decides that keeping Guantanamo guards and the administrators of the best to patrol up and down an aisle be- open is a political embarrassment with prison describing the specifics of what tween the cells. In this case, the cells other countries in the world and it be- had happened, I realized that the story had screens on them through which comes necessary for us in our diplo- in the American newspapers was very items could be thrown. They were macy to close Guantanamo, I say that sketchy. thrown at her and in her face. is his decision. The Constitution gives Over a period of months, the detain- Their commanding officer said to him the responsibility of foreign af- ees conspired together to create an in- her: Go take a shower and take the fairs, and I will respect that decision. cident in the area that was part of the afternoon off, to recover from this hor- But as a Member of the Congress, I exercise facility. They planned it very rendous kind of experience for her. don’t want to fund that decision until I carefully. They worked together. They She said: I will take the shower, I know what he has in mind as an alter- complied with all of the rules in the will get a clean uniform, but I will native place to put them. The idea of prison that would allow them greater come back. I will not let them intimi- breaking them up and scattering them freedom because as the commandant of date me to say I can no longer walk my around the United States and letting the prison said to us: I don’t have very patrol. them go to ordinary prisons—be they many sticks; I only have carrots. That is the kind of valor and integ- Federal, State, or local—in the United To get people to cooperate, if they rity we have from the Americans who States is to ignore who they are and ig- abide by the rules they lay down, we are there policing these people. nore what they can do and ignore the give them greater freedom, we give I could go on about other things we challenge they represent to law en- them greater opportunities. So these discovered. The primary health care forcement and penitentiary personnel people would comply in every way problem the detainees have in Guanta- in America’s existing prisons. So that until they could get to a circumstance namo is obesity. They are fed so well is why I applaud the chairman in his where they could talk to each other, be and they have no control on how much decision to say we are going to put this on the exercise field, and hatch their they eat; they can use whatever they off. We are going to delay the time plan. want from the food as they come into when Guantanamo will be closed until Finally, this is what they did. They the commissary. The doctors and the we have a logical place to put them. put up some screens in the form of nurses who are there to take care of Because right now, if you want to de- clothing or some kind of cover so that them say we have a problem of over- scribe the logical place to put these the guards, for a short period of time, weight with every one of them. They prisoners at this time, in this par- could not see what they were doing in have never had this much food avail- ticular struggle with al-Qaida and the this room. In that period of time, they able to them in their lives. rest of the terrorists, the logical place pulled down the fluorescent tubes from They are all looked after. Many of is where they are right now. If it means the light fixtures in the ceiling so that them came with significant health care keeping Guantanamo prison for an they could use them as weapons. At the problems off the battlefield, and it is extra year or an extra 2 years or what- same time, they covered the floor with the American medical corps that has ever it takes to get an intelligent al- a variety of liquids, their purpose was made them well and whole. ternative, I say, let’s do that. Because to make the floor as slippery as pos- Why do I dwell on all of this about the intelligent alternative does not sible. Then when the guard came in to the nature of the prisoners? Because I exist at the moment. see what was going on because the am sympathetic with those Americans I hear no plans being drawn to create screens had gone up, as he walked in, who say: We don’t want these people in it in the future. I think we owe it to suddenly he was standing on liquids our prisons. And indeed we don’t—not those Americans who would otherwise that were slippery so that he couldn’t because of a ‘‘not in my backyard’’ have to deal with it if the U.S. Navy get his footing very well, and they were syndrome, but guards who are trained doesn’t, to say we are not going to turn attacking him with the fluorescent to deal with the kinds of prisoners who them over to you until you have a le- tubes as weapons, trying to create a show up in American prisons now are gitimate and well-thought-out plan as significant incident. Fortunately, he not prepared to deal with people who to the way to deal with it. was able to keep his footing. He was are potential suicides to make a point, It is for that reason, again, that I able to pull out his weapon. He was people who will deliberately provoke congratulate the chairman and the

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12867 committee on the decision to withhold with Osama bin Laden; 63 traveled to closure of Guantanamo as ‘‘good for all this funding until such a plan has been Tora Bora. nations.’’ He argued that anger over made available to us. The administration has stated that the prison has become a ‘‘powerful I yield the floor, and I suggest the ab- they will bring the Chinese Uighurs to global recruiting tool for terrorists.’’ sence of a quorum. the United States for the sole purpose With all due respect to the Attorney The legislative clerk proceeded to of releasing them. All 17 Uighurs have General, neither he nor anyone else in call the roll. demonstrable ties to the East this administration has yet dem- Mr. HATCH. Madam President, I ask Turkistan Islamic Movement, the onstrated a strong analytic under- unanimous consent that the order for ETIM, a designated terrorist organiza- standing of what is motivating ter- the quorum call be rescinded. tion since 2004. The ETIM made ter- rorist recruitment. Furthermore, ter- The PRESIDING OFFICER. Without rorist threats against the 2008 Beijing rorist organizations did not appear to objection, it is so ordered. Olympics, and, regardless of previous face a shortage of recruits for violent Mr. HATCH. Madam President, I, terrorist activity, any member of this jihad prior to the media frenzy on the again, rise to express my concerns re- organization would be ineligible to Guantanamo facility. Jihadists are garding the closure of the Guantanamo enter the United States, pursuant to ideologically motivated. In fact, cor- Bay Detention Center. The closure of Federal immigration law, let alone be roborated evidence obtained from this Nation’s only secure strategic in- allowed to roam this country. interviews and interrogations of de- terrogation center puts our Nation at One of the trainers for these Chinese tainees at Guantanamo has revealed risk. nationals was Hassan Mahsun, an asso- that 118 of the remaining detainees in I am uncompelled by the Obama ad- ciate of Osama bin Laden. The Uighurs custody were recruited or inspired by a ministration’s legal and policy reasons traveled to Afghanistan by using al- terrorist network. Therefore, closing to justify closing Guantanamo within Qaida resources. They were also lodged Guantanamo in the next 8 months is the next 8 months. Currently, there is in al-Qaida safe houses and terrorist simply not going to be a ‘‘silver bullet’’ no suitable replacement for Guanta- training facilities. This alone is indic- and solve the problem of recruitment namo. This $200 million facility is se- ative that these terrorists were vetted to violent jihad. cure and is a state-of-the-art facility. and respected enough to be allowed ac- For this and other reasons, I am sim- Moreover, it is located away from pop- cess to al-Qaida havens. ply not willing to trade Guantanamo ulation centers and staffed by trained Title 8, section 1182 of the United for the possibility of trying to appease military personnel. Guantanamo has States Code defines inadmissible and become more popular with our no equal within the continental United aliens. Under this law, any alien who critics living in foreign countries. Pop- States. has engaged in terrorist activity or is a ularity is an inappropriate and ex- On March 19, 2009, it was reported by representative of a terrorist organiza- tremely mushy measure of policy the Wall Street Journal that Attorney tion is ineligible to enter the United soundness. Many of our foreign critics General Eric Holder made reference to States. The ‘‘Guantanamo’’ Uighurs would like our nation to abandon its the idea that the Department of Jus- have certainly met this definition, but support for Israel. Of course we tice would bring some of the detainees to completely address this argument, I wouldn’t. If our Nation’s popularity to this country and release them. The want to take this analysis one step fur- abroad is our primary concern, Attorney General’s statement that he ther. The law also states that ‘‘any wouldn’t we have to consider that op- is open to a policy of outright release alien who has received military-type tion? I know this Senator will never of terrorists brought to the United training from or on behalf of any orga- consider that, irrespective of what our States is disturbing, coming as it does nization that, at the time the training foreign critics say or what the contem- from the senior administration official was received, was a terrorist organiza- porary media or oversensitive dip- charged with executing this plan. It tion, is ineligible to enter the coun- lomats suggest. also does not dispel my grave concerns try.’’ If the administration follows its about closing Guantanamo Bay. That is what this says: timeline, as I have said before, Guanta- Indeed, the manner in which this clo- In general any alien who has received mili- namo will be closed in 8 months. Any sure has been orchestrated has pro- tary training as identified in section 2339 detainees left in custody at the end of vided few details and little assurance D(c)(1) of title 18, from or on behalf of any that time will be transported to the about how this facility will be closed organization that, at the time training was United States. I think it bears repeat- within the next 8 months and what will received, was a terrorist organization as de- ing that this transport will be from a be the superior alternative to Guanta- fined in clause VI. secure, state-of-the-art facility—one namo. I also would like to point out that that is already operational and fully Of the approximately 240 detainees my esteemed colleague from the Judi- staffed with trained military per- remaining at Guantanamo, 174 of them ciary Committee, Senator SESSIONS, sonnel. Relocation of these detainees received or conducted training at al- has brought this statute to the atten- to the United States would require Qaida camps and facilities in Afghani- tion of the Attorney General. My col- agencies like the U.S. Marshal Service, stan. There is direct evidence that 112 league has asked for the reasoning be- FBI and the Bureau of Prisons—BOP— participated in armed hostilities hind the Justice Department’s asser- to divert assets and manpower from es- against U.S. or coalition forces. Fur- tion that the Uighurs could be foisted sential programs and facilities to se- thermore, 64 of these remaining detain- upon unsuspecting American commu- cure these detainees. ees either worked for or had direct con- nities as Chinese citizens in need of It is worth noting that the Bureau of tact with Osama bin Laden, and 63 of asylum. The Justice Department’s Prisons does not have enough space the remaining detainees had traveled opinion that terrorists can be brought available to house these detainees in to Tora Bora. to this country for the purposes of non- high-security facilities. BOP officials In 2001, the Tora Bora cave complex detention is preposterous. It is another have previously stated that they con- became the fallback position for the example of this administration’s pro- sider these prisoners a ‘‘high security Taliban and was believed to be the pensity to leap before it looks—to rush risk.’’ As such, they would need to hideout for Osama bin Laden. Not just headlong into making policy without house them in a maximum-security fa- anyone could gain access to these carefully analyzing what the unwanted cility. The BOP has 15 high-security fa- caves. We have gone through these par- byproducts or consequences of that pol- cilities. These installations were origi- ticular features. There were 174 who re- icy will be. I am interested in hearing nally built to hold 13,448 prisoners, yet ceived training in al-Qaida camps in the Justice Department’s legal rea- they currently house more than 20,000 Afghanistan; 112 participated in armed soning for justifying this transfer. high-security inmates. So it doesn’t hostility with the U.S. or coalition Three weeks ago, while in Germany, take a rocket scientist to see that the forces; 64 worked for or had contact Attorney General Holder described the BOP cannot receive these Guantanamo

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12868 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 detainees. The Bureau’s high-security colleagues that Common Article III of upon the use of this time, the Senate facilities are already woefully over- the Geneva Convention requires that proceed to vote on the Inouye amend- crowded by nearly 7,000 inmates. prisoners of war not be held in civilian ment with no amendment in order to Look at the current population, the prisons and should not be tried in civil- the amendment. yellow bar graph. The blue one is the ian courts. The PRESIDING OFFICER. Without total rated capacity. We have enough Guantanamo is still an asset to this objection, it is so ordered. people in these high maximum security country. I don’t see how anyone who is CLOTURE MOTION prisons that they are overfilled now. honest about the matter can charac- Mr. REID. Mr. President, I send a Yet they want to put these high-risk terize it any other way, especially cloture motion to the desk. terrorists—somewhere. They certainly when there is not a sufficient replace- The PRESIDING OFFICER. The clo- can’t be in these high-risk facilities. ment located domestically to meet the ture motion having been presented Moreover, it does not appear to be Justice Department’s needs. It is my under rule XXII, the clerk will report fiscally smart to shutter a functional fervent hope that the President and the the motion. $200 million facility that has no equal Attorney General will reconsider their The assistant legislative clerk read domestically. Why would the Federal ill-considered plan to close Guanta- as follows: Government transfer detainees from a namo and recognize the obvious—that CLOTURE MOTION secure military facility located on an a $200 million dollar facility that is al- island that is isolated from populous We, the undersigned Senators, in accord- ready operational and in compliance ance with the provisions of rule XXII of the areas to a domestic military installa- with international treaties should not Standing Rules of the Senate, hereby move tion? Why should we make the Marshal be shuttered and closed. to bring to a close debate on H.R. 2346, the Service or the Bureau of Prisons jump Mr. President, I yield the floor. Supplemental Appropriations Act of 2009. through hoops to recreate or replicate I suggest the absence of a quorum. Harry Reid, Christopher J. Dodd, Charles the proven effective model of a deten- The PRESIDING OFFICER. The E. Schumer, Mark Begich, Mark L. tion facility that Guantanamo has be- clerk will call the roll. Pryor, Richard Durbin, Patty Murray, come. The assistant legislative clerk pro- Tom Harkin, Edward E. Kaufman, A few weeks ago President Obama ceeded to call the roll. Claire McCaskill, Michael F. Bennet, asked his Cabinet to find ways to save Mr. INOUYE. Madam President, I ask Mark Udall, Jeanne Shaheen, Carl Levin, Jack Reed, Sheldon Whitehouse, $100 million from the Federal budget. unanimous consent that the order for Daniel K. Inouye. However, the President’s Defense Sup- the quorum call be rescinded. Mr. REID. Mr. President, I ask unan- plemental contained $80 million for the The PRESIDING OFFICER. Without imous consent that the mandatory closure of Guantanamo. The adminis- objection, it is so ordered. quorum also be waived. tration had no plan on how to spend AMENDMENT NO. 1137 The PRESIDING OFFICER. Without that $80 million and had not identified Mr. INOUYE. Madam President, I ask objection, it is so ordered. a replacement that is superior to Guan- unanimous consent that the pending tanamo. Fortunately, the House of amendment be set aside and that the f Representatives addressed this flawed Senate return to the consideration of MORNING BUSINESS plan or lack of a plan, and correctly amendment No. 1137. This technical stripped the $80 million out of the De- amendment has been cleared by both Mr. REID. Mr. President, I ask unan- fense Supplemental. Since 1903, we sides. imous consent that we now proceed to have been paying rent to Cuba for the The PRESIDING OFFICER. Without a period of morning business with Sen- use of Guantanamo Bay. This amount objection, the amendment is pending. ators allowed to speak therein for up to is less than $5,000 a month. Despite Is there further debate? If not, the 10 minutes each. this, the administration insists on clos- question is on agreeing to the amend- The PRESIDING OFFICER. Without ing Guantanamo and spending millions ment. objection, it is so ordered. of taxpayer dollars without a defined The amendment (No. 1137) was agreed f plan. That is ludicrous. to. CHANGES TO S. CON. RES. 13 In February, a Department of De- Mr. INOUYE. Madam President, I fense report determined that Guanta- suggest the absence of a quorum. Mr. CONRAD. Mr. President, section namo far exceeds any detention facil- The PRESIDING OFFICER. The 401(c)(4) of S. Con. Res. 13, the 2010 ity here in the United States. This re- clerk will call the roll. budget resolution, permits the chair- port also found that the facility is in The assistant legislative clerk pro- man of the Senate Budget Committee compliance with Common Article III of ceeded to call the roll. to adjust the section 401(b) discre- the Geneva Convention. I am sure I Mr. REID. Mr. President, I ask unan- tionary spending limits, allocations need not remind my colleagues, many imous consent that the order for the pursuant to section 302(a) of the Con- of whom have visited Guantanamo as I quorum call be rescinded. gressional Budget Act of 1974, and ag- have, that this facility has the capa- The PRESIDING OFFICER (Mr. gregates for legislation making appro- bility to accommodate a trial, provide UDALL of Colorado.) Without objection, priations for fiscal years 2009 and 2010 health care and securely house some of it is so ordered. for overseas deployments and other ac- the most dangerous terrorists ever cap- Mr. REID. Mr. President, I ask unan- tivities by the amounts provided in tured. imous consent that on Wednesday, to- such legislation for those purposes and Sadly, the epitaph of the Guanta- morrow, May 20, after any statements so designated pursuant to section namo Bay Detention Facility was writ- of the leaders, the Senate resume con- 401(c)(4). The adjustment is limited to ten the day the executive orders to sideration of H.R. 2346 and Inouye the total amount of budget authority close it were signed. Despite not having amendment No. 1133; that there be 2 specified in section 104(21) of S. Con. a process to close Guantanamo, the ad- hours of debate equally divided and Res. 13. For 2009, that limitation is ministration is determined to do it controlled between the leaders on that $90.745 billion, and for 2010, it is $130 anyway. Therefore, Guantanamo will amendment or their designees, with billion. be closed in 8 months—not because its the time allocated as follows: The first On May 14, 2009, the Senate Appro- current conditions violate the Geneva 30 minutes under the control of the Re- priations Committee reported S. 1054, a Convention, but because of a slan- publican leader, the second 30 minutes bill making supplemental appropria- derous campaign by the media to paint under the control of the majority lead- tions for the fiscal year ending Sep- Guantanamo as a symbol of injustice. er, and the final 60 minutes divided tember 30, 2009, and for other purposes. Unfortunately, some of my colleagues equally, with 10-minute limitations, The reported bill will be offered as a have drank the Kool-Aid and bought with the final 5 minutes of time under complete substitute to H.R. 2346, a bill into this canard. Let me remind my the control of Senator INOUYE; that making supplemental appropriations

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12869 for the fiscal year ending September 30, CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL 401(c)(4) of S. Con. Res. 13 and to reflect 2009, and for other purposes. YEAR 2010—S. CON. RES. 13; REVISIONS TO THE the changes made by this amendment. I find that the amendment in the na- CONFERENCE AGREEMENT PURSUANT TO SECTION I ask unanimous consent that the fol- ture of a substitute to H.R. 2346 fulfills 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY lowing revisions to S. Con. Res. 13 be the conditions of section 401(c)(4). As a AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- printed in the RECORD. result, for fiscal years 2009 and 2010, I MITTEE AND THE SECTION 401(b) SENATE DISCRE- There being no objection, the mate- am revising both the discretionary TIONARY SPENDING LIMITS—Continued rial was ordered to be printed in the spending limits and the allocation to [In millions of dollars] RECORD, as follows: the Senate Committee on Appropria- CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL tions for discretionary budget author- Initial allo- Revised al- Adjustment location YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO ity and outlays. For 2009, the total cation limit limit amount of the adjustment is $88.290 bil- THE CONFERENCE AGREEMENT PURSUANT TO SECTION FY 2009 Discretionary Outlays 1,220,843 26,353 1,247,196 lion in discretionary budget authority 401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVER- FY 2010 Discretionary Budget SEAS DEPLOYMENTS AND OTHER ACTIVITIES and $26.353 billion in outlays. For 2010, Authority ...... 1,082,250 5 1,082,255 the total amount of the adjustment is FY 2010 Discretionary Outlays 1,269,471 34,753 1,304,224 [In billions of dollars] $5 billion in discretionary budget au- f Section 101 thority and $34.753 billion in outlays. I (1)(A) Federal Revenues: am also adjusting the aggregates con- FURTHER CHANGES TO S. CON. FY 2009 ...... 1,532.571 RES. 13 FY 2010 ...... 1,653.682 sistent with section 401(c)(4) of S. Con. FY 2011 ...... 1,929.625 Res. 13 to reconcile the Congressional Mr. CONRAD. Mr. President, section FY 2012 ...... 2,129.601 Budget Office’s score of S. 1054 with the 401(c)(4) of S. Con. Res. 13, the 2010 FY 2013 ...... 2,291.120 amounts that were assumed in section budget resolution, permits the chair- FY 2014 ...... 2,495.781 (1)(B) Change in Federal Revenues: 104(21) of S. Con. Res. 13 for the 2009 man of the Senate Budget Committee FY 2009 ...... 0.000 supplemental appropriation bill. to adjust the section 401(b) discre- FY 2010 ...... ¥12.304 I ask unanimous consent that the fol- tionary spending limits, allocations FY 2011 ...... ¥159.006 FY 2012 ...... ¥230.792 lowing revisions to S. Con. Res. 13 be pursuant to section 302(a) of the Con- FY 2013 ...... ¥224.217 printed in the RECORD. gressional Budget Act of 1974, and ag- FY 2014 ...... ¥137.877 There being no objection, the mate- gregates for legislation making appro- (2) New Budget Authority: rial was ordered to be printed in the priations for fiscal years 2009 and 2010 FY 2009 ...... 3,674.397 FY 2010 ...... 2,888.696 RECORD, as follows: for overseas deployments and other ac- FY 2011 ...... 2,844.910 tivities by the amounts provided in FY 2012 ...... 2,848.117 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL such legislation for those purposes and FY 2013 ...... 3,012.193 YEAR 2010—S. CON. RES. 13; REVISIONS TO THE FY 2014 ...... 3,188.847 so designated pursuant to section (3) Budget Outlays: CONFERENCE AGREEMENT PURSUANT TO SECTION 401(c)(4). The adjustment is limited to FY 2009 ...... 3,358.510 401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVER- the total amount of budget authority FY 2010 ...... 3,003.315 SEAS DEPLOYMENTS AND OTHER ACTIVITIES specified in section 104(21) of S. Con. FY 2011 ...... 2,968.400 FY 2012 ...... 2,882.775 [In billions of dollars] Res. 13. For 2009, that limitation is FY 2013 ...... 3,019.404 $90.745 billion, and for 2010, it is $130 FY 2014 ...... 3,174.836 Section 101 (1)(A) Federal Revenues: billion. FY 2009 ...... 1,532.571 I have already made on adjustment CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL FY 2010 ...... 1,653.682 pursuant to section 401(c)(4) for the bill YEAR 2010—S. CON. RES. 13; FURTHER REVISIONS TO FY 2011 ...... 1,929.625 reported by the Senate Committee on FY 2012 ...... 2,129.601 THE CONFERENCE AGREEMENT PURSUANT TO SECTION FY 2013 ...... 2,291.120 Appropriations making supplemental 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY FY 2014 ...... 2,495.781 appropriations for the fiscal year end- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- (1)(B) Change in Federal Revenues: ing September 30, 2009, and for other MITTEE AND THE SECTION 401(b) SENATE DISCRE- FY 2009 ...... 0.000 purposes. The reported legislation was FY 2010 ...... ¥12.304 TIONARY SPENDING LIMITS FY 2011 ...... ¥159.006 offered as a complete substitute to [In millions of dollars] FY 2012 ...... ¥230.792 H.R. 2346, a bill making supplemental FY 2013 ...... ¥224.217 appropriations for the fiscal year end- Revised al- ¥ Initial allo- FY 2014 ...... 137.877 cation/limit Adjustment location/ (2) New Budget Authority: ing September 30, 2009, and for other limit FY 2009 ...... 3,673.472 purposes. FY 2010 ...... 2,888.696 I now file further changes to S. Con. FY 2009 Discretionary Budget FY 2011 ...... 2,844.910 Res. 13 pursuant to section 401(c)(4) for Authority ...... 1,479,761 925 1,480,686 FY 2012 ...... 2,848.117 FY 2009 Discretionary Outlays 1,247,196 34 1,247,230 FY 2013 ...... 3,012.193 an amendment offered under the au- FY 2010 Discretionary Budget FY 2014 ...... 3,188.847 thority of the Senate Committee on Authority ...... 1,082,255 0 1,082,255 (3) Budget Outlays: Appropriations. I find this amendment FY 2010 Discretionary Outlays 1,304,224 661 1,304,885 FY 2009 ...... 3,358.476 satisfies the conditions of section FY 2010...... 3,002.654 (At the request of Mr. REID, the fol- FY 2011 ...... 2,968.219 401(c)(4). As a result, for fiscal years lowing statement was ordered to be FY 2012...... 2,882.741 2009 and 2010, I am further revising printed in the RECORD.) FY 2013 ...... 3,019.399 both the discretionary spending limits FY 2014 ...... 3,174.834 and the allocation to the Senate Com- f mittee on Appropriations for discre- CONFIRMATION OF MARGARET CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL tionary budget authority and outlays. HAMBURG YEAR 2010—S. CON. RES. 13; REVISIONS TO THE For 2009, the total amount of the ad- ∑ Mr. KENNEDY. Mr. President, I com- CONFERENCE AGREEMENT PURSUANT TO SECTION justment is $925 million in discre- mend my Senate colleagues for con- 401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY tionary budget authority and $34 mil- firming the President’s nominee for AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- lion in outlays. For 2010, the total FDA Commissioner, Dr. Margaret MITTEE AND THE SECTION 401(b) SENATE DISCRE- amount of the adjustment is $661 mil- Hamburg. Strong, new leadership is TIONARY SPENDING LIMITS lion in outlays. With the further ad- needed to improve the operations and [In millions of dollars] justment in budget authority in 2009, morale of the agency and make the the Senate will have used $89.215 billion Revised al- FDA again the world class agency that Initial allo- of the $90.745 billion permitted in ad- cation limit Adjustment location Americans trust to protect the health limit justments under section 401(c)(4). Fi- of their families. FY 2009 Discretionary Budget nally, I am also further adjusting the Dr. Hamburg’s expertise in commu- Authority ...... 1,391,471 88,290 1,479,761 aggregates consistent with section nity health, biodefense, and nuclear,

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12870 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 biological, and chemical preparedness health. Dr. Hamburg is in charge of an start and stop at home: we have also is well-known and highly respected, agency that regulates $1 trillion worth seen chemically tainted pet food, milk and her experience makes her emi- of products a year. The FDA ensures products, and seafood from China. nently well-qualified to lead the FDA the safety and effectiveness of all It is no secret that our food safety at this difficult time. drugs, biological products such as vac- system is in serious trouble. It is all As a student and researcher, Dr. cines, medical devices, and animal over the headlines. It’s also no secret Hamburg learned first hand about drugs and feed. It also oversees the that the FDA the agency responsible many of the issues which confront the safety of a vast variety of food prod- for protecting nearly 80 percent of our FDA. Later, at the Office of Disease ucts as well as medical and consumer food hasn’t kept up, with its outdated Prevention and Health Promotion, as products, including cosmetics. statutes, eroding budgets, and inad- assistant director of the National Insti- As commissioner of the FDA, Dr. equate resources and authorities. tute of Allergy and Infectious Diseases Hamburg is responsible for advancing Congress hasn’t passed a major food at NIH, and as the commissioner of the the public health by helping to speed safety bill in decades, and we are see- New York City Department of Health innovations in its mission areas, and ing the results of that inaction. More and Mental Hygiene, she proved herself by helping the public get accurate, than 76 million Americans become sick to be a brilliant scientist and leader. science-based information on medi- because of a food-borne illness each Her skills were particularly impressive cines and foods. year, 325,000 are hospitalized, and 5,000 on tuberculosis, which was the leading Another core mission of FDA is ap- die. Companies lose the confidence of infectious killer of youths and adults proving drugs and ensuring their safe- their customers and shareholders, and in the city in the 1990s and had become ty. However, the FDA can not ensure they lose profits. Some experts esti- resistant to standard drugs. Within 5 the safety of deadly products such as mate that the peanut growers will lose years, the TB rate in New York City tobacco—it kills people, not cures $1 billion as a result of the latest out- fell by 46 percent overall, and 86 per- them. Yet this week the HELP Com- break. Kellogg, just one company cent for the most drug-resistant mittee, of which I am the ranking among hundreds, lost $70 million. strains. member, is set to consider legislation The time for comprehensive food Dr. Hamburg’s impressive experience that would require the FDA to regulate safety reform is long past due. In was further enhanced by her service as tobacco. At a time when federal dollars March, Senator GREGG and I intro- President Clinton’s Assistant Sec- are stretched and resources are lim- duced the FDA Food Safety Moderniza- retary for Policy and Evaluation at ited, I have serious concerns about add- tion Act, a bipartisan bill that gives HHS, as a member of the Institute of ing more statutory responsibilities at the FDA the new authorities and re- Medicine, and as vice president for Bio- FDA. In addition, given the recalls of sources it needs to protect our food logical Programs at the Nuclear Threat spinach, peanuts, peppers, and toma- supply. This bill improves the FDA’s Initiative. toes over the past two years, FDA’s re- capacity to prevent, detect, and re- Dr. Hamburg will face many chal- sources are already stretched too thin spond to food safety problems, whether lenges as FDA Commissioner but she is on the food safety front. it’s salmonella-tainted peanut butter obviously well-prepared to deal with I represent a State that has substan- from Georgia or melamine-spiked baby them. She has impressive experience in tial agricultural interests. Food safety formula from China. both clinical practice and research, and and food labeling are critically impor- For the first time in a long time, we her background makes her ideal to lead tant to me and my constituents. I am are also seeing leadership on food safe- the FDA as it combats food-borne ill- ty from the other end of Pennsylvania nesses, works with other agencies to hopeful that Dr. Hamburg and I can Avenue. The Food Safety Working combat disease outbreaks, and protects work together on protecting the Amer- Group, led by Health and Human Serv- our food, drugs, and medical devices. ican food supply. Additionally, I look forward to work- ices Secretary Kathleen Sebelius and Her confirmation marks the beginning Agriculture Secretary Tom Vilsack, is of a welcome new era at FDA, and I ing with the new commissioner to re- doing what hasn’t been done in dec- look forward very much to working store the FDA’s status as one of the ades: taking a comprehensive, coordi- with her.∑ strongest regulatory agencies in the Mr. ENZI. Mr. President, I rise today world. I have no doubt that with the nated look at the outdated food safety to congratulate Dr. Margaret Hamburg right leadership in place and with Con- laws on the books and making rec- on her confirmation last night by the gressional oversight, the FDA will ommendations on reform. Senate to be commissioner of the Food again be the gold standard and our reg- Last week I had the opportunity to and Drug Administration. I wish to ulatory process the envy of the world. attend a first-ever listening session also thank Dr. Hamburg for her pre- Given Dr. Hamburg’s expertise in hosted by the White House focused on vious public service and her willingness emergency preparedness, pandemics food safety reform. This was a chance to once again go through the process of and public health, I am pleased that for members of Congress, the adminis- Senate confirmation. The vetting proc- the Senate acted quickly on this nomi- tration, consumer groups, and industry ess for executive nominees is thorough nation. Again, I would like to con- to come together and talk about the and not without some degree of per- gratulate Dr. Hamburg on her con- challenges facing the safety of our food sonal and professional sacrifice. I firmation. supply as well as the solutions. thank Dr. Hamburg for her willingness Mr. DURBIN. Mr. President, yester- Dr. Hamburg, with her public health to serve. day the Senate confirmed Dr. Margaret expertise and impressive record of suc- Dr. Hamburg is an internationally ‘‘Peggy’’ Hamburg as Commissioner of cess as former health commissioner of recognized leader in public health and the Food and Drug Administration, New York City, is a welcome addition medicine, and an authority on global FDA. to the working group. I had a chance to health, public health systems, infec- Dr. Hamburg comes to the job at a meet with Dr. Hamburg before her con- tious disease, bioterrorism and emer- time when our Nation’s food safety sys- firmation. During our meeting, as well gency preparedness. This background is tem is in crisis. In the last couple of as in her confirmation hearing, she especially important given that the years we have seen nationwide out- made clear her commitment to the swine flu—H1N1 influenza—has been on breaks associated with spinach, toma- long term goal of transforming food the front pages for several weeks and toes and peppers, and peanuts and pea- safety oversight at FDA to focus on the spread across the globe during that nut butter. With peanuts, we also saw public health goal of prevention. I am time. Dr. Hamburg has a tremendous the biggest food recall in our nation’s confident that she is the right person amount of experience with emergency history as hundreds of companies re- to tackle this challenge and others fac- preparedness. called thousands of products from ing the FDA, and to restore morale and The FDA has a very broad and crit- crackers to ice cream to even pet food. public confidence in the agency. I look ical mission in protecting the public Our food safety problems don’t just forward to working with her and the

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12871 other members of President Obama’s toward establishing a permanent en- In light of the issues set forth above, I food safety working group to enact dowment for this program. The Irish would greatly appreciate Medtronic explain- FDA food safety legislation this year. Government has agreed to match what ing why Dr. Timothy Kuklo was not listed in is raised for this impressive program, the information provided me earlier. f Thank you in advance for your continued (At the request of Mr. REID, the fol- and I am sure that United States-Ire- cooperation in this matter and commitment lowing statement was ordered to be land ties will continue to benefit sig- to transparency. I look forward to hearing printed in the RECORD.) nificantly from these important schol- from you by no later than June 1, 2009. All arships in the years ahead.∑ documents responsive to this request should GEORGE MITCHELL SCHOLARS f be sent electronically in PDF format to ∑ Mr. KENNEDY. Mr. President, today, [email protected]. If Taoiseach Brian Cowen met with the LETTER TO MEDTRONIC, INC. you have any questions, please do not hesi- ninth class of George J. Mitchell Schol- Mr. GRASSLEY. Mr. President, I ask tate to contact Paul Thacker. ars. His decision to meet with this im- unanimous consent that my letter Sincerely, dated May 18, 2009, to Medtronic, Inc. CHARLES E. GRASSLEY, pressive group of students dem- Ranking Member. be printed in the RECORD. onstrates the major contribution this Attachment. program is making to strengthen the There being no objection, the mate- future of the United States-Ireland re- rial was ordered to be printed in the MEDTRONIC INC. REPORTING: PHYSICIANS WITH WHOM lationship. RECORD, as follows: MEDTRONIC HAS CONSULTING AGREEMENTS FOR INFUSE The United States-Ireland Alliance U.S. SENATE, was created in 1998 by my former for- COMMITTEE ON FINANCE, Name Year Total amount Washington, DC, May 18, 2009. eign policy adviser, Trina Vargo. With Lisa Cannada ...... 2005 $2,000 limited resources and staff, the alli- BILL HAWKINS, 2006 20,700 President and Chief Executive Officer, 2007 14,000 ance has been at the forefront of recog- Medtronic, Inc., Medtronic Parkway, Min- 2008 7,700 nizing, and then responding to, the fun- Michael Carstens ...... 2006 46,800 neapolis, MN. 2007 21,600 damental changes in the United States- DEAR MR. HAWKINS: The United States 2008 31,200 Ireland relationship. Senate Committee on Finance (Committee) David Cochran ...... 2006 35,200 2007 18,000 The Mitchell Scholarship program is has jurisdiction over the Medicare and Med- 2008 14,000 the keystone of the United States-Ire- icaid programs. As a senior member of the Curtis Dickman ...... 2003 12,900 2004 100 land Alliance. It has been led ably by United States Senate and as Ranking Mem- ber of the Committee, I have a special re- Rajeev Garapati ...... 2007 8,600 Mary Lou Hartman, and has gone from Judith Gogola ...... 2006 500 sponsibility to protect the health of Medi- David Hak ...... 2008 10,500 strength to strength. In a few short care and Medicaid beneficiaries and safe- James Hardacker ...... 2006 2,100 years, the program has become as com- guard taxpayer dollars authorized by Con- 2007 9,200 2008 7,100 petitive and as sought after as other gress for these programs. This includes the B. Matthew Hicks ...... 2004 6,600 renowned scholarships such as the responsibility to conduct oversight of the 2005 24,000 health care industry, including makers of 2006 23,000 Rhodes, Marshall, and Fulbright Schol- 2007 5,100 arships. This year, 300 people applied medical devices, which receive hundreds of 2008 11,600 billions of taxpayer dollars every year for Thomas Lyons ...... 2006 41,300 for the 12 annual Mitchell Scholar- the care of Americans. 2007 43,200 ships. I have followed the causes of 2008 12,200 In carrying out this duty, I have been ex- Jay Malmquist ...... 2007 23,100 these former Mitchell Scholars and amining the substantial financial ties be- 2008 24,100 they are already making outstanding tween the device industry and practicing Robert Marx ...... 2006 57,500 2007 24,100 contributions and reflect the commit- physicians. I have also been examining the 2008 28,200 ment to service exemplified by our safety and cost of medical devices that are Todd Melegari ...... 2006 2,300 sold to the American public. As the largest Peter Moy ...... 2008 59,900 former Senate colleague, George medical device company in the United Myron Nevins ...... 2007 35,600 Mitchell. John O’Donnell ...... 2006 4,400 States, the practices of Medtronic, Inc. Chetan Patel ...... 2006 1,100 One former Mitchell Scholar, Seena (Medtronic) have a profound impact on 2007 4,200 Perumal, lives in Cambridge, MA, American healthcare. 2008 15,800 Philip Pryor ...... 2006 2,100 where she serves is chief of staff for the Last October, I sent you a letter asking 2007 2,600 Massachusetts Division of Health Care Medtronic to disclose payments to ‘‘all phy- 2008 6,600 Finance and Policy. Seena graduated sicians with whom Medtronic has consulting Kevin Pugh ...... 2005 1,300 agreements for Infuse.’’ This request was 2006 13,000 with a bachelor’s degree in religion and 2007 16,100 spurred by an article in the Wall Street Daniel Spagnoli ...... 2006 28,100 a master’s in public health from Case Journal (WSJ), which reported on allega- 2007 67,600 Western Reserve University. She 2008 42,700 tions of financial incentives provided to doc- Gilbert Triplett ...... 2005 6,400 founded and was president of Project tors that included ‘‘entertainment at a Mem- 2007 29,000 Sunshine, which serves hospitalized phis strip club, trips to Alaska and patent 2008 16,000 children, and founded and was presi- royalties on inventions they played no part John-Louis Ugbo ...... 2005 2,000 dent of Alternative Break, an organiza- in.’’ With the exception of one individual who is f tion that helps organize community now deceased, listed below is the financial ADDITIONAL STATEMENTS service trips during spring breaks from information documenting all consultants college. She also worked with Cleve- who received compensation, which Med- land Jobs With Justice, a group that tronic provided to me [Attached]. ensures workers’ rights. As a Mitchell I am concerned that Medtronic did not in- 2009 NATIONAL SCIENCE BOWL Scholar, she obtained a master’s degree clude Dr. Timothy Kuklo in response to my CHAMPIONS written request. It is clear that Dr. Kuklo ∑ Mrs. BOXER. Mr. President, I am in international human rights at the had some sort of consulting agreement with National University of Ireland in Gal- Medtronic and was named as a Medtronic pleased to recognize the 2009 U.S. De- way. She then served as the director of consultant for Infuse in an article that ran partment of Energy National Science new initiatives for the New York City in the New York Times on May 13, 2009. Bowl Champions Mira Loma High Department of Homeless Services, the There is of course the possibility that Dr. School in Sacramento, CA. agency that oversees policies and pro- Kuklo had a more general type of consulting The National Science Bowl is a na- grams for the city’s approximately agreement with Medtronic that may have in- tional high school competition that 37,000 homeless persons. cluded Infuse, as well as other Medtronic tests each team’s knowledge in astron- The U.S. Government has provided products. In the future, I hope that instead omy, biology, chemistry, earth science, of not providing me with the name of the $500,000 each year for the Mitchell physician involved in Infuse, or any other general science, mathematics, and Scholarship Program. I commend Irish matter that I am looking into, that physics at a college freshman level. businessman Derek Quinlan for his Medtronic contact me to avoid the situation Mira Loma’s National Science Bowl commitment to raise 20 million euros in which we find ourselves. team consisted of senior team captain

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12872 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 Rishi Kulkarni; juniors Edward Lee ers by designing and implementing ef- from research experts and listen to and Heather Yee; sophomores Andrew fective, low-cost, hands-on solutions to first-hand employer and employee ex- Chen and Sriram Pendyala, and Coach strengthen the delivery of health care perience on this important issue facing James Hill. services for women and their families. our Nation’s workforce and families The Mira Loma team qualified for From their origins as technical ex- today. It is our goal to better define the national competition by winning perts in reproductive, maternal and the appropriate role of government in the Sacramento Regional Science Bowl child health, Jhpiego has grown to em- this equation, moving from there to in the spring. At the National Science brace new challenges, including pre- achieve bipartisan policies that help Bowl, Mira Loma High School joined 67 vention and treatment of HIV/AIDS, and do not frustrate families or hinder high schools from 42 States, the Dis- malaria and cervical cancer. The staff businesses. The Sloan Awards are an trict of Columbia, Puerto Rico, and the of Jhpiego have worked in 150 countries important component in the national U.S. Virgin Islands to compete for the around the globe and currently run 60 shift toward employment policies that national championship in Washington, programs in over 40 countries. work better for both employers and DC. Mira Loma High School’s victory Scientific innovations are the corner- employees as this Nation faces the re- at the National Science Bowl has stone of Jhpiego’s approach to reducing ality of dual income households strug- earned the team a research trip to the the preventable deaths of women. I par- gling to balance the multiple time prestigious International Science ticularly want to highlight their work commitments of children, disabled or School in Sydney, Australia, to further combating cervical cancer. In 1990, aging family members and their jobs. pursue their studies in science. Jhpiego established its Cervical Cancer The Sloan Awards are presented by the In competing for the national cham- Prevention—CECAP—Program. Work- When Work Works initiative, which is pionship, the Mira Loma High School ing with colleagues and stakeholders, a project of the Families and Work In- team learned many valuable lessons, the CECAP program pioneered a stitute in partnership with the Insti- including tenacity, dedication to their unique, medically safe, acceptable and tute for a Competitive Workforce, an schoolwork, and teamwork. It is with cost-effective approach to cervical can- affiliate of the U.S. Chamber of Com- great pride that I congratulate them cer prevention for low-resource set- merce, and the Twiga Foundation Inc. on this remarkable accomplishment tings called the ‘‘single visit ap- The When Work Works initiative is and wish them continued success. proach.’’ Hundreds of thousands of sponsored by the Alfred P. Sloan Foun- I invite my colleagues to join me, women have been spared the horrible dation. The companies receiving Sloan Mira Loma High School, and the Sac- death of cervical cancer as the result of Awards are to be commended for their ramento community in recognizing the this intervention. excellence in providing workplace Mira Loma High School Science Bowl Amid many areas of expertise and ef- flexibility practices which benefit both Team on this wonderful achievement.∑ fort, Jhpiego has worked tirelessly in its efforts to call the world’s attention employees and employers. Achieving f greater flexibility in the workplace, to the second leading cause of death of the goal of which is to maximize pro- TRIBUTE TO JOHNNY’S CAR WASH pregnant women in developing coun- ductivity while attracting the highest ∑ Mr. BUNNING. Mr. President, today I tries, postpartum hemorrhaging. quality employees, is a key challenge pay tribute to and congratulate Jeff Today, through system wide changes facing American companies in the 21st Simpson, owner of Johnny’s Car Wash from the home birth to the hospital, in Erlanger, KY, on their 50th year in century. physicians, nurses, midwives and Businesses in the following 30 cities business. healthcare workers have training and were eligible for recognition in the 2008 In 1959, John Simpson, father of Jeff strategies to address this preventable Sloan Awards: Atlanta, GA; Aurora, Simpson, converted the original Town death. These interventions have saved CO; Birmingham, AL; Boise, ID; Brock- Car Wash, an establishment in Cov- countless lives around the world. ton, MA; Chandler, AZ; Charleston, SC; ington, KY, where cars were washed by I commend the staff of Jhpiego for Chicago, IL; Dallas, TX; Dayton, OH; hand, to an automatic car wash he their dedication and commitment to Detroit, MI; Durham, NC; Houston, TX; named Johnny’s Car Wash. Mr. Simp- improving the lives of women and their Lexington, KY; Long Beach, CA; Long son opened a second location in Er- families around the world. They work Island, NY; Louisville, KY; Melbourne- langer, KY, that still thrives today. some of our world’s most remote, dif- Palm Bay, FL; Milwaukee, WI; Morris Nearly four decades later, in 1992, Mr. ficult and complicated regions. Day in County, NJ; Providence, RI; Richmond, Simpson sold his original Johnny’s Car and day out, they with nations to de- VA; Rochester, MN; Salt Lake City, Wash to his son Jeff, and this year they velop strategies that are sustainable, UT; San Francisco, CA; Savannah, GA; celebrate 50 years of hard work, ambi- proven and effective to improve the Seattle, WA; Spokane, WA; Wash- tion, and the long success of their busi- lives of the most vulnerable sectors of ington, DC; and Winona, MN. The ness. society. Chamber of Commerce in each city A hearty congratulations to the I ask my colleagues to join me today hosted an interactive business forum to Simpson family and Johnny’s Car in congratulating Jhpiego on its 35th share research on workplace flexibility Wash. They are an excellent example of anniversary.∑ as an important component of work- a steady and thriving small business in f place effectiveness. In these same com- the Commonwealth.∑ 2008 SLOAN AWARDS munities, businesses applied and win- f ners were selected for the Sloan ∑ Mr. CRAPO. Mr. President, today I Awards through a process that in- CONGRATULATING JHPIEGO ON join with my colleague, Senator LIN- ITS 35TH ANNIVERSARY cluded employees’ views as well as em- COLN, to congratulate the 2008 winners ployer practices. ∑ Mr. CARDIN. Mr. President, today I of the Alfred P. Sloan Award for Busi- Together, we congratulate the 2008 wish to commemorate the 35th anni- ness Excellence in Workplace Flexi- winners of the Alfred P. Sloan Award versary of Jhpiego, an exceptional or- bility, which recognizes companies for Business Excellence in Workplace ganization dedicated to helping the less that have successfully used flexibility Flexibility. fortunate in developing countries to meet both business and employee In Atlanta, GA, the winners are Al- around the world. goals. Our offices coordinate and lead ston + Bird LLP; BDO Seidman, LLP; Jhpiego is an international, non- the Senate Staff Work Group on Work- Cobb County Convention and Visitors profit health organization affiliated place Flexibility, now in its 8th month. Bureau; Ernst & Young LLP; KPMG with Johns Hopkins University and is Since September 2008, our staff and LLP; Merrick & Company; North High- located in my hometown, the city of that of at least 16 of our colleagues and land; and Sprint. Baltimore. For 35 years, Jhpiego has as many as four different committees In Aurora, CO, the winners are empowered front line health care work- have gathered once a month to hear Arapahoe/Douglas Works! Workforce

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12873 Center; Aurora Chamber of Commerce; The Children’s Center of Wayne Coun- ern New Jersey; KPMG LLP; Schenck, Medical Center of Aurora and Centen- ty; BDO Seidman, LLP; Detroit Re- Price, Smith & King, LLP; Shade Tree nial Medical Plaza; and Merrick & gional Chamber; The Farbman Group; Garage; and Solix Inc. Company. Image One; Lee Hecht Harrison; Menlo In Providence, RI, the winners are In Birmingham, AL, the winners are Innovations; Michigan Occupational Embolden Design, Inc.; KPMG LLP; Allstates Technical Services; AQAF; Safety and Health Administration— Lefkowitz, Garfinkel, Champi & De Barfield, Murphy, Shank, & Smith PC; MIOSHA; Mill Steel Company; and Rienzo PC; Narragansett Bay Commis- Concept, Inc.; Deloitte; Ernst & Young Peckham Inc. sion; Quality Partners of Rhode Island; LLP; ITAC Solutions; Birmingham In Durham, NC, the winners are The Rhode Island Legal Services, Inc; and Metropolitan YMCA; One Stop Envi- American Institute of Certified Public Sansiveri, Kimball & McNamee LLP. ronmental, LLC; Resources Global Pro- Accountants—AICPA; CrossComm, In Richmond, VA, the winners are fessionals; and Sellers, Richardson, Inc.; Durham’s Partnership for Chil- Bon Secours Richmond Health System; Holman & West, LLP. dren, a Smart Start Initiative; McKin- Capital One, Hilb Rogal & Hobbs— In Boise, ID, the winners are Amer- ney; North Carolina Mutual Life Insur- HRH; Lee Hecht Harrison; Rink Man- ican Geotechnics; Business Psychology ance Company; The Shodor Education agement Services Corporation; and Vir- Associates; Children’s Home Society of Foundation; Skanska USA Building ginia Commonwealth Health Systems— Idaho; Givens Pursley LLP; LeMaster Inc.; and U.S. Environmental Protec- VCUHS. Daniels PLLC; Merrick & Rowley Ac- tion Agency. In Rochester, MN, the winners are counting, LLC; and Trey McIntyre In Houston, TX, the winners are Con- Cardinal of Minnesota; Custom Alarm/ Project. tinental Airlines; Deloitte; El Paso Custom Communications, Inc.; First In Brockton, MA, the winner is KGA, Corporation; Fulbright & Jaworski Alliance Credit Union; IBM; RSM Inc. LLP; Hall Barnum Lucchesi Archi- McGladrey, Inc. and McGladrey & Pull- In Chandler, AZ, the winners are A & tects; Klotz Associates, Inc.; KPMG en, LLP; Southeast Service Coopera- S Realty Specialists; Arizona Inter- LLP; Pannell Kerr Forster of Texas, tive; Stanley Jones & Associates, Inc.; active Media Group; Arizona Weddings P.C.—PKF Texas; Rice University; St. Venture Computer Systems; and Wi- Magazine & Website; BCD Low Voltage Luke’s Episcopal Health System; The nona State University—Rochester. In Salt Lake City, UT, the winners Systems; The Chandler Chamber of VIA Group LLC.; University of Phoe- are 1–800 CONTACTS; AAA Fair Credit Commerce; Clifton Gunderson LLP; nix; and Vinson & Elkins L.L.P. Foundation; Cactus & Tropicals; Cafe´ Dava & Associates, Inc.; Henry & In Lexington, KY, the winners are Rio Mexican Grill; Cooper Roberts Horne, LLP; IBM; Intel; Johnson Bank; Ashland Terrace Retirement Home; Simonsen Associates, Inc.; Employer Keats, Connelly & Associates Inc.; Benefit Insurance Marketing; JRA Ar- Solutions Group; Governor’s Office of MDI; Microchip Technology Inc.; New chitects; Lexmark International, Inc.; Economic Development; Intermountain Horizons Independent Living Center; Potter & Company, LLP; Smiley Pete Financial Group/Mass Mutual; Inter- Omega Legal Systems, Inc.; Point B; Publishing; United Way of the Blue- mountain Healthcare; McKinnon- Prescott Transit Authority; RIESTER; grass; and Woodward, Hobson & Fulton, Mulherin, Inc.; Redmond, Incorporated; Salt River Materials Group; Western LLP. SelectHealth; and Stayner, Bates & International University; WhitneyBell In Long Beach, CA, the winners are Jensen. Perry Inc.; Wist Office Products; and AES Alamitos, LLC; Healstone; HR In San Francisco, CA, the winners WorldatWork. NETwork, Inc.; KPMG LLP; Long are Fenwick & West LLP; KPMG LLP; In Charleston, SC, the winners are Beach Rescue Mission; and Lee Hecht Harrison; Mother Jones Booz Allen Hamilton LLP; Community PeacePartners. Magazine/Foundation for National Management Group; KFR Services, In Long Island, NY, the winners are Progress; Presynct Technologies, Inc.; Inc.; LS3P Associates LTD.; Noisette Albrecht, Viggiano, Zureck & Co., PC; Sirna Therapeutics, Inc.; and Woodruff- Company, LLC; and Scientific Re- The Alcott Group; Child Care Council Sawyer & Company. search Corporation. of Nassau, Inc.; Deloitte; KPMG LLP; In Savannah, GA, the winner is Envi- In Chicago, IL, the winners are and YES Community Counseling Cen- ronmental Services, Inc. AzulaySeiden Law Group; BDO ter. In Seattle, WA, the winners are Seidman, LLP; Deloitte; Ernst and In Louisville, KY, the winners are A BabyLegs LLC; Bader Martin, P.S.; Young LLP; Frost, Ruttenberg & Speaker For You; Delta Dental of Ken- BECU; Blue Gecko, Inc.; Cascadia Con- Rothblatt, P.C.; IBM—Central Region; tucky, Inc.; Deming Malone Livesay & sulting Group, Inc.; Deloitte; KPMG LLP; Microsoft Corporation— Ostroff CPAs, Girl Scouts of EarthCorps; MarketFitz, Inc.; National Midwest District; National Able Net- Kentuckiana Inc.; KPMG LLP; CASA Association; NRG::Seattle; The work; Perspectives, Ltd; Plante & McCauley, Nicholas & Company, LLC, Puget Sound Center for Teaching, Moran, PLLC; Sanchez Daniels & Hoff- CPAs; Metromojo.com; Prestige Learning and Technology; Seattle Hos- man LLP; Shakespeare Squared; Teen Healthcare; Pro-Liquitech Inter- pitality Group; Washington Health Living Programs; True Partners Con- national; Strothman & Company PSC; Foundation; WithinReach; and Work- sulting; Turner Construction Com- and Woodward, Hobson & Fulton, tank. pany—Chicago Business Unit; Type A L.L.P. In Spokane, WA, the winners are Ca- Learning Agency; and Vox, Inc. In Melbourne-Palm Bay, FL, the win- reer Path Services; Humanix Staffing In Dallas, TX, the winners are ners are Brevard Workforce Develop- and Recruiting; and Inland Northwest Aguirre Roden, Inc.; Amerisure Mutual ment Board, Inc.; Craig Technologies; Health Services. Insurance Company; BDO Seidman, Hoyman Dobson; Kinberg & Associates, In Washington, DC, the winners are LLP; The Beck Group; Community LLC; Mercedes Homes; and Space Coast Booz Allen Hamilton; Capital One; Clo- Council of Greater Dallas; Deloitte; Early Intervention Center. vis; Craig Technologies; Discovery Grant Thorton LLP; KPMG LLP; Lee In Milwaukee, WI, the winners are Communications, Inc.; KPMG LLP; Hecht Harrison; McQueary Henry Clifton Gunderson LLP; Deloitte; Ernst List Innovative Solutions, Inc.; and Bowles Troy, L.L.P.; State Farm Insur- & Young LLP; Kahler Slater; KPMG Morgan Franklin Corporation. ance Companies; Symbio Solutions, LLP; Laughlin/Constable; Metropolitan In Winona, MN, the winners are Inc.; and Workforce Solutions Greater Milwaukee Association of Commerce; Catholic Charities of the Diocese on Dallas. Robert W. Baird & Co; Tushaus Com- Winona; Hiawatha Broadband Commu- In Dayton, OH, the winners are puter Services, Inc.; Urban Ecology nications; Management Recruiters of Barco, Inc.; Deloitte; and LJB Inc. Center; and West Bend. Winona; Mediascope, Inc.; Sport & In Detroit, MI, the winners are Al- In Morris County, NJ, the winners Spine Physical Therapy of Winona; Wi- bert Kahn Family of Companies; are Berkeley College; Fein, Such, Kahn nona ORC Industries; and Winona Amerisure Mutual Insurance Company, & Shepard, P.C.; Girl Scouts of North- Workforce Center.∑

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12874 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 REMEMBERING BRIAN O’NEILL test for 8th grade students in my home nomic depression far greater than Americans ∑ State. The purpose of this contest is to have ever known. Gasoline prices are sub- Mrs. FEINSTEIN. Mr. President, it is stantially inflated; many families are find- with a very heavy heart that I rise encourage young Hoosiers to recognize and appreciate the importance of Indi- ing it difficult to budget for the commute to today to inform the Senate of the re- and from work. What can we, as American cent passing of one of the most incred- ana agriculture in their lives and sub- citizens, do to halt this crisis and put an end ible civil servants it has been my honor sequently craft an essay responding to to insane oil prices? to know. Sadly, Brian O’Neill, the Na- the assigned theme. The theme chosen One solution to the challenge of making tional Park Service superintendent at for this year was ‘‘Working Our Way to our own less expensive fuel comes straight the Golden Gate National Recreation Energy Independence.’’ from Indiana farmers. Biodiesel fuel is a die- Along with my friends at the Indiana sel fuel made from organic feedstock. It in- Area in San Francisco, passed away cludes soybeans, animal renderings, and last week following complications from Farm Bureau and Farm Bureau Insur- ance Companies, I am pleased with the salvaged oil from restaurants. It is domesti- heart surgery. cally produced. Therefore, every gallon of To know Brian was to have known an annual response to this contest and the biodiesel fuel takes the place of imported extraordinary human being; someone quality of the essays received over the fuels, thus ensuring American dollars remain who was completely devoted to his pro- years. I applaud each of this year’s par- in the American economy. fession, his family, his friends, and to ticipants on their thoughtful work and A considerable advantage of biodiesel fuel the national parks he so dearly loved. wish, especially, to highlight the sub- over gasoline and regular diesel fuels is that biodiesel emits far lower emissions, ensuring Since 1986, when he became the su- missions of the 2008–2009 contest win- ners—Lynnette Whitsitt of Hunting- cleaner air for both present and future gen- perintendent at Golden Gate, Brian has erations. Also, it has better lubricity charac- been the inspiration and the driving burg, IN, and Brandon Wells of Evans- teristics, which means less wear on engine force behind the success of one of the ville, IN. I submit for the RECORD the parts such as fuel injectors and fuel injection largest urban parks in the world. What complete text of Lynnette’s and Bran- pumps. Biodiesel fuels are compatible with set him apart, though, was not just a don’s respective essays. I am pleased, all modern diesel engines and fuel systems. talent for the day-to-day management also, to include the names of the many There is a clear and definite need to con- of a national park, but his grasp of the district and county winners of the con- centrate on breaking away from foreign oil consumption and imports. While the issue of principal that a park is far more than test. The winning essays are as follows: fuel alternatives is great, Indiana farmers a circle drawn on a map. He knew early are growing answers for all of America right on that, for a park to flourish, particu- UNTITLED now. We cannot continue to depend on for- larly an urban park, it needed the sup- (By Lynnette Whitsitt) eign lands to fuel our lives. America has his- port of the local community, and that Could you imagine a world where you flip torically fought for independence and once the best way to build that support was on a light switch or press power on the TV again, we find ourselves fighting. With the through the building of partnerships— and nothing happens? This will be our planet help of Indiana farmers, this battle can be partnerships that were the product of in the foreseeable future if we don’t do any- won, and America will once again be inde- thing about it. Many people believe that the pendent . . . fuel independent. personal relationships. future isn’t their problem and that it’s sci- Brian understood that a single park entists’ dilemma to solve, but it’s not. If we 2008–2009 DISTRICT ESSAY WINNERS employee could only produce a set don’t do something about this energy crisis DISTRICT 1 amount of work. But if you could turn now, Earth will pay for it dearly in the fu- Katlynn Surfus, Zachary Glick. ture. We Hoosiers should do what we can, that employee into an ambassador for DISTRICT 2 and contribute our available resources to the park, then others could be brought Kristi Brennan, Gabe Curtis. in to lighten the load and advance the produce renewable sources of power for our DISTRICT 3 cause. That is why Brian often said country. Without it, a global disaster is im- Jessie LeBeau, Jonah Pritchett. that what he really did was run a minent. Many alternate fuel sources need crops to DISTRICT 4 ‘‘friend-raising’’ business. And with manufacture them—especially corn and soy- McKinzie Horoho, Trevor Homan. well over 20,000 volunteers, I would say beans. Corn produces ethanol, while Bio- DISTRICT 5 Brian’s instincts were pretty good. diesel is made from soybeans. Portions of Too often in what passes for political farmers’ crops are sold to manufacturers Miranda Gerrard, Cameron Guernsey. discourse today the term ‘‘bureaucrat’’ that produce these energy sources. Organic DISTRICT 6 is used as a pejorative. Anyone who waste materials, know as biomass, can now Kristen McCarthy, Jack Garner. would suggest such a meaning obvi- be broken down to become biogas. The waste DISTRICT 7 ously never met Brian O’Neill. He was, materials used vary from crop remains to Riki Crowe, Ethan Fettig. animal manure. Biogas can be transformed by any definition and in the finest tra- into diverse forms of energy, but of the re- DISTRICT 8 dition of the civil service, the consum- newable energy sources that generate elec- Morgan Tomson, Aaron Kaiser. mate bureaucrat; a skilled manager tricity, biomass is most abundant. The con- DISTRICT 9 whose talents, whose energy, and version of waste materials to biogas is a Lynnette Whitsitt, Brandon Wells. purely organic procedure in which micro- whose sheer larger-than-life person- DISTRICT 10 organisms break wastes down into methane. ality will be missed. I am proud to have Amy Burbrink, Zach Carter. had the privilege of knowing Brian Hoosier farmers could also utilize farmland O’Neill. for wind farms, which will not only provide 2008–2009 COUNTY ESSAY WINNERS the farms with energy but also income from BOONE Mr. President, I am sure I speak for spare energy sold to power companies. While all my Senate colleagues in expressing Cameron Guernsey, Western Boone Junior wind turbines would occupy land, it could High School. my sincere condolences to Brian’s still be used for its main intention, agri- BROWN friends, his coworkers, and especially culture. the O’Neill family.∑ Farmers have been hugely affected by the Haley O’Neil, home schooled. f energy crisis and can be part of the solution. CLARK By helping to make biodiesel, ethanol, Geoff Rafail and Morgan Mast, Borden TRIBUTE TO HOOSIER ESSAY biogas, and wind power Indiana farmers will Junior High School. greatly affect the future of energy. This CONTEST WINNERS CLAY major energy change will revolutionize rural ∑ Mr. LUGAR. Mr. President, I wish Brandon Crowley and Saiti Booe, Clay City towns, Indiana, and our nation as a whole. today to take the opportunity to ex- Junior High School. press my congratulations to the win- INDEPENDENCE DECATUR ners of the 2008–2009 Dick Lugar/Indi- (By Brandon Wells) Morgan Tomson, South Decatur Junior ana Farm Bureau/Farm Bureau Insur- The issue of becoming independent from High School. ance Companies Youth Essay Contest. foreign energy is challenging, but vital. The DUBOIS In 1985, I joined with the Indiana fact remains: if we do not break away from Lynnette Whitsitt, Southridge Middle Farm Bureau to sponsor an essay con- foreign oil soon, we may fall into an eco- School.

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FLOYD WABASH S. 896. An act to prevent mortgage fore- Weston Spalding and Erin Duncan, Our Trae Cole and Alyssa Richter, Northfield closures and enhance mortgage credit avail- Lady of Perpetual Help School. Junior High School. ability. FRANKLIN WARREN f Aaron Kaiser, Mount Carmel School; and Miranda Gerrad, Seeger Junior High ENROLLED BILL PRESENTED Claire McKamey, St. Michael School. School. The Secretary of the Senate reported GREENE WAYNE that on May 19, 2009, she had presented Ethan Fettig, Linton-Stockton Junior Henry Dickman and Katy Robinson, Seton to the President of the United States High School; and Riki Crowe, White River Catholic Junior High School. Valley Junior High School. the following enrolled bill: WELLS S. 386. An act to improve enforcement of HAMILTON Anna Gerber, Kingdom Academy. mortgage fraud, securities and commodities Nicholas Jeffers and Kara Linton, St. WHITE fraud, financial institution fraud, and other Maria Goretti School. Jonah Pritchett and Jessie Lebeau, Tri frauds related to Federal assistance and re- HANCOCK County Junior High School.∑ lief programs, for the recovery of funds lost Joshua Hanselman and McKenze to these frauds, and for other purposes. f Qualkinbush, Doe Creek Middle School. f HENDRICKS MESSAGE FROM THE PRESIDENT REPORTS OF COMMITTEES Drake Whicker, Cascade Middle School; and Jaclin Byrne, Tri-West Middle School. A message from the President of the The following reports of committees United States was communicated to HENRY were submitted: the Senate by Mr. Williams, one of his By Mr. LIEBERMAN, from the Committee Jack Garner and Brooke Ballard, Tri Jun- secretaries. ior High School. on Homeland Security and Governmental Af- fairs, with an amendment in the nature of a HOWARD f substitute: Austin Dishon, Northwestern Middle EXECUTIVE MESSAGE REFERRED H.R. 35. A bill to amend chapter 22 of title School; and McKinzie Horoho, Eastern Jun- As in executive session the Presiding 44, United States Code, popularly known as ior High School. the Presidential Records Act, to establish JACKSON Officer laid before the Senate a mes- procedures for the consideration of claims of Zach Carter, Immanuel Lutheran School; sage from the President of the United constitutionally based privilege against dis- and Avri Hackman, Lutheran Central States submitting a nomination which closure of Presidential records (Rept. No. School. was referred to the Committee on For- 111–21). JASPER eign Relations. By Mr. INOUYE, from the Committee on Appropriations: Hunter Hickman and Tori Bryja, (The nomination received today is Special Report entitled ‘‘Allocation to Rensselaer Middle School. printed at the end of the Senate pro- ceedings.) Subcommittees of Budget Totals From the JAY Concurrent Resolution, Fiscal Year 2009’’ Trevor Homan and Miranda Reinhart, East f (Rept. No. 111–22). Jay Middle School. MESSAGES FROM THE HOUSE f JENNINGS EXECUTIVE REPORTS OF Tanner Steele and Amy Burbrink, St. At 10:01 a.m., a message from the Mary School. House of Representatives, delivered by COMMITTEES LAKE Mrs. Cole, one of its reading clerks, an- The following executive reports of Zachary Glick and Alejandra Almendarez, nounced that the House agrees to the nominations were submitted: Our Lady of Grace School. amendment of the Senate to the By Mr. LEVIN for the Committee on MARION amendments of the House to the bill Armed Services. Air Force nomination of Maj. Gen. Charles James Wang, Sycamore School; and (S.386) entitled ‘‘An Act to improve en- B. Green, to be Lieutenant General. Kristen McCarthy, St. Jude School. forcement of mortgage fraud, securi- ties fraud, financial institution fraud, Air Force nomination of Maj. Gen. Herbert MONROE J. Carlisle, to be Lieutenant General. Logan Letner and Allie Jones, Batchelor and other frauds related to federal as- Air Force nomination of Gen. William M. Middle School. sistance and relief programs, for the re- Fraser III, to be General. NOBLE covery of funds lost to these frauds, Air Force nomination of Lt. Gen. William Gabe Curtis and Kristi Brennan, St. Mary and for other purposes.’’. L. Shelton, to be Lieutenant General. Air Force nomination of Lt. Gen. Daniel J. of the Assumption School. f Darnell, to be Lieutenant General. PARKE ENROLLED BILL SIGNED Navy nomination of Vice Adm. Richard K. Will Harrison and Kendall Davies, Rock- Gallagher, to be Vice Admiral. ville Junior High School. At 2:40 p.m., a message from the Marine Corps nomination of Maj. Gen. PERRY House of Representatives, delivered by Terry G. Robling, to be Lieutenant General. Hunter Sandage, Tell City Junior High Ms. Niland, one of its reading clerks, Marine Corps nomination of Lt. Gen. Jo- School. announced that the Speaker has signed seph F. Dunford, Jr., to be Lieutenant Gen- eral. POSEY the following enrolled bill: Brandon Wells and Stephanie Cook, North S. 386. An act to improve enforcement of Mr. LEVIN. Mr. President, for the Posey Junior High School. mortgage fraud, securities, and commodities Committee on Armed Services I report fraud, financial institution fraud, and other favorably the following nomination SCOTT frauds related to Federal assistance and re- lists which were printed in the RECORD Hunter Steinkamp and Raven Alcorn, lief programs, for the recovery of funds lost Scottsburg Middle School. on the dates indicated, and ask unani- to these frauds, and for other purposes. mous consent, to save the expense of STARKE The enrolled bill was subsequently reprinting on the Executive Calendar Katlynn Surgus, Knox Middle School. signed by the Acting President pro that these nominations lie at the Sec- SULLIVAN tempore (Mr. REID). retary’s desk for the information of Harley-Alden Robert Davis and Savana Senators. Strain, Rural Community Academy. At 3:31 p.m., a message from the The PRESIDING OFFICER. Without SWITZERLAND House of Representatives, delivered by objection, it is so ordered. Devin Coy and Olivia Hewitt, Switzerland Ms. Niland, one of its reading clerks, Air Force nominations beginning with Wil- County Middle School. announced that the House has passed liam A. Bartoul and ending with George T. VERMILLION the following bill, with an amendment, Youstra, which nominations were received Dillon Boling and Abigail Calvin, North in which it requests the concurrence of by the Senate and appeared in the Congres- Vermillion Junior High School. the Senate: sional Record on March 25, 2009.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.001 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12876 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 Air Force nominations beginning with and second times by unanimous con- S. 1077. A bill to regulate political Peter Brian Abercrombie II and ending with sent, and referred as indicated: robocalls; to the Committee on Rules and Eric J. Zuhlsdorf, which nominations were Administration. By Mr. FEINGOLD (for himself and Mr. received by the Senate and appeared in the By Mr. JOHNSON (for himself and Mr. Congressional Record on March 25, 2009. BROWNBACK): S. 1067. A bill to support stabilization and VOINOVICH): Navy nomination of Deandrea G. Fuller, to S. 1078. A bill to authorize a comprehensive lasting peace in northern Uganda and areas be Commander. national cooperative geospatial imagery affected by the Lord’s Resistance Army Navy nominations beginning with Daniel mapping program through the United States through development of a regional strategy G. Christofferson and ending with Albert D. Geological Survey, to promote use of the to support multilateral efforts to success- Perpuse, which nominations were received program for education, workforce training fully protect civilians and eliminate the by the Senate and appeared in the Congres- and development, and applied research, and threat posed by the Lord’s Resistance Army sional Record on January 7, 2009. to support Federal, State, tribal, and local and to authorize funds for humanitarian re- By Mr. KERRY for the Committee on For- government programs; to the Committee on lief and reconstruction, reconciliation, and eign Relations. Commerce, Science, and Transportation. transitional justice, and for other purposes; *Jeffrey D. Feltman, of Ohio, a Career By Ms. KLOBUCHAR (for herself, Mr. to the Committee on Foreign Relations. Member of the Senior Foreign Service, Class VOINOVICH, Mr. INOUYE, Mr. UDALL of of Minister-Counselor, to be an Assistant By Mr. BROWN: S. 1068. A bill to amend the National Con- Colorado, and Mr. BENNET): Secretary of State (Near Eastern Affairs). S. 1079. A bill to amend title XVIII of the sumer Cooperative Bank Act to allow for the *Philip J. Crowley, of Virginia, to be an Social Security Act to extend reasonable treatment of the nonprofit corporation affil- Assistant Secretary of State (Public Affairs). cost contracts under the Medicare program; *Daniel Benjamin, of the District of Co- iate of the Bank as a community develop- to the Committee on Finance. lumbia, to be Coordinator for Counterter- ment financial institution for purposes of By Mr. McCAIN (for himself and Mr. rorism, with the rank and status of Ambas- the Community Development Banking and KYL): Financial Institutions Act of 1994; to the sador at Large. S. 1080. A bill to clarify the jurisdiction of Nominee: Daniel Benjamin. Committee on Banking, Housing, and Urban the Secretary of the Interior with respect to Post: Coordinator for Counterterrorism. Affairs. the C.C. Cragin Dam and Reservoir, and for (The following is a list of all members of By Ms. LANDRIEU (for herself and Mr. my immediate family and their spouses. I other purposes; to the Committee on Energy VITTER): and Natural Resources. have asked each of these persons to inform S. 1069. A bill to provide for disaster assist- me of the pertinent contributions made by ance for power transmission and distribution f them. To the best of my knowledge, the in- facilities, and for other purposes; to the SUBMISSION OF CONCURRENT AND formation contained in this report is com- Committee on Homeland Security and Gov- plete and accurate.) ernmental Affairs. SENATE RESOLUTIONS Contributions, amount, date, and donee: By Ms. SNOWE (for herself and Ms. The following concurrent resolutions 1. Self: $750, 06/30/08, Obama for America; LANDRIEU): and Senate resolutions were read, and $1000, 09/09/08, Obama for America; $1000, 10/ S. 1070. A bill to establish the Small Busi- referred (or acted upon), as indicated: 03/08, Obama Fund; $300, 10/16/08, Obama ness Information Security Task Force to ad- By Mr. SCHUMER (for himself and Mr. Fund; $262.50, 12/28/07, Sestak for Congress; dress information security concerns relating BENNETT): $2000, 10/26/04, Democratic Executive Com- to credit card data and other proprietary in- S. Res. 152. A resolution to amend S. Res. mittee of Florida; $500, 07/21/04, Kerry for formation; to the Committee on Small Busi- 73 to increase funding for the Special Re- President; $250, 03/28/06, Sestak, Joseph A. ness and Entrepreneurship. serve; considered and agreed to. Jr.; $350, 10/16/06, Sestak, Joseph A. Jr.; $250, By Mr. CHAMBLISS (for himself, Mr. By Mr. NELSON of Florida (for himself 10/20/06, Farrell, Diane Goss. VITTER, Mr. ISAKSON, Mr. INHOFE, Mr. 2. Spouse: Henrike Frowein: None. and Mr. CARDIN): BURR, and Mr. ROBERTS): S. Res. 153. A resolution expressing the 3. Children and Spouses: Caleb Benjamin, S. 1071. A bill to protect the national secu- sense of the Senate on the restitution of or Jonah Benjamin: None. rity of the United States by limiting the im- 4. Parents: Burton & Susan Benjamin: $50, compensation for property seized during the migration rights of individuals detained by 09/23/08, Himes, Jim; $55, 09/23/08, Obama for Nazi and Communist eras; to the Committee the Department of Defense at Guantanamo America; $55, 08/29/08, Obama for America; on Foreign Relations. Bay Naval Base; to the Committee on the $25, 07/02/08, DCC; $25, 02/26/08, DNC; $25, 11/15/ By Ms. LANDRIEU (for herself, Ms. Judiciary. 07, DCC; $50, 12/13/05, Diane Farrell for Con- SNOWE, Mr. CARDIN, Mr. KERRY, Mrs. By Mrs. LINCOLN (for herself and Mr. gress; $20, 11/09/05, 21st Century Democrats; SHAHEEN, Mr. WICKER, Ms. CANTWELL, CRAPO): $55, 09/06/04, DNC; $50, 06/19/04, Diane Farrell S. 1072. A bill to amend chapter 1606 of title and Mr. ISAKSON): S. Res. 154. A resolution honoring the en- for Congress; $150, 05/17/04, Kerry for Presi- 10, United States Code, to modify the basis trepreneurial spirit of small business con- dent. utilized for annual adjustments in amounts 5. Grandparents: Daniel Benjamin—de- cerns in the United States during National of educational assistance for members of the ceased; Betty Benjamin—deceased; William Small Business Week, beginning May 17, Selected Reserve; to the Committee on Dorfman—deceased; Rose Dorfman—de- 2009; considered and agreed to. Armed Services. ceased. By Mr. CARDIN (for himself, Mr. 6. Brothers and Spouses: William Benjamin By Mr. REED: S. 1073. A bill to provide for credit rating LUGAR, and Mr. NELSON of Florida): & Jill Kowal Benjamin—none. S. Con. Res. 23. A concurrent resolution reforms, and for other purposes; to the Com- 7. Jonathan Benjamin & Tricia Kim: $100, supporting the goals and objectives of the mittee on Banking, Housing, and Urban Af- 10/21/08, Obama for America; $100, 09/10/08, Prague Conference on Holocaust Era Assets; fairs. Obama for America; $100, 04/30/08, Obama for to the Committee on Foreign Relations. By Mr. SCHUMER (for himself and Ms. America; $100, 12/10/07, Obama for America. f By Mrs. FEINSTEIN for the Select Com- CANTWELL): mittee on Intelligence. S. 1074. A bill to provide shareholders with ADDITIONAL COSPONSORS *Priscilla E. Guthrie, of Virginia, to be enhanced authority over the nomination, Chief Information Officer, Office of the Di- election, and compensation of public com- S. 370 rector of National Intelligence. pany executives; to the Committee on Bank- At the request of Mr. INHOFE, the *Nomination was reported with rec- ing, Housing, and Urban Affairs. name of the Senator from Wyoming By Mr. SCHUMER (for himself and (Mr. BARRASSO) was added as a cospon- ommendation that it be confirmed sub- Mrs. GILLIBRAND): ject to the nominee’s commitment to sor of S. 370, a bill to prohibit the use S. 1075. A bill to designate 4 counties in the of funds to transfer detainees of the respond to requests to appear and tes- State of New York as high-intensity drug tify before any duly constituted com- trafficking areas, and to authorize funding United States at Naval Station, Guan- mittee of the Senate. for drug control activities in those areas; to tanamo Bay, Cuba, to any facility in (Nominations without an asterisk the Committee on the Judiciary. the United States or to construct any were reported with the recommenda- By Mr. MENENDEZ (for himself, Ms. facility for such detainees in the tion that they be confirmed.) CANTWELL, Mr. LEVIN, and Mr. FEIN- United States, and for other purposes. GOLD): S. 384 f S. 1076. A bill to improve the accuracy of At the request of Mr. LUGAR, the fur product labeling, and for other purposes; INTRODUCTION OF BILLS AND name of the Senator from Louisiana JOINT RESOLUTIONS to the Committee on Commerce, Science, and Transportation. (Ms. LANDRIEU) was added as a cospon- The following bills and joint resolu- By Mrs. FEINSTEIN (for herself, Ms. sor of S. 384, a bill to authorize appro- tions were introduced, read the first SNOWE, and Mr. DURBIN): priations for fiscal years 2010 through

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United States Code, to expand and im- S. 793 S. 408 prove health care services available to At the request of Mr. BROWN, the At the request of Mr. INOUYE, the women veterans, especially those serv- name of the Senator from Illinois (Mr. name of the Senator from Illinois (Mr. ing in operation Iraqi Freedom and Op- DURBIN) was added as a cosponsor of S. 793, a bill to direct the Secretary of DURBIN) was added as a cosponsor of S. eration Enduring Freedom, from the 408, a bill to amend the Public Health Department of Veterans Affairs, and Veterans Affairs to establish a scholar- ship program for students seeking a de- Service Act to provide a means for con- for other purposes. gree or certificate in the areas of vis- tinued improvement in emergency S. 608 ual impairment and orientation and medical services for children. At the request of Mr. TESTER, the name of the Senator from Colorado mobility. S. 476 (Mr. UDALL) was added as a cosponsor S. 812 At the request of Mrs. BOXER, the of S. 608, a bill to amend the Consumer At the request of Mr. BAUCUS, the name of the Senator from Washington Product Safety Improvement Act of name of the Senator from Rhode Island (Ms. CANTWELL) was added as a cospon- 2008 to exclude secondary sales, repair (Mr. REED) was added as a cosponsor of sor of S. 476, a bill to amend title 10, services, and certain vehicles from the S. 812, a bill to amend the Internal United States Code, to reduce the min- ban on lead in children’s products, and Revenue Code of 1986 to make perma- imum distance of travel necessary for for other purposes. nent the special rule for contributions reimbursement of covered beneficiaries S. 614 of qualified conservation contribu- of the military health care system for At the request of Mrs. HUTCHISON, the tions. travel for specialty health care. name of the Senator from Utah (Mr. S. 908 S. 546 HATCH) was added as a cosponsor of S. At the request of Mr. BAYH, the name At the request of Mr. REID, the 614, a bill to award a Congressional of the Senator from Colorado (Mr. names of the Senator from Colorado Gold Medal to the Women Airforce UDALL) was added as a cosponsor of S. (Mr. BENNET) and the Senator from Service Pilots (‘‘WASP’’). 908, a bill to amend the Iran Sanctions Act of 1996 to enhance United States New Mexico (Mr. BINGAMAN) were S. 653 diplomatic efforts with respect to Iran added as cosponsors of S. 546, a bill to At the request of Mr. CARDIN, the by expanding economic sanctions amend title 10, United States Code, to name of the Senator from Illinois (Mr. against Iran. permit certain retired members of the DURBIN) was added as a cosponsor of S. uniformed services who have a service- 653, a bill to require the Secretary of S. 924 At the request of Ms. MIKULSKI, the connected disability to receive both the Treasury to mint coins in com- name of the Senator from New Jersey disability compensation from the De- memoration of the bicentennial of the (Mr. LAUTENBERG) was added as a co- partment of Veterans Affairs for their writing of the Star-Spangled Banner, sponsor of S. 924, a bill to ensure effi- disability and either retired pay by and for other purposes. reason of their years of military serv- cient performance of agency functions. S. 662 ice or Combat-Related Special Com- S. 942 At the request of Mr. CONRAD, the pensation. At the request of Mr. GRASSLEY, the name of the Senator from Vermont name of the Senator from Delaware S. 558 (Mr. SANDERS) was added as a cospon- (Mr. CARPER) was added as a cosponsor At the request of Mr. CARPER, the sor of S. 662, a bill to amend title XVIII names of the Senator from Nebraska of S. 942, a bill to prevent the abuse of of the Social Security Act to provide Government charge cards. (Mr. JOHANNS) and the Senator from In- for reimbursement of certified midwife S. 984 diana (Mr. BAYH) were added as cospon- services and to provide for more equi- sors of S. 558, a bill to amend the Fed- At the request of Mrs. BOXER, the table reimbursement rates for certified name of the Senator from Connecticut eral Food, Drug, and Cosmetic Act nurse-midwife services. with respect to nutrition labeling of (Mr. DODD) was added as a cosponsor of S. 663 S. 984, a bill to amend the Public food offered for sale in food service es- At the request of Mr. NELSON of Ne- tablishments. Health Service Act to provide for ar- braska, the name of the Senator from thritis research and public health, and S. 565 Connecticut (Mr. DODD) was added as a for other purposes. URBIN At the request of Mr. D , the cosponsor of S. 663, a bill to amend S. 1010 names of the Senator from Montana title 38, United States Code, to direct At the request of Mr. AKAKA, the (Mr. TESTER) and the Senator from Illi- the Secretary of Veterans Affairs to es- name of the Senator from Wisconsin nois (Mr. BURRIS) were added as co- tablish the Merchant Mariner Equity (Mr. FEINGOLD) was added as a cospon- sponsors of S. 565, a bill to amend title Compensation Fund to provide benefits sor of S. 1010, a bill to establish a Na- XVIII of the Social Security Act to to certain individuals who served in tional Foreign Language Coordinator provide continued entitlement to cov- the United States merchant marine Council. erage for immunosuppressive drugs fur- (including the Army Transport Service S. 1023 nished to beneficiaries under the Medi- and the Naval Transport Service) dur- At the request of Mr. DORGAN, the care Program that have received a kid- ing World War II. names of the Senator from South Da- ney transplant and whose entitlement S. 696 kota (Mr. THUNE), the Senator from to coverage would otherwise expire, At the request of Mr. CARDIN, the Massachusetts (Mr. KERRY) and the and for other purposes. name of the Senator from New York Senator from Arkansas (Mr. PRYOR) S. 572 (Mrs. GILLIBRAND) was added as a co- were added as cosponsors of S. 1023, a At the request of Mr. WEBB, the name sponsor of S. 696, a bill to amend the bill to establish a non-profit corpora- of the Senator from New Mexico (Mr. Federal Water Pollution Control Act to tion to communicate United States BINGAMAN) was added as a cosponsor of include a definition of fill material. entry policies and otherwise promote S. 572, a bill to provide for the issuance S. 711 leisure, business, and scholarly travel of a ‘‘forever stamp’’ to honor the sac- At the request of Mr. BAUCUS, the to the United States. rifices of the brave men and women of names of the Senator from Texas (Mrs. S. CON. RES. 14 the armed forces who have been award- HUTCHISON) and the Senator from Ar- At the request of Mrs. LINCOLN, the ed the Purple Heart. kansas (Mrs. LINCOLN) were added as name of the Senator from Mississippi

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(Mr. WICKER) was added as a cosponsor BROWNBACK. For many years, we have ing military offensive in the past, the of S. Con. Res. 14, a concurrent resolu- both sought to bring attention to the LRA have quickly dispersed and com- tion supporting the Local Radio Free- terror orchestrated by the Lord’s Re- mitted retaliatory attacks against ci- dom Act. sistance Army, the LRA, and the suf- vilians. fering of the people of northern Ugan- S. RES. 71 However, this botched operation does da. We have come a long way in just a At the request of Mr. WYDEN, the not mean that we should just give up names of the Senator from Illinois (Mr. few years, thanks especially to young Americans who have become increas- on the goal of ending the massacres DURBIN) and the Senator from Alaska and the threat to regional stability (Ms. MURKOWSKI) were added as cospon- ingly aware of and outspoken about posed by this small rebel group. More- sors of S. Res. 71, a resolution con- this horrific situation. As a result, the over, given that the U.S. provided as- demning the Government of Iran for its U.S. has made increased efforts to help sistance and support for this operation state-sponsored persecution of the end this horror. Those efforts have Baha’i minority in Iran and its contin- yielded some success, but if we are now at the request of the regional govern- ued violation of the International Cov- to finally see this conflict to its end, ments, we have a responsibility to help enants on Human Rights. we need to commit to a proactive see this rebel war to its end. In order to strategy to help end the threat posed do that, I strongly believe we need a re- S. RES. 141 by the LRA and support reconstruc- gional strategy to guide U.S. support— At the request of Mr. JOHNSON, the tion, justice, and reconciliation in name of the Senator from New Mexico which includes political economic, in- northern Uganda. This bill seeks to do (Mr. BINGAMAN) was added as a cospon- telligence and military support—for a just that. multilateral effort to protect civilians sor of S. Res. 141, a resolution recog- For over two decades, northern Ugan- nizing June 2009 as the first National and permanently end the threat posed da was caught in a war between the by the LRA. The Lord’s Resistance Hemorrhagic Telangiecstasia (HHT) Ugandan military and rebels of the month, established to increase aware- Army Disarmament and Northern Lord’s Resistance Army, leading at its Uganda Recovery Act of 2009 requires ness of HHT, which is a complex ge- height to the displacement of 1.8 mil- of the administration to develop such a netic blood vessel disorder that affects lion people, nearly 90 percent of the re- strategy. It leaves it up to the discre- approximately 70,000 people in the gion’s population. Just a few years ago, United States. northern Uganda was called the world’s tion of the administration to deter- AMENDMENT NO. 1079 worst neglected humanitarian crisis. In mine the most effective way forward, At the request of Ms. LANDRIEU, the 2007, I visited displacement camps in but it ensures this issue will not get name of the Senator from Florida (Mr. northern Uganda and saw firsthand the put on the back burner and that we NELSON) was added as a cosponsor of terrible conditions and the desperation will not continue to rely on a piece- amendment No. 1079 proposed to H.R. of people forced to endure such condi- meal approach. 627, a bill to amend the Truth in Lend- tions year after year. Meanwhile, the In addition to removing the threat ing Act to establish fair and trans- LRA survived throughout this conflict posed by the LRA, we cannot lose sight parent practices relating to the exten- by kidnapping an estimated 66,000 chil- of the importance that the Ugandan sion of credit under an open end con- dren, indoctrinating them, and forcing government address the conditions out sumer credit plan, and for other pur- them to become child soldiers. of which the LRA emerged and which poses. In recent years, the LRA have come could give rise to future conflict if un- AMENDMENT NO. 1129 under increasing pressure. In 2005 and changed. Rebuilding northern Uganda’s At the request of Mrs. MURRAY, the 2006, they largely withdrew from north- institutions and addressing political name of the Senator from Washington ern Uganda and moved into the border and economic grievances is the surest (Ms. CANTWELL) was added as a cospon- region between northeastern Congo, safeguard against future violence and sor of amendment No. 1129 intended to southern Sudan and even the Central be proposed to H.R. 627, a bill to amend African Republic. Then for almost two instability. The government of Uganda the Truth in Lending Act to establish years, there was a lull in the violence committed last year to move forward fair and transparent practices relating as representatives from the Ugandan with that reconstruction and reconcili- to the extension of credit under an government and LRA engaged in spo- ation process under the framework of open end consumer credit plan, and for radic peace negotiations in southern its Peace, Recovery and Development, other purposes. Sudan. The parties brokered a com- the PRDP plan. International donors, f prehensive agreement, but then hopes including the United States, have al- were dashed as the LRA’s megaloma- ready put forth substantial funds for STATEMENTS ON INTRODUCED niac leader Joseph Kony refused to sign that process. However, thus far it has BILLS AND JOINT RESOLUTIONS the agreement and reports surfaced been hampered by a lack of strategic By Mr. FEINGOLD (for himself that the LRA had been conducting new coordination, weak leadership and the and Mr. BROWNBACK): abductions to replenish his rebel group. government’s limited capacity. In par- S. 1067. A bill to support stabilization In December 2008, the Ugandan, Con- ticular, there has been very little and lasting peace in northern Uganda golese and South Sudanese militaries progress toward establishing the mech- and areas affected by the Lord’s Resist- launched a joint offensive against the anisms envisaged by the peace agree- ance Army through development of a LRA’s primary bases in northeastern ment to address the original causes of regional strategy to support multilat- Congo. The operation failed to appre- the war and promote reconciliation and eral efforts to successfully protect ci- hend Kony and over the following two justice. vilians and eliminate the threat posed months, his forces retaliated against by the Lord’s Resistance Army and to civilians in the region, leaving over 900 Our legislation recognizes the impor- authorize funds for humanitarian relief people dead. It’s tragically clear that tance of helping the Ugandan govern- and reconstruction, reconciliation, and insufficient attention and resources ment to reinvigorate the PRDP proc- transitional justice, and for other pur- were devoted to ensuring the protec- ess. The second part of the Lord’s Re- poses; to the Committee on Foreign tion of civilians during the operation. sistance Army Disarmament and Relations. Before launching any operation against Northern Uganda Recovery Act of 2009 Mr. FEINGOLD. Mr. President, today the rebels, the regional militaries encourages the U.S. to increase assist- I am pleased to introduce the Lord’s should have ensured that their plan ance in the upcoming fiscal years for Resistance Army Disarmament and had a high probability of success, an- recovery with the condition that the Northern Uganda Recovery Act of 2009, ticipated contingencies, and made pre- Ugandan government demonstrates a and I am pleased to do so with a great cautions to minimize dangers to civil- commitment to genuine, transparent champion on this issue: Senator SAM ians. It is widely known that when fac- and accountable reconstruction. We

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12879 should better leverage our contribu- Transparency Enhancement, RATE, learn about the methodologies, as- tions to ensure that U.S. taxpayer dol- Act to strengthen the Securities and sumptions, fees, and amount of due lars are used wisely. Finally, this legis- Exchange Commission’s, SEC’s, over- diligence associated with ratings. It re- lation authorizes a small amount of ad- sight of credit rating agencies and im- quires rating agencies to notify users ditional assistance to see that mecha- prove the accountability and accuracy and promptly update ratings when nisms are finally established to pro- of credit ratings. model or methodology changes occur. mote accountability and reconciliation Credit ratings have taken on sys- Finally, the bill requires ratings agen- in Uganda on both local and national temic importance in our financial sys- cies to have independent compliance levels. A failure to address the under- tem, and have become critical to cap- officers, and to take other actions, to lying political grievances in northern ital formation, investor confidence, prevent potential conflicts of interest. Uganda could lead to new conflicts in and the efficient performance of the I hope my colleagues will join me in the future. U.S. economy. However, in recent helping improve the accountability and As my colleagues know, I make it a months we have witnessed a significant transparency of credit ratings that are practice to pay for all bills that I intro- amount of market instability stem- so critical to the functioning of our fi- duce, and the authorization in this bill ming in part from the failure of these nancial markets. is offset by reducing funds appropriated agencies to accurately measure the Mr. President, I ask unanimous con- for excess secondary inventory for the risks associated with mortgage-backed sent that the text of the bill be printed Department of the Air Force. A report securities and other more complex in the RECORD. by the Government Accountability Of- products. There being no objection, the text of fice in 2007 found that more than half As the Chairman of the Securities, the bill was ordered to be printed in of the Air Force’s secondary inventory Insurance, and Investment Sub- the RECORD, as follows: or spare parts, worth roughly $31.4 bil- committee of the Senate Banking, S. 1073 Housing, and Urban Affairs Committee, lion, were not needed to support re- Be it enacted by the Senate and House of Rep- quired on-hand and on-order inventory I chaired a hearing in September of resentatives of the United States of America in levels for fiscal years 2002 through 2005. 2007 to examine the role of credit rat- Congress assembled, The GAO report concluded that this is ing agencies in the mortgage crisis, SECTION 1. SHORT TITLE. not only wasteful, but could also nega- and these issues were also addressed at This Act may be cited as the ‘‘Rating Ac- tively impact readiness. The Air Force a hearing by the full Committee last countability and Transparency Enhancement has acknowledged that it currently has year. From these hearings, it is clear Act of 2009’’ or the ‘‘RATE Act’’. over $100 million of spare parts on that problems at credit rating agencies SEC. 2. FINDINGS. order for which it has no need. contributed to the significant financial Congress finds that— Some may disagree with me on the sector instability our country has been (1) because of the systemic importance of experiencing. In fact, an SEC inves- credit ratings and the reliance placed on need for an offset, but last year’s Office them by individual and institutional inves- of Management and Budget’s projec- tigation last summer found that credit tors and financial regulators, the activities tions confirm that we have the biggest rating agencies such as Moody’s, and performances of credit rating agencies, budget deficit in the history of our Standard & Poor’s, and Fitch Ratings including nationally recognized statistical country. We cannot afford to be fis- conducted weak analyses and failed to rating organizations, are the subject of na- cally irresponsible so we must make maintain appropriate independence tional public interest, as they are central to choices to ensure that our children and from the issuers whose securities they capital formation, investor confidence, and grandchildren do not bear the burden rated. the efficient performance of the United of our reckless spending. I believe re- Credit rating agencies are in the States economy; business of providing investors with (2) credit rating agencies, including na- ducing the excess secondary inventory tionally recognized statistical rating organi- for the Department of the Air Force by unbiased analysis, but the current in- zations, play a critical ‘‘gatekeeper’’ role $40 million, a small amount, to pay for centive structure gives them too much that is functionally similar to that of securi- this bill is a responsible move that we leeway to hand out unjustifiably favor- ties analysts, who evaluate the quality of se- can all support. able ratings. Let us be clear: not every curities, and auditors, who review the finan- Americans from all states and all rating is suspect and these firms pro- cial statements of firms, and such role justi- walks of life have been touched by the vide crucial information for investors fies a similar level of public oversight and stories of children from northern Ugan- and the marketplace, but credit rating accountability; da abducted and forced to commit un- agencies like any other industry should (3) because credit rating agencies perform speakable acts. Congress, too, has a be held accountable if they knowingly evaluative and analytical services on behalf of clients, their activities are fundamentally long history of being involved with ef- or recklessly mislead investors. commercial in character and should be sub- forts to help end this rebel war, dating According to a mortgage industry ject to the same standards of liability and back to the Northern Uganda Crisis Re- trade publication, the three major oversight as apply to auditors and securities sponse Act that we passed in 2004, credit rating agencies have each down- analysts; which committed the United States to graded more than half of the subprime (4) in certain of their roles, particularly in work vigorously for a lasting resolu- mortgage-backed securities they origi- advising arrangers of structured financial tion to the conflict. The Lord’s Resist- nally rated between 2005 and 2007. Rat- products on potential ratings of such prod- ance Army Disarmament and Northern ings agencies made these mistakes in ucts, credit rating agencies face conflicts of Uganda Recovery Act of 2009 reaffirms part because of conflicts of interest and interest that need to be carefully monitored other problems with internal controls, and that therefore should be addressed ex- and refocuses that commitment to help plicitly in legislation in order to give clear see this—one of Africa’s longest run- underscoring the need for enhanced authority to the Securities and Exchange ning and most gruesome rebel wars—to oversight of this industry. Commission; its finish. I believe that, with the nec- The bill I introduce today gives the (5) in the recent credit crisis, the ratings of essary leadership and strategic vision SEC strong new authority to oversee structured financial products have proven to envisioned by this legislation, we can and hold rating agencies accountable be inaccurate, and have contributed to the contribute to that end. I urge my col- for conflicts of interest and other in- mismanagement of risks by financial insti- leagues to support this bill. ternal control deficiencies that have tutions and investors, which impacts the weakened ratings in the past. The bill health of the economy in the United States By Mr. REED: includes a carefully crafted liability and around the world; and S. 1073. A bill to provide for credit provision that allows investors to take (6) credit rating agencies should determine their ratings independently, without regu- rating reforms, and for other purposes; action when a rating agency knowingly latory approval of methodologies, in order to to the Committee on Banking, Hous- or recklessly fails to review key infor- avoid overreliance on ratings and to ensure ing, and Urban Affairs. mation in developing the rating. that the rating agencies, rather than the Se- Mr. REED. Mr. President, I rise to in- It also enhances disclosure require- curities and Exchange Commission, are ac- troduce the Rating Accountability and ments to allow investors and others to countable for such methodologies, except

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that regulators should have strong authority tical rating organization shall establish gov- ‘‘(5) LOOK-BACK REQUIREMENT.— to ensure that all other aspects of rating ernance procedures to manage conflicts of ‘‘(A) REVIEW BY NRSRO.—In any case in agency activities are designed to ensure the interest, consistent with the protection of which an employee of an obligor or an issuer highest quality ratings and accountability users of credit ratings, in accordance with or underwriter of a security or money mar- for those creating them. rules issued by the Commission pursuant to ket instrument was employed by a nation- SEC. 3. ENHANCED REGULATION OF NATIONALLY paragraph (3). ally recognized statistical rating organiza- RECOGNIZED STATISTICAL RATING ‘‘(3) COMMISSION AUTHORITY.—The Commis- tion and participated in any capacity in de- ORGANIZATIONS. sion shall issue final rules to prohibit, or re- termining credit ratings for the obligor or Section 15E of the Securities Exchange Act quire the management and disclosure of, any the securities or money market instruments of 1934 (15 U.S.C. 78o–7) is amended— conflicts of interest relating to the issuance of the issuer during the 1-year period pre- (1) in subsection (c)— of credit ratings by a nationally recognized ceding the date of the issuance of the credit (A) in the second sentence of paragraph (2), statistical rating organization, including— rating, the nationally recognized statistical by inserting ‘‘including the requirements of ‘‘(A) conflicts of interest relating to the rating organization shall— this section,’’ after ‘‘Notwithstanding any manner in which a nationally recognized sta- ‘‘(i) conduct a review to determine whether other provision of law,’’; and tistical rating organization is compensated any conflicts of interest of such employee in- (B) by adding at the end the following: by the obligor, or any affiliate of the obligor, fluenced the credit rating; and ‘‘(3) REVIEW OF INTERNAL CONTROLS FOR DE- for issuing credit ratings or providing re- ‘‘(ii) take action to revise the rating if ap- TERMINING CREDIT RATINGS.— lated services; propriate, in accordance with such rules as ‘‘(A) IN GENERAL.—Credit ratings by, and ‘‘(B) conflicts of interest relating to the the Commission shall prescribe. the policies, procedures, and methodologies provision of consulting, advisory, or other ‘‘(B) REVIEW BY COMMISSION.—The Commis- employed by, each nationally recognized sta- services by a nationally recognized statis- sion shall conduct periodic reviews of the tistical rating organization shall be reviewed tical rating organization, or any person asso- look-back policies described in subparagraph by the Commission to ensure that— ciated with such nationally recognized sta- (A) and the implementation of such policies ‘‘(i) the nationally recognized statistical tistical rating organization, and the obligor, at each nationally recognized statistical rat- rating organization has established and doc- or any affiliate of the obligor; ing organization to ensure they are appro- umented a system of internal controls for de- ‘‘(C) disclosure of business relationships, priately designed and implemented to most termining credit ratings, taking into consid- ownership interests, affiliations of nation- effectively eliminate conflicts of interest in eration such factors as the Commission may ally recognized statistical rating organiza- this area. prescribe by rule; and tion board members with obligors, or any ‘‘(6) PERIODIC REVIEWS.— ‘‘(ii) the nationally recognized statistical ‘‘(A) REVIEWS REQUIRED.—The Commission rating organization adheres to such system; other financial or personal interests between and a nationally recognized statistical rating or- shall conduct periodic reviews of governance ‘‘(iii) the public disclosures of the nation- ganization, or any person associated with and conflict of interest procedures estab- ally recognized statistical rating organiza- such nationally recognized statistical rating lished under this subsection to determine the tion required under this section about its organization, and the obligor, or any affil- effectiveness of such procedures. ratings, methodologies, and procedures are iate of the obligor; ‘‘(B) TIMING OF REVIEWS.—The Commission consistent with such system. ‘‘(D) disclosure of any affiliation of a na- shall review and make available to the pub- ‘‘(B) SCOPE OF REVIEWS.—The Commission tionally recognized statistical rating organi- lic the code of ethics and conflict of interest shall conduct the reviews required by this zation, or any person associated with such policy of each nationally recognized statis- paragraph— nationally recognized statistical rating orga- tical rating organization— ‘‘(i) for all types of credit ratings; and nization, with any person that underwrites ‘‘(i) not less frequently than once every 3 ‘‘(ii) for new credit ratings, in a timely securities, entities, or other instruments years; and manner. that are the subject of a credit rating; and ‘‘(ii) whenever such policies are materially ‘‘(C) MANNER AND FREQUENCY.—The Com- ‘‘(E) any other potential conflict of inter- modified or amended.’’; mission shall conduct reviews required by est, as the Commission deems necessary or (4) by amending subsection (j) to read as this paragraph in a manner and with a fre- appropriate in the public interest or for the follows: quency to be determined by the Commission. protection of users of credit ratings. ‘‘(j) DESIGNATION OF COMPLIANCE OFFICER.— ‘‘(4) PROVISION OF INFORMATION TO THE COM- ‘‘(4) COMMISSION RULES.—The rules issued ‘‘(1) IN GENERAL.—Each nationally recog- MISSION.—Each nationally recognized statis- by the Commission under paragraph (3) shall nized statistical rating organization shall tical rating organization shall make avail- include— designate an individual to serve as a compli- able and maintain such records and informa- ‘‘(A) the establishment of a system of pay- ance officer. tion, for such a period of time, as the Com- ment for each nationally recognized statis- ‘‘(2) DUTIES.—The compliance officer mission may prescribe, by rule, as necessary tical rating organization that requires that shall— for the Commission to conduct the reviews payments are structured to ensure that the ‘‘(A) report directly to the board of the na- under this subsection;’’; nationally recognized statistical rating orga- tionally recognized statistical rating organi- (2) in subsection (d)— nization conducts accurate and reliable sur- zation (or the equivalent thereof) or to the (A) by inserting ‘‘fine,’’ after ‘‘censure,’’ veillance of ratings over time, and that in- senior officer of the nationally recognized each place that term appears; centives for accurate ratings are in place; statistical rating organization; and (B) in the subsection heading, by inserting ‘‘(B) a prohibition on providing credit rat- ‘‘(B) shall— ‘‘FINE,’’ after ‘‘CENSURE,’’; ings for structured products that it advised ‘‘(i) review compliance with policies and (C) in paragraph (4), by striking ‘‘or’’ at on, in the form of assistance, advice, con- procedures to manage conflicts of interest the end; sultation, or other aid that preceded its re- and assess the risk that such compliance (or (D) in paragraph (5), by striking the period tention by any issuer, underwriter, or place- lack of such compliance) may compromise at the end and inserting ‘‘; or’’; and ment agent to provide a rating for the secu- the integrity of the credit rating process; (E) by adding at the end the following: rities in question (or any assistance provided ‘‘(ii) review compliance with internal con- ‘‘(6) fails to conduct sufficient surveillance after such point for which additional com- trols with respect to the procedures and to ensure that credit ratings remain current, pensation is paid directly or indirectly); methodologies for determining credit rat- accurate, and reliable.’’; ‘‘(C) requirements that a nationally recog- ings, including quantitative and qualitative (3) by amending subsection (h) to read as nized statistical rating organization disclose models used in the rating process, and assess follows: any relationship or affiliation described in the risk that such compliance with the inter- ‘‘(h) MANAGEMENT OF CONFLICTS OF INTER- subparagraphs (C) and (D) of paragraph (3); nal controls (or lack of such compliance) EST.— ‘‘(D) a requirement that, in each credit rat- may compromise the integrity and quality of ‘‘(1) ORGANIZATION POLICIES AND PROCE- ing report issued to the public, a nationally the credit rating process; DURES.—Each nationally recognized statis- recognized statistical rating organization ‘‘(iii) in consultation with the board of the tical rating organization shall establish, disclose the type and number of ratings it nationally recognized statistical rating orga- maintain, and enforce written policies and has provided to the obligor or affiliates of nization, a body performing a function simi- procedures reasonably designed, taking into the obligor, including the fees it has billed lar to that of a board, or the senior officer of consideration the nature of the business of for the credit rating and aggregate amount the nationally recognized statistical rating such nationally recognized statistical rating of fees in the preceding 2 years that it has organization, resolve any conflicts of inter- organization and affiliated persons and affili- billed to the particular obligor or its affili- est that may arise; ated companies thereof, to address, manage, ates; and ‘‘(C) be responsible for administering the and disclose any conflicts of interest that ‘‘(E) any other requirement as the Com- policies and procedures required to be estab- can arise from such business. mission deems necessary or appropriate in lished pursuant to this section; and ‘‘(2) GOVERNANCE IMPROVEMENTS AT the public interest, or for the protection of ‘‘(D) ensure compliance with securities NRSRO.—Each nationally recognized statis- users of credit ratings. laws and the rules and regulations issued

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12881 thereunder, including rules promulgated by ing users of credit ratings to compare per- ‘‘(B) that can be made public and used by the Commission pursuant to this section. formance of ratings by different nationally investors and other users to better under- ‘‘(3) LIMITATIONS.—No compliance officer recognized statistical rating organizations. stand credit ratings issued in each class of designated under paragraph (1), may, while ‘‘(2) CONTENT.—The rules of the Commis- credit rating issued by the nationally recog- serving in such capacity— sion under this subsection shall require, at a nized statistical rating organization. ‘‘(A) perform credit ratings; minimum, disclosures that— ‘‘(2) FORMAT.—The Commission shall en- ‘‘(B) participate in the development of rat- ‘‘(A) are comparable among nationally rec- sure that the form established under para- ing methodologies or models; ognized statistical rating organizations, so graph (1)— ‘‘(C) perform marketing or sales functions; that users can compare rating performance ‘‘(A) is designed in a user-friendly and or across rating organizations; helpful manner for users of credit ratings to ‘‘(D) participate in establishing compensa- ‘‘(B) are clear and informative for a wide understand the information contained in the tion levels, other than for employees work- range of investor sophistication; report; and ing for such officer. ‘‘(C) include performance information over ‘‘(B) requires the nationally recognized ‘‘(4) OTHER DUTIES.—The compliance officer a range of years and for a variety of classes statistical rating organization to provide the shall establish procedures for the receipt, re- of credit ratings, as determined by the Com- appropriate content, as required by para- tention, and treatment of— mission; and graph (3). ‘‘(A) complaints regarding credit ratings, ‘‘(D) are published and made freely avail- ‘‘(3) CONTENT.—Each nationally recognized models, methodologies, and compliance with able by the nationally recognized statistical statistical rating organization shall include the securities laws and the policies and pro- rating organization, on an easily accessible on the form established under this sub- cedures required under this section; and portion of its website and in written form section, along with its ratings— ‘‘(B) confidential, anonymous complaints when requested by users. ‘‘(A) the main assumptions included in by employees or users of credit ratings. ‘‘(r) CREDIT RATINGS METHODOLOGIES.—The constructing procedures and methodologies, Commission shall promulgate rules, for the ‘‘(5) ANNUAL REPORTS REQUIRED.—The com- including qualitative and quantitative mod- pliance officer shall annually prepare and protection of users of credit ratings and in els; sign a report on the compliance of the na- the public interest, with respect to the pro- ‘‘(B) the potential shortcomings of the cedures and methodologies, including quali- tionally recognized statistical rating organi- credit ratings, and the types of risks ex- tative and quantitative models, used by na- zation with the securities laws and its poli- cluded from the credit ratings that the reg- tionally recognized statistical rating organi- cies and procedures, including its code of istrant is not commenting on (such as liquid- zations that require each nationally recog- ethics and conflict of interest policies, in ac- ity, market, and other risks); nized statistical rating organization to— cordance with rules prescribed by the Com- ‘‘(1) ensure that credit ratings are deter- ‘‘(C) information on the reliability, accu- mission. Such compliance report shall ac- mined using procedures and methodologies, racy, and quality of the data relied on in de- company the financial reports of the nation- including qualitative and quantitative mod- termining the ultimate credit rating and a ally recognized statistical rating organiza- els, that are approved by the board of the na- statement on the extent to which key data tion that are required to be furnished to the tionally recognized statistical rating organi- inputs for the credit rating were reliable or Commission pursuant to this section.’’; zation, a body performing a function similar limited (including, any limits on the reach of (5) in subsection (k)— to that of a board, or the senior officer of the historical data, limits in accessibility to cer- (A) by striking ‘‘, on a confidential basis,’’; nationally recognized statistical rating orga- tain documents or other forms of informa- (B) by striking ‘‘Each nationally’’ and in- nization, and in accordance with the policies tion that would have better informed the serting the following: and procedures of the nationally recognized credit rating, and the completeness of cer- ‘‘(1) IN GENERAL.—Each nationally’’; and statistical rating organization for developing tain information considered); (C) by adding at the end the following: and modifying credit rating procedures and ‘‘(D) whether and to what extent third ‘‘(2) EXCEPTION.—The Commission may methodologies; party due diligence services have been uti- treat as confidential any item furnished to ‘‘(2) ensure that when major changes to lized, and a description of the information the Commission under paragraph (1), the credit rating procedures and methodologies, that such third party reviewed in conducting publication of which the Commission deter- including to qualitative and quantitative due diligence services; mines may have a harmful effect on a na- models, are made, that the changes are ap- ‘‘(E) a description of relevant data about tionally recognized statistical rating organi- plied consistently to all credit ratings to any obligor, issuer, security, or money mar- zation.’’; which such changed procedures and meth- ket instrument that was used and relied on (6) by amending subsection (p) to read as odologies apply and, to the extent the for the purpose of determining the credit rat- follows: changes are made to credit rating surveil- ing; ‘‘(p) NRSRO REGULATION.— lance procedures and methodologies, they ‘‘(F) an explanation or measure of the po- ‘‘(1) IN GENERAL.—The Commission shall are applied to current credit ratings within a tential volatility for the rating, including establish an office that administers the rules time period to be determined by the Com- any factors that might lead to a change in of the Commission with respect to the prac- mission by rule, and that the reason for the the rating, and the extent of the change that tices of nationally recognized statistical rat- change is disclosed publicly; might be anticipated under different condi- ing organizations in determining ratings, for ‘‘(3) notify users of credit ratings of the tions; and the protection of users of credit ratings and version of a procedure or methodology, in- ‘‘(G) additional information, including con- in the public interest, and to ensure that cluding a qualitative or quantitative model, flict of interest information, as may be re- credit ratings issued by such registrants are used with respect to a particular credit rat- quired by the Commission. accurate and not unduly influenced by con- ing; and ‘‘(4) DUE DILIGENCE SERVICES.— flicts of interest. ‘‘(4) notify users of credit ratings when a ‘‘(A) CERTIFICATION REQUIRED.—In any case ‘‘(2) STAFFING.—The office of the Commis- change is made to a procedure or method- in which third party due diligence services sion established under this subsection shall ology, including to a qualitative or quan- are employed by a nationally recognized sta- be staffed sufficiently to carry out fully the titative model, or an error is identified in a tistical rating organization or an issuer or requirements of this section. procedure or methodology that may result in underwriter, the firm providing the due dili- ‘‘(3) RULEMAKING AUTHORITY.—The Com- credit rating actions, and the likelihood of gence services shall provide to the nation- mission shall— the change resulting in current credit rat- ally recognized statistical rating organiza- ‘‘(A) establish by rule fines and other pen- ings being subject to rating actions. tion written certification of such due dili- alties for any nationally recognized statis- ‘‘(s) TRANSPARENCY OF CREDIT RATING gence, which shall be subject to review by tical rating organization that violates the METHODOLOGIES AND INFORMATION RE- the Commission. applicable requirements of this title; and VIEWED.— ‘‘(B) FORMAT AND CONTENT.—The nation- ‘‘(B) issue such rules as may be necessary ‘‘(1) IN GENERAL.—The Commission shall ally recognized statistical rating organiza- to carry out this section with respect to na- establish a form, to accompany each rating tions shall establish the appropriate format tionally recognized statistical rating organi- issued by a nationally recognized statistical and content for written certifications re- zations. rating organization— quired under subparagraph (A), to ensure ‘‘(q) TRANSPARENCY OF RATINGS PERFORM- ‘‘(A) to disclose information about assump- that providers of due diligence services have ANCE.— tions underlying credit rating procedures conducted a thorough review of data, docu- ‘‘(1) RULEMAKING REQUIRED.—The Commis- and methodologies, the data that was relied mentation, and other relevant information sion shall, by rule, require that each nation- on to determine the credit rating and, where necessary for the nationally recognized sta- ally recognized statistical rating organiza- applicable, how the nationally recognized tistical rating organization to provide an ac- tion shall disclose publicly information on statistical rating organization used servicer curate rating.’’; and initial ratings and subsequent changes to or remittance reports, and with what fre- (7) by amending subsection (m) to read as such ratings for the purpose of providing a quency, to conduct surveillance of the credit follows: gauge of the accuracy of ratings and allow- rating; and ‘‘(m) ACCOUNTABILITY.—

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12882 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 ‘‘(1) IN GENERAL.—The enforcement and and that would protect American fami- It would stop any campaign or group penalty provisions of this title shall apply to lies from being inundated by auto- from making more than two robocalls a nationally recognized statistical rating or- mated political calls all through the to the same telephone number in a sin- ganization in the same manner and to the day and night. gle day. same extent as such provisions apply to a The bill would allow political out- It would prohibit groups making registered public accounting firm or a secu- rities analyst under the Federal securities reach through these prerecorded robocalls from locking the ‘‘caller laws for statements made by them, and such ‘‘robocalls’’ to continue, but it would identification’’ number that is sup- statements shall not be deemed forward- put some commonsense limits on posed to show up on many phones; and looking statements for purposes of section them—to make sure that they are used it would require robocallers to include 21E. in a way that informs voters, rather an announcement at the beginning of ‘‘(2) RULEMAKING.—The Commission shall than harasses or misleads them. each call explaining who is responsible issue such rules as may be necessary to carry In recent years, we have seen amaz- for the call and that it is a prerecorded out this subsection.’’. ing development in technologies that message. This is to prevent people from SEC. 4. STATE OF MIND IN PRIVATE ACTIONS. help political candidates reach out to using these calls in a way that is mis- Section 21D(b)(2) of the Securities Ex- voters. leading. change Act of 1934 (15 U.S.C. 78u–4(b)(2)) is This is a good thing. Political speech amended by inserting before the period at The enforcement provisions of this the end the following: ‘‘, except that in the is essential, and new technology that bill are simple and intent on stopping case of an action brought under this title for facilitates communication between the worst of these calls. money damages against a nationally recog- candidates and voters serves to bolster The bill creates a civil fine for viola- nized statistical rating organization, it shall the democratic process. When more in- tors of the law, with additional fines be sufficient, for purposes of pleading any re- formation is available to voters, it pro- for callers who willfully violate the quired state of mind for purposes of such ac- motes a more meaningful interchange law. tion, that the complaint shall state with par- of ideas. The bill also allows voters to sue to ticularity facts giving rise to a strong infer- The robocall is one of these recent stop those calls immediately, but to ence that the nationally recognized statis- not receive money damages. tical rating organization knowingly or reck- developments. A robocall is a pre-re- corded phone message that can be sent A judge can order violators of the law lessly failed either to conduct a reasonable to stop these abusive calls. investigation of the rated security with re- out to tens of thousands of voters at a spect to the factual elements relied upon by low cost through computer automa- Why are these provisions so impor- its own methodology for evaluating credit tion. tant? Let me give you a few facts and risk, or to obtain reasonable verification of With television and radio ads becom- stories from recent elections: such factual elements (which verification ing so expensive, these robocalls can According to the Pew Foundation, may be based on a sampling technique that play a positive role in alerting voters the use of robocalls is on the rise. By does not amount to an audit) from other to a candidate’s position and urging April of 2008, 39 percent of voters over- sources that it considered to be competent all had received pre-recorded political and that were independent of the issuer and their support at the polls. But it is also a technology that can calls, and a full 81 percent of likely underwriter’’. caucus-goers in Iowa had been con- SEC. 5. REGULATIONS. be abused. We all have heard stories about people being called over and over tacted with robocalls. The Securities and Exchange Commission As the 2008 campaign went forward, shall issue final rules and regulations, as re- and over again at all hours of the day quired by the amendments made by this Act, and night. voters expressed disagreement both not later than 365 days after the date of en- I believe this is wrong. When these with the number of these calls, and actment of this Act. calls are used improperly, they inter- with their content, saying that some SEC. 6. STUDY AND REPORT. rupt American families during their calls were deliberately misleading. (a) STUDY.—The Comptroller General of private time at home and interfere In 2007, hundreds of voters in New the United States shall undertake a study with their privacy rights. They can York were woken up at 2 am because of of— also turn people away from the polit- a software programming error with a (1) the extent to which rulemaking the Se- robocall. The calls were supposed to curities and Exchange Commission has car- ical process itself. When people become frustrated or an- occur at 2 p.m. ried out the provisions of this Act; In 2006, there were complaints about (2) the appropriateness of relying on rat- noyed by calls that are commercial in ings for use in Federal, State, and local secu- nature, they have the option to request robocalls across the country. In the Ne- rities and banking regulations, including for to be put on the Federal Trade Com- braska 3rd District Congressional Elec- determining capital requirements; mission’s ‘‘Do Not Call’’ list. To date, tion, voters complained to candidate (3) the effect of liability in private actions millions of Americans have chosen to Scott Kleeb when they received dozens arising under the Securities Exchange Act of be part of that list. of calls, containing poor-quality 1934 and the exception added by section 4 of But political calls are specifically ex- versions of his voice. Kleeb’s sup- this Act; and empted from this ‘‘Do Not Call’’ reg- porters claim that his voice was re- (4) alternative means for compensating corded, and used in an abusive robocall credit rating agencies that would create in- istry. centives for accurate credit ratings and The First Amendment gives special against him. what, if any, statutory changes would be re- protection to political speech, because In Illinois, voters received a recorded quired to permit or facilitate the use of such the interchange of political ideas is es- call about U.S. Representative MELISSA alternative means of compensation. sential to our democracy. BEAN that did not clearly identify the (b) REPORT.—Not later than 30 months For that reason, the ‘‘Robocall Pri- caller. Voters called Representative after the date of enactment of this Act, the vacy Act’’ would not wholly ban polit- BEAN’s office to complain without lis- Comptroller General shall submit to Con- ical robocalls. It would, however, im- tening to the entire message, which gress and the Securities Exchange Commis- eventually identified an opposing party sion, a report containing the findings under pose some carefully drawn restrictions the study required by subsection (a). that I think we can all agree are rea- committee as the sponsor—but only sonable. after the time that most voters had By Mrs. FEINSTEIN (for herself, Let me tell you exactly what the bill hung up. Representative Bean had to Ms. SNOWE, and Mr. DURBIN): would do. spend campaign funds informing voters S. 1077. A bill to regulate political It would apply during the 60 days she had not made that call. robocalls, to the Committee on Rules leading up to a general election and the In a Maryland race, voters in a con- and Administration. 30 days before a primary election. servative area received a middle-of-the- Mrs. FEINSTEIN. Mr. President, I It would ban robocalls between the night robocall from the nonexistent rise to introduce the Robocall Privacy hours of 9 p.m. and 8 a.m.—to try to ‘‘Gay and Lesbian Push,’’ urging them Act of 2009. prevent these calls from disturbing to support one of the candidates. That This is a bill that is cosponsored by people when they are sleeping or trying candidate lost the election, in part be- Senator SNOWE and Senator DURBIN, to put their children to sleep. cause of the false, late-night call.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12883 Quantity is an added problem. Voters didate for Federal office who is promoted, companion measure was introduced frequently receive multiple robocall supported, attacked, or opposed in a political last month by Congresswoman ANN calls a day from the same group or can- robocall— KIRKPATRICK from Arizona. didate in the days leading up to an (A) the 60-day period ending on the date of any general, special, or run-off election for Pursuant to the Arizona Water Set- election. the office sought by such candidate; and tlements Act of 2004, AWSA, Congress The National Do Not Call Network— (B) the 30-day period ending on the date of authorized the Secretary of the Inte- a nonprofit focused on this issue—has any primary or preference election, or any rior to accept from the Salt River indicated that 40 percent of its mem- convention or caucus of a political party Project, SRP, title of the C.C. Cragin bership says they received between 5 that has authority to nominate a candidate, Dam and Reservoir for the express use and 9 calls a day during the election for the office sought by such candidate. of the Salt River Federal Reclamation (4) OTHER DEFINITIONS.—The terms ‘‘can- season. Some frustrated voters re- Project. While it’s clear that Congress ported receiving as many as 37 calls in didate’’ and ‘‘Federal office’’ have the re- spective meanings given such terms under intended to transfer jurisdiction of the a day. section 301 of the Federal Election Campaign Cragin Project to the Department of This is just counterproductive. The Act of 1971 (2 U.S.C. 431). Interior, and in particular, the Bureau goal of political speech is to inform SEC. 4. REGULATION OF POLITICAL ROBOCALLS. of Reclamation, the lands underlying and engage voters, not to mislead them It shall be unlawful for any person during the Project are technically located or turn them off of the democratic the specified period to make a political within the Coconino National Forest process. robocall or to cause a political robocall to be and the Tonto National Forest. This I am a strong supporter of the First made— has resulted in a disagreement between (1) to any person during the period begin- Amendment and its protection for po- the Bureau of Reclamation and the Na- litical speech, but these robocalls have ning at 9 p.m. and ending at 8 a.m. in the place which the call is directed; tional Forest Service concerning juris- become a problem. Something must be (2) to the same telephone number more diction over the operation and manage- done. than twice on the same day; ment activities of the Cragin Project. I believe this bill presents the right (3) without disclosing, at the beginning of For more than two years, SRP and solution—it imposes clear time, place, the call— Reclamation have attempted to reach (A) that the call is a recorded message; and and manner restrictions, but it also al- an agreement with the Forest Service lows campaigns and groups to use (B) the identity of the person making the call or causing the call to be made; or that recognizes Reclamation’s para- robocalls to inform voters of issues and mount jurisdiction over the Cragin their positions. (4) without transmitting the telephone number and the name of the person making Project. Unfortunately, the Forest I think it is time for us to find a rea- the political robocall or causing the political Service maintains that this technical sonable solution to these calls that are robocall to be made to the caller identifica- ambiguity under the AWSA implies intruding on the privacy of the Amer- tion service of the recipient. they have a regulatory role in approv- ican home and misleading voters. SEC. 5. ENFORCEMENT. ing Cragin Project operations and I want to thank Senators SNOWE and (a) ENFORCEMENT BY FEDERAL ELECTION maintenance. DURBIN for co-sponsoring this legisla- COMMISSION.— tion, and I urge my colleagues to join (1) IN GENERAL.—Any person aggrieved by a Speedy resolution of this jurisdic- me in supporting the Robocall Privacy violation of section 4 may file a complaint tional issue is urgently needed in order Act of 2009. with the Federal Election Commission under to address repairs and other oper- Mr. President, I ask unanimous con- rules similar to the rules under section 309(a) ational needs of the Cragin Project, in- of the Federal Election Campaign Act of 1971 cluding planning for the future water sent that the text of the bill be printed (2 U.S.C. 437g(a)). in the RECORD. needs of the City of Payson and other (2) CIVIL PENALTY.— northern Arizona communities. This There being no objection, the text of (A) IN GENERAL.—If the Federal Election the bill was ordered to be printed in Commission or any court determines that clarification would simply provide Rec- the RECORD, as follows: there has been a violation of section 4, there lamation with the oversight responsi- shall be imposed a civil penalty of not more bility that Congress originally in- S. 1077 than $1,000 per violation. tended. I urge my colleagues to support Be it enacted by the Senate and House of Rep- (B) WILLFUL VIOLATIONS.—In the case the this bill. resentatives of the United States of America in Federal Election Commission or any court Congress assembled, determines that there has been a knowing or f SECTION 1. SHORT TITLE. willful violation of section 4, the amount of This Act may be cited as the ‘‘Robocall any civil penalty under subparagraph (A) for Privacy Act of 2009’’. such violation may be increased to not more SUBMITTED RESOLUTIONS SEC. 2. FINDINGS. than 300 percent of the amount under sub- Congress makes the following findings: paragraph (A). RIVATE RIGHT OF ACTION.—Any person (1) Abusive political robocalls harass vot- (b) P may bring in an appropriate district court of ers and discourage them from participating SENATE RESOLUTION 152—TO the United States an action based on a viola- in the political process. AMEND S. RES. 73 TO INCREASE tion of section 4 to enjoin such violation (2) Abusive political robocalls infringe on without regard to whether such person has FUNDING FOR THE SPECIAL RE- the privacy rights of individuals by dis- filed a complaint with the Federal Election SERVE turbing them in their homes. Commission. SEC. 3. DEFINITIONS. Mr. SCHUMER (for himself and Mr. BENNETT) submitted the following reso- For purposes of this Act— By Mr. MCCAIN (for himself and (1) POLITICAL ROBOCALL.—The term ‘‘polit- lution; which was considered and Mr. KYL): ical robocall’’ means any outbound tele- S. 1080. A bill to clarify the jurisdic- agreed to: phone call— (A) in which a person is not available to tion of the Secretary of the Interior S. RES. 152 speak with the person answering the call, with respect to the C.C. Cragin Dam Resolved, and the call instead plays a recorded mes- and Reservoir, and for other purposes; SECTION 1. SPECIAL RESERVE FUNDING. sage; and to the Committee on Energy and Nat- (B) which promotes, supports, attacks, or ural Resources. (a) IN GENERAL.—Section 20(a) of S. Res. 73 (111th Congress) is amended by striking opposes a candidate for Federal office. Mr. MCCAIN. Mr. President, I am ‘‘$4,375,000’’ and inserting ‘‘$4,875,000’’. (2) IDENTITY.—The term ‘‘identity’’ means, pleased to be joined by my colleague, with respect to any individual making a po- (b) AGGREGATES.—The additional funds Senator KYL, in introducing a bill that litical robocall or causing a political provided by the amendment made by sub- robocall to be made, the name of the sponsor would clarify the jurisdiction of the section (a) shall not be considered to be sub- or originator of the call. Bureau of Reclamation over program ject to the 89 percent limitation on Special (3) SPECIFIED PERIOD.—The term ‘‘specified activities associated with the C.C. Reserves found on page 2 of Committee Re- period’’ means, with respect to any can- Cragin Project in northern Arizona. A port 111-14, accompanying S. Res. 73.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12884 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 SENATE RESOLUTION 153—EX- right to prompt, just, and effective com- vate property looted and wrongly confiscated PRESSING THE SENSE OF THE pensation for private property that is taken by the Nazis during World War II and subse- SENATE ON THE RESTITUTION for public use; quently seized by a Communist government OF OR COMPENSATION FOR Whereas the OSCE Parliamentary Assem- are able to obtain either restitution of their bly has called on the participating states to PROPERTY SEIZED DURING THE property or, where restitution is not pos- ensure that they implement appropriate leg- sible, fair compensation; NAZI AND COMMUNIST ERAS islation to secure the restitution of or com- (4) urges the Government of Lithuania and Mr. NELSON of Florida (for himself pensation for property losses of victims of the governments of other countries in Eu- and Mr. CARDIN) submitted the fol- Nazi persecution, including communal orga- rope that have not already done so to imme- lowing resolution; which was referred nizations and institutions, irrespective of diately enact fair, comprehensive, non-dis- to the Committee on Foreign Rela- the current citizenship or place of residence criminatory, and just legislation so that of the victims, their heirs, or the relevant communities that had communal and reli- tions: successors to communal property; gious property looted and wrongly con- S. RES. 153 Whereas Congress passed resolutions in the fiscated by the Nazis during World War II Whereas many Eastern European countries 104th and 105th Congresses that emphasized and subsequently seized by a Communist were dominated for parts of the last century the longstanding support of the United by Nazi or Communist regimes, without the States for the restitution of or compensation government (or the relevant successors to consent of their people; for property wrongly confiscated during the such property or the relevant foundations) Whereas victims under the Nazi regime in- Nazi and Communist eras; are able to obtain either restitution of their cluded individuals persecuted or targeted for Whereas certain post-Communist countries property or, where restitution is not pos- persecution by the Nazi or Nazi-allied gov- in Europe have taken steps toward compen- sible, fair compensation; ernments based on their religious, ethnic, or sating victims of Nazi persecution whose (5) urges the countries of Europe which cultural identity, as well as their political property was confiscated by the Nazis or have not already done so to ensure that all beliefs, sexual orientation, or disability; their allies and collaborators during World such restitution and compensation legisla- Whereas the Nazi regime and the authori- War II or subsequently seized by Communist tion is established in accordance with prin- tarian and totalitarian regimes that emerged governments; ciples of justice and provides a simple, trans- in Eastern Europe after World War II perpet- Whereas at the 1998 Washington Conference parent, and prompt process, so that it results uated the wrongful and unjust confiscation on Holocaust-Era Assets, 44 countries adopt- in a tangible benefit to those surviving vic- of property belonging to the victims of Nazi ed the Principles on Nazi-Confiscated Art to tims of Nazi persecution who suffered from persecution, including real property, per- guide the restitution of looted artwork and the unjust confiscation of their property, sonal property, and financial assets; cultural property; many of whom are well into their senior Whereas communal and religious property Whereas the Government of Lithuania has years; was an early target of the Nazi regime and, promised to adopt an effective legal frame- (6) calls on the President and the Secretary by expropriating churches, synagogues and work to provide for the restitution of or of State to engage in an open dialogue with other community-controlled property, the compensation for wrongly confiscated com- leaders of those countries that have not al- Nazis denied religious communities the tem- munal property, but so far has not done so; ready enacted such legislation to support the poral facilities that held those communities Whereas successive governments in Poland adoption of legislation requiring the fair, together; have promised to adopt an effective general comprehensive, and nondiscriminatory res- Whereas after World War II, Communist re- property compensation law, but the current titution of or compensation for private, com- gimes expanded the systematic expropria- government has yet to adopt one; munal, and religious property that was tion of communal and religious property in Whereas the legislation providing for the seized and confiscated during the Nazi and an effort to eliminate the influence of reli- restitution of or compensation for wrongly Communist eras; and gion; confiscated property in Europe has, in var- (7) welcomes the decision by the Govern- Whereas many insurance companies that ious instances, not always been implemented issued policies in pre-World War II Eastern in an effective, transparent, and timely man- ment of the Czech Republic to host in June Europe were nationalized or had their sub- ner; 2009 an international conference for govern- sidiary assets nationalized by Communist re- Whereas such legislation is of the utmost ments and non-governmental organizations gimes; importance in returning or compensating to continue the work done at the 1998 Wash- Whereas such nationalized companies and property wrongfully seized by totalitarian or ington Conference on Holocaust-Era Assets, those with nationalized subsidiaries have authoritarian governments to its rightful which will— generally not paid the proceeds or compensa- owners; (A) address the issues of restitution of or tion due on pre-war policies, because control Whereas compensation and restitution pro- compensation for real property, personal of those companies or their Eastern Euro- grams can never bring back to Holocaust property (including art and cultural prop- pean subsidiaries had passed to their respec- survivors what was taken from them, or in erty), and financial assets wrongfully con- tive governments; any way make up for their suffering; and fiscated by the Nazis or their allies and col- Whereas Eastern European countries in- Whereas there are Holocaust survivors, laborators and subsequently wrongfully con- volved in these nationalizations have not now in the twilight of their lives, who are fiscated by Communist regimes; participated in a compensation process for impoverished and in urgent need of assist- (B) review issues related to the opening of Holocaust-era insurance policies for victims ance, lacking the resources to support basic archives and the work of historical commis- of Nazi persecution; needs, including adequate shelter, food, or sions, review progress made, and focus on the Whereas the protection of and respect for medical care: Now, therefore, be it next steps required on these issues; and private property rights is a basic principle Resolved, That the Senate— (C) examine social welfare issues related to for all democratic governments that operate (1) appreciates the efforts of those Euro- the needs of Holocaust survivors, and iden- according to the rule of law; pean countries that have enacted legislation tify methods and resources to meet to such Whereas the rule of law and democratic for the restitution of or compensation for needs. norms require that the activity of govern- private, communal, and religious property ments and their administrative agencies be wrongly confiscated during the Nazi or Com- Mr. NELSON of Florida. Mr. Presi- exercised in accordance with the laws passed munist eras, and urges each of those coun- dent, next month, to mark the conclu- by their parliaments or legislatures, and tries to ensure that the legislation is effec- sion of its term in the presidency of the such laws themselves must be consistent tively and justly implemented; European Union, the Czech Republic with international human rights standards; (2) welcomes the efforts of many post-Com- Whereas in July 2001, the Paris Declaration munist countries to address the complex and will host what will be an historic gath- of the Organization for Security and Co- difficult question of the status of confiscated ering in Prague: the International Con- operation in Europe (OSCE) Parliamentary properties, and urges those countries to en- ference on Holocaust Era Assets. The Assembly noted that the process of restitu- sure that their restitution or compensation Prague Conference will build on the tion, compensation, and material reparation programs are implemented in a timely, non- of victims of Nazi persecution has not been discriminatory manner; important work done more than 10 pursued with the same degree of comprehen- (3) urges the Government of Poland and years ago at the Conference on Holo- siveness by all of the OSCE participating the governments of other countries in Eu- caust Era Assets held here in Wash- states; rope that have not already done so to imme- ington. The Washington Conference Whereas the OSCE participating states diately enact fair, comprehensive, non-dis- have agreed to achieve or maintain full rec- criminatory, and just legislation so that vic- laid the foundation for important ognition and protection of all types of prop- tims of Nazi persecution (or the heirs or suc- agreements entered into by countries erty, including private property and the cessors of such persons) who had their pri- and private companies that resulted in

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12885 a number of restitution and compensa- caust Era Insurance Claim, ICHEIC, caust survivors were notified of our in- tion programs throughout Western Eu- has ceased operations and paid out tent to file this resolution and asked to rope that have paid hundreds of mil- some $306 million to 48,000 Holocaust provide input via e-mail. Over the lions of dollars to Holocaust victims victims and their heirs for Holocaust- space of 6 weeks, we received more and their heirs. era insurance policies that belonged to than 200 messages from Holocaust sur- The Prague Conference hopefully will them and never were paid. vivors and their children and relatives serve as a catalyst for the next, and While Western European countries now living in nations around the world, probably final, phase of restitution and and insurance companies participated supporting restitution. Many e-mails compensation programs for Holocaust in and contributed to ICHEIC, there addressed specific claims to property in survivors and their heirs. One of the was undisputed testimony at the hear- Eastern European countries including Prague Conference’s main focuses will ing that Eastern European countries Croatia, Czech Republic, Hungary, Lat- be how to advance restitution for real and companies did not and should be via, Lithuania, Poland, Romania, Ser- and personal property, including art called upon to compensate Holocaust bia, Slovakia, and Ukraine. and cultural property. This is espe- survivors for the unpaid value of their The following message of support cially true in Eastern Europe, where insurance policies. from one Holocaust survivor exempli- there are numerous countries that Millions of Jews lived in Eastern Eu- fies the many heart-rending and com- have yet to enact meaningful restitu- ropean countries before the war. While pelling e-mails I received, recounting tion programs, including countries in many of them lived in rural areas and what was lost by survivors who had Eastern Europe. were too poor to afford insurance, lived in Eastern Europe and their in- Two resolutions introduced today there were certainly Jews who pur- ability thus far to obtain restitution or will address this topic. I have intro- chased insurance policies from subsidi- compensation: duced a resolution, which Senator aries of Western European companies I support your efforts to secure property CARDIN has cosponsored, calling on whose assets were taken by the com- restitution in Eastern Europe for Holocaust Eastern European countries to imple- munist governments that came into Survivors. ment restitution or compensation pro- power, or by Eastern European compa- With my family, I was expelled from our grams for those Holocaust victims and nies that were nationalized. Unfortu- apartment in Lodz, Poland on December 11, their heirs whose property and finan- nately, the Eastern European countries 1939. We were allowed to take with us only 3 cial assets were confiscated by the neither participated in ICHEIC nor rucksacks and all our material belongings had to be left behind. These included a newly Nazis, and in many cases seized by the contributed to any of the insurance built apartment block with 10 luxury flats, a communist governments that later compensation efforts that have taken textile factory employing over 100 people and came to power. Senator CARDIN has in- place. ICHEIC nonetheless paid claims magazines full of finished fabrics. troduced a second resolution, which I on those Eastern European policies My mother and I survived the Warsaw have co-sponsored, supporting the from out of the humanitarian funds ghetto, my father was killed by the Germans goals of the Prague Conference. that were contributed by the ICHEIC in December 1944 and we returned to Lodz I first introduced my resolution call- companies, ultimately distributing $31 after liberation by the Russians in early 1945. ing for restitution or compensation by million on more than 2,800 such claims. Our factory and our apartment belonged now Eastern European countries during the to the Polish authorities. We left Poland Unfortunately, Eastern European soon afterwards. 110th Congress, following a hearing I countries have not taken nearly After the collapse of the Iron Curtain and chaired in the Senate Foreign Rela- enough action on restitution for insur- the communist regime, I tried [to] get our tions Committee to examine Holo- ance and other private and communal possessions back without success, my appeal caust-era insurance compensation property taken from Jews and other having been dismissed by the Polish High issues. While this hearing was the first victims of Nazi persecution, and then Court. No compensation was offered. time a Senate committee had met spe- seized by the communist governments We hope the resolution we are intro- cifically to consider this subject, I that ruled Eastern Europe after the ducing today will spur our own govern- have been involved in the issue for war. Poland, for example, is the sole ment and governments in Eastern Eu- more than a decade. As Florida’s insur- member of the Organization for Secu- rope into action and call attention to ance commissioner in the late 1990s, I rity and Cooperation in Europe not to this important unfinished business. helped lead an international effort by have enacted property restitution leg- The Prague Conference offers what regulators and Jewish groups that ulti- islation. And Lithuania has yet to may be the last time that a foundation mately forced many European insurers enact promised legislation to com- can be laid for significant progress. to come to the table and for the first pensate communities that had com- Justice and memory demand nothing time begin paying restitution to sur- munal and religious property seized. less. vivors. This is unacceptable. f Florida is a State with a large popu- The resolution I am introducing lation of Holocaust survivors—one of today urges countries in Eastern Eu- SENATE RESOLUTION 154—HON- the largest concentrations of Holocaust rope to enact fair and comprehensive ORING THE ENTREPRENEURIAL survivors in the world. Most are in private and communal property res- SPIRIT OF SMALL BUSINESS their 80s or 90s—the very youngest are titution legislation addressing the un- CONCERNS IN THE UNITED in their 70s. They are valued constitu- just taking of property by Nazi, com- STATES DURING NATIONAL ents, and while I recognize that no munist, and socialist regimes, and to SMALL BUSINESS WEEK, BEGIN- amount of financial compensation or do so as quickly as possible. Given that NING MAY 17, 2009 property restitution can ever make up the youngest Holocaust survivors are Ms. LANDRIEU (for herself, Ms. from the indescribable wrong of the in their 70s, time is of the essence. SNOWE, Mr. CARDIN, Mr. KERRY, Mrs. Holocaust, I have been and remain Our resolution calls for the Secretary SHAHEEN, Mr. WICKER, Ms. CANTWELL, committed to doing what I can to as- of State to engage in dialogue to and Mr. ISAKSON) submitted the fol- sist survivors to obtain without delay achieve the aims of the resolution as lowing resolution; which was consid- meaningful compensation for assets well as for the convening of an inter- ered and agreed to: that they lost during the war. national intergovernmental conference S. RES. 154 The primary purpose of that hearing to focus on the remaining steps nec- was to examine what remains to be essary to secure restitution and com- Whereas the approximately 27,200,000 small done to compensate Holocaust sur- business concerns in the United States are pensation of Holocaust-era assets. the driving force behind the Nation’s econ- vivors and their heirs for the insurance The resolution received over- omy, creating more than 93 percent of all net policies, now that the decade-long com- whelming support from the survivor new jobs and generating more than 50 per- pensation process undertaken by the community when it was introduced cent of the Nation’s non-farm gross domestic International Commission on Holo- last year. Following the hearing, Holo- product;

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12886 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 Whereas small businesses play an integral (E) tax policy spurs small business growth, sities, including proper housing and health role in rebuilding the Nation’s economy; creates jobs, and increases competitiveness; care; Whereas Congress has emphasized the im- (F) the Federal Government reduces the Whereas the United States and the inter- portance of small businesses by improving regulatory compliance burden on small busi- national community have a moral obligation access to capital through the American Re- nesses; and to uphold and defend the dignity of Holo- covery and Reinvestment Act of 2009; (G) broader health reforms efforts address caust survivors and to ensure their well- Whereas small business concerns are the the specific needs of small businesses and the being; Nation’s innovators, serving to advance self-employed in providing quality and af- Whereas the Prague Conference is a crit- technology and productivity; fordable health insurance coverage to their ical forum for effectively addressing the in- Whereas small business concerns represent employees. creasing economic, social, housing, and 97 percent of all exporters and produce 29 f health care needs of Holocaust survivors in percent of exported goods; their waning years; Whereas Congress established the Small SENATE CONCURRENT RESOLU- Whereas then-Senator Barack Obama, dur- Business Administration in 1953 to aid, coun- TION 23—SUPPORTING THE ing his visit in July 2008 to the Yad Vashem sel, assist, and protect the interests of small GOALS AND OBJECTIVES OF THE Holocaust Memorial in Israel, stated, ‘‘Let business concerns in order to preserve free PRAGUE CONFERENCE ON HOLO- our children come here and know this his- and competitive enterprise, to ensure that a CAUST ERA ASSETS tory so they can add their voices to proclaim fair proportion of the total purchases, con- ‘never again.’ And may we remember those tracts, and subcontracts for property and Mr. CARDIN (for himself, Mr. LUGAR, who perished, not only as victims but also as services for the Federal Government are and Mr. NELSON of Florida) submitted individuals who hoped and loved and placed with small business concerns, to the following concurrent resolution; dreamed like us and who have become sym- make certain that a fair proportion of the which was referred to the Committee bols of the human spirit.’’; and total sales of Government property are made on Foreign Relations: Whereas the Prague Conference may rep- to such small business concerns, and to resent the last opportunity for the inter- maintain and strengthen the overall econ- S. CON. RES. 23 national community to address outstanding omy of the Nation; Whereas the Government of the Czech Re- Holocaust-era issues: Now, therefore, be it Whereas the Small Business Administra- public will host the Conference on Holocaust Resolved by the Senate (the House of Rep- tion has helped small business concerns with Era Assets in Prague from June 26, 2009, resentatives concurring), That Congress— access to critical lending opportunities, pro- through June 30, 2009 (in this preamble re- (1) supports the goals and objectives of the tected small business concerns from exces- ferred to as the ‘‘Prague Conference’’); 2009 Prague Conference on Holocaust Era As- sive Federal regulatory enforcement, played Whereas the Prague Conference will facili- sets; a key role in ensuring full and open competi- tate a review of the progress made since the (2) applauds the Government of the Czech tion for Government contracts, and im- 1998 Washington Conference on Holocaust Republic for hosting the Prague Conference proved the economic environment in which Era Assets, in which 44 countries, 13 non-gov- and for its unwavering commitment to ad- small business concerns compete; ernmental organizations, and numerous dressing outstanding Holocaust-era issues; Whereas for over 50 years, the Small Busi- scholars and Holocaust survivors partici- (3) applauds the countries participating in ness Administration has helped millions of pated; the Prague Conference for the decision to entrepreneurs achieve the American dream Whereas a high-level United States delega- seek justice for Holocaust survivors and to of owning a small business concern and has tion participated in the Washington Con- promote Holocaust remembrance and edu- played a key role in fostering economic ference, led by then-Under Secretary of cation; growth; and State for Economic, Business and Agricul- (4) expresses strong support for the deci- Whereas the President has designated the tural Affairs Stuart Eizenstat, Nobel Peace sion by those countries to make the eco- week beginning May 17, 2009, as ‘‘National Laureate Elie Wiesel, Federal Judge Abner nomic, social, housing, and health care needs Small Business Week’’: Now, therefore, be it Mikva, senior diplomats, and a bipartisan of Holocaust survivors a major focus of the Resolved, That the Senate— group of Members of Congress; Prague Conference, especially in light of the (1) honors the entrepreneurial spirit of Whereas then-Secretary of State Mad- advanced age of the survivors, whose needs small business concerns in the United States eleine Albright delivered the keynote ad- must be urgently addressed; during National Small Business Week, begin- dress at the Washington Conference, articu- (5) urges countries in Central and Eastern ning May 17, 2009; lating the commitment of the United States Europe that have not already done so— (2) applauds the efforts and achievements to Holocaust survivors and urging conference (A) to return to the rightful owner any of the owners of small business concerns and participants to ‘‘chart a course for finishing property that was wrongfully confiscated or their employees, whose hard work and com- the job of returning or providing compensa- transferred to a non-Jewish individual; or mitment to excellence have made them a tion for stolen Holocaust assets to survivors (B) if return of such property is no longer key part of the Nation’s economic vitality; and the families of Holocaust victims’’; possible, to pay equitable compensation to (3) recognizes the work of the Small Busi- Whereas the Prague Conference is expected the rightful owner in accordance with prin- ness Administration and its resource part- to review the issues agreed on at the Wash- ciples of justice and through an expeditious ners in providing assistance to entrepreneurs ington Conference, including issues relating claims-driven administrative process that is and small business concerns; and to financial assets, bank accounts, insur- just, transparent, and fair; (4) strongly urges the President to take ance, and other financial properties; (6) urges all countries to make a priority of steps to ensure that— Whereas the Prague Conference is expected returning to Jewish communities any reli- (A) the applicable procurement goals for to include a special session on social pro- gious or communal property that was stolen small business concerns, including the goals grams for Holocaust survivors and other vic- as a result of the Holocaust; for small business concerns owned and con- tims of Nazi atrocities; (7) calls on all countries to facilitate the trolled by service-disabled veterans, small Whereas at the Prague Conference, work- use of the Washington Conference Principles business concerns owned and controlled by ing groups are expected to convene to discuss on Nazi-Confiscated Art, agreed to December women, HUBZone small business concerns, Holocaust education, remembrance and re- 3, 1998, in settling all claims involving pub- and socially and economically disadvantaged search, looted art, Judaica and Jewish cul- lically and privately held objects; small business concerns, are reached by all tural property, and immovable property, in- (8) calls on the President to send a high- Federal agencies; cluding both private, religious, and com- level official, such as the Secretary of State (B) guaranteed loans, microloans, and ven- munal property; or an appropriate designee, to represent the ture capital, for start-up and growing small Whereas the participation and leadership United States at the Prague Conference; and business concerns, are made available to all of the United States at the highest level is (9) urges other invited countries to partici- qualified small business concerns; critically important to ensure a successful pate at a similarly high level. (C) the management assistance programs outcome of the Prague Conference; delivered by resource partners on behalf of Whereas Congress supports further inclu- Mr. CARDIN. Mr. President, today I the Small Business Administration, such as sion of Holocaust survivors and their advo- am introducing a resolution to support small business development centers, wom- cates in the planning and proceedings of the the goals and objectives of the Prague en’s business centers, veterans business out- Prague Conference; Conference on Holocaust Era Assets. reach centers, and the Service Corps of Re- Whereas the United States strongly sup- The Prague Conference, which will be tired Executives, are provided with the Fed- ports the immediate return of, or just com- eral resources necessary to do their jobs; pensation for, property that was illegally held June 26 through June 30, will serve (D) reforms to the disaster loan program of confiscated by Nazi and Communist regimes; as a forum to review the achievements the Small Business Administration are im- Whereas many Holocaust survivors lack of the 1998 Washington Conference on plemented as quickly as possible; the means for even the most basic neces- Holocaust Era Assets. That meeting

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12887 brought together 44 nations, 13 non- Finally, when I was in the Czech Re- SA 1137. Mr. INOUYE proposed an amend- governmental organizations, scholars, public last year, I expressed my dis- ment to the bill H.R. 2346, supra. and Holocaust survivors, and helped appointment to Czech officials, includ- SA 1138. Mr. DEMINT submitted an amend- channel the political will necessary to ing to Jan Kohout who was just ap- ment intended to be proposed by him to the address looted art, insurance claims, bill H.R. 2346, supra; which was ordered to lie pointed Foreign Minister on May, that on the table. communal property, and archival the Czech framework for making a SA 1139. Mr. CORNYN proposed an amend- issues. The conference also examined property restitution claim effectively ment to the bill H.R. 2346, supra. the role of historical commissions and excludes those who fled Czechoslovakia SA 1140. Mr. BROWNBACK proposed an Holocaust education, remembrance, and received both refuge and citizen- amendment to the bill H.R. 2346, supra. and research. While the Washington ship in the U.S. The United Nations SA 1141. Ms. LANDRIEU (for herself, Mrs. Conference was enormously useful, Human Rights Committee has repeat- HUTCHISON, and Mr. HARKIN) submitted an more can and should be done in all of edly argued that this violates the non- amendment intended to be proposed by her these areas. Accordingly, the Prague to the bill H.R. 2346, supra; which was or- discrimination provision of the Inter- dered to lie on the table. Conference provides an important op- national Covenant on Civil and Polit- SA 1142. Mr. BAUCUS submitted an amend- portunity to identify specific addi- ical Rights. This could be fixed, I be- ment intended to be proposed by him to the tional steps that countries can still lieve, by re-opening the deadline for fil- bill H.R. 2346, supra; which was ordered to lie take. ing claims, as Czech parliamentarians on the table. I would like to highlight just a cou- Jiri Karas and Pavel Tollner rec- SA 1143. Mr. RISCH (for himself, Mr. COR- ple of examples that, in my view, un- ommended as long ago as 1999. NYN, and Mr. BOND) submitted an amend- derscore the need to get more done. The Holocaust left a scar that will ment intended to be proposed by him to the bill H.R. 2346, supra; which was ordered to lie First I would like to mention the not be removed by the Prague con- case of Martha Nierenberg’s looted on the table. ference. But this upcoming gathering SA 1144. Mr. CHAMBLISS (for himself, Mr. family artwork in Hungary. In a nut- provides an opportunity for govern- shell, Ms. Nierenberg’s family had ex- ISAKSON, and Mr. BURR) submitted an amend- ments to make tangible and meaning- ment intended to be proposed by him to the tensive property stolen by the Nazis, ful progress in addressing this painful bill H.R. 2346, supra; which was ordered to lie including some artwork. When the chapter of history. I commend the on the table. communists came along, they took ad- Czech Republic for taking on the lead- ditional Nierenberg family property, f ership of organizing this meeting and and the artwork found its way into the urge President Obama to send a high- TEXT OF AMENDMENTS museums of the Hungarian communist level U.S. official to represent the U.S. Mr. DODD proposed an regime. SA 1130. Under the terms of a foreign claims at the conference. amendment to amendment SA 1058 pro- settlement agreement between the I am honored that the senior Senator posed by Mr. DODD (for himself and Mr. United States and Hungary, the from Indiana, who is the Ranking SHELBY) to the bill H.R. 627, to amend Nierenberg family received limited Member of the Senate Foreign Rela- the Truth in Lending Act to establish compensation for some, but not all, of tions Committee, is cosponsoring this fair and transparent practices relating the stolen property. That agreement resolution, as is the senior Senator to the extension of credit under an provided that the Nierenberg family from Florida. open end consumer credit plan, and for was free to seek compensation for or f other purposes; as follows: restitution of other stolen property. AMENDMENTS SUBMITTED AND On page 3, beginning on line 17, strike ‘‘(other than’’ and all that follows through In 1997, a Hungarian government PROPOSED committee affirmed that two Hun- ‘‘indexed)’’ on line 21 and insert the fol- garian government museums possessed SA 1130. Mr. DODD proposed an amend- lowing: ‘‘(except in the case of an increase described in paragraph (1), (2), or (3) of sec- artwork belonging to the Nierenberg ment to amendment SA 1058 proposed by Mr. DODD (for himself and Mr. SHELBY) to the bill tion 171(b))’’. family. Unfortunately, to this day, it H.R. 627, to amend the Truth in Lending Act On page 6, strike lines 9 through 12 and in- remains in these museums. As I have to establish fair and transparent practices sert the following: asked before, why would the Hungarian relating to the extension of credit under an (2) an increase in a variable annual per- government insist on retaining custody open end consumer credit plan, and for other centage rate in accordance with a credit card of artwork stolen by the Nazis when it purposes. agreement that provides for changes in the could return it to its rightful owner? It SA 1131. Mr. INOUYE (for himself and Mr. rate according to operation of an index that is entirely within the Hungarian gov- COCHRAN) proposed an amendment to the bill is not under the control of the creditor and ernment’s capacity to make this ges- H.R. 2346, making supplemental appropria- is available to the general public; On page 6, line 13, insert ‘‘the completion ture, and I still hope that they will do tions for the fiscal year ending September 30, 2009, and for other purposes. of a workout or temporary hardship arrange- so—especially bearing in mind Hun- SA 1132. Mr. INHOFE (for himself, Mr. ment by the obligor or’’ after ‘‘due to’’. gary’s own efforts to recover looted art BARRASSO, Mr. BROWNBACK, Mr. DEMINT, Mr. On page 6, line 15, strike ‘‘provided that from other countries. JOHANNS, Mr. ROBERTS, Mr. THUNE, Mr. VIT- the’’ and insert the following: ‘‘provided Second, I deeply regret that the ques- TER, Mr. SESSIONS, Mr. COBURN, Mrs. that— tion of private property compensation HUTCHISON, Mr. BENNETT, Mr. HATCH, and Mr. ‘‘(A) the’’. in Poland is still a necessary topic of ENZI) submitted an amendment intended to On page 6, line 20, strike ‘‘; or’’ and insert discussion. Poland is singular in that it be proposed by him to the bill H.R. 2346, the following: ‘‘; and is the only country in central Europe supra; which was ordered to lie on the table. (B) the creditor has provided the obligor, that has not adopted any general pri- SA 1133. Mr. INOUYE (for himself, Mr. prior to the commencement of such arrange- INHOFE, Mr. SHELBY, Mr. BROWNBACK, Mr. ment, with clear and conspicuous disclosure vate property compensation or restitu- ENZI, and Mr. ROBERTS) proposed an amend- of the terms of the arrangement (including tion law. ment to the bill H.R. 2346, supra. any increases due to such completion or fail- I know a draft private property com- SA 1134. Mr. SHELBY (for himself and Mr. ure); or pensation bill is currently being con- ALEXANDER) submitted an amendment in- On page 7, line 7, insert ‘‘on time’’ after sidered by the Polish Government. I tended to be proposed by him to the bill H.R. ‘‘payments’’. also know that, in the 20 years since 2346, supra; which was ordered to lie on the On page 7, line 12, insert ‘‘on time’’ after the fall of communism, Poland has ta- table. ‘‘payments’’. bled roughly half a dozen bills on this— SA 1135. Mr. SHELBY (for himself, Mr. On page 10, line 13, strike ‘‘or (2)’’ and in- all of which have failed. It would be ALEXANDER, Mr. GREGG, Mr. BENNETT, Mrs. sert ‘‘, (2), (3), or (4)’’. HUTCHISON, and Mr. VITTER) submitted an On page 12, line 15, strike ‘‘limit-fee’’ and great to see meaningful movement on amendment intended to be proposed by him insert ‘‘limit fee’’. this before the meeting in Prague, but to the bill H.R. 2346, supra; which was or- On page 14, between lines 12 and 13, insert this will not come about without dered to lie on the table. the following: meaningful leadership from both the SA 1136. Mr. MCCONNELL proposed an (7) RESTRICTION ON FEES CHARGED FOR AN government and the parliament. amendment to the bill H.R. 2346, supra. OVER-THE-LIMIT TRANSACTION.—With respect

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12888 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 to a credit card account under an open end broadcast by television or radio, the disclo- issued by a credit card issuer under an open consumer credit plan, an over-the-limit fee sure required under paragraph (1) shall con- end consumer credit plan in conjunction may be imposed only once during a billing sist only of the following: ‘This is not the with an agreement between the issuer and an cycle if the credit limit on the account is ex- free credit report provided for by federal institution of higher education, or an alumni ceeded, and an over-the-limit fee, with re- law.’ ’’. organization or foundation affiliated with or spect to such excess credit, may be imposed (b) RULEMAKING.— related to such institution, under which such only once in each of the 2 subsequent billing (1) IN GENERAL.—Not later than 9 months cards are issued to college students who have cycles, unless the consumer has obtained an after the date of enactment of this Act, the an affinity with such institution, organiza- additional extension of credit in excess of Federal Trade Commission shall issue a final tion and— such credit limit during any such subsequent rule to carry out this section. ‘‘(i) the creditor has agreed to donate a cycle or the consumer reduces the out- (2) CONTENT.—The rule required by this portion of the proceeds of the credit card to standing balance below the credit limit as of subsection— the institution, organization, or foundation the end of such billing cycle. (A) shall include specific wording to be (including a lump sum or 1-time payment of On page 15, line 10, strike ‘‘over the limit’’ used in advertisements in accordance with money for access); and insert ‘‘over-the-limit’’. this section; and ‘‘(ii) the creditor has agreed to offer dis- On page 27, strike line 3 and all that fol- (B) for advertisements on the Internet, counted terms to the consumer; or lows through page 30, line 12 and insert the shall include whether the disclosure required ‘‘(iii) the credit card bears the name, em- following: under section 612(g)(1) of the Fair Credit Re- blem, mascot, or logo of such institution, or- (c) GUIDELINES REQUIRED.— porting Act (as added by this section) shall ganization, or foundation, or other words, (1) IN GENERAL.—Not later than 6 months appear on the advertisement or the website pictures, or symbols readily identified with after the date of enactment of this Act, the on which the free credit report is made avail- such institution, organization, or founda- Board shall issue guidelines, by rule, in con- able. tion. sultation with the Secretary of the Treas- (3) INTERIM DISCLOSURES.—If an advertise- ‘‘(B) COLLEGE STUDENT CREDIT CARD AC- ury, for the establishment and maintenance ment subject to section 612(g) of the Fair COUNT.—The term ‘college student credit by creditors of a toll-free telephone number Credit Reporting Act, as added by this sec- card account’ means a credit card account for purposes of providing information about tion, is made public after the 9-month dead- under an open end consumer credit plan es- accessing credit counseling and debt man- line specified in paragraph (1), but before the tablished or maintained for or on behalf of agement services, as required under section rule required by paragraph (1) is finalized, any college student. 127(b)(11)(B)(iv) of the Truth in Lending Act, such advertisement shall include the disclo- ‘‘(C) COLLEGE STUDENT.—The term ‘college sure: ‘‘Free credit reports are available as added by this section. student’ means an individual who is a full- under Federal law at: time or a part-time student attending an in- (2) APPROVED AGENCIES.—Guidelines issued ‘AnnualCreditReport.com’.’’. stitution of higher education. under this subsection shall ensure that refer- At the end of title III, add the following: rals provided by the toll-free number re- ‘‘(D) INSTITUTION OF HIGHER EDUCATION.— SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE The term ‘institution of higher education’ ferred to in paragraph (1) include only those STUDENTS. nonprofit budget and credit counseling agen- has the same meaning as in section 101 and Section 140 of the Truth in Lending Act (15 102 of the Higher Education Act of 1965 (20 cies approved by a United States bankruptcy U.S.C. 1650) is amended by adding at the end U.S.C. 1001 and 1002). trustee pursuant to section 111(a) of title 11, the following: ‘‘(2) REPORTS BY CREDITORS.— United States Code. ‘‘(f) CREDIT CARD PROTECTIONS FOR COL- ‘‘(A) IN GENERAL.—Each creditor shall sub- At the end of title I, add the following: LEGE STUDENTS.— mit an annual report to the Board con- SEC. 109. CONSIDERATION OF ABILITY TO REPAY. ‘‘(1) DISCLOSURE REQUIRED.—An institution taining the terms and conditions of all busi- (a) IN GENERAL.—Chapter 3 of the Truth in of higher education shall publicly disclose ness, marketing, and promotional agree- Lending Act (15 U.S.C. 1666 et seq.), as any contract or other agreement made with ments and college affinity card agreements amended by this title, is amended by adding a card issuer or creditor for the purpose of with an institution of higher education, or at the end the following: marketing a credit card. an alumni organization or foundation affili- ‘‘SEC. 150. CONSIDERATION OF ABILITY TO ‘‘(2) INDUCEMENTS PROHIBITED.—No card ated with or related to such institution, with REPAY. issuer or creditor may offer to a student at respect to any college student credit card ‘‘A card issuer may not open any credit an institution of higher education any tan- issued to a college student at such institu- card account for any consumer under an gible item to induce such student to apply tion. open end consumer credit plan, or increase for or participate in an open end consumer ‘‘(B) DETAILS OF REPORT.—The information any credit limit applicable to such account, credit plan offered by such card issuer or required to be reported under subparagraph unless the card issuer considers the ability of creditor, if such offer is made— (A) includes— the consumer to make the required pay- ‘‘(A) on the campus of an institution of ‘‘(i) any memorandum of understanding be- ments under the terms of such account.’’. higher education; tween or among a creditor, an institution of (b) CLERICAL AMENDMENT.—Chapter 3 of ‘‘(B) near the campus of an institution of higher education, an alumni association, or the Truth in Lending Act (15 U.S.C. 1661 et higher education, as determined by rule of foundation that directly or indirectly relates seq.) is amended in the table of sections for the Board; or to any aspect of any agreement referred to in the chapter, by adding at the end the fol- ‘‘(C) at an event sponsored by or related to such subparagraph or controls or directs any lowing: an institution of higher education. obligations or distribution of benefits be- ‘‘(3) SENSE OF THE CONGRESS.—It is the ‘‘150. Consideration of ability to repay.’’. tween or among any such entities; sense of the Congress that each institution ‘‘(ii) the amount of any payments from the At the end of title II, add the following: of higher education should consider adopting creditor to the institution, organization, or SEC. 205. PREVENTION OF DECEPTIVE MAR- the following policies relating to credit foundation during the period covered by the KETING OF CREDIT REPORTS. cards: report, and the precise terms of any agree- (a) PREVENTING DECEPTIVE MARKETING.— ‘‘(A) That any card issuer that markets a ment under which such amounts are deter- Section 612 of the Fair Credit Reporting Act credit card on the campus of such institution mined; and (15 U.S.C. 1681j) is amended by adding at the notify the institution of the location at ‘‘(iii) the number of credit card accounts end the following: which such marketing will take place. covered by any such agreement that were ‘‘(g) PREVENTION OF DECEPTIVE MARKETING ‘‘(B) That the number of locations on the opened during the period covered by the re- OF CREDIT REPORTS.— campus of such institution at which the mar- port, and the total number of credit card ac- ‘‘(1) IN GENERAL.—Subject to rulemaking keting of credit cards takes place be limited. counts covered by the agreement that were pursuant to section 205(b) of the Credit ‘‘(C) That credit card and debt education outstanding at the end of such period. CARD Act of 2009, any advertisement for a and counseling sessions be offered as a reg- ‘‘(C) AGGREGATION BY INSTITUTION.—The in- free credit report in any medium shall ular part of any orientation program for new formation required to be reported under sub- prominently disclose in such advertisement students of such institution.’’. paragraph (A) shall be aggregated with re- that free credit reports are available under SEC. 305. COLLEGE CREDIT CARD AGREEMENTS. spect to each institution of higher education Federal law at: ‘AnnualCreditReport.com’ (a) IN GENERAL.—Section 127 of the Truth or alumni organization or foundation affili- (or such other source as may be authorized in Lending Act (15 U.S.C. 1637), as otherwise ated with or related to such institution. under Federal law). amended by this Act, is amended by adding ‘‘(D) INITIAL REPORT.—The initial report re- ‘‘(2) TELEVISION AND RADIO ADVERTISE- at the end the following: quired under subparagraph (A) shall be sub- MENT.—In the case of an advertisement ‘‘(r) COLLEGE CARD AGREEMENTS.— mitted to the Board before the end of the 9- broadcast by television, the disclosures re- ‘‘(1) DEFINITIONS.—For purposes of this sub- month period beginning on the date of enact- quired under paragraph (1) shall be included section, the following definitions shall apply: ment of this subsection. in the audio and visual part of such adver- ‘‘(A) COLLEGE AFFINITY CARD.—The term ‘‘(3) REPORTS BY BOARD.—The Board shall tisement. In the case of an advertisement ‘college affinity card’ means a credit card submit to the Congress, and make available

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12889 to the public, an annual report that lists the (D) credit card product innovation. SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT information concerning credit card agree- (b) SOLICITATION OF PUBLIC COMMENT.—In OF ESTATES OF DECEDENT OBLI- ments submitted to the Board under para- connection with conducting the review re- GORS. graph (2) by each institution of higher edu- quired by subsection (a), the Board shall so- (a) IN GENERAL.—Chapter 2 of the Truth in cation, alumni organization, or foundation.’’. licit comment from consumers, credit card Lending Act ( U.S.C. 1631 et seq.) is amended by adding at the end the following new sec- (b) STUDY AND REPORT BY THE COMP- issuers, and other interested parties, such as tion: TROLLER GENERAL.— through hearings or written comments. (1) STUDY.—The Comptroller General of the (c) REGULATIONS.— ‘‘§ 140A Procedure for timely settlement of es- United States shall, from time to time, re- (1) NOTICE.—Following the review required tates of decedent obligors view the reports submitted by creditors by subsection (a), the Board shall publish a ‘‘The Board, in consultation with the Fed- under section 127(r) of the Truth in Lending notice in the Federal Register that— eral Trade Commission and each other agen- Act, as added by this section, and the mar- (A) summarizes the review, the comments cy referred to in section 108(a), shall pre- keting practices of creditors to determine received from the public solicitation, and scribe regulations to require any creditor, the impact that college affinity card agree- other evidence gathered by the Board, such with respect to any credit card account ments and college student card agreements as through consumer testing or other re- under an open end consumer credit plan, to have on credit card debt. search; and establish procedures to ensure that any ad- (2) REPORT.—Upon completion of any study (B) either— ministrator of an estate of any deceased obli- under paragraph (1), the Comptroller General (i) proposes new or revised regulations or gor with respect to such account can resolve shall periodically submit a report to the interpretations to update or revise disclo- outstanding credit balances in a timely man- Congress on the findings and conclusions of sures and protections for consumer credit ner.’’. (b) CLERICAL AMENDMENT.—The table of the study, together with such recommenda- cards, as appropriate; or sections for chapter 2 of the Truth in Lend- tions for administrative or legislative action (ii) states the reason for the determination ing Act is amended by inserting after the of the Board that new or revised regulations as the Comptroller General determines to be item relating to section 140 the following are not necessary. appropriate. new item: On page 40, line 6, strike ‘‘or’’ at the end. (2) REVISION OF REVIEW PERIOD FOLLOWING ‘‘140A. Procedure for timely settlement of es- On page 40, line 8, strike the period and in- MATERIAL REVISION OF REGULATIONS.—In the tates of decedent obligors’.’’. event that the Board materially revises reg- sert the following: ‘‘; or SEC. 505. REPORT TO CONGRESS ON REDUC- (vi) redeemable solely for admission to ulations on consumer credit card plans, a re- TIONS OF CONSUMER CREDIT CARD events or venues at a particular location or view need not be conducted until 2 years LIMITS BASED ON CERTAIN INFOR- group of affiliated locations, which may also after the effective date of the revised regula- MATION AS TO EXPERIENCE OR include services or goods obtainable— tions, which thereafter shall be treated as TRANSACTIONS OF THE CONSUMER. (I) at the event or venue after admission; the new date for the biennial review required (a) REPORT ON CREDITOR PRACTICES RE- or by subsection (a). QUIRED.—Before the end of the 1-year period (II) in conjunction with admission to such (d) BOARD REPORT TO THE CONGRESS.—The beginning on the date of enactment of this events or venues, at specific locations affili- Board shall report to Congress not less fre- Act, the Board, in consultation with the ated with and in geographic proximity to the quently than every 2 years, except as pro- Comptroller of the Currency, the Director of event or venue. vided in subsection (c)(2), on the status of its the Office of Thrift Supervision, the Federal On page 42, line 5, insert ‘‘or vendor’’ after most recent review, its efforts to address any Deposit Insurance Corporation, the National ‘‘issuer’’. issues identified from the review, and any Credit Union Administration Board, and the On page 43, strike lines 9 through 11 and in- recommendations for legislation. Federal Trade Commission, shall submit a sert the following: (e) ADDITIONAL REPORTING.—The Federal report to the Committee on Financial Serv- (B) the terms of expiration are clearly and banking agencies (as that term is defined in ices of the House of Representatives and the conspicuously stated. section 3 of the Federal Deposit Insurance Committee on Banking, Housing, and Urban On page 43, line 13, strike ‘‘shall prescribe’’ Act) and the Federal Trade Commission shall Affairs of the Senate on the extent to which, during the 3-year period ending on such date and insert the following: ‘‘shall— provide annually to the Board, and the Board of enactment, creditors have reduced credit ‘‘(A) prescribe’’. shall include in its annual report to Congress limits or raised interest rates applicable to On page 43, line 19, strike ‘‘of gift’’ and in- under section 10 of the Federal Reserve Act, credit card accounts under open end con- sert ‘‘of a gift’’. information about the supervisory and en- sumer credit plans based on— On page 43, beginning on line 21, strike forcement activities of the agencies with re- (1) the geographic location where a credit ‘‘assessed.’’ and insert the following: ‘‘as- spect to compliance by credit card issuers transaction with the consumer took place, or sessed; and with applicable Federal consumer protection the identity of the merchant involved in the ‘‘(B) shall determine the extent to which statutes and regulations, including— transaction; the individual definitions and provisions of (1) this Act, the amendments made by this (2) the credit transactions of the consumer, the Electronic Fund Transfer Act or Regula- Act, and regulations prescribed under this including the type of credit transaction, the tion E should apply to general-use prepaid Act and such amendments; and type of items purchased in such transaction, cards, gift certificates, and store gift cards.’’. (2) section 5 of the Federal Trade Commis- the price of items purchased in such trans- On page 46, strike line 16 and all that fol- sion Act, and regulations prescribed under action, any change in the type or price of lows through page 48, line 6, and insert the the Federal Trade Commission Act, includ- items purchased in such transactions, and following: ing part 227 of title 12 of the Code of Federal other data pertaining to the use of such cred- Regulations, as prescribed by the Board (re- SEC. 502. BOARD REVIEW OF CONSUMER CREDIT it card account by the consumer; and ferred to as ‘‘Regulation AA’’). PLANS AND REGULATIONS. (3) the identity of the mortgage creditor At the end of title V, add the following: (a) REQUIRED REVIEW.—Not later than 2 which extended or holds the mortgage loan years after the effective date of this Act and SEC. 503. STORED VALUE. secured by the primary residence of the con- every 2 years thereafter, except as provided (a) IN GENERAL.—Not later than 270 days sumer. in subsection (c)(2), the Board shall conduct after the date of enactment of this Act, the (b) OTHER INFORMATION.—The report re- a review, within the limits of its existing re- Secretary of the Treasury, in consultation quired under subsection (a) shall also in- sources available for reporting purposes, of with the Secretary of Homeland Security, clude— the consumer credit card market, includ- shall issue regulations in final form imple- (1) the number of creditors that have en- ing— menting the Bank Secrecy Act, regarding gaged in the practices described in sub- (1) the terms of credit card agreements and the sale, issuance, redemption, or inter- section (a); the practices of credit card issuers; national transport of stored value, including (2) the extent to which the practices de- (2) the effectiveness of disclosure of terms, stored value cards. scribed in subsection (a) have an adverse im- fees, and other expenses of credit card plans; (b) CONSIDERATION OF INTERNATIONAL pact on minority or low-income consumers; (3) the adequacy of protections against un- TRANSPORT.—Regulations under this section (3) any other relevant information regard- fair or deceptive acts or practices relating to regarding international transport of stored ing such practices; and credit card plans; and value may include reporting requirements (4) recommendations to the Congress on (4) whether or not, and to what extent, the pursuant to section 5316 of title 31, United any regulatory or statutory changes that implementation of this Act and the amend- States Code. may be needed to restrict or prevent such ments made by this Act has affected— (c) EMERGING METHODS FOR TRANSMITTAL practices. (A) cost and availability of credit, particu- AND STORAGE IN ELECTRONIC FORM.—Regula- SEC. 506. BOARD REVIEW OF SMALL BUSINESS larly with respect to non-prime borrowers; tions under this section shall take into con- CREDIT PLANS AND RECOMMENDA- (B) the safety and soundness of credit card sideration current and future needs and TIONS. issuers; methodologies for transmitting and storing (a) REQUIRED REVIEW.—Not later than 9 (C) the use of risk-based pricing; or value in electronic form. months after the date of enactment of this

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12890 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 Act, the Board shall conduct a review of the (5) make recommendations on how the Ad- (I) the additional members shall include, use of credit cards by businesses with not ministrator may inform and educate with re- for each of the groups specified in paragraph more than 50 employees (in this section re- spect to— (3), at least 1 member appointed from within ferred to as ‘‘small businesses’’) and the (A) the needs identified under paragraph that group; and credit card market for small businesses, in- (1)(A); (II) the number of additional members cluding— (B) new programs and services that the shall not exceed 13. (1) the terms of credit card agreements for task force recommends under paragraph (3) GROUPS REPRESENTED.—The groups small businesses and the practices of credit (3)(B); and specified in this paragraph are— card issuers relating to small businesses; (C) programs and services identified under (A) subject matter experts; (2) the adequacy of disclosures of terms, paragraph (1)(B); (B) users of information technologies with- fees, and other expenses of credit card plans (6) make recommendations on how the Ad- in small business concerns; for small businesses; ministrator may more effectively work with (C) vendors of information technologies to (3) the adequacy of protections against un- public and private interests to address the small business concerns; fair or deceptive acts or practices relating to information technology security needs of (D) academics with expertise in the use of credit card plans for small businesses; small business concerns; and information technologies to support busi- (4) the cost and availability of credit for (7) make recommendations on the creation ness; small businesses, particularly with respect of a permanent advisory board that would (E) small business trade associations; to non-prime borrowers; make recommendations to the Adminis- (F) Federal, State, or local agencies, in- (5) the use of risk-based pricing for small trator on how to address the information cluding the Department of Homeland Secu- businesses; technology security needs of small business rity, engaged in securing cyberspace; and (6) credit card product innovation relating concerns. (G) information technology training pro- to small businesses; and (d) INTERNET WEBSITE RECOMMENDATIONS.— viders with expertise in the use of informa- (7) the extent to which small business own- The task force shall make recommendations tion technologies to support business. ers use personal credit cards to fund their to the Administrator relating to the estab- (4) POLITICAL AFFILIATION.—The appoint- business operations. lishment of an Internet website to be used by ments under this subsection shall be made (b) RECOMMENDATIONS.—Following the re- the Administration to receive and dispense without regard to political affiliation. view required by subsection (a), the Board information and resources with respect to (i) MEETINGS.— shall, not later than 12 months after the date the needs identified under subsection (1) FREQUENCY.—The task force shall meet of enactment of this Act— at least 2 times per year, and more fre- (c)(1)(A) and the programs and services iden- (1) provide a report to Congress that sum- quently if necessary to perform its duties. tified under subsection (c)(1)(B). As part of marizes the review and other evidence gath- (2) QUORUM.—A majority of the members of the recommendations, the task force shall ered by the Board, such as through consumer the task force shall constitute a quorum. identify the Internet sites of appropriate testing or other research, and (3) LOCATION.—The Administrator shall programs, services, and organizations, both (2) make recommendations for administra- designate, and make available to the task public and private, to which the Internet tive or legislative initiatives to provide pro- force, a location at a facility under the con- website should link. tections for credit card plans for small busi- trol of the Administrator for use by the task (e) EDUCATION PROGRAMS.—The task force nesses, as appropriate. force for its meetings. shall make recommendations to the Admin- (4) MINUTES.— SEC. 507. SMALL BUSINESS INFORMATION SECU- istrator relating to developing additional RITY TASK FORCE. (A) IN GENERAL.—Not later than 30 days education materials and programs with re- (a) DEFINITIONS.—In this section— after the date of each meeting, the task force (1) the terms ‘‘Administration’’ and ‘‘Ad- spect to the needs identified under sub- shall publish the minutes of the meeting in ministrator’’ mean the Small Business Ad- section (c)(1)(A). the Federal Register and shall submit to the ministration and the Administrator thereof, (f) EXISTING MATERIALS.—The task force Administrator any findings or recommenda- respectively; shall organize and distribute existing mate- tions approved at the meeting. rials that inform and educate with respect to (2) the term ‘‘small business concern’’ has (B) SUBMISSION TO CONGRESS.—Not later the same meaning as in section 3 of the the needs identified under subsection than 60 days after the date that the Adminis- Small Business Act (15 U.S.C. 632); and (c)(1)(A) and the programs and services iden- trator receives minutes under subparagraph (3) the term ‘‘task force’’ means the task tified under subsection (c)(1)(B). (A), the Administrator shall submit to the force established under subsection (b). (g) COORDINATION WITH PUBLIC AND PRIVATE Committee on Small Business and Entrepre- (b) ESTABLISHMENT.—The Administrator SECTOR.—In carrying out its responsibilities neurship of the Senate and the Committee shall, in conjunction with the Secretary of under this section, the task force shall co- on Small Business of the House of Represent- Homeland Security, establish a task force, to ordinate with, and may accept materials and atives such minutes, together with any com- be known as the ‘‘Small Business Informa- assistance as it determines appropriate from, ments the Administrator considers appro- tion Security Task Force’’, to address the in- public and private entities, including— priate. formation technology security needs of (1) any subordinate officer of the Adminis- (5) FINDINGS.— small business concerns and to help small trator; (A) IN GENERAL.—Not later than the date business concerns prevent the loss of credit (2) any organization authorized by the on which the task force terminates under card data. Small Business Act to provide assistance and subsection (m), the task force shall submit (c) DUTIES.—The task force shall— advice to small business concerns; to the Administrator a final report on any (1) identify— (3) other Federal agencies, their officers, or findings and recommendations of the task (A) the information technology security employees; and force approved at a meeting of the task needs of small business concerns; and (4) any other organization, entity, or per- force. (B) the programs and services provided by son not described in paragraph (1), (2), or (3). (B) SUBMISSION TO CONGRESS.—Not later the Federal Government, State Govern- (h) APPOINTMENT OF MEMBERS.— than 90 days after the date on which the Ad- ments, and nongovernment organizations (1) CHAIRPERSON AND VICE-CHAIRPERSON.— ministrator receives the report under sub- that serve those needs; The task force shall have— paragraph (A), the Administrator shall sub- (2) assess the extent to which the programs (A) a Chairperson, appointed by the Ad- mit to the Committee on Small Business and and services identified under paragraph ministrator; and Entrepreneurship of the Senate and the Com- (1)(B) serve the needs identified under para- (B) a Vice-Chairperson, appointed by the mittee on Small Business of the House of graph (1)(A); Administrator, in consultation with appro- Representatives the full text of the report (3) make recommendations to the Adminis- priate nongovernmental organizations, enti- submitted under subparagraph (A), together trator on how to more effectively serve the ties, or persons. with any comments the Administrator con- needs identified under paragraph (1)(A) (2) MEMBERS.— siders appropriate. through— (A) CHAIRPERSON AND VICE-CHAIRPERSON.— (j) PERSONNEL MATTERS.— (A) programs and services identified under The Chairperson and the Vice-Chairperson (1) COMPENSATION OF MEMBERS.—Each paragraph (1)(B); and shall serve as members of the task force. member of the task force shall serve without (B) new programs and services promoted by (B) ADDITIONAL MEMBERS.— pay for their service on the task force. the task force; (i) IN GENERAL.—The task force shall have (2) TRAVEL EXPENSES.—Each member of the (4) make recommendations on how the Ad- additional members, each of whom shall be task force shall receive travel expenses, in- ministrator may promote— appointed by the Chairperson, with the ap- cluding per diem in lieu of subsistence, in ac- (A) new programs and services that the proval of the Administrator. cordance with applicable provisions under task force recommends under paragraph (ii) NUMBER OF MEMBERS.—The number of subchapter I of chapter 57 of title 5, United (3)(B); and additional members shall be determined by States Code. (B) programs and services identified under the Chairperson, in consultation with the (3) DETAIL OF SBA EMPLOYEES.—The Admin- paragraph (1)(B); Administrator, except that— istrator may detail, without reimbursement,

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any of the personnel of the Administration the terms, conditions, marketing, and value (c) EFFECTIVE DATE.—Notwithstanding sec- to the task force to assist it in carrying out to consumers of products marketed in con- tion 3, this section shall become effective on the duties of the task force. Such a detail junction with credit card offers, including— the date of enactment of this Act. shall be without interruption or loss of civil (1) debt suspension agreements; SEC. 511. FEDERAL TRADE COMMISSION RULE- status or privilege. (2) debt cancellation agreements; and MAKING ON MORTGAGE LENDING. (4) SBA SUPPORT OF THE TASK FORCE.—Upon (3) credit insurance products. (a) IN GENERAL.—Section 626 of division D the request of the task force, the Adminis- (b) AREAS OF CONCERN.—The study con- of the Omnibus Appropriations Act, 2009 trator shall provide to the task force the ad- ducted under this section shall evaluate— (Public Law 111–8) is amended— ministrative support services that the Ad- (1) the suitability of the offer of products (1) in subsection (a)— ministrator and the Chairperson jointly de- described in subsection (a) for target cus- (A) by striking ‘‘Within’’ and inserting ‘‘(1) termine to be necessary for the task force to tomers; Within’’; carry out its duties. (2) the predatory nature of such offers; and (B) in paragraph (1), as designated by sub- (k) NOT SUBJECT TO FEDERAL ADVISORY (3) specifically for debt cancellation or sus- paragraph (A), by inserting after the first COMMITTEE ACT.—The Federal Advisory pension agreements and credit insurance sentence the following: ‘‘Such rulemaking Committee Act (5 U.S.C. App.) shall not products, loss rates compared to more tradi- shall relate to unfair or deceptive acts or apply to the task force. tional insurance products. practices regarding mortgage loans, which (l) STARTUP DEADLINES.—The initial ap- (c) REPORT TO CONGRESS.—The Comptroller may include unfair or deceptive acts or prac- pointment of the members of the task force shall submit a report to Congress on the re- tices involving loan modification and fore- shall be completed not later than 90 days sults of the study required by this section closure rescue services.’’; and after the date of enactment of this Act, and not later than December 31, 2010. (C) by adding at the end the following: the first meeting of the task force shall be SEC. 510. FINANCIAL AND ECONOMIC LITERACY. ‘‘(2) Paragraph (1) shall not be construed to not later than 180 days after the date of en- (a) REPORT ON FEDERAL FINANCIAL AND authorize the Federal Trade Commission to actment of this Act. ECONOMIC LITERACY EDUCATION PROGRAMS.— promulgate a rule with respect to an entity (m) TERMINATION.— (1) IN GENERAL.—Not later than 9 months that is not subject to enforcement of the (1) IN GENERAL.—Except as provided in after the date of enactment of this Act, the Federal Trade Commission Act (15 U.S.C. 41 paragraph (2), the task force shall terminate Secretary of Education and the Director of et seq.) by the Commission. at the end of fiscal year 2013. the Office of Financial Education of the De- ‘‘(3) Before issuing a final rule pursuant to (2) EXCEPTION.—If, as of the termination partment of the Treasury shall coordinate the proceeding initiated under paragraph (1), date under paragraph (1), the task force has with the President’s Advisory Council on Fi- the Federal Trade Commission shall consult not complied with subsection (i)(4) with re- nancial Literacy— with the Federal Reserve Board concerning (A) to evaluate and compile a comprehen- spect to 1 or more meetings, then the task any portion of the proposed rule applicable sive summary of all existing Federal finan- force shall continue after the termination to acts or practices to which the provisions cial and economic literacy education pro- date for the sole purpose of achieving com- of the Truth in Lending Act (15 U.S.C. 1601 et grams, as of the time of the report; and pliance with subsection (i)(4) with respect to seq.) may apply. (B) to prepare and submit a report to Con- those meetings. ‘‘(4) The Federal Trade Commission shall gress on the findings of the evaluations. (n) AUTHORIZATION OF APPROPRIATIONS.— enforce the rules issued under paragraph (1) (2) CONTENTS.—The report required by this There is authorized to be appropriated to in the same manner, by the same means, and subsection shall address, at a minimum— carry out this section $300,000 for each of fis- with the same jurisdiction, powers, and du- (A) the 2008 recommendations of the Presi- cal years 2010 through 2013. ties as though all applicable terms and provi- SEC. 508. STUDY AND REPORT ON EMERGENCY dent’s Advisory Council on Financial Lit- eracy; sions of the Federal Trade Commission Act PIN TECHNOLOGY. (15 U.S.C. 41 et seq.) were incorporated into (a) IN GENERAL.—The Federal Trade Com- (B) existing Federal financial and eco- and made part of this section.’’; and mission, in consultation with the Attorney nomic literacy education programs for (2) in subsection (b)— General of the United States and the United grades kindergarten through grade 12, and (A) by striking so much as precedes para- States Secret Service, shall conduct a study annual funding to support these programs; (C) existing Federal postsecondary finan- graph (2) and inserting the following: on the cost-effectiveness of making available ‘‘(b)(1) Except as provided in paragraph (6), cial and economic literacy education pro- at automated teller machines technology in any case in which the attorney general of grams and annual funding to support these that enables a consumer that is under duress a State has reason to believe that an interest programs; to electronically alert a local law enforce- of the residents of that State has been or is (D) the current financial and economic lit- ment agency that an incident is taking place threatened or adversely affected by the en- eracy education needs of adults, and in par- at such automated teller machine, includ- gagement of any person subject to a rule pre- ticular, low- and moderate-income adults; ing— scribed under subsection (a) in a practice (E) ways to incorporate and disseminate (1) an emergency personal identification that violates such rule, the State, as parens best practices and high quality curricula in number that would summon a local law en- patriae, may bring a civil action on behalf of financial and economic literacy education; forcement officer to an automated teller ma- the residents of the State in an appropriate and chine when entered into such automated district court of the United States or other (F) specific recommendations on sources of teller machine; and court of competent jurisdiction— revenue to support financial and economic (2) a mechanism on the exterior of an auto- ‘‘(A) to enjoin that practice; literacy education activities with a specific mated teller machine that, when pressed, ‘‘(B) to enforce compliance with the rule; analysis of the potential use of credit card would summon a local law enforcement to ‘‘(C) to obtain damages, restitution, or such automated teller machine. transaction fees. (b) STRATEGIC PLAN.— other compensation on behalf of residents of (b) CONTENTS OF STUDY.—The study re- the State; or quired under subsection (a) shall include— (1) IN GENERAL.—The Secretary of Edu- cation and the Director of the Office of Fi- ‘‘(D) to obtain penalties and relief provided (1) an analysis of any technology described by the Federal Trade Commission Act and in subsection (a) that is currently available nancial Education of the Department of the Treasury shall coordinate with the Presi- such other relief as the court considers ap- or under development; propriate.’’; and (2) an estimate of the number and severity dent’s Advisory Council on Financial Lit- eracy to develop a strategic plan to improve (B) in paragraphs (2), (3), and (6), by strik- of any crimes that could be prevented by the ing ‘‘Commission’’ each place it appears and availability of such technology; and expand financial and economic literacy education. inserting ‘‘primary Federal regulator’’. (3) the estimated costs of implementing (b) EFFECTIVE DATE.—The amendments (2) CONTENTS.—The plan developed under such technology; and made by subsection (a) shall take effect on this subsection shall— (4) a comparison of the costs and benefits March 12, 2009. of not fewer than 3 types of such technology. (A) incorporate findings from the report (c) REPORT.—Not later than 9 months after and evaluations of existing Federal financial SA 1131. Mr. INOUYE (for himself and economic literacy education programs the date of enactment of this Act, the Fed- and Mr. COCHRAN) proposed an amend- eral Trade Commission shall submit to Con- under subsection (a); and (B) include proposals to improve, expand, ment to the bill H.R. 2346, making sup- gress a report on the findings of the study re- plemental appropriations for the fiscal quired under this section that includes such and support financial and economic literacy recommendations for legislative action as education based on the findings of the report year ending September 30, 2009, and for the Commission determines appropriate. and evaluations. other purposes; as follows: SEC. 509. STUDY AND REPORT ON THE MAR- (3) PRESENTATION TO CONGRESS.—The plan Strike all after the enacting clause and in- KETING OF PRODUCTS WITH CREDIT developed under this subsection shall be pre- sert the following: OFFERS. sented to Congress not later than 6 months That the following sums are appropriated, (a) STUDY.—The Comptroller General of after the date on which the report under sub- out of any money in the Treasury not other- the United States shall conduct a study on section (a) is submitted to Congress. wise appropriated, for the fiscal year ending

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September 30, 2009, and for other purposes, necessary to meet emergency needs pursuant FEDERAL PRISON SYSTEM namely: to sections 403(a) and 423(b) of S. Con. Res. 13 SALARIES AND EXPENSES TITLE I (111th Congress), the concurrent resolution For an additional amount for ‘‘Salaries DEPARTMENT OF AGRICULTURE on the budget for fiscal year 2010. and expenses’’, $5,038,000, to remain available DEPARTMENT OF JUSTICE FOREIGN AGRICULTURAL SERVICE until September 30, 2010. GENERAL ADMINISTRATION PUBLIC LAW 480 TITLE II GRANTS GENERAL PROVISIONS—THIS TITLE For an additional amount for ‘‘Public Law SALARIES AND EXPENSES SEC. 201. Unless otherwise specified, each 480 Title II Grants’’, $700,000,000, to remain For an additional amount for ‘‘Salaries amount in this title is designated as being available until expended: Provided, That the and expenses’’, $30,000,000, to remain avail- for overseas deployment and other activities amount under this heading is designated as able until September 30, 2010: Provided, That pursuant to sections 401(c)(4) and 423(a) of S. being for overseas deployments and other ac- funds provided in the previous proviso shall Con. Res. 13 (111th Congress), the concurrent tivities pursuant to sections 401(c)(4) and only be for carrying out Department of Jus- resolution on the budget for fiscal year 2010. 423(a) of S. Con. Res. 13 (111th Congress), the tice responsibilities required by Executive SEC. 202. None of the funds provided in this concurrent resolution on the budget for fis- Orders 13491, 13492, and 13493: Provided fur- title shall be used to transfer, relocate, or in- cal year 2010. ther, That the Attorney General shall submit carcerate Guantanamo Bay detainees to or within the United States. GENERAL PROVISION—THIS TITLE to the Committees on Appropriations of the House and the Senate a detailed plan for ex- TITLE III SEC. 101. Notwithstanding any other provi- penditure of such funds no later than 30 days DEPARTMENT OF DEFENSE sion of law, any amounts made available after enactment of this Act. prior to the date of enactment of this Act to MILITARY PERSONNEL DETENTION TRUSTEE provide assistance under the emergency con- MILITARY PERSONNEL, ARMY For an additional amount for ‘‘Detention servation program established under title IV For an additional amount for ‘‘Military trustee’’, $60,000,000, to remain available of the Agricultural Credit Act of 1978 (16 Personnel, Army’’, $11,455,777,000. U.S.C. 2201 and 2202) that are unobligated as until September 30, 2010. MILITARY PERSONNEL, NAVY of the date of enactment of this Act shall be LEGAL ACTIVITIES For an additional amount for ‘‘Military available to carry out any purpose under SALARIES AND EXPENSES, GENERAL LEGAL Personnel, Navy’’, $1,565,227,000. that program without fiscal year limitation: ACTIVITIES Provided, That the amount under this head- MILITARY PERSONNEL, MARINE CORPS For an additional amount for ‘‘Salaries ing is designated as an emergency require- and expenses, general legal activities’’, For an additional amount for ‘‘Military ment and necessary to meet emergency $1,648,000, to remain available until Sep- Personnel, Marine Corps’’, $1,464,353,000. needs pursuant to sections 403(a) and 423(b) tember 30, 2010. MILITARY PERSONNEL, AIR FORCE of S. Con. Res. 13 (111th Congress), the con- current resolution on the budget for fiscal SALARIES AND EXPENSES, UNITED STATES For an additional amount for ‘‘Military year 2010. ATTORNEYS Personnel, Air Force’’, $1,469,173,000. RESERVE PERSONNEL, ARMY (INCLUDING RESCISSION OF FUNDS) For an additional amount for ‘‘Salaries and expenses, United States attorneys’’, For an additional amount for ‘‘Reserve SEC. 102. (a)(1) For an additional amount $5,000,000, to remain available until Sep- for gross obligations for the principal Personnel, Army’’, $387,155,000. tember 30, 2010. amount of direct farm ownership (7 U.S.C. RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Salaries 1922 et seq.) and operating (7 U.S.C. 1941 et For an additional amount for ‘‘Reserve and expenses, United States attorneys’’, seq.) loans, to be available from funds in the Personnel, Navy’’, $39,478,000. $10,000,000, to remain available until Sep- Agricultural Credit Insurance Fund, as fol- tember 30, 2010: Provided, That the amount RESERVE PERSONNEL, MARINE CORPS lows: direct farm ownership loans, provided in this paragraph is designated as For an additional amount for ‘‘Reserve $360,000,000; and direct operating loans, an emergency requirement and necessary to Personnel, Marine Corps’’, $29,179,000. $225,000,000. meet emergency needs pursuant to sections (2) For an additional amount for the cost RESERVE PERSONNEL, AIR FORCE 403(a) and 423(b) of S. Con. Res. 13 (111th Con- of direct loans, including the cost of modi- For an additional amount for ‘‘Reserve gress), the concurrent resolution on the fying loans as defined in section 502 of the Personnel, Air Force’’, $14,943,000. budget for fiscal year 2010. Congressional Budget Act of 1974, as follows: NATIONAL GUARD PERSONNEL, ARMY UNITED STATES MARSHALS SERVICES direct farm ownership loans, $22,860,000; and For an additional amount for ‘‘National direct operating loans, $26,530,000. SALARIES AND EXPENSES Guard Personnel, Army’’, $1,542,333,000. (b) Of available unobligated discretionary For an additional amount for ‘‘Salaries NATIONAL GUARD PERSONNEL, AIR FORCE balances from the Rural Development mis- and expenses’’, $10,000,000, to remain avail- For an additional amount for ‘‘National sion area carried forward from fiscal year able until September 30, 2010. 2008, $49,390,000 are hereby rescinded: Pro- Guard Personnel, Air Force’’, $46,860,000. NATIONAL SECURITY DIVISION vided, That none of the amounts may be re- OPERATION AND MAINTENANCE SALARIES AND EXPENSES scinded other than those from amounts that OPERATION AND MAINTENANCE, ARMY were designated by the Congress as an emer- For an additional amount for ‘‘Salaries For an additional amount for ‘‘Operation gency requirement pursuant to a Concurrent and expenses,’’ $1,389,000, to remain available and Maintenance, Army’’, $13,933,801,000. Resolution on the Budget or the Balanced until September 30, 2010. OPERATION AND MAINTENANCE, NAVY Budget and Emergency Deficit Control Act FEDERAL BUREAU OF INVESTIGATIONS of 1985, as amended. For an additional amount for ‘‘Operation SALARIES AND EXPENSES (c) That the amount under this section is and Maintenance, Navy’’, $2,337,360,000. designated as an emergency requirement and For an additional amount for ‘‘Salaries OPERATION AND MAINTENANCE, MARINE CORPS and expenses’’, $35,000,000, to remain avail- necessary to meet emergency needs pursuant For an additional amount for ‘‘Operation to sections 403(a) and 423(b) of S. Con. Res. 13 able until September 30, 2010: Provided, That the amount provided under this heading is and Maintenance, Marine Corps’’, (111th Congress), the concurrent resolution $1,037,842,000. on the budget for fiscal year 2010. designated as an emergency requirement and necessary to meet emergency needs pursuant OPERATION AND MAINTENANCE, AIR FORCE TITLE II to sections 403(a) and 423(b) of S. Con. Res. 13 For an additional amount for ‘‘Operation DEPARTMENT OF COMMERCE (111th Congress), the concurrent resolution and Maintenance, Air Force’’, $5,992,125,000. ECONOMIC DEVELOPMENT ADMINISTRATION on the budget for fiscal year 2010. OPERATION AND MAINTENANCE, DEFENSE-WIDE ECONOMIC DEVELOPMENT ASSISTANCE DRUG ENFORCEMENT ADMINISTRATION For an additional amount for ‘‘Operation PROGRAMS SALARIES AND EXPENSES and Maintenance, Defense-Wide’’, For an additional amount for ‘‘Economic For an additional amount for ‘‘Salaries $5,065,783,000, of which: Development Assistance Programs’’, and expenses’’, $20,000,000, to remain avail- (1) not to exceed $12,500,000 for the Combat- $40,000,000, to remain available until Sep- able until September 30, 2010. ant Commander Initiative Fund, to be used tember 30, 2010: Provided, That the amount in support of Operation Iraqi Freedom and BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND provided under this heading shall be for the Operation Enduring Freedom; EXPLOSIVES Trade Adjustment Assistance for Commu- (2) not to exceed $1,050,000,000, to remain nities program as authorized by section 1872 SALARIES AND EXPENSES available until expended, for payments to re- of Public Law 111–5: Provided further, That For an additional amount for ‘‘Salaries imburse key cooperating nations, for the amount provided under this heading is and expenses’’, $14,000,000, to remain avail- logistical, military, and other support in- designated as an emergency requirement and able until September 30, 2010. cluding access provided to United States

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military operations in support of Operation OPERATION AND MAINTENANCE, ARMY transfer such amounts as he may determine Iraqi Freedom and Operation Enduring Free- NATIONAL GUARD from the funds provided herein to appropria- dom, notwithstanding any other provision of For an additional amount for ‘‘Operation tions for operation and maintenance; Over- law: Provided, That such reimbursement pay- and Maintenance, Army National Guard’’, seas Humanitarian, Disaster, and Civic Aid; ments may be made in such amounts as the $203,399,000. procurement; research, development, test Secretary of Defense, with the concurrence and evaluation; and defense working capital AFGHANISTAN SECURITY FORCES FUND of the Secretary of State, and in consulta- funds: Provided further, That funds so trans- tion with the Director of the Office of Man- For the ‘‘Afghanistan Security Forces ferred shall be merged with and be available agement and Budget, may determine, in his Fund’’, $3,606,939,000, to remain available for the same purposes and for the same time discretion, based on documentation deter- until September 30, 2010: Provided, That such period as the appropriation or fund to which mined by the Secretary of Defense to ade- funds shall be available to the Secretary of transferred: Provided further, That the Sec- quately account for the support provided and Defense, notwithstanding any other provi- retary of Defense shall, not fewer than 15 such determination is final and conclusive sion of law, for the purpose of allowing the days prior to making transfers from this ap- upon the accounting officers of the United Commander, Combined Security Transition propriation account, notify the congres- States, and 15 days following notification to Command—Afghanistan, or the Secretary’s sional defense committees in writing of the the appropriate congressional committees: designee, to provide assistance, with the con- details of any such transfer. Provided further, That these funds may be currence of the Secretary of State, to the se- PROCUREMENT curity forces of Afghanistan, including the used for the purpose of providing specialized AIRCRAFT PROCUREMENT, ARMY training and procuring supplies and special- provision of equipment, supplies, services, For an additional amount for ‘‘Aircraft ized equipment and providing such supplies training, facility and infrastructure repair, Procurement, Army’’, $315,684,000, to remain and loaning such equipment on a non-reim- renovation, and construction, and funding: available until September 30, 2011. bursable basis to coalition forces supporting Provided further, That the authority to pro- United States military operations in Iraq vide assistance under this heading is in addi- MISSILE PROCUREMENT, ARMY and Afghanistan: Provided further, That the tion to any other authority to provide assist- For an additional amount for ‘‘Missile Pro- Secretary of Defense shall provide quarterly ance to foreign nations: Provided further, curement, Army’’, $737,041,000, to remain reports to the congressional defense commit- That contributions of funds for the purposes available until September 30, 2011. tees on the use of funds provided in this provided herein from any person, foreign PROCUREMENT OF WEAPONS AND TRACKED paragraph; and government, or international organization COMBAT VEHICLES, ARMY (3) up to $50,000,000 shall be available, 30 may be credited to this Fund and used for For an additional amount for ‘‘Procure- days after the Secretary of Defense submits such purposes: Provided further, That the ment of Weapons and Tracked Combat Vehi- an expenditure plan to the congressional de- Secretary shall notify the congressional de- cles, Army’’, $1,434,071,000, to remain avail- fense committees detailing the specific fense committees in writing upon the receipt able until September 30, 2011. and upon the transfer of any contribution, planned use of these funds, only to support PROCUREMENT OF AMMUNITION, ARMY the relocation and disposition of individuals delineating the sources and amounts of the For an additional amount for ‘‘Procure- detained at the Guantanamo Bay Naval Base funds received and the specific use of such ment of Ammunition, Army’’, $230,075,000, to to locations outside of the United States, re- contributions: Provided further, That the Sec- remain available until September 30, 2011. locate military and support forces associated retary of Defense shall, not fewer than 15 with detainee operations, and facilitate the days prior to making transfers from this ap- OTHER PROCUREMENT, ARMY closure of detainee facilities: Provided, That propriation account, notify the congres- For an additional amount for ‘‘Other Pro- the Secretary of Defense shall certify in sional defense committees in writing of the curement, Army’’, $7,029,145,000, to remain writing to the congressional defense commit- details of any such transfer. available until September 30, 2011. tees, prior to transferring prisoners to for- IRAQ SECURITY FORCES FUND AIRCRAFT PROCUREMENT, NAVY eign nations, that he has been assured by the For an additional amount for the ‘‘Iraq Se- For an additional amount for ‘‘Aircraft receiving nation that the individual or indi- curity Forces Fund’’, $1,000,000,000, to remain Procurement, Navy’’, $754,299,000, to remain viduals to be transferred will be retained in available until September 30, 2011: Provided, available until September 30, 2011. that nation’s custody as long as they remain That, not later than July 31, 2010, any re- WEAPONS PROCUREMENT, NAVY a threat to the national security interest of maining unobligated funds in this account For an additional amount for ‘‘Weapons the United States: Provided further, That the shall be transferred to the Department of Procurement, Navy’’, $31,403,000, to remain funds in this paragraph available to provide State to be available for the same purposes available until September 30, 2011. assistance to foreign nations to facilitate the as provided herein. relocation and disposition of individuals de- PROCUREMENT OF AMMUNITION, NAVY AND PAKISTAN COUNTERINSURGENCY CAPABILITY tained at the Guantanamo Bay Naval Base MARINE CORPS FUND are in addition to any other authority to For an additional amount for ‘‘Procure- provide assistance to foreign nations: Pro- (INCLUDING TRANSFER OF FUNDS) ment of Ammunition, Navy and Marine vided further, That these funds are available There is hereby established in the Treas- Corps’’, $348,919,000, to remain available until for transfer to any other appropriations ac- ury of the United States the ‘‘Pakistan September 30, 2011. counts of the Department of Defense or, with Counterinsurgency Capability Fund’’. For OTHER PROCUREMENT, NAVY the concurrence of the head of the relevant the ‘‘Pakistan Counterinsurgency Capability For an additional amount for ‘‘Other Pro- Federal department or agency, to any other Fund’’, $400,000,000, to remain available until curement, Navy’’, $207,181,000, to remain Federal appropriations accounts to accom- September 30, 2010: Provided, That such funds available until September 30, 2011. plish the purposes provided herein: Provided shall be available to the Secretary of De- PROCUREMENT, MARINE CORPS further, That this transfer authority is in ad- fense, with the concurrence of the Secretary dition to any other transfer authority avail- of State, notwithstanding any other provi- For an additional amount for ‘‘Procure- able to the Department of Defense. sion of law, for the purpose of allowing the ment, Marine Corps’’, $1,658,347,000, to re- main available until September 30, 2011. OPERATION AND MAINTENANCE, ARMY Commander, United States Central Com- AIRCRAFT PROCUREMENT, AIR FORCE RESERVE mand, or the Secretary’s designee, to provide assistance to Pakistan’s security forces; in- For an additional amount for ‘‘Aircraft For an additional amount for ‘‘Operation cluding program management and the provi- Procurement, Air Force’’, $2,064,118,000, to and Maintenance, Army Reserve’’, sion of equipment, supplies, services, train- remain available for obligation until Sep- $110,017,000. ing, and funds; and facility and infrastruc- tember 30, 2011. OPERATION AND MAINTENANCE, NAVY RESERVE ture repair, renovation, and construction to MISSILE PROCUREMENT, AIR FORCE For an additional amount for ‘‘Operation build the counterinsurgency capability of For an additional amount for ‘‘Missile Pro- and Maintenance, Navy Reserve’’, $25,569,000. Pakistan’s military and Frontier Corps, and curement, Air Force’’, $49,716,000, to remain OPERATION AND MAINTENANCE, MARINE CORPS of which up to $2,000,000 shall be available to available until September 30, 2011. assist the Government of Pakistan in cre- RESERVE PROCUREMENT OF AMMUNITION, AIR FORCE ating a program to respond to urgent hu- For an additional amount for ‘‘Operation manitarian relief and reconstruction re- For an additional amount for ‘‘Procure- and Maintenance, Marine Corps Reserve’’, quirements that will immediately assist ment of Ammunition, Air Force’’, $30,775,000. Pakistani people affected by military oper- $138,284,000, to remain available until Sep- OPERATION AND MAINTENANCE, AIR FORCE ations: Provided further, That the authority tember 30, 2011. RESERVE to provide assistance under this provision is OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Operation in addition to any other authority to provide For an additional amount for ‘‘Other Pro- and Maintenance, Air Force Reserve’’, assistance to foreign nations: Provided fur- curement, Air Force’’, $1,910,343,000, to re- $34,599,000. ther, That the Secretary of Defense may main available until September 30, 2011.

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PROCUREMENT, DEFENSE-WIDE September 30, 2010: Provided, That these $500,000: Provided further, That the Secretary For an additional amount for ‘‘Procure- funds may be used only for such activities shall report to the Congress all purchases ment, Defense-Wide’’, $237,868,000, to remain related to Afghanistan, Pakistan, and Cen- made pursuant to this authority within 30 available until September 30, 2011. tral Asia. days of using the authority. SEC. 307. From funds made available in this JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT NATIONAL GUARD AND RESERVE EQUIPMENT title, the Secretary of Defense may purchase FUND For an additional amount for ‘‘National motor vehicles for use by military and civil- Guard and Reserve Equipment’’, $500,000,000, For an additional amount for ‘‘Joint Im- ian employees of the Department of Defense to remain available until September 30, 2011. provised Explosive Device Defeat Fund’’, in Iraq and Afghanistan, up to a limit of MINE RESISTANT AMBUSH PROTECTED VEHICLE $1,116,746,000, to remain available until Sep- $75,000 per vehicle, notwithstanding other FUND tember 30, 2011. limitations applicable to passenger carrying motor vehicles. (INCLUDING TRANSFER OF FUNDS) OFFICE OF THE INSPECTOR GENERAL SEC. 308. Of the funds appropriated in De- For an additional amount for ‘‘Office of the For the ‘‘Mine Resistant Ambush Pro- partment of Defense Appropriations Acts, Inspector General’’, $9,551,000. tected Vehicle Fund’’, $4,243,000,000, to re- the following funds are hereby rescinded main available until September 30, 2010: Pro- GENERAL PROVISIONS—THIS TITLE from the following accounts and programs in vided, That such funds shall be available to SEC. 301. Notwithstanding any other provi- the specified amounts: Provided, That none of the Secretary of Defense, notwithstanding sion of law, funds made available in this title the amounts may be rescinded from amounts any other provision of law, to procure, sus- are in addition to amounts appropriated or that were designated by the Congress as an tain, transport, and field Mine Resistant otherwise made available for the Depart- emergency requirement pursuant to a Con- Ambush Protected vehicles: Provided further, ment of Defense for fiscal year 2009. current Resolution on the Budget or the Bal- That the Secretary shall transfer such funds anced Budget and Emergency Deficit Control (INCLUDING TRANSFER OF FUNDS) only to appropriations for operation and Act of 1985, as amended: maintenance; procurement; research, devel- SEC. 302. Upon the determination of the ‘‘Procurement, Marine Corps, 2007/2009’’, opment, test and evaluation; and defense Secretary of Defense that such action is nec- $54,400,000; working capital funds to accomplish the pur- essary in the national interest, the Sec- ‘‘Other Procurement, Army, 2008/2010’’, pose provided herein: Provided further, That retary may transfer between appropriations $29,300,000; this transfer authority is in addition to any up to $2,500,000,000 of the funds made avail- ‘‘Procurement, Marine Corps, 2008/2010’’, other transfer authority available to the De- able to the Department of Defense in this $10,300,000; partment of Defense: Provided further, That title: Provided, That the Secretary shall no- ‘‘Research, Development, Test and Evalua- the Secretary shall, not fewer than 15 days tify the Congress promptly of each transfer tion, Navy, 2008/2009’’, $5,000,000; prior to making transfers from this appro- made pursuant to this authority: Provided ‘‘Research, Development, Test and Evalua- priation, notify the congressional defense further, That the authority provided in this tion, Air Force, 2008/2009’’, $36,107,000; committees in writing of the details of any section is in addition to any other transfer ‘‘Research, Development, Test and Evalua- such transfer. authority available to the Department of De- tion, Defense-Wide, 2008/2009’’, $200,000,000; fense and is subject to the same terms and RESEARCH, DEVELOPMENT, TEST AND ‘‘Operation and Maintenance, Army, 2009/ conditions as the authority provided in sec- EVALUATION 2009’’, $352,359,000; tion 8005 of the Department of Defense Ap- ‘‘Operation and Maintenance, Navy, 2009/ RESEARCH, DEVELOPMENT, TEST AND propriations Act, 2009, (Public Law 110–116) 2009’’, $881,481,000; EVALUATION, ARMY except for the fourth proviso. ‘‘Operation and Maintenance, Marine For an additional amount for ‘‘Research, SEC. 303. Funds appropriated by this Act, Corps, 2009/2009’’, $54,466,000; Development, Test and Evaluation, Army’’, or made available by the transfer of funds in ‘‘Operation and Maintenance, Air Force, $71,935,000, to remain available until Sep- this Act, for intelligence activities are 2009/2009’’, $925,203,000; tember 30, 2010. deemed to be specifically authorized by the ‘‘Operation and Maintenance, Defense- RESEARCH, DEVELOPMENT, TEST AND Congress for purposes of section 504(a)(1) of Wide, 2009/2009’’, $267,635,000; EVALUATION, NAVY the National Security Act of 1947 (50 U.S.C. ‘‘Operation and Maintenance, Army Re- For an additional amount of ‘‘Research, 414(a)(1)). serve, 2009/2009’’, $23,338,000; Development, Test and Evaluation, Navy’’, SEC. 304. During fiscal year 2009 and from ‘‘Operation and Maintenance, Navy Re- $141,681,000, to remain available until Sep- funds in the ‘‘Defense Cooperation Account’’, serve, 2009/2009’’, $62,910,000; tember 30, 2010. as established by 10 U.S.C. 2608, the Sec- ‘‘Operation and Maintenance, Marine Corps retary of Defense may transfer not to exceed RESEARCH, DEVELOPMENT, TEST AND Reserve, 2009/2009’’, $1,250,000; $6,500,000 to such appropriations or funds of EVALUATION, AIR FORCE ‘‘Operation and Maintenance, Air Force the Department of Defense as the Secretary Reserve, 2009/2009’’, $163,786,000; For an additional amount of ‘‘Research, shall determine for use consistent with the Development, Test and Evaluation, Air ‘‘Operation and Maintenance, Army Na- purposes for which such funds were contrib- tional Guard, 2009/2009’’, $57,819,000; Force’’, $174,159,000, to remain available until uted and accepted: Provided, That such September 30, 2010. ‘‘Operation and Maintenance, Air National amounts shall be available for the same time Guard, 2009/2009’’, $250,645,000; RESEARCH, DEVELOPMENT, TEST AND period as the appropriation to which trans- ‘‘Aircraft Procurement, Army, 2009/2011’’, EVALUATION, DEFENSE-WIDE ferred: Provided further, That the Secretary $11,500,000; For an additional amount of ‘‘Research, shall report to the Congress all transfers ‘‘Procurement of Ammunition, Army, 2009/ Development, Test and Evaluation, Defense- made pursuant to this authority. 2011’’, $107,100,000; Wide’’, $498,168,000, to remain available until SEC. 305. Supervision and administration ‘‘Other Procurement, Army, 2009/2011’’, September 30, 2010. costs associated with a construction project $195,000,000; REVOLVING AND MANAGEMENT FUNDS funded with appropriations available for op- ‘‘Procurement, Marine Corps, 2009/2011’’, eration and maintenance or ‘‘Afghanistan DEFENSE WORKING CAPITAL FUNDS $10,300,000; Security Forces Fund’’ provided in this title, ‘‘Procurement, Defense-Wide, 2009/2011’’, For an additional amount for ‘‘Defense and executed in direct support of the over- $6,400,000; Working Capital Funds’’, $861,726,000, to re- seas contingency operations in Iraq and Af- ‘‘Research, Development, Test and Evalua- main available until expended. ghanistan, may be obligated at the time a tion, Army, 2009/2010’’, $202,710,000; DEFENSE HEALTH PROGRAM construction contract is awarded: Provided, ‘‘Research, Development, Test and Evalua- For an additional amount for ‘‘Defense That for the purpose of this section, super- tion, Navy, 2009/2010’’, $270,260,000; and Health Program’’, $909,297,000, of which vision and administration costs include all ‘‘Research, Development, Test and Evalua- $845,508,000 for operation and maintenance; of in-house Government costs. tion, Air Force, 2009/2010’’, $392,567,000. which $30,185,000, to remain available until SEC. 306. Funds made available in this title SEC. 309. None of the funds appropriated or September 30, 2011, for procurement; and of to the Department of Defense for operation otherwise made available by this title may which $33,604,000, to remain available until and maintenance may be used to purchase be obligated or expended to provide award September 30, 2010, for research, develop- items having an investment unit cost of not fees to any defense contractor contrary to ment, test and evaluation. more than $250,000: Provided, That upon de- the provisions of section 814 of the National termination by the Secretary of Defense that Defense Authorization Act, Fiscal Year 2007 DRUG INTERDICTION AND COUNTER-DRUG such action is necessary to meet the oper- (Public Law 109–364). ACTIVITIES, DEFENSE ational requirements of a Commander of a SEC. 310. None of the funds provided in this (INCLUDING TRANSFER OF FUNDS) Combatant Command engaged in contin- title may be used to finance programs or ac- For an additional amount for ‘‘Drug Inter- gency operations overseas, such funds may tivities denied by Congress in fiscal years diction and Counter-Drug Activities, De- be used to purchase items having an invest- 2008 or 2009 appropriations to the Depart- fense’’, $123,398,000, to remain available until ment item unit cost of not more than ment of Defense or to initiate a procurement

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12895 or research, development, test and evalua- ance pay, and readjustment pay so paid. If DEPARTMENT OF ENERGY tion new start program without prior writ- the member elected to have a reduction in ENERGY PROGRAMS ten notification to the congressional defense voluntary separation incentive for any pe- committees. riod pursuant to paragraph (2), the deduction STRATEGIC PETROLEUM RESERVE SEC. 311. None of the funds appropriated or required under the preceding sentence shall (TRANSFER OF FUNDS) otherwise made available by this or any be reduced as the Secretary of Defense shall For an additional amount for the ‘‘Stra- other Act shall be obligated or expended by specify.’’. tegic Petroleum Reserve’’ account, the United States Government for the pur- (c) EFFECTIVE DATE.—The amendments $21,585,723, to remain available until ex- pose of establishing any military installa- made by this section shall apply to any re- pended, to be derived by transfer from the tion or base for the purpose of providing for payments of separation pay, severance pay, ‘‘SPR Petroleum Account’’ for site mainte- the permanent stationing of United States readjustment pay, special separation benefit, nance activities: Provided, That the amount Armed Forces in Afghanistan. or voluntary separation incentive, that under this heading is designated as an emer- SEC. 312. (a) REPEAL OF SECRETARY OF DE- occur on or after the date of enactment, in- gency requirement and necessary to meet FENSE REPORTS ON TRANSITION READINESS OF cluding any ongoing repayment actions that emergency needs pursuant to sections 403(a) IRAQ AND AFGHAN SECURITY FORCES.—Sub- were initiated prior to this amendment. and 423(b) of S. Con. Res. 13 (111th Congress), section (a) of section 9205 of Public Law 110– SEC. 314. Each amount in this title is des- the concurrent resolution on the budget for 252 (122 Stat. 2412) is repealed. ignated as being for overseas deployments fiscal year 2010. (b) MODIFICATION OF REPORTS ON USE OF and other activities pursuant to sections NATIONAL NUCLEAR SECURITY CERTAIN SECURITY FORCES FUNDS.— 401(c)(4) and 423(a) of S. Con. Res. 13 (111th ADMINISTRATION (1) PREPARATION IN CONSULTATION WITH Congress), the concurrent resolution on the WEAPONS ACTIVITIES COMMANDER OF CENTCOM.—Subsection (b)(1) budget for fiscal year 2010. of such section is amended by inserting ‘‘the (TRANSFER OF FUNDS) TITLE IV Commander of the United States Central For an additional amount for ‘‘Weapons Command;’’ after ‘‘the Secretary of De- DEPARTMENT OF DEFENSE—CIVIL Activities’’, $34,500,000, to remain available fense;’’. until expended, to be divided among the DEPARTMENT OF THE ARMY (2) PERIOD OF REPORTS.—Such subsection is three national security laboratories of Liver- further amended by striking ‘‘not later than CORPS OF ENGINEERS—CIVIL more, Sandia and Los Alamos to fund a sus- 120 days after the date of the enactment of OPERATION AND MAINTENANCE tainable capability to analyze nuclear and this Act and every 90 days thereafter’’ and biological weapons intelligence: Provided, inserting ‘‘not later than 45 days after the For an additional amount for ‘‘Operation That the Director of National Intelligence end of each fiscal year quarter’’. and Maintenance’’ to dredge navigation shall provide a written report to the Senate (3) FUNDS COVERED BY REPORTS.—Such sub- channels and repair damage to Corps Appropriations Committee, the Senate section is further amended by striking ‘‘and projects nationwide related to natural disas- Armed Services Committee and the Senate ‘Afghanistan Security Forces Fund’ ’’ and in- ters, $38,375,000, to remain available until ex- Select Committee on Intelligence within 90 serting ‘‘, ‘Afghanistan Security Forces pended: Provided, That the Assistant Sec- days of enactment on how the National Nu- Fund’, and ‘Pakistan Counterinsurgency Ca- retary of the Army for Civil Works shall pro- clear Security Administration will invest pability Fund’ ’’. vide a monthly report to the Committees on these resources in technical and core analyt- (c) NOTICE NEW PROJECTS AND TRANSFERS Appropriations of the House of Representa- ical capabilities: Provided further, That the OF FUNDS.—Subsection (c) of such section is tives and the Senate detailing the allocation amount under this heading is designated as amended by striking ‘‘the headings’’ and all and obligation of these funds, beginning not being for overseas deployments and other ac- that follows and inserting ‘‘the headings as later than 60 days after enactment of this tivities pursuant to sections 401(c)(4) and follows: Act: Provided further, That the amount under 423(a) of S. Con. Res. 13 (111th Congress), the ‘‘(1) ‘Iraq Security Forces Fund’. this heading is designated as an emergency concurrent resolution on the budget for fis- ‘‘(2) ‘Afghanistan Security Forces Fund’. requirement and necessary to meet emer- cal year 2010. ‘‘(3) ‘Pakistan Counterinsurgency Capa- gency needs pursuant to sections 403(a) and DEFENSE NUCLEAR NONPROLIFERATION bility Fund’.’’. 423(b) of S. Con. Res. 13 (111th Congress), the (d) EFFECTIVE DATE.—The amendments concurrent resolution on the budget for fis- For an additional amount for ‘‘Defense Nu- made by this section shall take effect on the cal year 2010. clear Nonproliferation’’ in the National Nu- date of the enactment of this Act. clear Security Administration, $55,000,000, to FLOOD CONTROL AND COASTAL EMERGENCIES SEC. 313. (a) Section 1174(h)(1) of title 10, remain available until expended, for the United States Code, is amended to read as For an additional amount for ‘‘Flood Con- International Nuclear Materials Protection follows: trol and Coastal Emergencies’’, as authorized and Cooperation Program to counter emerg- ‘‘(1) A member who has received separation by section 5 of the Act of August 18, 1941 (33 ing threats at nuclear facilities in Russia pay under this section, or separation pay, U.S.C. 701n), for necessary expenses relating and other countries of concern through de- severance pay, or readjustment pay under to the consequences of natural disasters as tecting and deterring insider threats through any other provision of law, based on service authorized by law, $804,290,000, to remain security upgrades: Provided, That the in the armed forces, and who later qualifies available until expended: Provided, That the amount under this heading is designated as for retired or retainer pay under this title or Secretary of the Army is directed to use being for overseas deployments and other ac- title 14 shall have deducted from each pay- $315,290,000 of the funds appropriated under tivities pursuant to sections 401(c)(4) and ment of such retired or retainer pay an this heading to support emergency oper- 423(a) of S. Con. Res. 13 (111th Congress), the amount, in such schedule of monthly install- ations, repair eligible projects nationwide, concurrent resolution on the budget for fis- ments as the Secretary of Defense shall and for other activities in response to nat- cal year 2010. specify, taking into account the financial ural disasters: Provided further, That the Sec- GENERAL PROVISIONS—THIS TITLE ability of the member to pay and avoiding retary of the Army is directed to use LIMITED TRANSFER AUTHORITY the imposition of undue financial hardship $489,000,000 of the amount provided under on the member and member’s dependents, this heading for barrier island restoration SEC. 401. Section 403 of title IV of division until the total amount deducted is equal to and ecosystem restoration to restore historic A of the American Recovery and Reinvest- the total amount of separation pay, sever- levels of storm damage reduction to the Mis- ment Act of 2009 (Public Law 111–5) is amend- ance pay, and readjustment pay so paid.’’. sissippi Gulf Coast: Provided further, That ed by striking all of the text and inserting (b) Section 1175(e)(3)(A) of title 10, United this work shall be carried out at full Federal the following: States Code, is amended to read as follows: expense: Provided further, That the Assistant ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. ‘‘(3)(A) A member who has received the vol- Secretary of the Army for Civil Works shall ‘‘The Secretary of Energy may transfer up untary separation incentive and who later provide a monthly report to the Committees to 0.5 percent from each amount appro- qualifies for retired or retainer pay under on Appropriations of the House of Represent- priated to the Department of Energy in this this title shall have deducted from each pay- atives and the Senate detailing the alloca- title to any other appropriate account with- ment of such retired or retainer pay an tion and obligation of these funds, beginning in the Department of Energy, to be used for amount, in such schedule of monthly install- not later than 60 days after enactment of management and oversight activities: Pro- ments as the Secretary of Defense shall this Act: Provided further, That the amount vided, That the Secretary shall provide a re- specify, taking into account the financial under this heading is designated as an emer- port to the Committees on Appropriations of ability of the member to pay and avoiding gency requirement and necessary to meet the House of Representatives and the Senate the imposition of undue financial hardship emergency needs pursuant to sections 403(a) 15 days prior to any transfer: Provided fur- on the member and member’s dependents, and 423(b) of S. Con. Res. 13 (111th Congress), ther, That any funds so transferred under until the total amount deducted is equal to the concurrent resolution on the budget for this section shall remain available for obli- the total amount of separation pay, sever- fiscal year 2010. gation until September 30, 2012.’’.

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WAIVER OF FEDERAL EMPLOYMENT ment of Defense—Civil’’ in this Act, or pro- national efforts to control the spread of such REQUIREMENTS vided by previous appropriations Acts under an outbreak, including for the 2009–H1N1 in- SEC. 402. Section 4601(c)(1) of the Atomic the heading entitled ‘‘Department of De- fluenza outbreak, $1,500,000,000, to remain Energy Defense Act (50 U.S.C. 2701(c)(1)) is fense—Civil’’ may be used to deconstruct any available until September 30, 2010, and to be amended by striking ‘‘September 30, 2008’’ work (including any partially completed transferred by the Director of the Office of and inserting ‘‘September 30, 2009’’. work) completed under the Mississippi River Management and Budget as follows: $900,000,000 shall be transferred to and CORPS OF ENGINEERS TECHNICAL FIX and Tributaries Project authorized by the Act of May 15, 1928 (45 2 Stat. 534; 100 Stat. merged with funds made available under the SEC. 403. (a) IN GENERAL.—Section 3181 of 4183), during fiscal year 2009, 2010, and 2011. heading ‘‘Department of Health and Human the Water Resources Development Act of Services, Public Health and Social Services TITLE 17 INNOVATIVE TECHNOLOGY LOAN 2007 (Public Law 110–114; 121 Stat. 1158) is Emergency Fund’’ for allocation by the Sec- GUARANTEE PROGRAM amended— retary; $190,000,000 shall be transferred to and (1) in subsection (a)— SEC. 409. The matter under the heading merged with funds made available for the (A) by redesignating paragraphs (4) ‘‘Title 17 Innovative Technology Loan Guar- United States Department of Homeland Se- through (11) as paragraphs (5), (6), (8), (9), antee Program’’of title III of division C of curity under the heading ‘‘Departmental (10), (11), (12), and (13), respectively; the Omnibus Appropriations Act, 2009 (Pub- Management and Operations, Office of the (B) by inserting after paragraph (3) the fol- lic Law 111–8; 123 Stat. 619) is amended in the Secretary and Executive Management’’ for lowing: ninth proviso— allocation by the Secretary; $100,000,000 shall ‘‘(4) NORTHEAST HARBOR, MAINE.—The (1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; be transferred to and merged with funds project for navigation, Northeast Harbor, and made available for the United States Depart- Maine, authorized by section 2 of the Act of (2) by striking ‘‘the guarantee’’ and insert- ment of Agriculture under the heading ‘‘Ag- March 2, 1945 (59 Stat. 12).’’; and ing ‘‘the guarantee; (e) contracts, leases or ricultural Programs, Production, Processing (C) by inserting after paragraph (6) (as re- other agreements entered into prior to May and Marketing, Office of the Secretary’’ for designated by subparagraph (A)) the fol- 1, 2009 for front-end nuclear fuel cycle allocation by the Secretary; $50,000,000 shall lowing: projects, where such project licenses tech- be transferred to and merged with funds ‘‘(7) TENANTS HARBOR, MAINE.—The project nology from the Department of Energy, and made available under the heading ‘‘Depart- for navigation, Tenants Harbor, Maine, au- pays royalties to the federal government for ment of Health and Human Services, Food thorized by the first section of the Act of such license and the amount of such royal- and Drug Administration, Salaries and Ex- March 2, 1919 (40 Stat. 1275).’’; and ties will exceed the amount of federal spend- penses’’; $110,000,000 shall be transferred to (2) in subsection (h)— ing, if any, under such contracts, leases or and merged with funds made available under (A) by striking paragraphs (15) and (16); agreements; or (f) grants or cooperative the heading ‘‘Department of Veterans Af- and agreements, to the extent that obligations of fairs, Veterans Health Administration, Med- (B) by redesignating paragraphs (17) such grants or cooperative agreements have ical Services’’; and $150,000,000 shall be trans- through (29) as paragraphs (15) through (27), been recorded in accordance with section ferred to and merged with funds made avail- respectively. 1501(a)(5) of title 31, United States Code, on able under the heading ‘‘Bilateral Economic (b) EFFECTIVE DATE.—The amendments or before May 1, 2009’’. Assistance, Funds Appropriated to the Presi- dent, Global Health and Child Survival’’, to made by subsection (a) shall take effect as if TITLE V included in the Water Resources Develop- support programs of the United States Agen- ment Act of 2007 (Public Law 110–114; 121 DEPARTMENT OF THE TREASURY cy for International Development: Provided, Stat. 1041) DEPARTMENTAL OFFICES That such transfers shall be made not more CORPS OF ENGINEERS REPROGRAMMING SALARIES AND EXPENSES than 10 days after the date of enactment of AUTHORITY (INCLUDING TRANSFER OF FUNDS) this Act: Provided further, That none of the funds provided under this heading shall be SEC. 404. Unlimited reprogramming author- For an additional amount for ‘‘Depart- available for obligation until 15 days fol- ity is granted to the Secretary of the Army mental Offices, Salaries and Expenses’’, lowing the submittal of a detailed spending for funds provided in title IV—Energy and $4,000,000, to remain available until Decem- plan by each Department receiving funds to Water Development of Public Law 111–5 ber 31, 2010: Provided, That, not later than 10 the Committees on Appropriations of the under the heading ‘‘Department of Defense— days following enactment of this Act, the House of Representatives and the Senate: Civil, Department of the Army, Corps of En- Secretary of the Treasury shall transfer Provided further, That the transfer authority gineers—Civil’’. funds provided under this heading to an ac- provided under this heading is in addition to BUREAU OF RECLAMATION REPROGRAMMING count to be designated for the necessary ex- any other transfer authority available in AUTHORITY penses of the Financial Crisis Inquiry Com- this or any other Act: Provided further, That SEC. 405. Unlimited reprogramming author- mission established pursuant to section 5 of the amount under this heading is designated ity is granted to the Secretary of the Inte- the Fraud Enforcement and Recovery Act of as an emergency requirement and necessary rior for funds provided in title IV—Energy 2009: Provided further, That the amount under to meet emergency needs pursuant to sec- and Water Development of Public Law 111–5 this heading is designated as an emergency tions 403(a) and 423(b) of S. Con. Res. 13 under the heading ‘‘Bureau of Reclamation, requirement and necessary to meet emer- (111th Congress), the concurrent resolution Water and Related Resources’’. gency needs pursuant to sections 403(a) and on the budget for fiscal year 2010. COST ANALYSIS OF TRITIUM PROGRAM CHANGES 423(b) of S. Con. Res. 13 (111th Congress), the THE JUDICIARY concurrent resolution on the budget for fis- SEC. 406. No funds in this Act, or other pre- COURTS OF APPEALS, DISTRICT COURTS, AND cal year 2010. vious Acts, shall be provided to fund activi- OTHER JUDICIAL SERVICES EXECUTIVE OFFICE OF THE PRESIDENT ties related to the mission relocation of ei- SALARIES AND EXPENSES ther the design authority for the gas transfer AND FUNDS APPROPRIATED TO THE (INCLUDING TRANSFER OF FUNDS) systems or tritium research and develop- PRESIDENT For an additional amount for ‘‘Salaries ment facilities during the current fiscal year NATIONAL SECURITY COUNCIL and Expenses’’, $10,000,000, to remain avail- and until the Department can provide the SALARIES AND EXPENSES Senate Appropriations Committee an inde- able until September 30, 2010: Provided, That For an additional amount for ‘‘Salaries pendent technical mission review and cost notwithstanding section 302 of division D of and Expenses’’, $2,936,000, of which $800,000 analysis by the JASON’s as proposed in the Public Law 111–8, funding shall be available shall remain available until expended and Complex Transformation Site-Wide Pro- for transfer between Judiciary accounts to $2,136,000 shall remain available until Sep- grammatic Environmental Impact State- meet increased workload requirements re- tember 30, 2010: , That the amount ment. Provided sulting from immigration and other law en- under this heading is designated as being for forcement initiatives on the Southwest bor- CORPS OF ENGINEERS PROJECT COST CEILING overseas deployments and other activities der: Provided further, That the amount under INCREASE pursuant to sections 401(c)(4) and 423(a) of S. this heading is designated as being for over- SEC. 407. The project for ecosystem res- Con. Res. 13 (111th Congress), the concurrent seas deployments and other activities pursu- toration, Upper Newport Bay, California, au- resolution on the budget for fiscal year 2010. ant to sections 401(c)(4) and 423(a) of S. Con. thorized by section 101(b)(9) of the Water Re- PANDEMIC PREPAREDNESS AND RESPONSE Res. 13 (111th Congress), the concurrent reso- sources Development Act of 2000 (114 Stat. lution on the budget for fiscal year 2010. 2577), is modified to authorize the Secretary (INCLUDING TRANSFERS OF FUNDS) INDEPENDENT AGENCIES to construct the project at a total cost of For an amount to be deposited into an ac- $50,659,000, with an estimated Federal cost of count for ‘‘Pandemic Preparedness and Re- SECURITIES AND EXCHANGE COMMISSION $32,928,000 and a non-Federal cost of sponse’’ to be established within the Execu- SALARIES AND EXPENSES $17,731,000. tive Office of the President for expenses to For an additional amount for necessary ex- SEC. 408. None of the funds provided in the prepare for and respond to a potential pan- penses for the Securities and Exchange Com- matter under the heading entitled ‘‘Depart- demic disease outbreak and to assist inter- mission, $10,000,000, to remain available until

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September 30, 2010, for investigation of secu- FEDERAL EMERGENCY MANAGEMENT AGENCY Department of the Interior, $50,000,000, to re- rities fraud: Provided, That the amount STATE AND LOCAL PROGRAMS main available until expended: Provided, under this heading is designated as an emer- For an additional amount for ‘‘State and That such funds shall only become available gency requirement and necessary to meet Local Programs’’, $30,000,000 shall be for Op- if funds provided previously for wildland fire emergency needs pursuant to sections 403(a) eration Stonegarden. suppression will be exhausted imminently and 423(b) of S. Con. Res. 13 (111th Congress), and after the Secretary of the Interior noti- the concurrent resolution on the budget for GENERAL PROVISIONS—THIS TITLE fies the Committees on Appropriations of the fiscal year 2010. (INCLUDING RESCISSION) House of Representatives and the Senate in GENERAL PROVISIONS—THIS TITLE SEC. 601. (a) RESCISSION.—Of amounts pre- writing of the need for these additional SEC. 501. (a) IN GENERAL.—Section viously made available from ‘‘Federal Emer- funds: Provided further, That the Secretary of 3(c)(2)(A) of Public Law 110–428 is amended— gency Management Agency, Disaster Relief’’ the Interior may transfer any of these funds (1) in the matter before clause (i), by strik- to the State of Mississippi pursuant to sec- to the Secretary of Agriculture if the trans- ing ‘‘4-year’’ and inserting ‘‘5-year’’; and tion 404 of the Robert T. Stafford Disaster fer enhances the efficiency or effectiveness (2) in clause (i), by striking ‘‘1-year’’ and Relief and Emergency Assistance Act (42 of Federal wildland fire suppression activi- inserting ‘‘2-year’’. U.S.C. 5170c) for Hurricane Katrina, an addi- ties: Provided further, That the amount under (b) EFFECTIVE DATE.—The amendments tional $100,000,000 are rescinded. this heading is designated as an emergency made by subsection (a) shall take effect as if (b) APPROPRIATION.—For ‘‘Federal Emer- requirement and necessary to meet emer- included in the enactment of Public Law 110– gency Management Agency, State and Local gency needs pursuant to sections 403(a) and 428. Programs’’, there is appropriated an addi- 423(b) of S. Con. Res. 13 (111th Congress), the SEC. 502. The fourth proviso under the tional $100,000,000, to remain available until concurrent resolution on the budget for fis- heading ‘‘District of Columbia Funds’’ of expended, for a grant to the State of Mis- cal year 2010. title IV of division D of the Omnibus Appro- sissippi for an interoperable communications DEPARTMENT OF AGRICULTURE system required in the aftermath of Hurri- priations Act, 2009 (Public Law 111–8; 123 FOREST SERVICE Stat. 655) is amended by striking ‘‘and such cane Katrina: Provided, That the amount WILDLAND FIRE MANAGEMENT title’’ and inserting ‘‘, as amended by laws under this heading is designated as an emer- enacted pursuant to section 442(c) of the gency requirement and necessary to meet (INCLUDING TRANSFER OF FUNDS) Home Rule Act of the District of Columbia emergency needs pursuant to sections 403(a) For an additional amount to cover nec- Home Rule Act of 1973, approved December and 423(b) of S. Con. Res. 13 (111th Congress), essary expenses for wildfire suppression and 24, 1973 (87 Stat. 798), and such title, as the concurrent resolution on the budget for emergency rehabilitation activities of the amended,’’. fiscal year 2010. Forest Service, $200,000,000, to remain avail- SEC. 503. Title V of division D of the Omni- SEC. 602. The Department of Homeland Se- able until expended: Provided, That such bus Appropriations Act, 2009 (Public Law 111– curity Appropriations Act, 2009 (Public Law funds shall only become available if funds 8) is amended under the heading ‘‘Federal 110–329) is amended under the heading ‘‘Fed- provided previously for wildland fire suppres- Communications Commission’’ by striking eral Emergency Management Agency, Man- sion will be exhausted imminently and after the first proviso and inserting the following: agement and Administration’’ after ‘‘the the Secretary of Agriculture notifies the ‘‘Provided, That of the funds provided, not Robert T. Stafford Disaster Relief and Emer- Committees on Appropriations of the House less than $3,000,000 shall be available for de- gency Assistance Act (42 U.S.C. 5121 et of Representatives and the Senate in writing veloping a national broadband plan pursuant seq.),’’ by adding ‘‘Cerro Grande Fire Assist- of the need for these additional funds: Pro- to title VI of division B of the American Re- ance Act of 2000 (division C, title I, 114 Stat. vided further, That the Secretary of Agri- covery and Reinvestment Act of 2009 (Public 583),’’. culture may transfer not more than Law 111–5) and for carrying out any other re- SEC. 603. Notwithstanding any provision $50,000,000 of these funds to the Secretary of sponsibility pursuant to that title:’’. under (a)(1)(A) of 15 U.S.C. 2229a specifying the Interior if the transfer enhances the effi- TITLE VI that grants must be used to increase the ciency or effectiveness of Federal wildland DEPARTMENT OF HOMELAND SECURITY number of fire fighters in fire departments, fire suppression activities: Provided further, the Secretary of Homeland Security may, in That the amount under this heading is des- U.S. CUSTOMS AND BORDER PROTECTION making grants described under 15 U.S.C. ignated as an emergency requirement and SALARIES AND EXPENSES 2229a for fiscal year 2009 or 2010, grant waiv- necessary to meet emergency needs pursuant For an additional amount for ‘‘Salaries ers from the requirements of subsection to sections 403(a) and 423(b) of S. Con. Res. 13 and Expenses’’, $46,200,000, to remain avail- (a)(1)(B), subsection (c)(1), subsection (c)(2), (111th Congress), the concurrent resolution able until September 30, 2010, of which and subsection (c)(4)(A), and may award on the budget for fiscal year 2010. $6,200,000 shall be for the care, treatment, grants for the hiring, rehiring, or retention GENERAL PROVISIONS—THIS TITLE and transportation of unaccompanied alien of firefighters. SEC. 701. Public Law 111–8, division E, title children; and of which $40,000,000 shall be for SEC. 604. The Administrator of the Federal III, Department of Health and Human Serv- response to border security issues on the Emergency Management Agency shall ex- ices, Agency for Toxic Substances and Dis- Southwest border of the United States. tend through March 2010 reimbursement of ease Registry, Toxic Substances and Envi- AIR AND MARINE INTERDICTION, OPERATIONS, case management activities conducted by ronmental Public Health is amended by in- MAINTENANCE, AND PROCUREMENT the State of Mississippi under the Disaster serting ‘‘per eligible employee’’ after For an additional amount for ‘‘Salaries Housing Assistance Program to individuals ‘‘$1,000’’. and Expenses’’, $5,000,000, to remain avail- in the program on April 30, 2009. SEC. 702. (a) Section 1606 of division A, title able until September 30, 2010, for response to SEC. 605. Section 552 of division E of the XVI of Public Law 111–5 shall not be applied border security issues on the Southwest bor- Consolidated Appropriations Act, 2008 (Pub- to projects carried out by youth conserva- der of the United States. lic Law 110–161) is amended by striking tion organizations under agreement with the ‘‘local educational agencies’’ and inserting U.S. IMMIGRATION AND CUSTOMS Department of the Interior or the Forest ‘‘primary or secondary school sites’’ and by ENFORCEMENT Service for which funds were provided in inserting ‘‘and section 406(c)(2)’’ after ‘‘sec- SALARIES AND EXPENSES title VII. tion 406(c)(1)’’. (b) For purposes of this provision, the term For an additional amount for ‘‘Salaries SEC. 606. (a) IN GENERAL.—Each amount in and Expenses’’, $66,800,000, to remain avail- ‘‘youth conservation organizations’’ means this title is designated as being for overseas not-for-profit organizations that provide able until September 30, 2010, of which deployments and other activities pursuant to $11,800,000 shall be for the care, treatment, conservation service learning opportunities sections 401(c)(4) and 423(a) of S. Con. Res. 13 for youth 16 to 25 years of age. and transportation of unaccompanied alien (111th Congress), the concurrent resolution TITLE VIII children; and of which $55,000,000 shall be for on the budget for fiscal year 2010. response to border security issues on the (b) EXCEPTION.—Subsection (a) shall not DEPARTMENT OF HEALTH AND HUMAN Southwest border of the United States. apply to any amount under section 601 of SERVICES COAST GUARD this title. ADMINISTRATION FOR CHILDREN AND FAMILIES OPERATING EXPENSES TITLE VII REFUGEE AND ENTRANT ASSISTANCE For an additional amount for ‘‘Operating DEPARTMENT OF THE INTERIOR For an additional amount for ‘‘Refugee and Expenses’’, $139,503,000; of which $129,503,000 DEPARTMENT-WIDE PROGRAMS Entrant Assistance’’ for necessary expenses shall be for Coast Guard operations in sup- for unaccompanied alien children as author- port of Operation Iraqi Freedom and Oper- WILDLAND FIRE MANAGEMENT ized by section 462 of the Homeland Security ation Enduring Freedom; and of which (INCLUDING TRANSFER OF FUNDS) Act of 2002 and section 235 of the William $10,000,000 shall be available until September For an additional amount to cover nec- Wilberforce Trafficking Victims Protection 30, 2010, for High Endurance Cutter mainte- essary expenses for wildfire suppression and Reauthorization Act of 2008, $82,000,000, to re- nance, major repairs, and improvements. emergency rehabilitation activities of the main available through September 30, 2011:

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Res. 13 expended to carry out planning and design States Code, and section 2502 of the Military (111th Congress), the concurrent resolution and military construction projects not oth- Construction Authorization Act for Fiscal on the budget for fiscal year 2010. erwise authorized by law: Provided further, Year 2009 (division B of Public Law 110–417). GENERAL PROVISIONS—THIS TITLE That none of the funds provided under this DEPARTMENT OF DEFENSE BASE CLOSURE heading for military construction projects in (TRANSFER OF FUNDS) ACCOUNT 2005 Afghanistan shall be obligated or expended For deposit into the Department of De- SEC. 801. Section 801(a) of division A of until the Secretary of Defense certifies to Public Law 111–5 is amended by inserting ‘‘, fense Base Closure Account 2005, established the Committees on Appropriations of both by section 2906A(a)(1) of the Defense Base and may be transferred by the Department of Houses of Congress that a prefinancing state- Labor to any other account within the De- Closure and Realignment Act of 1990 (10 ment for each project has been submitted to U.S.C. 2687 note), $230,900,000, to remain partment for such purposes’’ before the end the North Atlantic Treaty Organization period. available until expended: Provided, That not- (NATO) for consideration of funding by the withstanding any other provision of law, (INCLUDING TRANSFER OF FUNDS) NATO Security Investment Program. such funds may be obligated and expended to SEC. 802. (a) Notwithstanding any other For an additional amount for ‘‘Military carry out operation and maintenance, plan- provision of law, during the period from Sep- Construction, Army’’, $49,000,000, to remain ning and design and military construction tember 1 through September 30, 2009, the available until September 30, 2013: Provided, projects not otherwise authorized by law. Secretary of Education shall transfer to the That notwithstanding any other provision of GENERAL PROVISIONS—THIS TITLE Career, Technical, and Adult Education ac- law, such funds may be obligated and ex- SEC. 1001. None of the funds appropriated in count an amount not to exceed $17,678,270 pended to carry out planning and design and this or any other Act may be used to dises- from amounts that would otherwise lapse at military construction projects not otherwise tablish, reorganize, or relocate the Armed the end of fiscal year 2009 and that were authorized by law: Provided further, That the Forces Institute of Pathology, except for the originally made available under the Depart- preceding amount in this paragraph is des- Armed Forces Medical Examiner, until the ment of Education Appropriations Act, 2009 ignated as an emergency requirement and President has established, as required by sec- or any Department of Education Appropria- necessary to meet emergency needs pursuant tion 722 of the National Defense Authoriza- tions Act for a previous fiscal year. to sections 403(a) and 423(b) of S. Con. Res. 13 tion Act for Fiscal Year 2008 (Public Law (b) Funds transferred under this section to (111th Congress), the concurrent resolution 110–181; 122 Stat. 199; 10 U.S.C. 176 note), a the Career, Technical, and Adult Education on the budget for fiscal year 2010: Provided Joint Pathology Center, and the Joint Pa- account shall be obligated by September 30, further, That of the funds appropriated for thology Center is demonstrably performing 2009. ‘‘Military Construction, Army’’ under Public the minimum requirements set forth in sec- (c) Any amounts transferred pursuant to Law 110–252, $49,000,000 are hereby rescinded. tion 722 of the National Defense Authoriza- this section shall be for carrying out Adult MILITARY CONSTRUCTION, NAVY AND MARINE tion Act for Fiscal Year 2008. Education State Grants, and shall be allo- CORPS SEC. 1002. (a) IN GENERAL.—Unless other- cated, notwithstanding any other provision For an additional amount for ‘‘Military wise designated, each amount in this title is of law, only to those States that received designated as being for overseas deployments funds under that program for fiscal year 2009 Construction, Navy and Marine Corps’’, $243,083,000, to remain available until Sep- and other activities pursuant to sections that were at least 9.9 percent less than those 401(c)(4) and 423(a) of S. Con. Res. 13 (111th States received under that program for fiscal tember 30, 2013: Provided, That notwith- standing any other provision of law, such Congress), the concurrent resolution on the year 2008. budget for fiscal year 2010. (d) The Secretary shall use these addi- funds may be obligated and expended to carry out planning and design and military (b) EXCEPTION.—Subsection (a) shall not tional funds to increase those States’ alloca- apply to any amount under the heading tions under that program up to the amount construction projects not otherwise author- ized by law. ‘‘Military Construction, Defense-Wide’’. they received under that program for fiscal TITLE XI year 2008. MILITARY CONSTRUCTION, AIR FORCE DEPARTMENT OF STATE (e) The Secretary shall notify the Commit- For an additional amount for ‘‘Military ADMINISTRATION OF FOREIGN AFFAIRS tees on Appropriations of both Houses of Construction, Air Force’’, $265,470,000, to re- Congress of any transfer pursuant to this main available until September 30, 2013: Pro- DIPLOMATIC AND CONSULAR PROGRAMS section. vided, That notwithstanding any other provi- (INCLUDING TRANSFER OF FUNDS) TITLE IX sion of law, such funds may be obligated and For an additional amount for ‘‘Diplomatic LEGISLATIVE BRANCH expended to carry out planning and design and Consular Programs’’, $645,444,000, to re- and military construction projects not oth- main available until September 30, 2010, of CAPITOL POLICE erwise authorized by law: Provided further, which $117,983,000 is for World Wide Security GENERAL EXPENSES That none of the funds provided under this Protection and shall remain available until For an additional amount for ‘‘Capitol Po- heading for military construction projects in expended: Provided, That the Secretary of lice, General Expenses’’, $71,606,000, to pur- Afghanistan shall be obligated or expended State may transfer up to $135,629,000 of the chase and install a new radio system for the until the Secretary of Defense certifies to total funds made available under this head- U.S. Capitol Police, to remain available the Committees on Appropriations of both ing to any other appropriation of any depart- until September 30, 2012: Provided, That the Houses of Congress that a prefinancing state- ment or agency of the United States, upon Chief of the Capitol Police may not obligate ment for each project has been submitted to the concurrence of the head of such depart- any of the funds appropriated under this the North Atlantic Treaty Organization ment or agency, to support operations in and heading without approval of an obligation (NATO) for consideration of funding by the assistance for Afghanistan and to carry out plan by the Committees on Appropriations of NATO Security Investment Program. the provisions of the Foreign Assistance Act the Senate and the House of Representatives. MILITARY CONSTRUCTION, DEFENSE-WIDE of 1961: Provided further, That of the funds ap- propriated under this heading, not more than CONGRESSIONAL BUDGET OFFICE For an additional amount for ‘‘Military $10,000,000 for public diplomacy activities SALARIES AND EXPENSES Construction, Defense-Wide’’, $181,500,000, to may be transferred to, and merged with, For an additional amount for ‘‘Salaries remain available until September 30, 2013: funds made available under the heading and Expenses’’, $2,000,000, to remain avail- Provided, That notwithstanding any other ‘‘International Broadcasting Operations’’ for able until September 30, 2010. provision of law, such funds may be obli- broadcasting activities to the Pakistan-Af- gated and expended to carry out planning GENERAL PROVISION—THIS TITLE ghanistan border region: Provided further, and design and military construction SEC. 901. The amount available to the Com- That of the funds appropriated under this projects not otherwise authorized by law: mittee on the Judiciary for expenses, includ- heading, $57,000,000 shall be made available Provided further, That $1,781,500,000 is hereby ing salaries, under section 13(b) of Senate for aircraft acquisition, maintenance, oper- authorized for fiscal years 2009 through 2013 Resolution 73, agreed to March 10, 2009, is in- ations and leases in Afghanistan for the De- for the purposes of this appropriation. creased by $500,000. partment of State and the United States TITLE X NORTH ATLANTIC TREATY ORGANIZATION Agency for International Development SECURITY INVESTMENT PROGRAM MILITARY CONSTRUCTION (USAID), and the uses and oversight of such For an additional amount for ‘‘North At- aircraft shall be the responsibility of the MILITARY CONSTRUCTION, ARMY lantic Treaty Organization Security Invest- United States Chief of Mission in Afghani- (INCLUDING RESCISSION) ment Program’’, $100,000,000, to remain avail- stan: Provided further, That of the funds For an additional amount for ‘‘Military able until expended: Provided, That notwith- made available pursuant to the previous pro- Construction, Army’’, $1,229,731,000, to re- standing any other provision of law, such viso, $40,000,000 shall be transferred to, and

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merged with, funds made available under the available until September 30, 2010, for assist- ASSISTANCE FOR EUROPE, EURASIA, AND heading ‘‘United States Agency for Inter- ance for Kenya. CENTRAL ASIA national Development, Funds Appropriated INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘Assistance to the President, Operating Expenses’’ for for Europe, Eurasia and Central Asia’’, the purpose of USAID’s air services: Provided For an additional amount for ‘‘Inter- $230,000,000, to remain available until Sep- further, That such aircraft utilized by USAID national Disaster Assistance’’, $245,000,000, to tember 30, 2010, of which $200,000,000 may be may be used to transport Federal and non- remain available until expended. made available for assistance for Georgia Federal personnel supporting USAID pro- ECONOMIC SUPPORT FUND and other Eurasian countries: Provided, That grams and activities: Provided further, That of the funds appropriated under this heading, official travel of other agencies for other (INCLUDING TRANSFER OF FUNDS) $30,000,000 may be made available for assist- purposes may be supported on a reimburs- For an additional amount for ‘‘Economic ance for the Kyrgyz Republic to provide a able basis, or without reimbursement when Support Fund’’, $2,828,000,000, to remain long-range air traffic control and safety sys- traveling on a space available basis. available until September 30, 2010: Provided, tem to support air operations in the Kyrgyz OFFICE OF INSPECTOR GENERAL That of the funds appropriated under this Republic, including at Manas International Airport, notwithstanding any other provi- (INCLUDING TRANSFER OF FUNDS) heading, not less than $866,000,000 may be made available for assistance for Afghani- sion of law. For an additional amount for ‘‘Office of In- stan, of which not less than $100,000,000 shall DEPARTMENT OF STATE spector General’’, $22,200,000, to remain be made available to support programs that available until September 30, 2010, of which INTERNATIONAL NARCOTICS CONTROL AND LAW directly address the needs of Afghan women $7,000,000 shall be transferred to the Special ENFORCEMENT and girls, including for the Afghan Inde- Inspector General for Iraq Reconstruction For an additional amount for ‘‘Inter- pendent Human Rights Commission, the Af- for reconstruction oversight, and $7,200,000 national Narcotics Control and Law Enforce- ghan Ministry of Women’s Affairs, and for shall be transferred to the Special Inspector ment’’, $393,500,000, to remain available until women-led nongovernmental organizations: General for Afghanistan Reconstruction for September 30, 2010: Provided, That of the Provided further, That of the funds appro- reconstruction oversight: Provided, That the funds appropriated under this heading, not priated under this heading, not less than Special Inspector General for Afghanistan more than $109,000,000 may be made available $115,000,000 shall be made available for the Reconstruction may exercise the authorities for assistance for the West Bank and not Afghan Reconstruction Trust Fund, of which more than $66,000,000 may be made available of subsections (b) through (i) of section 3161 not less than $70,000,000 shall be made avail- for assistance for Mexico. of title 5, United States Code (without regard able for the National Solidarity Program: to subsection (a) of such section) for funds NONPROLIFERATION, ANTI-TERRORISM, Provided further, That of the funds appro- made available for fiscal years 2009 and 2010. DEMINING AND RELATED PROGRAMS priated under this heading, not less than EMBASSY SECURITY, CONSTRUCTION, AND For an additional amount for ‘‘Non- $11,000,000 shall be made available for the Af- proliferation, Anti-Terrorism, Demining and MAINTENANCE ghan Civilian Assistance Program: Provided Related Programs’’, $102,000,000, to remain For an additional amount for ‘‘Embassy further, That of the funds appropriated under available until September 30, 2010: Provided, Security, Construction, and Maintenance’’, this heading, not less than $439,000,000 shall That of this amount, not more than $820,500,000, to remain available until ex- be made available for assistance for Paki- $77,000,000, to remain available until ex- pended, for worldwide security upgrades, ac- stan, of which not more than $215,000,000 pended, may be made available for the Non- quisition, and construction as authorized, shall be made available for economic growth proliferation and Disarmament Fund, not- and shall be made available for secure diplo- programs, including basic education to withstanding any other provision of law, of matic facilities and housing for United counter the influence of madrassas; not less which not more than $50,000,000 may be made States mission staff in Afghanistan and than $50,000,000 shall be made available for available to enhance security along the Gaza Pakistan, and for mobile mail screening assistance for internally displaced persons; border: Provided further, That the Secretary units. and not less than $10,000,000 shall be made of State shall work assiduously to facilitate INTERNATIONAL ORGANIZATIONS available for democracy programs, including the regular flow of people and licit goods in CONTRIBUTIONS FOR INTERNATIONAL to strengthen democratic political parties: and out of Gaza at established border cross- PEACEKEEPING ACTIVITIES Provided further, That of the funds appro- ings and shall submit a report to the Com- mittees on Appropriations not later than 45 For an additional amount for ‘‘Contribu- priated under this heading that are available days after enactment of this Act, and every tions for International Peacekeeping Activi- for assistance for Afghanistan and Pakistan, 45 days thereafter until September 30, 2010, ties’’, $721,000,000, to remain available until not less than $20,000,000 shall be made avail- detailing progress in this effort. September 30, 2010. able for a cross border development program to be administered by the Special Represent- MIGRATION AND REFUGEE ASSISTANCE UNITED STATES AGENCY FOR ative for Afghanistan and Pakistan at the INTERNATIONAL DEVELOPMENT For an additional amount for ‘‘Migration Department of State: Provided further, That and Refugee Assistance’’, $345,000,000, to re- FUNDS APPROPRIATED TO THE PRESIDENT of the funds appropriated under this heading, main available until expended. OPERATING EXPENSES not less than $439,000,000 shall be made avail- INTERNATIONAL SECURITY ASSISTANCE able for assistance for Iraq, of which not less For an additional amount for ‘‘Operating FUNDS APPROPRIATED TO THE PRESIDENT Expenses’’, $112,600,000, to remain available than $50,000,000 shall be for the Community PEACEKEEPING OPERATIONS until September 30, 2010. Action Program and not less than $10,000,000 (INCLUDING TRANSFER OF FUNDS) CAPITAL INVESTMENT FUND shall be for the Marla Ruzicka Iraqi War Vic- tims Fund: Provided further, That of the For an additional amount for ‘‘Peace- For an additional amount for ‘‘Capital In- funds appropriated under this heading, not keeping Operations’’, $172,900,000, to remain vestment Fund’’, $48,500,000, to remain avail- less than $150,000,000 shall be made available available until September 30, 2010, of which able until expended. for assistance for Jordan to mitigate the im- $155,900,000 may be made available to support OFFICE OF INSPECTOR GENERAL pact of the global economic crisis, including the African Union Mission to Somalia and For an additional amount for ‘‘Office of In- for health, education, water and sanitation, which may be transferred to, and merged spector General’’, $3,500,000, to remain avail- and other assistance for Iraqi and other refu- with, funds appropriated under the heading able until September 30, 2010, for oversight of gees in Jordan: Provided further, That of the ‘‘Contributions for International Peace- programs in Afghanistan and Pakistan. funds appropriated under this heading, not keeping Activities’’ for peacekeeping in So- BILATERAL ECONOMIC ASSISTANCE less than $15,000,000 shall be made available malia: Provided, That of the funds appro- priated under this heading, $15,000,000 shall FUNDS APPROPRIATED TO THE PRESIDENT for assistance for Yemen; not less than $10,000,000 shall be made available for assist- be made available for assistance for the GLOBAL HEALTH AND CHILD SURVIVAL ance for Somalia; and not less than Democratic Republic of the Congo and $2,000,000 shall be made available for the For an additional amount for ‘‘Global $10,000,000 shall be made available for pro- Multinational Force and Observer mission in Health and Child Survival’’, $50,000,000, to re- grams and activities to assist victims of gen- the Sinai. main available until September 30, 2010, not- der-based violence in the Democratic Repub- withstanding any other provision of law, ex- lic of the Congo: Provided further, That funds INTERNATIONAL MILITARY EDUCATION AND cept for the United States Leadership made available pursuant to the previous pro- TRAINING Against HIV/AIDS, Tuberculosis and Malaria viso shall be administered by the United For an additional amount for ‘‘Inter- Act of 2003 (Public Law 108–25), for a United States Agency for International Develop- national Military Education and Training’’, States contribution to the Global Fund to ment: Provided further, That none of the $2,000,000, to remain available until Sep- Fight AIDS, Tuberculosis and Malaria. funds appropriated in this title for democ- tember 30, 2010, for assistance for Iraq. DEVELOPMENT ASSISTANCE racy and civil society programs may be made FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Develop- available for the construction of facilities in For an additional amount for ‘‘Foreign ment Assistance’’, $38,000,000, to remain the United States. Military Financing Program’’, $98,000,000, to

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.002 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12900 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 remain available until September 30, 2009, for tables included in the report accompanying penses to carry out credit programs adminis- assistance for Lebanon. this Act: tered by the United States Agency for Inter- GENERAL PROVISIONS—THIS TITLE (1) ‘‘Diplomatic and Consular Programs’’. national Development; and (2) ‘‘Embassy Security, Construction, and (2) Not more than $20,000,000 for the ‘‘Over- AFGHANISTAN Maintenance’’. seas Private Investment Corporation Pro- SEC. 1101. (a) IN GENERAL.—Funds appro- (3) ‘‘Economic Support Fund’’. gram Account’’, notwithstanding section priated under the heading ‘‘Economic Sup- (4) ‘‘International Narcotics Control and 708(b) of Public Law 111–8: Provided, That port Fund’’ that are available for assistance Law Enforcement’’. such funds shall not be available for adminis- for Afghanistan shall be made available, to (b) For the purposes of implementing this trative expenses of the Overseas Private In- the maximum extent practicable, in a man- section, and only with respect to the tables vestment Corporation. ner that utilizes Afghan entities and empha- included in the report accompanying this (b) REPROGRAMMING AUTHORITY.—Notwith- sizes the participation of Afghan women and Act, the Secretary of State and the Adminis- standing any other provision of law and in directly improves the security, economic and trator of the United States Agency for Inter- addition to funds otherwise available for social well-being, and political status, of Af- national Development, as appropriate, may such purposes, funds appropriated under the ghan women and girls. propose deviations to the amounts ref- heading ‘‘Millennium Challenge Corpora- (b) LIMITATION ON CONTRACTS AND erenced in subsection (a), subject to the reg- tion’’ (MCC) in prior Acts making appropria- GRANTS.—Funds appropriated under the ular notification procedures of the Commit- tions for the Department of State, foreign heading ‘‘Economic Support Fund’’ that are tees on Appropriations and section 634A of operations, export financing, and related available for assistance for Afghanistan shall the Foreign Assistance Act of 1961. programs may be transferred to, and merged not be used to initiate or make an amend- BURMA with, funds appropriated under the heading ment to any contract, grant or cooperative ‘‘Economic Support Fund’’ that are made agreement in an amount exceeding SEC. 1103. (a) Funds appropriated under the heading ‘‘Economic Support Fund’’ for hu- available pursuant to this section. $10,000,000. (1) The authority contained in subsection (c) ASSISTANCE FOR WOMEN AND GIRLS.— manitarian assistance for Burma may be made available notwithstanding any other (b) may only be exercised for a country that (1) Of the funds appropriated under the has signed a compact with the MCC or has heading ‘‘International Narcotics Control provision of law. (b) Not later than 30 days after enactment been designated by the MCC as a threshold and Law Enforcement’’ that are available for country, and such a reprogramming of funds assistance for Afghanistan, not less than of this Act, the Secretary of State shall sub- mit to the Committees on Appropriations a should be made, if practicable, prior to mak- $10,000,000 shall be made available to train ing available additional assistance for such and support Afghan women investigators, po- report that details the findings and rec- ommendations of the Department of State’s purposes. lice officers, prosecutors and judges with re- (2) The MCC shall consult with the Com- sponsibility for investigating, prosecuting, review of United States policy toward Burma. mittees on Appropriations prior to exer- and punishing crimes of violence against cising the authority of this subsection. women and girls. EXTENSION OF AUTHORITIES IRAQ (2) Of the funds appropriated under the SEC. 1104. Funds appropriated in this title heading ‘‘Economic Support Fund’’ that are may be obligated and expended notwith- SEC. 1106. (a) IN GENERAL.—Funds appro- available for assistance for Afghanistan, not standing section 10 of Public Law 91–672, sec- priated in this title that are available for as- less than $5,000,000 shall be made available tion 15 of the State Department Basic Au- sistance for Iraq shall be made available, to for capacity building for Afghan women-led thorities Act of 1956, section 313 of the For- the maximum extent practicable, in a man- nongovernmental organizations, and not less eign Relations Authorization Act, Fiscal ner that utilizes Iraqi entities. than $25,000,000 shall be made available to Years 1994 and 1995 (Public Law 103–236), and (b) MATCHING REQUIREMENT.—Funds appro- support programs and activities of such or- section 504(a)(1) of the National Security Act priated in this title for assistance for Iraq ganizations, including to provide legal as- of 1947 (50 U.S.C. 414(a)(1)). shall be made available in accordance with sistance and training for Afghan women and GLOBAL FINANCIAL CRISIS the Department of State’s April 9, 2009, girls about their rights, and to promote ‘‘Guidelines for Government of Iraq Finan- SEC. 1105. (a) IN GENERAL.—Of the funds ap- cial Participation in United States Govern- women’s health (including mental health), propriated under the heading ‘‘Economic ment-Funded Civilian Foreign Assistance education, and leadership. Support Fund’’, not more than $285,000,000 Programs and Projects’’. (d) ANTICORRUPTION.—Ten percent of the may be made available for assistance for vul- (c) OTHER ASSISTANCE.—Of the funds appro- funds appropriated under the heading ‘‘Inter- nerable populations in developing countries priated in this title under the heading ‘‘Eco- national Narcotics Control and Law Enforce- severely affected by the global financial cri- nomic Support Fund’’, not less than ment’’ that are available for assistance for sis: Provided, That funds made available pur- $20,000,000 shall be made available for tar- the Government of Afghanistan shall be suant to this section may be obligated only geted development programs and activities withheld from obligation until the Secretary after the Administrator of the United States in areas of conflict in Iraq, and the responsi- of State reports to the Committees on Ap- Agency for International Development bility for policy decisions and justifications propriations that the Government of Afghan- (USAID) submits a report to the Committees for the use of such funds shall be the respon- istan is implementing a policy to promptly on Appropriations detailing a spending plan sibility of the United States Chief of Mission remove from office any government official for each such country including criteria for in Iraq. who is credibly alleged to have engaged in eligibility, proposed amounts and purposes of narcotics trafficking, gross violations of assistance, and mechanisms for monitoring PROHIBITION ON ASSISTANCE FOR HAMAS human rights, or other major crimes. the uses of such assistance, and indicating SEC. 1107. (a) None of the funds appro- (e) ACQUISITION OF PROPERTY.—Not more that USAID has reviewed its existing pro- priated in this title may be made available than $10,000,000 of the funds appropriated in grams in such country to determine re- for assistance to Hamas, or any entity effec- this title may be made available to pay for programming opportunities to increase as- tively controlled by Hamas or any power- the acquisition of property for diplomatic fa- sistance for vulnerable populations: Provided sharing government of which Hamas is a cilities in Afghanistan. further, That funds made available pursuant member. (f) UNITED NATIONS DEVELOPMENT PRO- to this section shall be transferred to, and (b) Notwithstanding the limitation of sub- GRAM.—None of the funds appropriated in merged with, the following accounts: section (a), assistance may be provided to a this title may be made available for pro- (1) Not less than $12,000,000 for the ‘‘Devel- power-sharing government only if the Presi- grams and activities of the United Nations opment Credit Authority’’, for the cost of di- dent certifies and reports to the Committees Development Program (UNDP) in Afghani- rect loans and loan guarantees notwith- on Appropriations that such government, in- stan unless the Secretary of State reports to standing the dollar limitations in such ac- cluding all of its ministers or such equiva- the Committees on Appropriations that count on transfers to the account and the lent, has publicly accepted and is complying UNDP is fully cooperating with efforts of the principal amount of loans made or guaran- with the principles contained in section United States Agency for International De- teed with respect to any single country or 620K(b)(1)(A) and (B) of the Foreign Assist- velopment (USAID) to investigate expendi- borrower: Provided, That such transferred ance Act of 1961, as amended. tures by UNDP of USAID funds associated funds may be made available to subsidize (c) The President may exercise the author- with the Quick Impact Program in Afghani- total loan principal, any portion of which is ity in section 620K(e) of the Foreign Assist- stan, and has agreed to reimburse USAID, if to be guaranteed, of up to $3,300,000,000: Pro- ance Act as added by the Palestinian Anti- appropriate. vided further, That the authority provided in Terrorism Act of 2006 (Public Law 109–446) ALLOCATIONS this subsection is in addition to authority with respect to this subsection. SEC. 1102. (a) Funds appropriated in this provided under the heading ‘‘Development (d) Whenever the certification pursuant to title for the following accounts shall be Credit Authority’’ in Public Law 111–8: Pro- subsection (b) is exercised, the Secretary of made available for programs and countries vided further, That and up to $1,500,000 may State shall submit a report to the Commit- in the amounts contained in the respective be made available for administrative ex- tees on Appropriations within 120 days of the

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The set out in the G8 Finance Ministers’ Commu- ‘‘(3) Removal of the ‘Employing Workers’ report shall also detail the amount, purposes nique entitled ‘Conclusions on Development,’ Indicator as a ‘guidepost’ for calculating the and delivery mechanisms for any assistance done at London, June 11, 2005, and reaffirmed annual Country Policy and Institutional As- provided pursuant to the abovementioned by G8 Heads of State at the Gleneagles Sum- sessment score for each recipient country. certification and a full accounting of any di- mit on July 8, 2005.’’. ‘‘(b) Within 60 days after the date of the rect support of such government. (b) AFRICAN DEVELOPMENT FUND.—The Af- enactment of this section, the Secretary of MEXICO rican Development Fund Act (22 U.S.C. 290 et the Treasury shall provide an instruction to seq.) is amended by adding at the end thereof the United States Executive Directors re- SEC. 1108. (a) Not later than 60 days after ferred to in subsection (a) to take appro- enactment of this Act, the Secretary of the following: priate actions with respect to implementing State shall submit a report to the Commit- ‘‘SEC. 219. ELEVENTH REPLENISHMENT. the policy goals of the United States set tees on Appropriations detailing actions ‘‘(a) The United States Governor of the forth in subsection (a), and such instruction taken by the Government of Mexico since Fund is authorized to contribute on behalf of shall be posted on the website of the Depart- June 30, 2008, to investigate and prosecute the United States $468,165,000 to the eleventh ment of the Treasury. violations of internationally recognized replenishment of the resources of the Fund, human rights by members of the Mexican subject to obtaining the necessary appropria- ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY Federal police and military forces, and to tions. AND EFFECTIVENESS OF THE IN- ‘‘(b) In order to pay for the United States SPECTION PANEL PROCESS OF THE support a thorough, independent, and cred- WORLD BANK. contribution provided for in subsection (a), ible investigation of the murder of American ‘‘(a) ENHANCING TRANSPARENCY IN IMPLE- there are authorized to be appropriated, citizen Bradley Roland Will. MENTATION OF MANAGEMENT ACTION PLANS.— without fiscal year limitation, $468,165,000 (b) None of the funds appropriated in this The Secretary of the Treasury shall direct for payment by the Secretary of the Treas- title may be made available for the cost of the United States Executive Directors at the ury. fuel for helicopters provided to Mexico, or World Bank to seek to ensure that World for logistical support, including operations ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIA- Bank Procedure 17.55, which establishes the and maintenance, of aircraft purchased by TIVE. operating procedures of Management with the Government of Mexico. ‘‘(a) The Secretary of the Treasury is au- regard to the Inspection Panel, provides that (c) In order to enhance border security and thorized to contribute, on behalf of the Management prepare and make available to cooperation in law enforcement efforts be- United States, not more than $26,000,000 to the public semiannual progress reports de- tween Mexico and the United States, funds the African Development Fund for the pur- scribing implementation of Action Plans appropriated in this title that are available pose of funding debt relief under the Multi- considered by the Board; allow and receive for assistance for Mexico may be made avail- lateral Debt Relief Initiative in the period comments from Requesters and other Af- able for the procurement of law enforcement governed by the eleventh replenishment of fected Parties for two months after the date communications equipment only if such resources of the African Development Fund, of disclosure of the progress reports; post equipment utilizes open standards and is subject to obtaining the necessary appropria- these comments on World Bank and Inspec- compatible with, and capable of operating tions and without prejudice to any funding tion Panel websites (after receiving permis- with, radio communications systems and re- arrangements in existence on the date of the sion from the requestors to post with or lated equipment utilized by Federal law en- enactment of this section. without attribution); submit the reports to forcement agencies in the United States to ‘‘(b) In order to pay for the United States the Board with any comments received; and enhance border security and cooperation in contribution provided for in subsection (a), make public the substance of any actions law enforcement efforts between Mexico and there are authorized to be appropriated, taken by the Board after Board consider- the United States. without fiscal year limitation, not more ation of the reports. MULTILATERAL DEVELOPMENT BANK than $26,000,000 for payment by the Secretary ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND REPLENISHMENTS of the Treasury.’’. EFFECTIVENESS OF THE INSPECTION PANEL.— SEC. 1109. (a) INTERNATIONAL DEVELOPMENT PROMOTION OF POLICY GOALS AT THE WORLD The Secretary of the Treasury shall direct ASSOCIATION.—The International Develop- BANK GROUP the United States Executive Directors at the ment Association Act (22 U.S.C. 284 et seq.) SEC. 1110. Title XVI of the International World Bank to continue to promote the inde- is amended by adding at the end thereof the Financial Institutions Act (22 U.S.C. 262p et pendence and effectiveness of the Inspection following: seq.) is amended by adding at the end thereof Panel, including by seeking to ensure the ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. the following: availability of, and access by claimants to, ‘‘(a) The United States Governor of the ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ the Inspection Panel for projects supported International Development Association is REPORT OF THE WORLD BANK. by World Bank resources. authorized to contribute on behalf of the ‘‘(a) The Secretary of the Treasury shall ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.— United States $3,705,000,000 to the fifteenth instruct the United States Executive Direc- The Secretary of the Treasury shall direct replenishment of the resources of the Asso- tors at the International Bank for Recon- the United States Executive Directors at the ciation, subject to obtaining the necessary struction and Development, the Inter- World Bank to request an evaluation by the appropriations. national Development Association, and the Independent Evaluation Group on the use of ‘‘(b) In order to pay for the United States International Finance Corporation of the fol- country environmental and social safeguard contribution provided for in subsection (a), lowing United States policy goals, and to use systems to determine the degree to which, in there are authorized to be appropriated, the voice and vote of the United States to practice, the use of such systems provides without fiscal year limitation, $3,705,000,000 actively promote and work to achieve these the same level of protection at the project for payment by the Secretary of the Treas- goals: level as do the policies and procedures of the ury. ‘‘(1) Suspension of the use of the ‘Employ- World Bank. ‘‘(d) WORLD BANK DEFINED.—In this sec- ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. ing Workers’ Indicator for the purpose of tion, the term ‘World Bank’ means the Inter- ‘‘(a) The Secretary of the Treasury is au- ranking or scoring country performance in national Bank for Reconstruction and Devel- thorized to contribute, on behalf of the the annual Doing Business Report of the opment and the International Development United States, not more than $356,000,000 to World Bank until a set of indicators can be Association.’’. the International Development Association devised that fairly represent the value of for the purpose of funding debt relief under internationally recognized workers’ rights, CLIMATE CHANGE MITIGATION AND GREENHOUSE the Multilateral Debt Relief Initiative in the including core labor standards, in creating a GAS ACCOUNTING period governed by the fifteenth replenish- stable and favorable environment for at- SEC. 1111. Title XIII of the International ment of resources of the International Devel- tracting private investment. The indicators Financial Institutions Act (22 U.S.C. 262m et opment Association, subject to obtaining the shall bring to bear the experiences of the seq.) is amended by adding at the end thereof necessary appropriations and without preju- member governments in dealing with the the following: dice to any funding arrangements in exist- economic, social and political complexity of ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND ence on the date of the enactment of this labor market issues. The indicators should GREENHOUSE GAS ACCOUNTING. section. be developed through collaborative discus- ‘‘(a) USE OF GREENHOUSE GAS ACCOUNT- ‘‘(b) In order to pay for the United States sions with and between the World Bank, the ING.—The Secretary of the Treasury shall contribution provided for in subsection (a), International Finance Corporation, the seek to ensure that multilateral develop- there are authorized to be appropriated, International Labor Organization, private ment banks (as defined in section 1701(c)(4) without fiscal year limitation, not more companies, and labor unions. of this Act) adopt and implement greenhouse

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gas accounting in analyzing the benefits and OVERSEAS COMPARABILITY PAY ADJUSTMENT contribute, to achieving the goals outlined costs of individual projects (excluding those SEC. 1113. (a) Subject to such regulations above. with de minimus greenhouse gas emissions) prescribed by the Secretary of State, includ- (c) POLICY ASSESSMENT.—The President, on for which funding is sought from the bank. ing with respect to phase-in schedule and the basis of information gathered and coordi- ‘‘(b) EXPANSION OF CLIMATE CHANGE MITI- treatment as basic pay, and notwithstanding nated by the National Security Council, GATION ACTIVITIES.—The Secretary of the any other provision of law, funds appro- shall advise the Congress on how such assess- Treasury shall work to ensure that the mul- priated for this fiscal year in this or any ment requires, or does not require, changes tilateral development banks (as defined in other Act may be used to pay an eligible to such policy. section 1701(c)(4)) expand their activities member of the Foreign Service as defined in (d) DEFINITION.—For purposes of this sec- supporting climate change mitigation by— subsection (b) of this section a locality-based tion, ‘‘appropriate congressional commit- ‘‘(1) significantly expanding support for in- comparability payment (stated as a percent- tees’’ means the Committees on Appropria- vestments in energy efficiency and renew- age) up to the amount of the locality-based tions, Foreign Relations and Armed Services able energy, including zero carbon tech- comparability payment (stated as a percent- of the Senate, and the Committees on Appro- nologies; age) that would be payable to such member priations, Foreign Affairs and Armed Serv- ‘‘(2) reviewing all proposed infrastructure under section 5304 of title 5, United States ices of the House of Representatives. investments to ensure that all opportunities Code if such member’s official duty station ASSISTANCE FOR PAKISTAN for integrating energy efficiency measures were in the District of Columbia. SEC. 1115. (a) FINDINGS.— have been considered; (b) A member of the Service shall be eligi- (1) The United States and the international ‘‘(3) increasing the dialogue with the gov- ble for a payment under this section only if community have welcomed and supported ernments of developing countries regard- the member is designated class 1 or below for Pakistan’s return to civilian rule since the ing— purposes of section 403 of the Foreign Service democratic elections of February 18, 2008; ‘‘(A) analysis and policy measures needed Act of 1980 (22 U.S.C. 3963) and the member’s (2) Since 2001, the United States has pro- for low carbon emission economic develop- official duty station is not in the continental vided more than $12,000,000,000 in economic ment; and United States or in a non-foreign area, as de- and security assistance to Pakistan; ‘‘(B) reforms needed to promote private fined in section 591.205 of title 5, Code of Fed- (3) Afghanistan and Pakistan are facing sector investments in energy efficiency and eral Regulations. grave threats to their internal security from renewable energy, including zero carbon (c) The amount of any locality-based com- a growing insurgency fueled by al Qaeda, the technologies; and parability payment that is paid to a member of the Foreign Service under this section Taliban and other violent extremist groups ‘‘(4) integrate low carbon emission eco- shall be subject to any limitations on pay operating in areas along the Afghanistan- nomic development objectives into multilat- applicable to locality-based comparability Pakistan border; and eral development bank country strategies. payments under section 5304 of title 5, (4) The United States is committed to sup- ‘‘(c) REPORT TO CONGRESS.—Not later than United States Code. 1 year after the date of the enactment of this porting vigorous efforts by the Government section, and annually thereafter, the Sec- ASSESSMENT ON AFGHANISTAN AND PAKISTAN of Pakistan to secure Pakistan’s western retary of the Treasury shall submit a report SEC. 1114. (a) FINDING.—The Congress sup- border and counter violent extremism, ex- on the status of efforts to implement this ports economic and security assistance for pand government services, support economic section to the Committee on Foreign Rela- Afghanistan and Pakistan, but long-term development, combat corruption and uphold tions and the Committee on Appropriations stability and security in those countries is the rule of law in such areas. of the Senate and the Committee on Finan- tied more to the capacity and conduct of the (b) REPORT.—Not later than 90 days after cial Services and the Committee on Appro- Afghan and Pakistani governments and the enactment of this Act, the Secretary of priations of the House of Representatives.’’. resolve of both societies for peace and sta- State shall submit a report, in classified bility, to include combating extremist net- form if necessary, to the Committees on Ap- MULTILATERAL DEVELOPMENT BANK REFORM works, than it is to the policies of the United propriations detailing— SEC. 1112. (a) BUDGET DISCLOSURE.—The States. (1) a spending plan for the proposed uses of Secretary of the Treasury shall seek to en- (b) REPORT.—The President shall submit a funds appropriated in this title under the sure that the multilateral development report to the appropriate congressional com- headings ‘‘Economic Support Fund’’ and banks make timely, public disclosure of mittees, not later than 90 days after the date ‘‘International Narcotics Control and Law their operating budgets including expenses of enactment of this Act and every 6 months Enforcement’’ that are available for assist- for staff, consultants, travel and facilities. thereafter until September 30, 2010, in classi- ance for Pakistan including amounts, the (b) EVALUATION.—The Secretary of the fied form if necessary, assessing the extent purposes for which funds are to be made Treasury shall seek to ensure that multilat- to which the Afghan and Pakistani govern- eral development banks rigorously evaluate available, and intended results; ments are demonstrating the necessary com- (2) the actions to be taken by the United the development impact of selected bank mitment, capability, conduct and unity of projects, programs, and financing operations, States and the Government of Pakistan re- purpose to warrant the continuation of the lating to such assistance; and emphasize use of random assignment in President’s policy announced on March 27, conducting such evaluations, where appro- (3) the metrics for measuring progress in 2009, to include: achieving such results; and priate and to the extent feasible. (1) The level of political consensus and (c) EXTRACTIVE INDUSTRIES.—The Sec- (4) the mechanisms for monitoring such unity of purpose across ethnic, tribal, reli- retary of the Treasury shall direct the funds. gious and political party affiliations to con- United States Executive Directors at the SPECIAL AUTHORITY front the political and security challenges multilateral development banks to promote facing the region; SEC. 1116. (a) Notwithstanding any other the endorsement of the Extractive Industry (2) The level of official corruption that un- provision of law, funds appropriated under Transparency Initiative (EITI) by these in- dermines such political consensus and unity the headings ‘‘Global HIV/AIDS Initiative’’ stitutions and the integration of the prin- of purpose, and actions taken to eliminate it; or ‘‘Global Health and Child Survival’’ in ciples of the EITI into extractive industry- prior Acts making appropriations for the De- related projects that are funded by the mul- (3) The actions taken by the respective se- curity forces and appropriate government partment of State, foreign operations, export tilateral development banks. financing and related programs for assist- (d) REPORT.—Not later than September 30, entities in developing a counterinsurgency capability, conducting counterinsurgency ance for Kenya to carry out the President’s 2009, the Secretary of the Treasury shall sub- Emergency Plan for AIDS Relief may be mit a report to the Committee on Appropria- operations, and establishing security and governance on the ground; transferred to, and merged with, funds made tions and the Committee on Foreign Rela- available under the heading ‘‘Economic Sup- tions of the Senate, and the Committee on (4) The actions taken by the respective in- telligence agencies in cooperating with the port Fund’’ to respond to instability in Appropriations and the Committee on For- Kenya arising from conflict or civil strife. eign Affairs of the House, detailing actions United States on counterinsurgency and counterterrorism operations and in termi- (b) The Secretary of State shall consult taken by the multilateral development with the Committees on Appropriations banks to achieve the objectives of this sec- nating policies and programs, and removing personnel, that provide material support to prior to exercising the authority of this sec- tion. tion. (e) COORDINATION OF DEVELOPMENT POL- extremist networks that target United ICY.—The Secretary of the Treasury shall co- States troops or undermine United States SPENDING PLAN AND NOTIFICATION PROCEDURES ordinate the formulation and implementa- objectives in the region; SEC. 1117. (a) SPENDING PLAN.—Not later tion of United States policy relating to the (5) The ability of the Afghan and Pakistani than 45 days after the enactment of this Act, development activities of the World Bank governments to effectively control and gov- the Secretary of State, in consultation with Group with the Secretary of State, the Ad- ern the territory within their respective bor- the Administrator of the United States ministrator of the United States Agency for ders; and Agency for International Development, shall International Development, and other Fed- (6) The ways in which United States Gov- submit to the Committees on Appropriations eral agencies, as appropriate. ernment assistance contributed, or failed to a report detailing planned expenditures for

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.003 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12903 funds appropriated in this title, except for able for assistance for Colombia, $500,000 U.S.C. 1437 et seq.), $80,000,000, to remain funds appropriated under the headings may be transferred to, and merged with, available until expended: Provided, That such ‘‘International Disaster Assistance’’ and funds appropriated under the heading ‘‘Inter- funds shall be made available within 60 days ‘‘Migration and Refugee Assistance’’. national Narcotics Control and Law Enforce- of the enactment of this Act: Provided fur- (b) NOTIFICATION.—Funds appropriated in ment’’ to provide medical and rehabilitation ther, That in carrying out the activities au- this title, with the exception of funds appro- assistance for members of Colombian secu- thorized under this heading, the Secretary priated under the headings ‘‘International rity forces who have suffered severe injuries. shall waive section (o)(13)(B) of the United Disaster Assistance’’ and ‘‘Migration and TERMS AND CONDITIONS States Housing Act of 1937 (42 U.S.C. Refugee Assistance’’, shall be subject to the 1437f(o)(13)(B))’’: Provided, That such addi- SEC. 1119. Unless otherwise provided for in regular notification procedures of the Com- tional funds are designated as an emergency this Act, funds appropriated or otherwise mittees on Appropriations and section 634A requirement pursuant to section 403 of S. made available in this title shall be available of the Foreign Assistance Act of 1961. Con. Res. 13 (111th Congress), the concurrent under the authorities and conditions pro- resolution on the budget for fiscal year 2010. TECHNICAL PROVISIONS vided in the Department of State, Foreign SEC. 1204. Public Law 111–5 is amended by SEC. 1118. (a) MODIFICATIONS.—The funding Operations, and Related Programs Appro- striking the second proviso under the head- limitation in section 7046(a) of Public Law priations Act, 2009 (division H of Public Law ing ‘‘HOME Investment Partnerships Pro- 111–8 shall not apply to funds made available 111–8), except that sections 7042(a) and (c) gram’’ and inserting ‘‘Provided further, That for assistance for Colombia through the and 7070(e)(2) of such Act shall not apply to the housing credit agencies in each State United States Agency for International De- such funds. velopment’s Office of Transition Initiatives: shall distribute these funds competitively OVERSEAS DEPLOYMENTS Provided, That title III of division H of Pub- under this heading and pursuant to their lic Law 111–8 is amended under the heading SEC. 1120. Each amount in this title is des- qualified allocation plan (as defined in sec- ‘‘Economic Support Fund’’ in the second pro- ignated as being for overseas deployments tion 42(m) of the Internal Revenue Code of viso by striking ‘‘up to $20,000,000’’ and in- and other activities pursuant to sections 1986) to owners of projects who have received serting ‘‘not less than $20,000,000’’. 401(c)(4) and 423(a) of S. Con. Res. 13 (111th or receive simultaneously an award of low- (b) NOTIFICATION REQUIREMENT.—Funds ap- Congress), the concurrent resolution on the income housing tax credits under sections propriated by this Act that are transferred budget for fiscal year 2010. 42(h) and 1400N of the Internal Revenue Code to the Department of State or the United TITLE XII of 1986:’’. States Agency for International Develop- DEPARTMENT OF TRANSPORTATION TITLE XIII ment shall be subject to the regular notifica- OFFICE OF THE SECRETARY OTHER MATTERS tion procedures of the Committees on Appro- PAYMENTS TO AIR CARRIERS INTERNATIONAL ASSISTANCE priations, notwithstanding any other provi- PROGRAMS sion of law. (AIRPORT AND AIRWAY TRUST FUND) INTERNATIONAL MONETARY PROGRAMS (c) AUTHORITY.—Funds appropriated in this In addition to funds made available under title, and subsequent and prior acts appro- Public Law 111–8 and funds authorized under UNITED STATES QUOTA, INTERNATIONAL priating funds for Department of State, For- subsection 41742(a)(1) of title 49, United MONETARY FUND eign Operations, and Related Programs and States Code, to carry out the essential air For an increase in the United States quota under the heading ‘‘Public Law 480 Title II service program, to be derived from the Air- in the International Monetary Fund, the dol- Grants’’ in this, subsequent, and prior Acts port and Airway Trust Fund, $13,200,000, to lar equivalent of 4,973,100,000 Special Draw- appropriating funds for Agriculture, Rural remain available until expended. ing Rights, to remain available until ex- Development, Food and Drug Administra- pended: Provided, That the cost of the FEDERAL AVIATION ADMINISTRATION tion, and Related Agencies, shall be made amounts provided herein shall be determined available notwithstanding the requirements GRANTS-IN-AID FOR AIRPORTS as provided under the Federal Credit Reform of and amendments made by section 3511 of (AIRPORT AND AIRWAY TRUST FUND) Act of 1990 (2 U.S.C. 661 et. seq.): Provided fur- Public Law 110–417. (RESCISSION) ther, That for purposes of section 502(5) of the (d) REEMPLOYMENT OF ANNUITANTS.— Of the amounts authorized under sections Federal Credit Reform Act of 1990, the dis- (1) Section 824 of the Foreign Service Act 48103 and 48112 of title 49, United States count rate in section 502(5)(E) shall be ad- of 1980 (22 U.S.C. 4064) is amended in sub- Code, $13,200,000 are permanently rescinded justed for market risks: Provided further, section (g)(1)(B) by inserting ‘‘, Pakistan,’’ from amounts authorized for the fiscal year That section 504(b) of the Federal Credit Re- after ‘‘Iraq’’ each place it appears; by insert- ending September 30, 2008. form Act of 1990 (2 U.S.C. 661c(b)) shall not ing ‘‘to positions in the Response Readiness apply. GENERAL PROVISIONS—THIS TITLE Corps,’’ before ‘‘or to posts vacated’’; and, in LOANS TO INTERNATIONAL MONETARY FUND subsection (g)(2) by striking ‘‘2009’’ and in- SEC. 1201. Section 1937 of Public Law 109–59 For loans to the International Monetary serting instead ‘‘2012’’. (119 Stat. 1144, 1510) is amended— Fund under section 17(a)(ii) and (b)(ii) of the (2) Section 61 of the State Department (1) in paragraph (1) by striking ‘‘expendi- Bretton Woods Agreements Act (Public Law Basic Authorities Act of 1956 (22 U.S.C. 2733) tures’’ each place that it appears and insert- 87–490, 22 U.S.C. 286e–2), as amended by this is amended in subsection (a)(1) by adding ‘‘, ing ‘‘allocations’’; and Act pursuant to the New Arrangements to Pakistan,’’ after ‘‘Iraq’’ each place it ap- (2) in paragraph (2) by striking ‘‘expendi- Borrow, the dollar equivalent of up to pears; by inserting ‘‘, to positions in the Re- ture’’ and inserting ‘‘allocation’’. 75,000,000,000 Special Drawing Rights, to re- sponse Readiness Corps,’’ before ‘‘or to posts SEC. 1202. A recipient and subrecipient of main available until expended, in addition to vacated’’; and, in subsection (a)(2) by strik- funds appropriated in Public Law 111–5 and any amounts previously appropriated under ing ‘‘2008’’ and inserting instead ‘‘2012’’. apportioned pursuant to section 5311 and sec- section 17 of such Act: Provided, That if the (3) Section 625 of the Foreign Assistance tion 5336 (other than subsection (i)(1) and (j)) United States agrees to an expansion of its Act of 1961 (22 U.S.C. 2385) is amended in sub- of title 49, United States Code, may use up to credit arrangement in an amount less than section (j)(1)(A) by adding ‘‘, Pakistan,’’ 10 percent of the amount apportioned for the the dollar equivalent of 75,000,000,000 Special after ‘‘Iraq’’ each place it appears; by insert- operating costs of equipment and facilities Drawing Rights, any amount over the United ing ‘‘, to positions in the Response Readiness for use in public transportation: Provided, States’ agreement shall not be available Corps,’’ before ‘‘or to posts vacated’’; and, in That a grant obligating such funds prior to until further appropriated: Provided further, subsection (J)(1)(B) by striking ‘‘2008’’ and the date of the enactment of this Act may be That the cost of the amounts provided herein inserting instead ‘‘2012’’. amended to allow a recipient and sub- shall be determined as provided under the (e) INCENTIVES FOR CRITICAL POSTS.—Not- recipient to use the funds made available for Federal Credit Reform Act of 1990 (2 U.S.C. withstanding sections 5753(a)(2)(A) and operating assistance: Provided further, That 661 et. seq.): Provided further, That for pur- 5754(a)(2)(A) of title 5, United States Code, such funds are designated as an emergency poses of section 502(5) of the Federal Credit appropriations made available by this or any requirement pursuant to section 403 of S. Reform Act of 1990, the discount rate in sec- other Act may be used to pay recruitment, Con. Res. 13 (111th Congress), the concurrent tion 502(5)(E) shall be adjusted for market relocation, and retention bonuses under resolution on the budget for fiscal year 2010. risks: Provided further, That section 504(b) of chapter 57 of title 5, United States Code to SEC. 1203. Public Law 110–329, under the the Federal Credit Reform Act of 1990 (2 members of the Foreign Service, other than heading ‘‘Project-Based Rental Assistance’’, U.S.C. 661c(b)) shall not apply. chiefs of mission and ambassadors at large, is amended by striking ‘‘project-based who are on official duty in Iraq, Afghanistan, vouchers’’ and all that follows up to the pe- GENERAL PROVISIONS—INTERNATIONAL or Pakistan. This authority shall terminate riod and inserting ‘‘activities and assistance ASSISTANCE PROGRAMS on October 1, 2012. for the provision of tenant-based rental as- SEC. 1301. Section 17 of the Bretton Woods (f) Of the funds appropriated under the sistance, including related administrative Agreements Act (22 U.S.C. 286e–2) is amend- heading ‘‘Foreign Military Financing Pro- expenses, as authorized under the United ed— gram’’ in Public Law 110–161 that are avail- States Housing Act of 1937, as amended (42 (1) in subsection (a)—

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.003 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12904 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; amounts as are provided in advance in appro- and other activities pursuant to sections and priations Acts. 401(c)(4) and 423(a) of S. Con. Res. 13 (111th (B) by adding at the end the following: ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT Congress), the concurrent resolution on the ‘‘(2) In order to carry out the purposes of a OF THE FUND’S GOLD. budget for fiscal year 2010. decision of the Executive Directors of the ‘‘The Secretary of the Treasury is author- GENERAL PROVISION—THIS ACT ized to instruct the United States Executive International Monetary Fund to expand the AVAILABILITY OF FUNDS resources of and make other amendments to Director of the Fund to vote to approve the SEC. 1305. No part of any appropriation the New Arrangements to Borrow, which was sale of up to 12,965,649 ounces of the Fund’s contained in this Act shall remain available established pursuant to the decision of Janu- gold acquired since the second Amendment for obligation beyond the current fiscal year ary 27, 1997 referred to in paragraph (1) of the Fund’s Articles of Agreement in April unless expressly so provided herein. above, the Secretary of the Treasury is au- 1978, only if such sales are consistent with This Act may be cited as the ‘‘Supple- thorized to instruct the United States Exec- the guidelines agreed to by the Executive mental Appropriations Act, 2009’’. utive Director to consent to such amend- Board of the Fund described in the Report of the Managing Director to the International ments, notwithstanding subsection (d) of SA 1132. Mr. INHOFE (for himself, this section, and to make loans, in an Monetary and Financial Committee on a Mr. BARRASSO, Mr. BROWNBACK, Mr. amount not to exceed the dollar equivalent New Income and Expenditure Framework for of 75,000,000,000 Special Drawing Rights, in the International Monetary Fund (April 9, DEMINT, Mr. JOHANNS, Mr. ROBERTS, addition to any amounts previously author- 2008) to prevent disruption to the world gold Mr. THUNE, Mr. VITTER, Mr. SESSIONS, ized under this section and limited to such market. In addition to agreeing to and ac- Mr. COBURN, Mrs. HUTCHISON, Mr. BEN- amounts as are provided in advance in appro- cepting the amendments referred to in sec- NETT, Mr. HATCH, and Mr. ENZI) sub- priations Acts, except that prior to activa- tion 64 of this act relating to the use of pro- mitted an amendment intended to be tion, the Secretary of the Treasury shall re- ceeds from the sale of such gold, the U.S. proposed by him to the bill H.R. 2346, port to Congress as to whether supple- Governor is authorized to take such actions as may be necessary, including those re- making supplemental appropriations mentary resources are needed to forestall or for the fiscal year ending September 30, cope with an impairment of the inter- ferred to in section 5(e) of this act, to also national monetary system and whether the use such proceeds for the purpose of assisting 2009, and for other purposes; which was Fund has fully explored other means of fund- low-income countries, only after the Sec- ordered to lie on the table; as follows: ing, to the Fund under article VII, section retary of the Treasury has consulted with At the appropriate place, insert the fol- 1(i), of the Articles of Agreement of the the chairman and ranking minority member lowing: Fund. Any loan under the authority granted of the Committee on Foreign Relations and SEC. ll. None of the funds appropriated in this subsection shall be made with due re- the Committee on Banking, Housing, and or otherwise made available to any depart- gard to the present and prospective balance Urban Affairs of the Senate and the Com- ment or agency of the United States Govern- of payments and reserve position of the mittee on Financial Services of the House of ment by this Act or any other Act may be United States.’’; and Representatives, and the appropriate sub- obligated or expended for any of the fol- (2) in subsection (b)— committees thereof, at least 60 days prior to lowing purposes: (A) by inserting ‘‘(1)’’ before ‘‘For the pur- any authorization by the United States Ex- (1) To transfer any detainee of the United pose of’’; ecutive Director of distribution of gold sale States housed at Naval Station, Guanta- (B) by inserting ‘‘subsection (a)(1) of’’ proceeds. namo Bay, Cuba, to any facility in the ‘‘after pursuant to’’; and ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE United States or its territories. (C) by adding at the end the following: ARTICLES OF AGREEMENT OF THE (2) To construct, improve, modify, or oth- FUND. erwise enhance any facility in the United ‘‘(2) For the purpose of making loans to the ‘‘The United States Governor of the Fund States or its territories for the purpose of International Monetary Fund pursuant to may agree to and accept the amendment to housing any detainee described in paragraph subsection (a)(2) of this section, there is the Articles of Agreement of the Fund as (1). hereby authorized to be appropriated not to proposed in the resolution numbered 54–4 of (3) To house or otherwise incarcerate any exceed the dollar equivalent of 75,000,000,000 the Board of Governors of the Fund which detainee described in paragraph (1) in the Special Drawing Rights, in addition to any was approved by such Board on October 22, United States or its territories. amounts previously authorized under this 1997.’’. section, except that prior to activation, the SEC. 1303. (a) Not later than 30 days after SA 1133. Mr. INOUYE (for himself, Secretary of the Treasury shall report to enactment of this Act, the Secretary of the Congress as to whether supplementary re- Treasury, in consultation with the Executive Mr. INHOFE, Mr. SHELBY, Mr. BROWN- sources are needed to forestall or cope with Director of the World Bank and the Execu- BACK, Mr. ENZI, and Mr. ROBERTS) pro- an impairment of the international mone- tive Board of the International Monetary posed an amendment to the bill H.R. tary system and whether the Fund has fully Fund (IMF), shall submit a report to the ap- 2346, making supplemental appropria- explored other means of funding, to remain propriate congressional committees detail- tions for the fiscal year ending Sep- available until expended to meet calls by the ing the steps taken to coordinate the activi- tember 30, 2009, and for other purposes; International Monetary Fund. Any payments ties of the World Bank and the IMF to avoid as follows: made to the United States by the Inter- duplication of missions and programs, and Strike section 202 and insert the following: national Monetary Fund as a repayment on steps taken by the Department of the Treas- SEC. 202. (a)(1) None of the funds appro- account of the principal of a loan made ury and the IMF to increase the oversight priated or otherwise made available by this under this section shall continue to be avail- and accountability of IMF activities. Act or any prior Act may be used to transfer, able for loans to the International Monetary (b) For the purposes of this section, the release, or incarcerate any individual who Fund.’’. ‘‘appropriate congressional committees’’ was detained as of May 19, 2009, at Naval Sta- SEC. 1302. The Bretton Woods Agreements means the Committees on Appropriations, tion, Guantanamo Bay, Cuba, to or within Act (22 U.S.C. 286 et seq.) is amended by add- Banking, Housing, and Urban Affairs, and the United States. ing at the end the following: Foreign Relations of the Senate, and the (2) In this subsection, the term ‘‘United ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE Committees on Appropriations, Foreign Af- States’’ means the several States and the ARTICLES OF AGREEMENT OF THE fairs, and Ways and Means of the House of FUND. District of Columbia. Representatives. (b) The amount appropriated or otherwise ‘‘The United States Governor of the Fund (c) In the next report to Congress on inter- made available by title II for the Depart- may agree to and accept the amendments to national economic and exchange rate poli- ment of Justice for general administration the Articles of Agreement of the Fund as cies, the Secretary of the Treasury shall: (1) under the heading ‘‘SALARIES AND EXPENSES’’ proposed in the resolutions numbered 63–2 report on ways in which the IMF’s surveil- is hereby reduced by $30,000,000. and 63–3 of the Board of Governors of the lance function under Article IV could be en- (c) The amount appropriated or otherwise Fund which were approved by such Board on hanced and made more effective in terms of made available by title III under the heading April 28, 2008 and May 5, 2008, respectively. avoiding currency manipulation; (2) report ‘‘OPERATION AND MAINTENANCE, DEFENSE- ‘‘SEC. 65. QUOTA INCREASE. on the feasibility and usefulness of pub- WIDE’’ under paragraph (3) is hereby reduced ‘‘(a) IN GENERAL.—The United States Gov- lishing the IMF’s internal calculations of in- by $50,000,000. ernor of the Fund may consent to an in- dicative exchange rates; and (3) provide rec- crease in the quota of the United States in ommendations on the steps that the IMF can SA 1134. Mr. SHELBY (for himself the Fund equivalent to 4,973,100,000 Special take to promote global financial stability and Mr. ALEXANDER) submitted an Drawing Rights. and conduct effective multilateral surveil- ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- lance. amendment intended to be proposed by thority provided by subsection (a) shall be SEC. 1304. Each amount in this title is des- him to the bill H.R. 246, making supple- effective only to such extent or in such ignated as being for overseas deployments mental appropriations for the fiscal

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.003 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12905 year ending September 30, 2009, and for (5) An assessment of any efforts by al concluded that the September 11, 2001 at- other purposes; which was ordered to Qaeda to recruit detainees released from de- tacks demonstrated that the intelligence lie on the table; as follows: tention at Guantanamo Bay. community had not shown ‘‘sufficient initia- (6) For each detainee listed under para- tive in coming to grips with the new On page 7, line 25 after the ‘‘.’’ insert the graph (1), a threat assessment that in- transnational threats’’. following: ‘‘SEC. 203 None of the funds appro- cludes— (3) By mid-2002, the Central Intelligence priated in this or any other Act shall be used (A) an assessment of the likelihood that Agency had several top al Qaeda leaders in to carry out any of the Department of Jus- such detainee may return to terrorist activ- custody. tice responsibilities required by Executive ity after release or transfer from Guanta- (4) The Central Intelligence Agency be- Orders 13491, 13492 and 13493.’’ namo Bay; lieved that some of these al Qaeda leaders (B) an evaluation of the status of any reha- knew the details of imminent plans for fol- SA 1135. Mr. SHELBY (for himself, bilitation program in such detainee’s coun- low-on attacks against the United States. Mr. ALEXANDER, Mr. GREGG, Mr. BEN- try of origin, or in the country such detainee (5) The Central Intelligence Agency be- NETT, Mrs. HUTCHISON, and Mr. VITTER) is anticipated to be transferred to; and lieved that certain enhanced interrogation submitted an amendment intended to (C) an assessment of the risk posed to the techniques might produce the intelligence be proposed by him to the bill H.R. American people by the release or transfer of necessary to prevent another terrorist at- 2346, making supplemental appropria- such detainee from Guantanamo Bay. tack against the United States. (d) FORM.—The report required under sub- tions for the fiscal year ending Sep- (6) The Central Intelligence Agency sought section (a), or parts thereof, may be sub- legal guidance from the Office of Legal Coun- tember 30, 2009, and for other purposes; mitted in classified form. sel of the Department of Justice as to wheth- which was ordered to lie on the table; (e) LIMITATION ON RELEASE OR TRANSFER.— er such enhanced interrogation techniques, as follows: No detainee detained at the detention facil- including one that the United States mili- On page 4 strike all from line 19 through ity at Guantanamo Bay, Cuba, as of the date tary uses to train its own members in sur- the ‘‘.’’ on page 5, line 5. of the enactment of this Act may be released vival, evasion, resistance, and escape train- or transferred to another country until the ing, would comply with United States and SA 1136. Mr. MCCONNELL proposed President— international law if used against al Qaeda an amendment to the bill H.R. 2346, (1) submits to Congress the first report re- leaders reasonably believed to be planning quired by subsection (a); or making supplemental appropriations imminent attacks against the United States. (2) certifies to the members and commit- (7) The Office of Legal Counsel is the prop- for the fiscal year ending September 30, tees of Congress specified in subsection (b) er authority within the executive branch for 2009, and for other purposes; as follows: that such action poses no threat to the mem- addressing difficult and novel legal ques- On page 31, between lines 3 and 4, insert bers of the United States Armed Forces. tions, and providing legal advice to the exec- the following: utive branch in carrying out official duties. SEC. 315. (a) REPORTS REQUIRED.—Not later SA 1137. Mr. INOUYE proposed an (8) Before mid-2002, no court in the United than 60 days after the date of the enactment amendment to the bill H.R. 2346, mak- States had interpreted the phrases ‘‘severe of this Act and every 90 days thereafter, the ing supplemental appropriations for physical or mental pain or suffering’’ and President shall submit to the members and the fiscal year ending September 30, ‘‘prolonged mental harm’’ as used in sections committees of Congress specified in sub- 2009, and for other purposes; as follows: 2340 and 2340A of title 18, United States Code. section (b) a report on the prisoner popu- (9) The legal questions posed by the Cen- On page 30, line 24, strike all after ‘‘Sec. lation at the detention facility at Guanta- tral Intelligence Agency and other executive 314.’’ through page 31, line 3, and insert in namo Bay, Cuba. branch officials were a matter of first im- lieu thereof: (b) SPECIFIED MEMBERS AND COMMITTEES OF pression, and in the words of the Office of (a) IN GENERAL.—Unless otherwise des- CONGRESS.—The members and committees of ignated, each amount in this title is des- Legal Counsel, ‘‘substantial and difficult’’. Congress specified in this subsection are the ignated as being for overseas deployments (10) The Office of Legal Counsel approved following: and other activities pursuant to sections the use by the Central Intelligence Agency of (1) The majority leader and minority lead- 401(c)(4) and 423(a) of S. Con. Res. 13 (111th certain enhanced interrogation techniques, er of the Senate. Congress), the concurrent resolution on the with specific limitations, in seeking action- (2) The Chairman and Ranking Member on budget for fiscal year 2010. able intelligence from al Qaeda leaders. the Committee on Armed Services of the (b) EXCEPTION.—Subsection (a) shall not (11) The legal advice of the Office of Legal Senate. apply to the amount rescinded in section 308 Counsel regarding interrogation policy was (3) The Chairman and Vice Chairman of the for ‘‘Operation and Maintenance, Air Force’’. reviewed by a host of executive branch offi- Select Committee on Intelligence of the Sen- cials, including the Attorney General, the ate. SA 1138. Mr. DEMINT submitted an Counsel to the President, the Deputy Coun- (4) The Speaker of the House of Represent- amendment intended to be proposed by sel to the President, the General Counsel of atives. him to the bill H.R. 2346, making sup- the Central Intelligence Agency, the General (5) The minority leader of the House of Counsel of the National Security Council, Representatives. plemental appropriations for the fiscal the legal advisor of the Attorney General, (6) The Chairman and Ranking Member on year ending September 30, 2009, and for the head of the Criminal Division of the De- the Committee on Armed Services of the other purposes; which was ordered to partment of Justice, and the Counsel to the House of Representatives. lie on the table; as follows: Vice President. (7) The Chairman and Vice Chairman of the Beginning on page 100, strike line 12 and (12) The majority and minority leaders in Permanent Select Committee on Intelligence all that follows through page 107, line 21. both Houses of Congress, the Speaker of the of the House of Representatives House of Representatives, and the chairmen (c) MATTERS TO BE INCLUDED.—Each report SA 1139. Mr. CORNYN proposed an and vice chairmen of the Select Committee required by subsection (a) shall include the amendment to the bill H.R. 2346, mak- on Intelligence of the Senate and the Perma- following: ing supplemental appropriations for nent Select Committee on Intelligence of the (1) The name and country of origin of each the fiscal year ending September 30, House of Representatives received classified detainee at the detention facility at Guanta- briefings on the legal analysis by the Office namo Bay, Cuba, as of the date of such re- 2009, and for other purposes; as follows: of Legal Counsel and the proposed interroga- port. At the appropriate place, insert the fol- tion program of the Central Intelligence (2) A current summary of the evidence, in- lowing: Agency as early as September 4, 2002. telligence, and information used to justify SEC. ll. SENSE OF THE SENATE. (13) Porter Goss, then-chairman of the Per- the detention of each detainee listed under (a) FINDINGS.—Congress finds the fol- manent Select Committee on Intelligence of paragraph (1) at Guantanamo Bay. lowing: the House of Representatives, recalls that he (3) A current accounting of all the meas- (1) In the aftermath of the September 11, and then-ranking member Nancy Pelosi ‘‘un- ures taken to transfer each detainee listed 2001 attacks, there was bipartisan consensus derstood what the CIA was doing’’, ‘‘gave the under paragraph (1) to the individual’s coun- that preventing further terrorist attacks on CIA our bipartisan support’’, ‘‘gave the CIA try of citizenship or another country. the United States was the most urgent re- funding to carry out its activities’’, and ‘‘On (4) A current description of the number of sponsibility of the United States Govern- a bipartisan basis . . . asked if the CIA need- individuals released or transferred from de- ment. ed more support from Congress to carry out tention at Guantanamo Bay who are con- (2) A bipartisan joint investigation by the its mission against al-Qaeda’’. firmed or suspected of returning to terrorist Select Committee on Intelligence of the Sen- (14) No member of Congress briefed on the activities after release or transfer from ate and the Permanent Select Committee on legal analysis of the Office of Legal Counsel Guantanamo Bay. Intelligence of the House of Representatives and the proposed interrogation program of

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the Central Intelligence Agency in 2002 ob- (b) SENSE OF SENATE.—It is the sense of the tion until September 30, 2010: Provided, That jected to the legality of the enhanced inter- Senate that the Secretary of Defense should the Chief of the National Guard Bureau and rogation techniques, including consult with State and local government of- an appropriate official for each of other re- ‘‘waterboarding’’, approved in legal opinions ficials before making any decision about serve components of the Armed Forces each of the Office of Legal Counsel. where detainees at Naval Station Guanta- shall, not later than 30 days after the date of (15) Using all lawful means to secure ac- namo Bay, Cuba, might be transferred, the enactment of this Act, submit to the tionable intelligence based on the legal guid- housed, or otherwise incarcerated as a result Committee on Armed Services and the Com- ance of the Office of Legal Counsel provides of the implementation of the Executive mittee on Appropriations of the Senate and national leaders a means to detect, deter, Order of the President to close the detention the Committee on Armed Services and the and defeat further terrorist acts against the facilities at Naval Station Guantanamo Bay. Committee on Appropriations of the House United States. of Representatives a report on the mod- (16) The enhanced interrogation techniques SA 1141. Ms. LANDRIEU (for herself, ernization priority assessment for the Na- approved by the Office of Legal Counsel Mrs. HUTCHISON, and Mr. HARKIN) sub- tional Guard and for the other reserve com- have, in fact, accomplished the goal of pro- mitted an amendment intended to be ponents of the Armed Forces, respectively: viding intelligence necessary to defeating Provided further, That the amount under this proposed by her to the bill H.R. 2346, heading is designated as an emergency re- additional terrorist attacks against the making supplemental appropriations United States. quirement and as necessary to meet emer- (17) Congress has previously established a for the fiscal year ending September 30, gency needs pursuant to sections 403(a) and defense for persons who engaged in oper- 2009, and for other purposes; which was 423(b) of S. Con. Res. 13 (111th Congress), the ational practices in the war on terror in good ordered to lie on the table; as follows: concurrent resolution on the budget for fis- faith reliance on advice of counsel that the At the end of title XII, add the following: cal year 2010. practices were lawful. SEC. 1205. REDEVELOPMENT OF HOMES. (RESCISSIONS) (18) The Senate stands ready to work with Section 2301(c)(3) of the Housing and Eco- (a) IN GENERAL.—Of the discretionary the Obama Administration to ensure that nomic Recovery Act of 2008 (42 U.S.C. 5301 amounts (other than the amounts described leaders of the Armed Forces of the United note) is amended— in subsection (b)) made available by the States and the intelligence community con- (1) in subparagraph (C), by adding a semi- American Recovery and Reinvestment Act of tinue to have the resources and tools re- colon at the end; 2009 (123 Stat. 115; Public Law 111–5) that are quired to prevent additional terrorist at- (2) in subparagraph (D), by striking ‘‘and’’ unobligated as the the date of enactment of tacks on the United States. at the end; this Act, $2,000,000,000 is hereby rescinded. (b) SENSE OF SENATE.—It is the sense of the (3) in subparagraph (E), by striking the pe- (b) EXCEPTION.—The rescission in sub- Senate that no person who provided input riod at the end and inserting ‘‘; and’’; and section (a) shall not apply to amounts made into the legal opinions by the Office of Legal (4) by adding at the end the following: available by division A of the American Re- Counsel of the Department of Justice ana- ‘‘(F) redevelop properties damaged or de- covery and Reinvestment Act of 2009 as fol- lyzing the legality of the enhanced interro- stroyed during the period beginning on Janu- lows: gation program, nor any person who relied in ary 1, 2004, and ending on December 31, 2008, (1) Under title III, relating to the Depart- good faith on those opinions, nor any mem- by a major disaster (as defined in section 102 ment of Defense. ber of Congress who was briefed on the en- of the Robert T. Stafford Disaster Relief and (2) Under title VI, relating to the Depart- hanced interrogation program and did not Emergency Assistance Act (42 U.S.C. 5122)).’’. ment of Homeland Security. object to the program going forward should (3) Under title X, relating to Military Con- be prosecuted or otherwise sanctioned. SA 1142. Mr. BAUCUS submitted an struction and Veterans and Related Agen- amendment intended to be proposed by cies. SA 1140. Mr. BROWNBACK proposed (c) ADMINISTRATION.—Not later than 30 an amendment to the bill H.R. 2346, him to the bill H.R. 2346, making sup- days after the date of the enactment of this making supplemental appropriations plemental appropriations for the fiscal Act, the Director of the Office of Manage- for the fiscal year ending September 30, year ending September 30, 2009, and for ment and Budget shall— 2009, and for other purposes; as follows: other purposes; which was ordered to (1) administer the rescission specified in subsection (a); and At the end of title III, add the following: lie on the table; as follows: (2) submit to the Committee on Appropria- SEC. 315. (a) FINDINGS.—The Senate makes At the appropriate place, insert the fol- tions of the Senate and the Committee on the following findings: lowing: (1) In response to written questions from Appropriations of the House of Representa- RELIEF FOR RURAL VETERANS IN CRISIS tives a report specifying the account and the the April 30, 2009, hearing of the Committee PROGRAM on Appropriations of the Senate, the Sec- amount of each reduction made pursuant to For an additional amount for making retary of Defense stated that— the rescission in subsection (a). grants under section 1820(g)(6) of the Social (A) in order to implement the Executive Security Act (42 U.S.C. 1395i–4(g)(6)), SA 1144. Mr. CHAMBLISS (for him- Order of the President to close the detention $20,000,000 to remain available until ex- facility at Naval Station Guantanamo Bay, self, Mr. ISAKSON, and Mr. BURR) sub- pended: Provided, That the amount of Cuba, ‘‘it is likely that we will need a facil- mitted an amendment intended to be $1,500,000,000 under the heading ‘‘Pandemic ity or facilities in the United States in which proposed by him to the bill H.R. 2346, Preparedness and Response’’ under the head- to house’’ detainees; and making supplemental appropriations ing ‘‘National Security Council’’ under the (B) ‘‘[p]ending the final decision on the dis- for the fiscal year ending September 30, heading ‘‘EXECUTIVE OFFICE OF THE position of those detainees, the Department PRESIDENT AND FUNDS APPROPRIATED 2009, and for other purposes; which was has not contacted state and local officials TO THE PRESIDENT’’ under title V shall be ordered to lie on the table; as follows: about the possibility of transferring detain- reduced by $20,000,000 and each of the On page 7, line 25, strike the period at the ees to their locations’’. amounts to be transferred under such head- end and insert ‘‘and, in order for the Depart- (2) The Senate specifically recognized the ing ‘‘Pandemic Preparedness and Response’’ ment of Justice to carry out the responsibil- concerns of local communities in a 2007 reso- shall be reduced by its proportional share of ities required by Executive Orders 13491, lution, adopted by the Senate on a 94–3 vote, the amount of such reduction. 13492, and 13493, it is necessary to enact the stating that ‘‘detainees housed at Guanta- amendments made by section 203. namo should not be released into American SA 1143. Mr. RISCH (for himself, Mr. SEC. 203. IMMIGRATION LIMITATIONS FOR GUAN- society, nor should they be transferred state- TANAMO BAY NAVAL BASE DETAIN- side into facilities in American communities CORNYN, and Mr. BOND) submitted an amendment intended to be proposed by EES. and neighborhoods’’. (a) SHORT TITLE.—This section may be (3) To date, members of the congressional him to the bill H.R. 2346, making sup- cited as the ‘‘Protecting America’s Commu- delegations of sixteen States have sponsored plemental appropriations for the fiscal nities Act’’. legislation seeking to prohibit the transfer year ending September 30, 2009, and for (b) INELIGIBILITY FOR ADMISSION OR PA- to their respective States and congressional other purposes; which was ordered to ROLE.—Section 212 of the Immigration and districts, or other locations in the United lie on the table; as follows: Nationality Act (8 U.S.C. 1182) is amended— States, of detainees at Naval Station Guan- (1) in subsection (a)(3), by adding at the tanamo Bay At the appropriate in title III, insert the end the following: following: (4) Legislatures and local governments in ‘‘(G) GUANTANAMO BAY DETAINEES.—An several States have adopted measures an- NATIONAL GUARD AND RESERVE EQUIPMENT alien who, as of January 1, 2009, was being nouncing their opposition to housing detain- For an additional amount for ‘‘National detained by the Department of Defense at ees at Naval Station Guantanamo Bay in Guard and Reserve Equipment’’, Guantanamo Bay Naval Base, is inadmis- their respective States and localities. $2,000,000,000, to remain available for obliga- sible.’’; and

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(2) in subsection (d)— (B) the entities referred to in subparagraph COMMITTEE ON FOREIGN RELATIONS (A) in paragraph (1), by inserting ‘‘or (A) continue to pose a threat to the United Ms. LANDRIEU. Mr. President, I ask (5)(B)’’; and States and its citizens, both domestically unanimous consent that the Com- (B) in paragraph (5)(B), by adding at the and abroad. mittee on Foreign Relations be author- end the following: ‘‘The Attorney General (2) AUTHORITY.—Congress reaffirms that ized to meet during the session of the may not parole any alien who, as of January the President is authorized to detain enemy 1, 2009, was being detained by the Depart- combatants in connection with the con- Senate on Tuesday, May 19, 2009, at 2 ment of Defense at Guantanamo Bay Naval tinuing armed conflict with al Qaeda, the p.m., to hold a hearing entitled ‘‘Path- Base.’’. Taliban, and associated forces until the ter- ways to a ‘Green’ Global Economic Re- (c) DETENTION AUTHORITY.—Section 241(a) mination of such conflict, regardless of the covery.’’ of the Immigration and Nationality Act (8 place at which they are captured. The PRESIDING OFFICER. Without U.S.C. 1231(a)) is amended— (3) RULE OF CONSTRUCTION.—The authority objection, it is so ordered. (1) by striking ‘‘Attorney General’’ each described in this subsection may not be con- COMMITTEE ON HEALTH, EDUCATION, LABOR, place it appears, except for the first ref- strued to alter or limit the authority of the AND PENSIONS erence in paragraph (4)(B)(i), and inserting President under the Constitution of the ‘‘Secretary of Homeland Security’’; and Ms. LANDRIEU. Mr. President, I ask United States to detain enemy combatants unanimous consent that the Com- (2) by adding at the end the following: in the continuing armed conflict with al ‘‘(8) GUANTANAMO BAY DETAINEES.— Qaeda, the Taliban, and associated forces, or mittee on Health, Education, Labor, ‘‘(A) CERTIFICATION REQUIREMENT.—An in any other armed conflict. and Pensions be authorized to meet alien ordered removed who, as of January 1, during the session of the Senate on 2009, was being detained by the Department f Tuesday, May 19, 2009 at 2:30 p.m. in of Defense at Guantanamo Bay Naval Base, AUTHORITY FOR COMMITTEES TO room 430 of the Dirksen Senate office shall be detained for an additional 6 months beyond the removal period (including any ex- MEET building. The PRESIDING OFFICER. Without tension under paragraph (1)(C)) if the Sec- COMMITTEE ON ARMED SERVICES objection, it is so ordered. retary of Homeland Security certifies that— Ms. LANDRIEU. Mr. President, I ask ‘‘(i) the alien cannot be removed due to the SUBCOMMITTEE ON ANTITRUST, COMPETITION refusal of all countries designated by the unanimous consent that the Com- POLICY, AND CONSUMER RIGHTS alien or under this section to receive the mittee on Armed Services be author- Ms. LANDRIEU. Mr. President, I ask alien; and ized to meet during the session of the unanimous consent that the Senate ‘‘(ii) the Secretary is making reasonable Senate on Tuesday, May 19, 2009, at 9:30 Committee on the Judiciary, Sub- efforts to find alternative means for remov- a.m. committee on Antitrust, Competition ing the alien. The PRESIDING OFFICER. Without Policy, and Consumer Rights, be au- ‘‘(B) RENEWAL AND DELEGATION OF CERTIFI- objection, it is so ordered. CATION.— thorized to meet during the session of ‘‘(i) RENEWAL.—The Secretary may renew a COMMITTEE ON COMMERCE, SCIENCE, AND the Senate, to conduct a hearing enti- certification under subparagraph (A) without TRANSPORTATION tled ‘‘The Discount Pricing Consumer limitation after providing the alien with an Ms. LANDRIEU. Mr. President, I ask Protection Act: Do We Need to Restore opportunity to— unanimous consent that the Com- the Ban on Vertical Price Fixing?’’ on ‘‘(I) request reconsideration of the certifi- mittee on Commerce, Science, and Tuesday, May 19, 2009, at 2:30 p.m., in cation; and Transportation be authorized to meet room SD–226 of the Dirksen Senate of- ‘‘(II) submit documents or other evidence during the session of the Senate on fice building. in support of the reconsideration request. Tuesday, May 19, 2009, at 11 a.m., in The PRESIDING OFFICER. Without ‘‘(ii) DELEGATION.—Notwithstanding sec- tion 103, the Secretary may not delegate the room 253 of the Russell Senate Office objection, it is so ordered. authority to make or renew a certification Building. SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT under this paragraph to an official below the The PRESIDING OFFICER. Without AND THE COURTS level of the Assistant Secretary for Immigra- objection, it is so ordered. Ms. LANDRIEU. Mr. President, I ask tion and Customs Enforcement. COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Senate ‘‘(C) INELIGIBILITY FOR BOND OR PAROLE.— RESOURCES Committee on the Judiciary, Sub- No immigration judge or official of United committee on Administrative Over- States Immigration and Customs Enforce- Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Com- sight and the Courts, be authorized to ment may release from detention on bond or meet during the session of the Senate, parole any alien described in subparagraph mittee on Energy and Natural Re- (A).’’. sources be authorized to meet during to conduct a hearing entitled ‘‘Lev- (d) ASYLUM INELIGIBILITY.—Section the session of the Senate to conduct a eling the Playing Field and Protecting 208(a)(2) of the Immigration and Nationality business meeting on Tuesday, May 19, Americans: Holding Foreign Manufac- Act (8 U.S.C. 1158(a)(2)) is amended by adding 2009, at 2:15 p.m., in room SD–366 of the turers Accountable’’ on Tuesday, May at the end the following: Dirksen Senate Office Building. 19, 2009, at 10 a.m., in room SD–226 of ‘‘(E) GUANTANAMO BAY DETAINEES.—Para- the Dirksen Senate office building. graph (1) shall not apply to any alien who, as The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without of January 1, 2009, was being detained by the objection, it is so ordered. Department of Defense at Guantanamo Bay COMMITTEE ON ENVIRONMENT AND PUBLIC SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Naval Base.’’. WORKS MANAGEMENT, THE FEDERAL WORKFORCE, (e) MANDATORY DETENTION OF ALIENS FROM Ms. LANDRIEU. Mr. President, I ask GUANTANAMO BAY NAVAL BASE.—Section AND THE DISTRICT OF COLUMBIA 236(c)(1) of the Immigration and Nationality unanimous consent that the Com- Ms. LANDRIEU. Mr. President, I ask Act (8 U.S.C. 1226(c)(1)) is amended— mittee on Environment and Public unanimous consent that the Com- (1) in each of subparagraphs (A) and (B), by Works be authorized to meet during mittee on Homeland Security and Gov- striking the comma at the end and inserting the session of the Senate on Tuesday, ernmental Affairs’ Subcommittee on a semicolon; May 19, 2009, at 10 a.m. in room 406 of Oversight of Government Management, (2) in subparagraph (C), by striking ‘‘, or’’ the Dirksen Senate Office Building. and inserting a semicolon; the Federal Workforce, and the Dis- The PRESIDING OFFICER. Without trict of Columbia be authorized to (3) in subparagraph (D), by striking the objection, it is so ordered. comma at the end and inserting ‘‘; or’’; and meet during the session of the Senate (4) by inserting after subparagraph (D) the COMMITTEE ON FOREIGN RELATIONS on Tuesday, May 19, 2009, at 2:30 p.m., following: Ms. LANDRIEU. Mr. President, I ask to conduct a hearing entitled, ‘‘Public ‘‘(A) as of January 1, 2009, was being de- unanimous consent that the Com- Health Challenges in Our Nation’s Cap- tained by the Department of Defense at mittee on Foreign Relations be author- ital.’’ Guantanamo Bay Naval Base.’’. ized to meet during the session of the The PRESIDING OFFICER. Without (f) STATEMENT OF AUTHORITY.— objection, it is so ordered. (1) IN GENERAL.—Congress reaffirms that— Senate on Tuesday, May 19, 2009, at 10 (A) the United States is in an armed con- a.m. SELECT COMMITTEE ON INTELLIGENCE flict with al Qaeda, the Taliban, and associ- The PRESIDING OFFICER. Without Ms. LANDRIEU. Mr. President, I ask ated forces; and objection, it is so ordered. unanimous consent that the Select

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Without time, and passed. operated similar facilities, known as Amer- objection, it is so ordered. f ican Centers, which— f (1) offered classes in English, extensive li- EXPRESSING THE IMPORTANCE OF braries housing collections of American lit- PRIVILEGES OF THE FLOOR PUBLIC DIPLOMACY erature, history, economics, business, and Mr. COCHRAN, Mr. President, I ask Mr. REID. I ask unanimous consent social studies, and reading rooms offering unanimous consent that Lauren Frese that we now proceed to Calendar No. the latest American newspapers, periodicals, and academic journals; and Tom Osterhoudt, who are detailees 56, S. Res. 49. (2) hosted visiting American speakers and assigned to the Committee on Appro- The PRESIDING OFFICER. The scholars on these topics; and priations, be granted floor privileges clerk will report the resolution by (3) ran United States film series on topics during consideration of the fiscal year title. related to American values; 2009 supplemental appropriations bill. The assistant legislative clerk read Whereas in societies in which freedom of The PRESIDING OFFICER. Without as follows: speech, freedom of the press, or local invest- ment in education were minimal, American Objection, it is so ordered. A resolution (S. Res. 49) to express the Centers provided vital outposts of informa- sense of the Senate regarding the importance f tion for citizens throughout the world, giv- of public diplomacy. EXECUTIVE SESSION ing many of them their only exposure to un- There being no objection, the Senate censored information about the United proceeded to consider the resolution. States; EXECUTIVE CALENDAR Mr. REID. I ask unanimous consent Whereas this need for uncensored informa- that the resolution be agreed to, the tion about the United States has accelerated Mr. REID. Mr. President, I ask unan- preamble be agreed to, the motion to as more foreign governments have restricted imous consent that the Senate proceed reconsider be laid on the table, and Internet access or blocked Web sites viewed to executive session to consider Cal- as hostile to their political regimes; that any statements relating to this Whereas following the end of the Cold War endar Nos. 94, 95, 98, and 152; that the resolution be printed in the RECORD. nominations be confirmed en bloc, the and the attacks on United States embassies The PRESIDING OFFICER. Without in Kenya and Tanzania, budgetary and secu- motions to reconsider be laid upon the objection, it is so ordered. rity pressures resulted in the drastic table, no further motions be in order The resolution (S. Res. 49) was agreed downsizing or closure of most of the Amer- and that any statements be printed in to. ican Centers; the RECORD; that the President be im- The preamble was agreed to. Whereas beginning in 1999, American Cen- mediately notified of the Senate’s ac- The resolution, with its preamble, ters began to be renamed Information Re- source Centers and relocated primarily in- tion and the Senate resume legislative reads as follows: session. side United States embassy compounds; S. RES. 49 The PRESIDING OFFICER. Without Whereas of the 177 Information Resource Centers operating in February 2009, 87, or 49 objection, it is so ordered. Whereas public diplomacy is the conduct of foreign relations directly with the average percent, operate on a ‘‘By Appointment The nominations considered and con- citizen of a country, rather than with offi- Only’’ basis and 18, or 11 percent, do not per- firmed en bloc are as follows: cials of a country’s foreign ministry; mit any public access; DEPARTMENT OF ENERGY Whereas public diplomacy is commonly Whereas Information Resource Centers lo- Kristina M. Johnson, of Maryland, to be conducted through people-to-people ex- cated outside United States embassy com- Under Secretary of Energy. changes in which experts, authors, artists, pounds receive significantly more visitors Steven Elliot Koonin, of California, to be educators, and students interact with their than those inside such compounds, including Under Secretary for Science, Department of peers in other countries; twice the number of visitors in Africa, 6 Energy. Whereas effective public diplomacy pro- times more visitors in the Middle East, and Scott Blake Harris, of Virginia, to be Gen- motes free and unfiltered access to informa- 22 times more visitors in Asia; and eral Counsel of the Department of Energy. tion about the United States through books, Whereas Iran has increased the number of newspapers, periodicals, and the Internet; similar Iranian facilities, known as Iranian DEPARTMENT OF THE INTERIOR Whereas public diplomacy requires a will- Cultural Centers, to about 60 throughout the Larry J. Echo Hawk, of Utah, to be an As- ingness to discuss all aspects of society, world: Now, therefore, be it sistant Secretary of the Interior. search for common values, foster a long-term Resolved, That— Mr. REID. Are we now in a period of bilateral relationship based on mutual re- (1) the Secretary of State should initiate a morning business? spect, and recognize that certain areas of reexamination of the public diplomacy plat- The PRESIDING OFFICER. The ma- disagreement may remain unresolved on a form strategy of the United States with a jority leader is correct. short term basis; goal of reestablishing publicly accessible Whereas a BBC World Service poll pub- American Centers; f lished in February 2009 that involved 13,000 (2) after taking into account relevant secu- RONALD REAGAN CENTENNIAL respondents in 21 countries found that while rity considerations, the Secretary of State COMMISSION ACT 40 percent of the respondents had a positive should consider placing United States public view of the United States, 43 percent had a diplomacy facilities at locations conducive Mr. REID. I ask unanimous consent negative view of the United States; to maximizing their use, consistent with the that the Senate proceed to H.R. 131. Whereas Freedom House’s 2008 Global authority given to the Secretary under sec- The PRESIDING OFFICER. The Press Freedom report notes that 123 coun- tion 606(a)(2)(B) of the Secure Embassy Con- clerk will report the bill by title. tries (66 percent of the world’s countries and struction and Counterterrorism Act of 1999 The assistant legislative clerk read 80 percent of the world’s population) have a (22 U.S.C. 4865(a)(2)(B)) to waive certain re- quirements of that Act. as follows: press that is classified as ‘‘Not Free’’ or ‘‘Partly Free’’; f A bill (H.R. 131) to establish the Ronald Whereas the Government of the United Reagan Centennial Commission. Kingdom, of France, and of Germany run 70TH ANNIVERSARY OF THE TRAG- There being no objection, the Senate stand-alone public diplomacy facilities EDY OF THE M.S. ‘‘ST. LOUIS’’ proceeded to consider the bill. throughout the world, which are known as Mr. REID. I ask unanimous consent Mr. REID. I ask unanimous consent the British Council, the Alliance Francaise, that the Judiciary Committee be dis- the bill be read a third time, passed, and the Goethe Institute, respectively; charged from consideration of S. Res. Whereas these government-run facilities the motion to reconsider be laid on the teach the national languages of their respec- 111 and the Senate proceed to its con- table, and that any statements relating tive countries, offer libraries, newspapers, sideration to this matter be printed in the and periodicals, sponsor public lecture and The PRESIDING OFFICER. Without RECORD. film series that engage local audiences in objection, it is so ordered.

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.003 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 12909 The clerk will report the resolution caust and many others suffered under ness about an important historical event, by title. Nazi persecution and in concentration the lessons of which are relevant to current The assistant legislative clerk read camps. and future generations. as follows: S. Res. 111 acknowledges the 70th an- f A resolution (S. Res. 111) recognizing June niversary of the return voyage of the 6, 2009, as the 70th anniversary of the tragic M.S. St. Louis and honors the memory HONORING THE ENTREPRE- date when the M.S. St. Louis, a ship carrying of those passengers including the 254 Jewish refugees from Nazi Germany, re- NEURIAL SPIRIT OF SMALL who died during the Holocaust. The St. BUSINESS turned to Europe after its passengers were Louis is only one tragedy out of mil- refused admittance to the United States. lions from that time, but seventy years Mr. REID. Mr. President, I now ask There being no objection, the Senate later, it still haunts us as a nation and unanimous consent that the Senate proceeded to consider the resolution. deserves recognition. proceed to the consideration of S. Res. Mr. KOHL. Mr. President, today the Mr. REID. I ask unanimous consent 154. Senate remembers a moment in history that the resolution be agreed to, the The PRESIDING OFFICER. The when the United States failed to pro- preamble be agreed to, the motion to clerk will report the resolution by vide refuge to slightly more than 900 reconsider be laid upon the table, with title. individuals fleeing religious and racial no intervening action or debate, and The assistant legislative clerk read persecution in Nazi Germany. S. Res. any statements relating to this matter as follows: 111 acknowledges the 70th anniversary be printed in the RECORD. A resolution (S. Res. 154) honoring the en- of the date, June 6, 1939, when the M.S. The PRESIDING OFFICER. Without trepreneurial spirit of small business con- St. Louis, a German ocean liner, started objection, it is so ordered. cerns in the United States during National its return voyage to Europe with near- The resolution (S. Res. 111) was Small Business Week, beginning May 17, ly all of its original passengers. Later, agreed to. 2009. over 250 of those individuals would per- The preamble was agreed to. There being no objection, the Senate ish in the Holocaust. The resolution, with its preamble, proceeded to consider the resolution. The story starts on May 13, 1939, reads as follows: Mr. REID. Mr. President, I ask unan- when the M.S. St. Louis sailed from S. RES. 111 imous consent that the resolution be Hamburg, Germany, to Havana, Cuba Whereas on May 13, 1939, the ocean liner agreed to, the preamble be agreed to, with 937 passengers, mostly Jewish ref- M.S. St. Louis departed from Hamburg, Ger- the motions to reconsider be laid upon ugees, searching for freedom and safe- many for Havana, Cuba with 937 passengers, the table, there be no intervening ac- ty. State-supported antiSemitism in- most of whom were Jewish refugees fleeing tion or debate, and any statements re- Nazi persecution; lating to this matter be printed in the cluding violent pogroms, expulsion Whereas the Nazi regime in Germany in RECORD. from public schools and services, and the 1930s implemented a program of violent arrest and imprisonment solely be- persecution of Jews; The PRESIDING OFFICER. Without cause of Jewish heritage forced those Whereas the Kristallnacht, or Night of objection, it is so ordered. passengers to leave their homes. Broken Glass, pogrom of November 9 The resolution (S. Res. 154) was When the M.S. St. Louis arrived in through 10, 1938, signaled an increase in vio- agreed to. Havana, the Cuban Government al- lent anti-Semitism; The preamble was agreed to. lowed only 28 passengers to disembark. Whereas after the Cuban Government, on The resolution, with its preamble, May 27, 1939, refused entry to all except 28 reads as follows: Corruption and political maneuvering passengers on board the M.S. St. Louis, the within the Cuban Government invali- M.S. St. Louis proceeded to the coast of S. RES. 154 dated the transit visas of the other pas- south Florida in hopes that the United Whereas the approximately 27,200,000 small sengers. Before returning to Europe, States would accept the refugees; business concerns in the United States are the ship sailed toward Miami hoping Whereas the United States refused to allow the driving force behind the Nation’s econ- for a solution. The ship sailed so close the M.S. St. Louis to dock and thereby pro- omy, creating more than 93 percent of all net to Florida that the passengers could vide a haven for the Jewish refugees; new jobs and generating more than 50 per- see the lights of Miami. One survivor Whereas the Immigration Act of 1924 cent of the Nation’s non-farm gross domestic placed strict limits on immigration; product; remembers his father commenting that Whereas a United States Coast Guard cut- Whereas small businesses play an integral ‘‘Florida’s golden shores, so near, ter patrolled near the M.S. St. Louis to pre- role in rebuilding the Nation’s economy; might as well be 4,000 miles away for vent any passengers from jumping to free- Whereas Congress has emphasized the im- all the good it did them.’’ dom; portance of small businesses by improving The U.S. Immigration and Nation- Whereas following denial of admittance of access to capital through the American Re- ality Act of 1924 strictly limited the the passengers to Cuba, the United States, covery and Reinvestment Act of 2009; number of immigrants admitted to the and Canada, the M.S. St. Louis set sail on Whereas small business concerns are the United States each year and in 1939 the June 6, 1939, for return to Antwerp, Belgium Nation’s innovators, serving to advance with the refugees; and technology and productivity; waiting list for German-Austrian im- Whereas 254 former passengers of the M.S. Whereas small business concerns represent migration was several years long. St. Louis died under Nazi rule: Now, there- 97 percent of all exporters and produce 29 While the press and citizens were large- fore, be it percent of exported goods; ly sympathetic to the passengers’ Resolved, That the Senate— Whereas Congress established the Small plight, no extraordinary measures were (1) recognizes that June 6, 2009, marks the Business Administration in 1953 to aid, coun- taken to permit the refugees to enter 70th anniversary of the tragic date when the sel, assist, and protect the interests of small the United States. The passengers were M.S. St. Louis returned to Europe after its business concerns in order to preserve free told that they must ‘‘await their turns passengers were refused admittance to the and competitive enterprise, to ensure that a United States and other countries in the fair proportion of the total purchases, con- on the waiting list and qualify for and Western Hemisphere; tracts, and subcontracts for property and obtain immigration visas.’’ (2) honors the memory of the 937 refugees services for the Federal Government are On June 6, 1939, the M.S. St. Louis aboard the M.S. St. Louis, most of whom placed with small business concerns, to sailed back to Europe with nearly all of were Jews fleeing Nazi oppression, and 254 of make certain that a fair proportion of the its original passengers. The passengers whom subsequently died during the Holo- total sales of Government property are made obtained refuge in Great Britain, the caust; to such small business concerns, and to Netherlands, Belgium, and France. (3) acknowledges the suffering of those ref- maintain and strengthen the overall econ- World War II started 3 months later ugees caused by the refusal of the United omy of the Nation; States, Cuban, and Canadian governments to Whereas the Small Business Administra- and those countries, with the exception provide them political asylum; and tion has helped small business concerns with of Great Britain, fell to Nazi occupa- (4) recognizes the 70th anniversary of the access to critical lending opportunities, pro- tion. Two hundred and fifty-four of M.S. St. Louis tragedy as an opportunity for tected small business concerns from exces- those passengers died during the Holo- public officials and educators to raise aware- sive Federal regulatory enforcement, played

VerDate Mar 15 2010 08:23 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR09\S19MY9.003 S19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12910 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 10 May 19, 2009 a key role in ensuring full and open competi- (D) reforms to the disaster loan program of ADJOURNMENT UNTIL 9:30 A.M. tion for Government contracts, and im- the Small Business Administration are im- TOMORROW proved the economic environment in which plemented as quickly as possible; small business concerns compete; (E) tax policy spurs small business growth, Mr. REID. Mr. President, if there is Whereas for over 50 years, the Small Busi- creates jobs, and increases competitiveness; no further business to come before the ness Administration has helped millions of (F) the Federal Government reduces the Senate, I ask unanimous consent that entrepreneurs achieve the American dream regulatory compliance burden on small busi- it stand adjourned under the previous of owning a small business concern and has nesses; and order. played a key role in fostering economic (G) broader health reforms efforts address There being no objection, the Senate, growth; and the specific needs of small businesses and the self-employed in providing quality and af- at 7:33 p.m., adjourned until Wednes- Whereas the President has designated the day, May 20, 2009, at 9:30 a.m. week beginning May 17, 2009, as ‘‘National fordable health insurance coverage to their employees. Small Business Week’’: Now, therefore, be it f Resolved, That the Senate— f (1) honors the entrepreneurial spirit of ORDERS FOR WEDNESDAY, MAY 20, NOMINATIONS small business concerns in the United States 2009 Executive nomination received by during National Small Business Week, begin- the Senate: ning May 17, 2009; Mr. REID. Mr. President, I ask unan- (2) applauds the efforts and achievements imous consent that when the Senate DEPARTMENT OF STATE of the owners of small business concerns and completes its business today, it ad- PHILIP L. VERVEER, OF THE DISTRICT OF COLUMBIA, their employees, whose hard work and com- journ until 9:30 a.m. tomorrow, May 20; FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS DEPUTY ASSISTANT SECRETARY OF STATE mitment to excellence have made them a that following the prayer and pledge, FOR INTERNATIONAL COMMUNICATIONS AND INFORMA- key part of the Nation’s economic vitality; the Journal of proceedings be approved TION POLICY IN THE BUREAU OF ECONOMIC, ENERGY, AND BUSINESS AFFAIRS AND U.S. COORDINATOR FOR (3) recognizes the work of the Small Busi- to date, the morning hour be deemed INTERNATIONAL COMMUNICATIONS AND INFORMATION ness Administration and its resource part- expired, the time for the two leaders be POLICY. ners in providing assistance to entrepreneurs reserved for their use later in the day, and small business concerns; and and the Senate resume consideration of f (4) strongly urges the President to take H.R. 2346, the supplemental appropria- steps to ensure that— CONFIRMATIONS (A) the applicable procurement goals for tions bill, as provided for under the previous order. Executive nominations confirmed by small business concerns, including the goals the Senate, Tuesday, May 19, 2009: for small business concerns owned and con- The PRESIDING OFFICER. Without trolled by service-disabled veterans, small objection, it is so ordered. COMMODITY FUTURES TRADING COMMISSION business concerns owned and controlled by f GARY GENSLER, OF MARYLAND, TO BE A COMMIS- women, HUBZone small business concerns, SIONER OF THE COMMODITY FUTURES TRADING COMMIS- PROGRAM SION FOR A TERM EXPIRING APRIL 13, 2012. and socially and economically disadvantaged GARY GENSLER, OF MARYLAND, TO BE CHAIRMAN OF small business concerns, are reached by all Mr. REID. Mr. President, under the THE COMMODITY FUTURES TRADING COMMISSION. Federal agencies; previous order, there will be up to 2 DEPARTMENT OF ENERGY (B) guaranteed loans, microloans, and ven- hours for debate in relation to the KRISTINA M. JOHNSON, OF MARYLAND, TO BE UNDER ture capital, for start-up and growing small Inouye amendment regarding funding SECRETARY OF ENERGY. business concerns, are made available to all with respect to detainees at the Naval STEVEN ELLIOT KOONIN, OF CALIFORNIA, TO BE qualified small business concerns; UNDER SECRETARY FOR SCIENCE, DEPARTMENT OF EN- Station in Guantanamo Bay, Cuba, ERGY. (C) the management assistance programs prior to a vote in relation to the SCOTT BLAKE HARRIS, OF VIRGINIA, TO BE GENERAL delivered by resource partners on behalf of COUNSEL OF THE DEPARTMENT OF ENERGY. amendment. Senators should expect the Small Business Administration, such as DEPARTMENT OF THE INTERIOR the first vote of the day to begin small business development centers, wom- LARRY J. ECHO HAWK, OF UTAH, TO BE AN ASSISTANT en’s business centers, veterans business out- around 11:30 a.m. tomorrow. Under rule SECRETARY OF THE INTERIOR. reach centers, and the Service Corps of Re- XXII, the filing deadline for first-de- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- tired Executives, are provided with the Fed- gree amendments to H.R. 2346 is 1 p.m. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY eral resources necessary to do their jobs; tomorrow. CONSTITUTED COMMITTEE OF THE SENATE.

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RECOGNIZING THE MID AMERICA lations to Mr. Herman K. Williams on the occa- RECOGNIZING THE INPATIENT CROPLIFE ASSOCIATION 50TH AN- sion of his retirement from The Family Chris- REHABCARE TEAM AT THE VIR- NIVERSARY tian Association of America, Inc (FCAA) as the GINIA REGIONAL MEDICAL CEN- Founder and President/CEO. Mr. Williams can TER HON. PETER J. ROSKAM look back on a proud career of service and OF ILLINOIS distinction in community leadership. A native of Arcadia, Florida, Mr. Williams HON. JAMES L. OBERSTAR IN THE HOUSE OF REPRESENTATIVES moved to South Florida at an early age. He OF MINNESOTA Tuesday, May 19, 2009 graduated from Miami Northwestern Senior IN THE HOUSE OF REPRESENTATIVES Mr. ROSKAM. Madam Speaker, I rise today High School in 1961. A talented athlete and to honor the Mid America CropLife Association scholar, Mr. Williams received scholarships in Tuesday, May 19, 2009 (MACA) on its recent 50th Anniversary. both athletics and academics. During his early Founded in 1958 by Herbert Woodbury, Porter college years, he was drafted by the Army, but Mr. OBERSTAR. Madam Speaker, I rise Wiliams, Robert Yapp, Harold Howard, Doug opted for the United States Air Force, where today to commend the Inpatient RehabCare Nelson, Wally Smith, and G. E. Zackert, he served a tour of duty in Europe. While in team at the Virginia Regional Medical Center MACA has represented the agricultural chem- military service, he was involved in rec- for their safety education and outreach to Min- ical companies of the Midwest whose products reational and sporting activities, often spear- nesota’s youth. In addition to their outstanding help feed the world. heading leagues. Mr. Williams attended South work at the Medical Center, the RehabCare From humble beginnings MACA has led the Carolina State University and Florida Memorial team educates elementary school students industry for 5 decades in growing member- College, where he obtained a Bachelor’s De- throughout Virginia of the tremendous health ship, developing industry safety guidelines, gree in physical education. He also attended risks associated with riding a bicycle without a and educating our youth on the processes that Nova Southeastern University, where he stud- helmet. ied public administration. feed the world. They recognize the importance of educating In 1970, Mr. Williams began working with Madam Speaker, since its creation, MACA our youth during their formative years—at the the YMCA of Greater Miami as the Executive age when they are most receptive—of the has incorporated membership from basic man- Director of the G.W. Carver Branch, and later possible life-altering brain injuries that could ufacturers, distributors, formulators, and allied became the Senior Vice President for Oper- result from not wearing a helmet while riding industry representatives. Having input from ations. Following his vision of helping youths such a broad membership, MACA has been and their families, he founded The Family a bicycle. an industry leader in creating guidelines for Christian Association of America, Inc. (FCAA) In particular, Madam Speaker, I wish to laud agriculture safety and the crop protection in- in February 1984 where he served as the the Inpatient RehabCare team in their most re- dustry. MACA’s dedication is so apparent they President/CEO. Under his leadership, FCAA cent outreach to fourth grade students at Roo- have developed member guidelines and provides a variety of services and programs sevelt Elementary School in Virginia. standards above and beyond those required that serve youth and families in Miami-Dade, Each fourth grade class participated in a by the Environmental Protection Agency and Broward, Brevard, Alachua, and Highlands safety awareness session where they learned Department of Transportation. Counties. Some of the programs include Head about the lasting consequences of brain inju- In addition to their industry development, Start and Early Head Start Child Development, ries and the importance of wearing bicycle hel- MACA has reached out to our local commu- after school care, youth development, sports, mets. nities by speaking at local elementary schools and the Black Achievers of Excellence pro- Students received real-life simulations of to educate children on the process of agri- gram. culture from the farm to our table. In my com- Mr. Williams founded the Florida Consortium what their lives would be like with such brain munity MACA participants reached out to the of Black Faith Based Organizations, Inc. injuries, demonstrating the difficulty of every- 4th and 5th grade classes at Central Elemen- (FCOBFBO), which is a statewide organization day tasks and making a lasting impression on tary in Des Plaines. Since the inception of the that supports and enhances the efforts of its the students on the importance of taking safe- MACA’s CropLife Ambassador Network, over members to affect economic social and policy ty precautions when riding a bicycle. 25,000 students have been provided scientif- changes in their communities, in 1999. He Such hands-on scenarios—combined with ically based information regarding the safety served as the Chairman/CEO. the team’s helmet safety information and their and value of American agricultural food pro- In an effort to complement his professional direct experience with assisting patients who duction. achievements, Mr. Williams is involved with have suffered brain trauma—provided these From its modest start to its present day ros- various organizations such as past Board elementary students with invaluable life les- ter of members on the Fortune 500, MACA Chairman of the Florida Industries Credit sons in bicycle safety and the severity of brain has been a voice for agriculture and the agri- Union, member of Zeta Royal Center Advisory injuries. cultural chemical professionals who serve Board, Society of Human Resource Manage- It is vital that we teach our children about those who feed the world. I congratulate ment, National Society of Fundraising Execu- the many benefits of active and healthy trans- MACA on this achievement and wish them an- tives, American Compensation Association, portation and recreation through cycling; and other successful fifty years. and Miami-Dade United Way Agency Re- safety education must go hand-in-hand with f source Management Committee. This public these lessons. servant is married to Mrs. Mary E. Williams. CONGRATULATING HERMAN K. Mr. Herman K. Williams is an outstanding The RehabCare team’s effective outreach to WILLIAMS American worthy of our collective honor and children is noteworthy and ought to be rep- appreciation. It is with deep respect and admi- licated throughout the nation. Their work—and ration that I commend Mr. Williams for over 25 the work of similar groups in the United HON. KENDRICK B. MEEK States—is deserving of our recognition and OF FLORIDA years of dedicated services to the community, continued support. IN THE HOUSE OF REPRESENTATIVES and wish him and his family the very best in retirement. Now, in retirement, he embarks I thank the Virginia Medical Center’s Inpa- Tuesday, May 19, 2009. upon new challenges in life and I am certain tient RehabCare team for their inspiring lead- Mr. MEEK of Florida. Madam Speaker, I am his legacy of greatness will only grow and de- ership and dedicated work to instill in our chil- pleased to recognize and extend my congratu- velop as he enters this new phase of life. dren a lifetime of bicycle safety habits.

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

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12912 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 HONORING DONALD GUIMOND sary of the birth of Mustafa Kemal Ataturk, the PERSONAL EXPLANATION founder of modern Turkey. Ataturk was a HON. MICHAEL H. MICHAUD unique and inspirational figure who laid the HON. J. GRESHAM BARRET OF MAINE foundation for the Republic of Turkey. He was OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES a post World War I revolutionary leader who IN THE HOUSE OF REPRESENTATIVES Tuesday, May 19, 2009 understood that Islam and modernity are not Tuesday, May 19, 2009 inconsistent—an important factor to reinforce Mr. MICHAUD. Madam Speaker, I rise Mr. BARRETT of South Carolina. Madam today to recognize the accomplishments of today with democratic leaders throughout the Speaker, unfortunately I missed recorded Donald Guimond, Town Manager of Fort Kent, Muslim world. votes on the House floor on Monday, May 18, Maine. By any measure, Ataturk was an historic re- 2009. On May 1, 2008, the town of Fort Kent suf- former. In the space of two decades, he built Had I been present, I would have voted fered from severe flooding that impacted busi- the nation of Turkey from the ashes of the ‘‘aye’’ on Rollcall vote 267 (Motion to suspend nesses, apartments, homes and elderly hous- Ottoman Empire—a nation that was based on the rules and Agree to H. Res. 300), ‘‘nay’’ on ing. Mr. Guimond oversaw an orderly evacu- Rollcall vote 268 (Motion to Suspend the ation and quick response by emergency secular principles and with a foundation that was fertile for democracy to take root and Rules and Agree to S. 386), ‘‘aye’’ on Rollcall teams. Despite working without sleep for more vote 269 (Motion to Suspend the Rules and prosper. He held true to his fundamental vi- than thirty six hours, Mr. Guimond always Agree to H. Res. 442). sion for his overwhelmingly Muslim nation, knew which residents and businesses had f been impacted, where individuals sought shel- namely that it be guided by two overarching ter, and what further assistance was nec- concepts: secularism and progress. Just as is HONORING ANDREA MACKENZIE essary. His well-coordinated reaction pre- the case today, he understood that advances vented serious injury and the loss of life. in science and technology would enhance the HON. LYNN C. WOOLSEY Mr. Guimond continued to show his dedica- nation and the Turkish people. OF CALIFORNIA tion to the residents of Fort Kent long after the IN THE HOUSE OF REPRESENTATIVES flood waters receded. Through his efforts, the To enable Turkey to reap the benefits of town provided the space necessary for dis- such advances, he set about enacting major Tuesday, May 19, 2009 aster assistance teams from the Federal reforms in all aspects of Turkish life—political, Ms. WOOLSEY. Madam Speaker, I, along Emergency Management Agency, the Small cultural, legal, educational, and economic all with my colleague Congressman MIKE THOMP- Business Administration and other entities. He with an eye toward creating the architecture of SON, rise today to honor a dedicated and be- and his staff coordinated an effort to provide the new Turkish nation that would raise it to loved advocate for preserving both agriculture emergency heaters to residents whose fur- the level of what Ataturk referred to as ‘‘con- and the environment of Sonoma County, Cali- naces were damaged by the disaster. He temporary civilization.’’ These reforms touched fornia. Andrea Mackenzie is leaving the played an active role in the town’s Long-term on all aspects of Turkish society from abol- Sonoma County Agricultural Preservation and Recovery Committee, making sure that resi- ishing the caliphate, recognizing equal rights Open Space District, and we celebrate her 12 dents and business owners applied for the as- for men and women, replacing the Arabic al- productive years, especially the last eight sistance that they needed and that the town is years as General Manager. phabet with Latin letters, and instituting sec- ready to respond to ongoing issues which Andrea was born in upstate New York and ular law to reforming traditional styles of dress have arisen from the flood. The Small Busi- grew up in Los Angeles. She earned a Bach- ness Administration has recognized Mr. and mandating surnames. elor’s Degree in Environmental Studies from Guimond’s significant contributions by pre- Ataturk was an impatient reformer. His han- the University of California at Santa Barbara senting him the Phoenix Award for Disaster dling of the reform of the alphabet is one ex- and a Master’s Degree in Urban Planning and Recovery as a Public Official. ample of his impatience. The language com- Natural Resources from the University of Cali- Madam Speaker, please join me in recog- mission he appointed to review the reform rec- fornia at Los Angeles. nizing Mr. Guimond’s dedication to the resi- ommended that the alphabet reforms be With her love of both the coast and the rug- dents of Fort Kent, Maine. phased in over a fifteen year period. Ataturk ged mountains of the High Sierra, it is no sur- prise that Andrea worked for over 25 years in f had a much different timeframe in mind. He land use and conservation-related positions, set about traveling throughout the country, PERSONAL EXPLANATION including the East Bay and San Francisco personally instructing crowds in the new al- where she began to develop a focus on col- HON. SAM GRAVES phabet, and within six months he had accom- laborative public/private projects and regional OF MISSOURI plished his goal. With the acceptance of the approaches. She also loves walkable commu- IN THE HOUSE OF REPRESENTATIVES Latin alphabet, millions of Turks would be nities, old barns, hiking and kayaking, country Tuesday, May 19, 2009 poised to turn westward for their second lan- rock, and nature writers. guages and the learning to which those lan- Andrea first served the Sonoma County Ag- Mr. GRAVES. Madam Speaker, I would like ricultural Preservation and Open Space Dis- to state for the record my position on the fol- guages are the key. trict as project manager for the strategic con- lowing votes I missed due to personal rea- Ataturk championed women’s rights, encour- servation plan update, creating documents sons. aging them to pursue careers as doctors, law- that have become models for other public land On Monday May 19, 2009 I missed rollcall yers, scientists, writers and politicians. He did votes 267, 268, and 269. Had I been present, conservation agencies. In 2000, she was ap- so because he wisely understood that by pointed General Manager by the Board of Su- I would have voted ‘‘yea’’ on those rollcall doing so he was unleashing the talents of all votes. pervisors. Turks and thereby making the nation stronger. The mission of the District is to ‘‘perma- f Because of his vision and determination, Tur- nently protect the diverse agricultural, natural 128TH ANNIVERSARY OF THE key is today a strong and vibrant democracy resource and scenic open space lands of BIRTH OF KEMAL ATATURK and a model for others in the Islamic world to Sonoma County for future generations.’’ Fund- FOUNDER OF MODERN TURKEY emulate. ed by a quarter cent sales tax, it is the only such district in the state of California and is Madam Speaker, it is my hope that Muslim HON. VIRGINIA FOXX overwhelmingly supported by Sonoma Coun- leaders throughout the region will reacquaint ty’s residents. OF NORTH CAROLINA themselves with Ataturk’s revolutionary leader- IN THE HOUSE OF REPRESENTATIVES Andrea helped direct the 2006 campaign to ship and take inspiration in the courageous re- renew the sales tax, which passed overwhelm- Tuesday, May 19, 2009 forms he undertook more than seventy years ingly. Voters value the organization’s mission Ms. FOXX. Madam Speaker, I rise today, ago so that they too can preside over nations and its programs including: matching grants to May 19, to commemorate the 128th anniver- that are secular, democratic and prosperous. partner with local cities and agencies for land

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12913 acquisition, preservation and enhancement; into the abyss of 1930 to 1933—for two main some of it should be withdrawn before it’s stewardship in managing these lands and var- reasons. too late. On the fiscal side, many of President ious easements to protect them, as well as to First, our economy has many built-in safe- guards that did not exist back then—like un- Obama’s critics are complaining vociferously allow for public access; land leases to local employment insurance, Social Security and about the huge federal budget deficits. Try growers; and public and educational outings, federal deposit insurance, to name just to ignore, if you can, the sheer hypocrisy of including a focus on underserved populations. three. These programs serve as safety nets many Congressional Republicans who, hav- Andrea has played a key role in developing that cushion the fall. And while they are cer- ing never uttered a peep about the huge defi- these programs as well as increasing the tainly not strong enough to prevent reces- cits under George W. Bush, are suddenly amount of open space from 25,000 acres to sions, they should be enough to prevent an- models of budget probity. But whatever the other depression. motives, the worries of today’s deficit hawks 75,000 acres (including 33,000 acres of farm- sound eerily reminiscent of Roosevelt in 1936 land). The more important reason is that Barack Obama, Timothy F. Geithner and Ben S. and 1937. In 2007, in testament to Andrea’s manage- Fortunately, Mr. Bernanke is a keen stu- Bernanke are not Herbert Hoover, Andrew dent of the Great Depression who will not ment, the District was selected for the National Mellon and Eugene Meyer. (Who’s that? Mr. allow the Fed to repeat the errors of 1936–37. Leadership in Conservation Award from the Meyer was the Federal Reserve chairman National Association of Counties (NACo) and But his critics, both inside and outside the from September 1930 to May 1933.) In stark Fed, are already branding his policies as dan- the Trust for Public Land in Washington, D.C. contrast to the laissez-faire crowd that ruled gerously inflationary, and no Fed chairman She was also one of 36 Fellows selected to the roost in 1930 and 1931, our current eco- wants to be called an inflationist. participate in the National Conservation Lead- nomic leaders are not waiting for the sag- Similarly, I hope and believe that Presi- ership Institute program, is a member of the ging economy to right itself. Rather, they dent Obama will not transform himself from Executive Committee and future President of have taken numerous extraordinary steps al- the spendthrift Roosevelt of 1933 to the def- ready—and stand ready to do more if nec- the Bay Area Open Space Council and served icit-hawk Roosevelt of 1936—at least not essary. until the economy is back on solid ground. on the both the Urban Rural Roundtable That’s the good news. But even if another That said, a growing flock of budget hawks (formed by San Francisco Mayor Gavin depression is next to impossible, there is still are already showing their talons. They will Newsom to create a Bay Area Regional Food the danger that next year, or the year after, have their day—but please, not yet. System) and on the Statewide Watershed Ad- might turn into 1936. Let me explain. To avoid a replay of the policy disasters of visory Committee. From its bottom in 1933 to 1936, the G.D.P. 1936–37, both the Fed and our elected officials Madam Speaker, Andrea Mackenzie’s com- climbed spectacularly (albeit from a very must stay the course. Mark Twain once ex- plained that, while history does not repeat bination of visionary and practical leadership low base), averaging gains of almost 11 per- cent a year. But then, both the Fed and the itself, it often rhymes. We don’t want any has ma e the Sonoma County Agricultural administration of Franklin D. Roosevelt re- rhymes just now. Preservation and Open Space District a vital versed course. f player in our community. Sonoma County In the summer of 1936, the Fed looked at could have gone the way of other growing the large volume of excess reserves piled up TAIWAN PRESIDENT MA YING- counties in California with sprawl from end to in the banking system, concluded that this JEOU’S FIRST ANNIVERSARY OF end. Instead, it remains blessed with green mountain of liquidity could be fodder for fu- HIS INAUGURATION open space, productive agriculture, and many ture inflation, and began to withdraw it. unique and intact ecosystems. We thank her This tightening of monetary policy contin- ued into 1937, in a weak economy that was HON. ALCEE L. HASTINGS for her great contributions to our children’s ill-prepared for it. OF FLORIDA natural inheritance and wish her luck in her About the same time, President Roosevelt IN THE HOUSE OF REPRESENTATIVES new position where she will be continuing her looked at what seemed to be enormous fed- Tuesday, May 19, 2009 good work closer to her family. eral budget deficits, concluded that it was Mr. HASTINGS of Florida. Madam Speaker, f time to put the nation’s fiscal house in order and started raising taxes and reducing spend- Taiwan’s President Ma Ying-jeou will mark his ‘‘HOW TO AVOID A BAD DOUBLE ing. This tightening of fiscal policy trans- first year anniversary in office on May 20, DIP’’ formed the federal budget from a deficit of 2009. 3.8 percent of G.D.P. in 1936 to a surplus of Under President Ma’s leadership, Taiwan 0.2 percent of G.D.P. in 1937—a swing of four has become an observer at the World Health HON. BARNEY FRANK percentage points in a single year. (Today, a Assembly (WHA) in Geneva, Switzerland. By OF MASSACHUSETTS swing that large would be almost $600 bil- enabling Taiwan to participate in this part of IN THE HOUSE OF REPRESENTATIVES lion.) the World Health Organization (WHO), the Tuesday, May 19, 2009 Thus, both monetary and fiscal policies did health of 23 million Taiwanese people can an abrupt about-face in 1936 and 1937, and the benefit from what will be learned at the WHA. Mr. FRANK of Massachusetts. Madam consequences were as predictable as they Historically, China has blocked Taiwan’s ac- Speaker, Alan Blinder is a man of great intel- were tragic. The United States economy, cess to this very important forum, and through ligence, excellent judgment, and considerable which had been rapidly climbing out of the President Ma’s effective diplomacy, Taiwan experience in both making and analyzing na- cellar from 1933 to 1936, was kicked rudely down the stairs again, and America experi- has ended a 38 year absence from the WHA. tional economic policy. In this article from last enced the so-called recession within the de- Madam Speaker, President Ma has also Sunday’s New York Times, he draws on all of pression. Real G.D.P. contracted 3.4 percent taken great strides in improving Taiwan’s rela- these qualities to give us some excellent ad- from 1937 to 1938; the total G.D.P. decline tionship with China. Taiwan and China now vice. I can think of no more relevant subject during the recession, which lasted from mid- have direct flights back and forth to each for my colleagues to contemplate as we deal 1937 to mid-1938, was even larger. country. This was unheard of before President with important economic choices. The moral of the story should be clear: Ma took office and travelers were previously [From the New York Times, May 17, 2009] Prematurely changing fiscal and monetary policies—from stepping hard on the accel- required to make an inconvenient stop at an- IT’S NO TIME TO STOP THIS TRAIN erator to slamming on the brake—can be other airport and switch planes before these (By Alan S. Blinder) hazardous to the economy’s health. direct flights were available. Contrary to what you may have heard from Wow, we’ve learned a lot since the ’30s, Furthermore, China has given Taiwan two of some doomsayers, 2009 is not 1930 redux. right? Well, maybe not. For the echoes of its prized Pandas. Pandas are extremely rare What we must guard against, instead, is 2010 1936 are being heard right now, even before and very important to the Chinese culture, and or 2011 becoming another 1936. the current recession hits bottom. the amicable trade between the two countries Realistically, there is little danger that If you’ve been paying attention, you know is a positive indication for building a cordial re- the economy is heading toward a repeat per- that a number of critics of the Fed are lationship between the two nations. These and formance of the Great Depression—when real sounding alarms over the huge stockpile of gross domestic product in the United States excess reserves it has created—more than other efforts by President Ma are helping the declined 27 percent and unemployment $775 billion at last count. What these critics two neighbors enter a time of peace, security soared to 25 percent. What we have is bad are fretting about now is exactly what and stability. enough: our worst recession since the 1930s. goaded the Fed into action in 1936: that the Madam Speaker, the United States and Tai- But unless our leaders behave unbelievably vast pool of loose money will ultimately be wan continue to share a strong bilateral rela- foolishly, we will not repeat the tragic slide inflationary. The clear inference is that tionship. As a member of the Congressional

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12914 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 Taiwan Caucus, I congratulate President Ma extraordinary people associated with ADA’s have more than doubled in the last three on a very successful first year in office and history. I say today, she is one of them. years, and massive new corporate fraud look forward to continuing to work in making f schemes continue to be uncovered. Congress sure that our relations are preserved and and the President are committed to protecting strengthened. A TRIBUTE TO ALFREDA DUMOND the American consumer and getting our econ- f omy back on track, and fighting these abuses HON. MICHAEL H. MICHAUD is an integral part of this effort. COMMENDING AMY ISAACS, NA- OF MAINE It will also establish the Financial Crisis In- TIONAL DIRECTOR OF AMERI- quiry Commission, which will examine the CANS FOR DEMOCRATIC ACTION IN THE HOUSE OF REPRESENTATIVES Tuesday, May 19, 2009 causes and factors that led to the worst finan- cial crisis since the Great Depression. The HON. JIM McDERMOTT Mr. MICHAUD. Madam Speaker, it is my Commission’s recommendations will help in- OF WASHINGTON honor to congratulate Alfreda Dumond of Fort form Congress as we move forward with com- IN THE HOUSE OF REPRESENTATIVES Kent, Maine, who has been named ‘‘Mother of mon sense reforms to prevent these crises Tuesday, May 19, 2009 the Year’’ by the Ladies of St. Anne. Mrs. from happening in the future. Dumond is well known for her strong commit- Mr. MCDERMOTT. Madam Speaker, I rise The Fraud Enforcement and Recovery Act to commend Amy Isaacs, National Director of ment and dedication to her church and to her of 2009 includes a clear commitment to fight- Americans for Democratic Action, on the occa- family. ing waste, fraud and abuse—a commitment sion of her retirement. Alfreda Dumond’s sole occupation is being that has become a hallmark of this Congress. For 20 years Amy has led ADA, the nation’s a housewife and a mother. She was married We are working with the President every day most experienced organization dedicated to for over 44 years, and raised five girls and two to rebuild our economy in a way that is con- liberal policies, liberal politics and a liberal fu- boys. A devoted mother who centered her life sistent with our values of hard work, responsi- ture. ADA was founded by Eleanor Roosevelt, on her family, she raised her children with bility and broadly shared prosperity. I urge my John Kenneth Galbraith, Walter Reuther, Ar- strong values and morals, and believed in colleagues to join me to continue this work. thur Schlesinger, and Reinhold Niebuhr shortly being an example for them to follow. f after FDR died. Its goal then was to keep the Alfreda devoted her life to making her home TRIBUTE TO THE CALIFORNIA New Deal dream—its vision and its values of a place where her children, grandchildren and SCHOOL FOR THE DEAF an America that works fairly for all—alive for great grandchildren love to visit. Her daughter, generations to come. Linda, mentions that her house is her castle, Under Amy’s leadership, ADA has never for- so carefully maintained that guests would HON. FORTNEY PETE STARK gotten its long history and never wavered from often remark that ‘‘the house is so clean that OF CALIFORNIA those core liberal values. She began her ca- we can actually eat off the floor.’’ And what a IN THE HOUSE OF REPRESENTATIVES wonderful cook she is—known for her molas- reer at ADA as an intern in 1969 and has Tuesday, May 19, 2009 moved through the ranks serving as Director ses cookies, her old fashioned spaghetti, her of Organization, Executive Assistant to the Di- homemade rice soup, her boiled dinners and Mr. STARK. Madam Speaker, I rise today to rector and Deputy National Director, before her ployes. pay tribute to the 150th anniversary of the becoming National Director in 1989. Alfreda has always been an active member California School for the Deaf (CSD), located Amy brought to ADA a strong sense that of her church, and throughout her life volun- in Fremont, CA. CSD was founded in 1860 protecting and enhancing the rights of working teered her time in service to the local clergy. and was the first special education program men and women was a critical ingredient in For over 20 years, she has served as a Eu- established in California. Started in San Fran- maintaining a healthy democratic society. charistic Minister who visits the homes of shut- cisco, the first class had only three students. Allying ADA with the labor movement’s efforts ins to deliver communion. This devotion to her In 1869, the school moved to a new campus to improve wages and working conditions for church and to its congregation has earned her in Berkeley, with approximately 50 students. A America’s workers became a key part of this important recognition—a woman who is vocational component was added to the cur- ADA’s mission under Amy’s direction. She rec- committed to strengthening the moral and spir- riculum in 1871. ognized that the efforts to increase the federal itual foundations of her family, her home, and By 1915, the school’s enrollment had grown minimum wage needed non-labor allies. And her community. to 215 students and the campus was enlarged she enthusiastically threw ADA into the fore- Women like Alfreda Dumond give strength for the second time. In 1930, a 32-year build- front of that fight, by directing the formation of and joy to all of our lives, and I ask my col- ing program was initiated to restore and again the Coalition for a Fair Minimum Wage which leagues to join me in recognizing her for re- expand the Berkeley campus. In 1934, a brought together progressive groups of all ceiving this honor. teacher-training program was established on stripes: religious, economic, social, youth, I wish Alfreda and her family all the best, the Berkeley campus in conjunction with San labor, business and others. Amy’s belief that a and congratulate her on this well-deserved Francisco State College, as Superintendent strong labor movement united with strong al- award. Elwood Stevenson believed that only teachers lied organizations not only led to an increase f with special training should be credentialed to in the minimum wage in 2007 but to countless teach deaf and hard of hearing children. Dr. FRAUD ENFORCEMENT AND other victories for working men and women. Stevenson also emphasized that since lan- Amy’s work did not stop with the fight to end RECOVERY ACT guage is the core of the deaf child’s edu- income inequality. Her career is defined by her cation, teaching of written language would commitment to erase the evils of discrimina- HON. CHRIS VAN HOLLEN begin in the child’s first year of schooling. tion so that everyone can be truly free to pur- OF MARYLAND In 1969, the Computer-Assisted Instruction sue their dreams. Not only is she a trailblazer IN THE HOUSE OF REPRESENTATIVES program began as a result of an invitation by Stanford University to participate in a nation- in her own right, but she worked tirelessly as Tuesday, May 19, 2009 an advocate for all women. From fair pay to wide project. This same year, the first aca- reproductive choice, from education to the Mr. VAN HOLLEN. Madam Speaker, I rise demic mainstreaming program began with five workplace, Amy never tolerated an injustice to support the Fraud Enforcement and Recov- California School for the Deaf students taking against women or any other group striving for ery Act of 2009. This bill will allow us to better world history and geometry at Albany High equal treatment. understand what caused the economic col- School. It is a rare thing to find someone willing to lapse and provide the resources necessary to In 1970, CSD officially adopted the philos- devote their life to advancing the causes in help prevent future economic crises. I applaud ophy of total communication and an Instruc- which they believe. I commend Amy for her Congressman JOHN LARSON’S hard work on tional Television class was taught for the first dedication and service and wish her all the this critical legislation. time. CSD was given accreditation for its sec- best as she starts the next chapter of her life. This legislation cracks down on mortgage ondary program by the Western Association of Amy once said to me, ‘‘I’ve walked with gi- and corporate fraud, which have reached his- Secondary Schools and Colleges, and was ants’’ when I asked for her thoughts about the toric rates. FBI mortgage fraud investigations granted accreditation for both the elementary

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12915 and secondary programs by the Convention of Taiwan’s democratic institutions and supports tenure at Showman’s Cafe´ where she estab- Educational Administrators Serving the Deaf the continuation of the strong and deepening lished her reputation and earned the apprecia- (CEASD). relationship between the United States and tion of countless customers and musicians. Dr. Henry Klopping was appointed Super- Taiwan. During her many years as a barmaid at intendent of CSD in 1975 and a Special Unit I urge all my colleagues to join me in recog- Showman’s, Lil heard and entertained a program was established that year for deaf nizing this important occasion. We are proud veritable Hall of Fame of Jazz and popular multi-handicapped students. In 1976, Dr. of its political and economic transformation, musicians, and Showman’s Elite personalities. Klopping formed the Student Advisory Council and wish Taiwan continued success and pros- Showman’s, originally located next to the and later the Community Advisory Council in perity. World Famous Apollo Theatre over the years 1978. Enrollment at the school rose to 518 f has been the home club of choice and hang- when the annual new student/parent orienta- out for many of Harlem’s renowned entre- tion program was established. RECOGNIZING THE PENNDEL- preneurs and personalities. Since 1942, Show- On June 1, 1977 groundbreaking cere- MIDDLETOWN EMERGENCY SQUAD man’s Jazz Cafe has showcased top musi- monies launched the new 96-acre site for cians for Harlem and International audiences, what would become the California School for HON. PATRICK J. MURPHY as Mona, Co-owner and retired Son of Sam the Deaf and the California School for the OF PENNSYLVANIA New York City Police Detective Al Howard, Blind in Fremont, CA. The school was officially IN THE HOUSE OF REPRESENTATIVES and our Crown Jewel ‘‘Diamond Lil’’ refers to opened on May 25, 1980. CSD’s most recent as ‘‘family.’’ Tuesday, May 19, 2009 history is filled with cultural and educational Madam Speaker, the Friends of Showman’s advances and student opportunities. Mr. PATRICK J. MURPHY of Pennsylvania. roster include luminaries and entertainers like The current population at the California Madam Speaker, I rise today to honor the Count Basie, Billy Eckstine, Sammy Davis, Jr., School for the Deaf numbers at 496, and a Penndel-Middletown Emergency Squad for 50 Charles Honi Coles, Leroy Myers, Gregory parent education program has been firmly es- years of distinguished service to Middletown Hines, Pop Brown, Nat Davis and Savion tablished to provide support, information, and Township and its adjoining boroughs. Since Glover. Personalities like Jesse Walker, Joe education for parents of deaf students. The their inception as a non-profit emergency am- Yancy and Jimmy Booker. Performers like Bill Volunteer Program has grown to 175 individ- bulance service in 1959, they have selflessly Doggett, George Benson, Seleno Clarke, Irene uals who contribute immeasurable time and served tens of thousands of residents in Reid, Jimmy ‘‘Preacher’’ Robins, Gloria Lynne, valuable skills in all facets of CSD students’ Bucks County, Pennsylvania. Joey Morant, Akiko Tsuruga, Grady Tate, education and campus life. Penndel-Middletown Emergency Squad has Frank Dell, Bill Saxton, Annette St. John, Wolf I join the community in congratulating CSD come quite a long way since its incorporation. Johnson, Pat Tandy and the Prince of Harlem for 150 years of exemplary service to deaf stu- Their first ambulance was a used 1947 Cad- Lonnie Youngblood. Among the elected offi- dents and their families. The California School illac-Superior Coach, and now their purpose is cials who graced her bar and thrilled to her for the Deaf is a valuable resource beyond to provide the best and most modern emer- service were Governor David Paterson, As- measure. gency care and transportation that can be sembly Members Denny Farrell and Keith f made available. The Penndel-Middletown Wright, State Senator Bill Perkins, Emergency Squad also offers education and Councilmember Inez Dickens, former Borough CELEBRATING ONE-YEAR ANNI- training to the community for first aid and President C. Virginia Fields, my brother and VERSARY OF SWEARING IN OF emergency care. former Mayor, David N. Dinkins, and me. PRESIDENT MA YING-JEOU Madam Speaker, I ask that you join me in Yes, diamonds are forever and so is our ex- recognizing the Penndel-Middletown Emer- traordinarily precious Lillian ‘‘Diamond Lil’’ HON. MARIO DIAZ-BALART gency Squad for their 50 years of service to Pierce. OF FLORIDA Middletown Township and the neighboring f boroughs of Hulmeville, Langhorne, IN THE HOUSE OF REPRESENTATIVES NATIONAL WOMEN’S HEALTH Langhorne Manor and Penndel, an area of Tuesday, May 19, 2009 MONTH more than 25 square miles. I am honored to Mr. MARIO DIAZ-BALART of Florida. serve as their Congressman. HON. JAMES P. MORAN Madam Speaker, this week, on May 20, 2009, f the Republic of China on Taiwan will celebrate OF VIRGINIA the one year anniversary of the swearing in of SALUTING HARLEM’S OWN CROWN IN THE HOUSE OF REPRESENTATIVES President Ma Ying-jeou. On a recent trip to JEWELS—LILLIAN ‘‘DIAMOND Tuesday, May 19, 2009 LIL’’ PIERCE Taipei, I had the privilege of meeting President Mr. MORAN of Virginia. Madam Speaker, I Ma. His inauguration marked the second suc- rise today in recognition of May as National cessful and peaceful transfer of power from HON. CHARLES B. RANGEL Women’s Health Month. This designation en- one political party to another. This is an exam- OF NEW YORK courages women to make their own health a ple of Taiwan’s steadfast progress toward full IN THE HOUSE OF REPRESENTATIVES top priority by obtaining regular medical check- democratization in just the last few decades. Tuesday, May 19, 2009 ups and preventive screenings. After implementing democratic and eco- As we urge women to prioritize their own nomic reforms the Republic of China on Tai- Mr. RANGEL. Madam Speaker, I rise today health care, we must also call attention to the wan has become a true model of success to salute and congratulate my dear friend, Lil- disproportionate impact the health care crisis throughout Asia. Through the hard work and lian ‘‘Diamond Lil’’ Pierce as an ensemble of is having on women, particularly women of entrepreneurship of the Taiwanese people, Harlem Legendary entertainers gathers to per- childbearing age. Taiwan has become one of the strongest form a special tribute at the famous Alhambra In fact, earlier this month the Department of economies in the Pacific Rim and a showcase Ballroom on Adam Clayton Powell, Jr. Boule- Health and Human Services released a new democracy in the world. vard. report, titled Roadblocks to Health Care: Why I was proud to cosponsor H. Con. Res. 55, Affectionately known in Harlem as ‘‘Dia- the Current Health Care System Does Not which recognizes the 30th anniversary of the mond Lil,’’ she was born in Cameron, North Work for Women which states that women, Taiwan Relations Act, TRA—landmark legisla- Carolina, and graduated from Pinckney High especially those of reproductive age, are more tion that forms the foundation of the relation- School in Carthage, North Carolina. Lil came vulnerable to high health care costs because ship between the United States and the Re- to New York in 1958 and enrolled at City Col- they require more regular contact with health public of China on Taiwan. The House of Rep- lege. She later worked at the New York State care providers, including yearly Pap tests, resentatives’ unanimous support for the reso- Department of Motor Vehicles followed by a mammograms, and obstetric and gyneco- lution on March 24, 2009 reaffirms Congress’ brief stint at a bar on Broadway, which proved logical care. unwavering commitment of the TRA as the to be a solid stepping stone to her becoming While the study sheds much needed light on cornerstone of relations between the United a co-owner of Carl’s Off the Corner in West the impact of the nation’s health care crisis on States and Taiwan, reiterates its support for Harlem. But it was ‘‘Diamond Lil’s’’ 21-year women, its findings are not surprising.

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12916 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 Last year, I had the opportunity to visit a HONORING MR. GLENN COLEMAN Geneva. The World Health Assembly, which is women’s health clinic run by Planned Parent- FOR HIS 23 YEARS OF SERVICE part of the World Health Organization, will give hood and saw first hand patients seeking the AND DEDICATION TO THE USDA Taiwan’s 23 million citizens a voice at this affordable, accessible, high-quality preventive NATIONAL FOREST SERVICE very important international forum. Also, in April, officials from China and Tai- reproductive health care. HON. RODNEY ALEXANDER wan participated in the Chiang-Chen Talks. At Planned Parenthood clinics, health pro- The talks resulted in the signing of the fol- OF LOUISIANA fessionals provide over 950,000 cervical can- lowing agreements: (1) ‘‘Agreement on Joint IN THE HOUSE OF REPRESENTATIVES cer screenings and breast exams to more than Cross-Strait Crime-fighting and Mutual Judicial 850,000 women. Sexually transmitted disease Tuesday, May 19, 2009 Assistance;’’ (2) the ‘‘Cross-Strait Financial testing and treatment are performed and made Mr. ALEXANDER. Madam Speaker, I rise Cooperation Agreement;’’ and, (3) the ‘‘Sup- available to both women and men. In fact, 97 today to commend Mr. Glenn Coleman, upon plementary Agreement on Cross-Strait Air percent of the services provided at these clin- the occasion of his retirement, effective June Transport’’. All of these agreements will result in improved coordination between the Taiwan ics are preventative. 13, 2009, for his 23 years of service and dedi- cation to the USDA National Forest Service. Straits neighbors in the areas of law enforce- In Virginia alone these clinics provide basic Mr. Coleman, who came to the City of Alex- ment, financial exchanges and travel. health care, including lifesaving cancer andria, LA in 1986, has dedicated 23 years of Finally, President Ma’s administration has screenings, to over 28,500 patients a year. service as a landscape architect to the successfully removed Taiwan from the Special But these clinics are only meeting a fraction of Kisatchie National Forest Service. His service 301 Watch List which is maintained by The the need in my state. There are 846,100 includes management and volunteer work with Office of the U.S. Trade Representative. The women in need of contraceptive services and projects and organizations such as the Alex- removal from this list shows Taiwan’s commit- ment to preventing the importing and exporting supplies. Of these, 371,640 women need pub- andria Tree Board Committee, the Forest of illegally pirated materials such as DVDs and licly supported contraceptive services because Service African American Strategy Group, CDs. they have incomes below 250 percent of the ‘‘Smokey the Bear’’ and the Rapides Parish School Fire Prevention Program, annual out- These are three of President Ma’s many federal poverty level (251,710) or are sexually door recreation events, recreation facility de- achievements during his first year in office. active teenagers (119,930). Eleven percent of sign, and the Forest Service Human Resource Please join me in congratulating, President women aged 15–44 have incomes below the Program. Ma, on a very successful first year. federal poverty level, and 18 percent of all Beyond his professional career, Mr. Cole- f women in this age-group are uninsured (i.e., man has been proudly married for 20 years to THE INTRODUCTION OF THE do not have private health insurance or Med- Patricia Ann Coleman and is a loving father to TRUTH IN FUR LABELING ACT icaid coverage). Angela, Alisha, Andre, Kimberly, and Gregory. OF 2009 Increasing health insurance coverage for Friends and family describe Mr. Coleman as an individual who has dedicated his life to women is essential. Approximately 17 million HON. JAMES P. MORAN Christ and is an active member of The Greater OF VIRGINIA American women have no health insurance New Hope Baptist Church where he served on IN THE HOUSE OF REPRESENTATIVES coverage. It’s critical that health care reform the Deacon Board for 18 years under the di- requires coverage of comprehensive reproduc- rection of Rev. Robert Butler. Tuesday, May 19, 2009 tive health services. Mr. Coleman is a friend to many, and is Mr. MORAN of Virginia. Madam Speaker, I With the economic downturn, these health deemed a gracious and hardworking person to rise today to introduce, along with Representa- centers have seen a significant increase in uti- all who have had the privilege of making his tive MARY BONO MACK, the Truth in Fur Label- lization, just as their funding streams, both acquaintance. ing Act of 2009, which would require the label- I ask my colleagues to join me in congratu- ing of all garments containing animal fur. public and private, have become more precar- lating Mr. Glenn Coleman for his many years Current law contains a glaring loophole that ious. Across the country, they are seeing an of service to the National Forest Service in allows garments containing less than $150 increase in patients—women who have lost Louisiana and for his dedication to our com- dollars in fur to be sold in the U.S. without an their jobs and health insurance, or who no munity. identifying label. The result is that consumers longer have money to pay for medical care. f lack the information they need to make in- These women are literally choosing between a formed choices and may inadvertently pur- month of birth control and bus fare. RECOGNIZING THE FIRST ANNI- chase garments that contain real fur, possibly VERSARY OF THE ELECTION OF from a dog or cat. The Humane Society of the Planned Parenthood health centers are part THE REPUBLIC OF CHINA’S (TAI- of an important network of women’s health United States (HSUS) strongly supports this WAN) PRESIDENT MA YING-JEOU bill as a way to guarantee consumers full and care providers and serve as a critical entry accurate information and to cut down on the point into the health care system for millions of HON. PETER J. ROSKAM amount of illegal dog and cat fur making its women. OF ILLINOIS way into the U.S. In fact, Guttmacher reports more than six in IN THE HOUSE OF REPRESENTATIVES In recent years, HSUS investigators found a proliferation of falsely labeled and falsely ad- ten clients consider family planning centers Tuesday, May 19, 2009 their main source of health care. Oftentimes, it vertised dog fur on fashion clothing sold by is their first interaction with the country’s Mr. ROSKAM. Madam Speaker, I rise today some of the largest names in U.S. retailing. Of in honor of the first anniversary of the election health care system. the fur-trimmed jackets subjected to mass of the Republic of China’s (Taiwan) President spectrometry testing by HSUS, 96 percent This is why increasing health insurance cov- Ma Ying-jeou. With close to 65,000 Taiwanese were found to be domestic dog, wolf or rac- erage is not enough. Ensuring access to a Americans in the Chicagoland area, I have coon dog, and either mislabeled or not labeled strong network of health care providers is fun- closely observed President Ma’s progress on at all. damental to improving health care coordina- the world stage during his first year in office. Half of all fur garments entering the United tion and quality outcomes. In just one year, the Harvard educated States come from China, where large numbers President Ma has made accomplishments in of domestic dogs and cats as well as raccoon A strong women’s health care infrastructure leaps and bounds to improve Taiwan’s inter- dogs are killed every year for their fur by bru- must be developed as we proceed with health national standing in no small part because of tal methods, sometimes skinned alive. The care reform. Women need preventative serv- his work to normalize relations with mainland Dog and Cat Protection Act of 2000 banned ices for reproductive and general health. China. the trade in dog and cat fur after an HSUS in- Planned Parenthood clinics are providing Most recently, Taiwan has been accepted vestigation revealed the death toll at 2 million these services now and we should make sure as an official observer at the World Health As- animals a year and found domestic dog fur for they continue to do so. sembly that will take place later this month in sale in the United States.

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12917 While it is currently illegal to import, export, to Washington, DC in time to cast my vote for changes by dismantling the communist regime sell or advertise any domestic dog or cat fur rollcall votes No. 267–269. Had I been and central planning economy to build democ- in the United States and fur from other ani- present, I would have voted ‘‘aye’’ on rollcall racy and market capitalism. mals must be identified with a label, a loop- votes No. 267, H. Res. 300; No. 268, S. 386; Mongolia’s democratic transition explicitly in- hole exists that allows a sizable portion of fur and No. 269, H. Res. 442. dicates that Mongolia has reached remarkable garments to avoid this labeling requirement. f achievements in building democracy and mar- The Fur Products Labeling Act of 1951 ex- ket capitalism. empts garments with a ‘‘relatively small quan- RECOGNIZING ROBERTA RAKOVE, Mongolia’s parliamentary democracy has tity or value’’ of fur from requiring labels dis- RECIPIENT OF THE PARTNER- been playing a meaningful role in building de- closing the name of the species, the manufac- SHIP FOR ACTION GRASSROOTS mocracy and market capitalism, and civil soci- turer, the country of origin and other pertinent CHAMPION AWARD ety has emerged and developed. Mongolia’s information for consumers. The Federal Trade democratic reforms have been radical and ir- Commission defines that value today as HON. DANNY K. DAVIS reversible. Now, Mongolia is committed to suc- $150—an amount that allows multiple animal OF ILLINOIS cessful completion of the final phase of its pelts on a garment without a label. IN THE HOUSE OF REPRESENTATIVES transition to market capitalism to deepen and Regardless of value, consumers have the strengthen democracy. right to know if a product they purchase con- Tuesday, May 19, 2009 In closing, Madam Speaker, I ask all my col- tains real fur. Consumers who may have aller- Mr. DAVIS of Illinois. Madam Speaker, I rise leagues to join me in supporting Mongolia’s gies to fur, ethical objections to fur, or concern to acknowledge Roberta Rakove, Senior Vice continued transition to democracy. about the use of certain species, cannot make President, Government Affairs, of Sinai Health f informed purchasing choices. Furthermore, the System for her outstanding leadership in cre- ability for consumers to make well-informed ating grassroots and community activity in HONORING LIEUTENANT COLONEL decisions based on complete information is a support of her hospital’s mission. Roberta RICHARD L. KIRCHNER FOR HIS cornerstone of a functioning market economy. Rakove was first nominated by the Illinois SERVICE TO THE CIVIL AIR PA- Importantly, labeling fur trim will not be eco- Hospital Association (IHA), and later awarded TROL nomically burdensome for apparel manufactur- by both the IHA and the American Hospital ers or retailers. According to the Federal Association (AHA) the Partnership for Action HON. MICHELE BACHMANN Trade Commission, the total number of fur Grassroots Champion Award on April 28, OF MINNESOTA garments, fur-trimmed garments, and fur ac- 2009. IN THE HOUSE OF REPRESENTATIVES cessories sold in the United States is esti- The Partnership for Action Grassroots Tuesday, May 19, 2009 mated at 3,500,000. Of that, approximately Champion Award was established to recog- Mrs. BACHMANN. Madam Speaker, I rise 3,000,000 items—or 86 percent—are already nize hospital leaders who most efficiently in- today to honor Lieutenant Colonel Richard L. required to abide by labeling requirements. It form elected officials of the affect major issues Kirchner for his 29 years of service to the Civil will not present a difficulty to label the addi- have on a hospital’s fundamental role in the Air Patrol. Col. Kirchner retired in February tional 14 percent of products using animal fur. community; to recognize hospital leaders who after developing the Anoka Composite Squad- In fact, this legislation may actually increase have done an exemplary job in broadening the ron and serving as its Commander three the efficiency of the manufacturing process base of community support for the hospital; times. because it removes the need to determine an and to recognize hospital leaders who con- After joining the Civil Air Patrol in 1980, Col. item’s value for labeling purposes. tinue to advocate on behalf of the hospital and Kirchner started the Anoka Composite Squad- Consumer protection officials and leaders in its patients. ron in 1982 with just one member. Today, it the retail and fashion industries support fur la- Roberta Rakove’s commitment to advo- stands at nearly 100 members and has pro- beling. Legislation closing the loophole in the cating for the hospital community extends to duced leaders in the Civil Air Patrol, the U.S. Fur Products Labeling Act has been endorsed her 15 years of devotion on IHA’s Advocacy Air Force, in business and the public sector by Tommy Hilfiger, Burlington Coat Factory, Council, DSH Steering Committee, and other across the country. Col. Kirchner was involved Loehmann’s, Buffalo Exchange, House of membership groups. with every aspect of the Civil Air Patrol includ- Dere´on, Jay McCarroll, Andrew Marc, and oth- For 90 years the hospitals and caregivers of ing Emergency Services, Aerospace Edu- ers. Leading designers and businesses under- Sinai Health System have provided medical cation and the Cadet program to help develop stand the need for clear labeling laws to pro- care and social services to communities in anyone interested in civil service. I am con- tect consumer confidence in their products. west and south Chicago. Sinai Community In- fident that the Squadron will be led by other Additionally, the National Association of Con- stitute provides social service outreach for the fine commanders and engage in new and sumer Agency Administrators (NACAA), an or- lifestyle issues that contribute to health while challenging missions in years to come, stand- ganization representing more than 160 gov- the Sinai Urban Health institute researches the ing on the firm foundation laid by Col. ernment agencies and 50 corporate consumer prevalence of chronic disease in Chicago offices, recently passed a resolution in support Kirchner. neighborhoods. Collectively, the Sinai Health It is my privilege to honor Lieutenant Colo- of truthful fur labeling and advertising, includ- System provides a full continuum of care for ing the elimination of loopholes. nel Richard L. Kirchner for his three decades acute, primary, specialty and rehabilitation to of dedicated service to the Civil Air Patrol and It is clear that current regulations undercut meet the needs of the community. consumers’ ability to make informed pur- I want to thank Col. Kirchner for the role he f chases and contributes to the continued pres- has played in so many Minnesota lives. His ence of dog and cat fur in garments sold in MONGOLIA’S DEMOCRACY commitment to honor and duty, country and the U.S. I look forward to working with my col- community and his nurturing relationship with leagues and the committee of jurisdiction to HON. BLAINE LUETKEMEYER the members of the Squadron are a model for bring attention to this issue and enact the all of us on how to lead and teach. We are all OF MISSOURI needed reforms included in the Truth in Fur so grateful for his service. IN THE HOUSE OF REPRESENTATIVES Labeling Act of 2009. f Tuesday, May 19, 2009 f TAIWAN PERSON EXPLANATION Mr. LUETKEMEYER. Madam Speaker, in a vast sweep of mountains, steppe, and desert HON. ANH ‘‘JOSEPH’’ CAO in the heart of northern Asia, one of the most OF LOUISIANA HON. TIM RYAN remarkable political transformations of the OF OHIO IN THE HOUSE OF REPRESENTATIVES decade is unfolding. I rise today to commend IN THE HOUSE OF REPRESENTATIVES democracy in Mongolia. The collapse of com- Tuesday, May 19, 2009 Tuesday, May 19, 2009 munism and totalitarianism has provided Mon- Mr. CAO. Madam Speaker, May 20, 2009 Mr. RYAN of Ohio. Madam Speaker, on golia with a historical opportunity of intro- marks a significant milestone for Taiwan, the Monday, May 18, 2009, I was unable to return ducing simultaneous political and economic first year in office of President Ma Ying-jeou.

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12918 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 What began as a year of confrontation be- its inception in 1999 and is currently serving and sportscasting and will serve as an inspira- tween the Peoples Republic of China and Tai- clients across the country. The company’s top tion to all individuals just enetering the mass wan, President Ma has become one of co- product is a records management system that media field of broadcasting. It is with great operation. allows law enforcement officers to access and pride that I recognize all of his many accom- The conciliatory initiatives of President Ma share critical intelligence when they are in the plishments upon the event of his retirement. has produced, for the first time in decades, field. In-Synch Systems has provided its prod- f face to face productive meetings that have ucts to government agencies for use in feder- brought about agreement between these ally funded law enforcement programs that PERSONAL EXPLANATION former adversaries in a variety of areas; legal, supply police agencies with critical software. transportation and financial. Madam Speaker, Mr. Farra has exemplified HON. CAROLYN B. MALONEY Such great progress has not gone unnoticed the remarkable accomplishments of which OF NEW YORK and President Ma Ying-jeou should be recog- America’s entrepreneurs are capable. This IN THE HOUSE OF REPRESENTATIVES nized for his leadership. week, he will testify before the House Small Tuesday, May 19, 2009 f Business Committee to share his story. I ask that you and the entire U.S. House of Rep- Mrs. MALONEY. Madam Speaker, on May IN HONOR OF MR. KIRK FARRA, resentatives join with me in honoring him for 18, 2009, I missed rollcall votes numbered IN-SYNCH SYSTEMS the extraordinary work he has done for the 267, 268, and 269. small business economy. His efforts dem- Had I been present, I would have voted HON. JASON ALTMIRE onstrate that if given the right resources, ‘‘yea’’ on rollcall votes 267, a resolution con- OF PENNSYLVANIA America’s small businesses can be the cata- gratulating Camp Dudley YMCA of Westport, IN THE HOUSE OF REPRESENTATIVES lysts that lift our economy from the current New York, on the occasion of its 125th anni- versary; 268, the Fraud Enforcement and Re- Tuesday, May 19, 2009 downturn and put us on the road to recovery. f covery Act; and, 269, a resolution recognizing Mr. ALTMIRE. Madam Speaker, I rise today the importance of the Child and Adult Care to honor America’s entrepreneurs, those dis- IN RECOGNITION OF SPORTS- Food Program and its positive effect on the tinguished individuals who support our com- CASTER DON LADAS’ RETIRE- lives of low-income children and families. munities, drive innovation, and keep our nation MENT f strong. Small businesses bring fresh ideas to the table, develop resources to help us meet HON. DEBORAH L. HALVORSON RECOGNIZING COMMISSIONER DEBORAH TAYLOR TATE FOR the demands of an ever-changing world, and OF ILLINOIS RECEIVING THE ITU ‘‘WORLD make a meaningful impact on our neighbor- IN THE HOUSE OF REPRESENTATIVES hoods. Entrepreneurs are responsible for pro- TELECOMMUNICATION & INFOR- viding 60 to 80 percent of all new jobs, giving Tuesday May 19, 2009 MATION SOCIETY AWARD’’ them the potential to propel rapid economic Mrs. HALVORSON. Madam Speaker, today growth and expand developing fields. Some of I rise to recognize Don Ladas for his service HON. MARSHA BLACKBURN the country’s largest companies began as to Joliet, Illinois for over fifty years as an un- OF TENNESSEE start-ups in small offices, homes and garages paralleled sports voice on 1340 WJOL Radio IN THE HOUSE OF REPRESENTATIVES exploring these new fields. Limited only by and working for the Herald News, which has their imagination, these firms performed cut- made him a sports icon in Will County. Ladas, Tuesday, May 19, 2009 ting-edge work in emerging industries that WJOL’s longest full-time employee in history, Mrs. BLACKBURN. Madam Speaker, I rise have become the very foundation of our soci- has recently announced his retirement. Out of to recognize Commissioner Deborah Taylor ety. all of WJOL’s radio legends over the years, Tate, Federal Communications Commission As our nation and the world face the most none have had the staying power and impact member from 2005 to 2008, on the occasion difficult economic conditions in decades, entre- that Don Ladas has had. of her receipt of the 2009 International Tele- preneurs have the potential to lead us back to For forty-seven years, Ladas has covered a communication Union (ITU) ‘‘Telecommuni- prosperity. The resiliency and adaptability wide variety of sports for WJOL including cation & Information Society Award.’’ shown by small businesses in past recessions bowling, football, basketball, baseball, and The World Telecommunication & Information demonstrate their capability to meet the chal- softball, and has broadcasted thousands of Society Award is presented by the ITU in rec- lenges standing in their way and emerge local high school sporting events. He was the ognition of individuals or institutions that have stronger than ever. America’s small busi- host of the oldest bowling show in the United made a significant contribution to promoting, nesses will drive the economic recovery from States called, ‘‘Ten Pin Topics,’’ which aired building, or strengthening an individual-fo- this downturn, and I remain confident that our Monday through Saturday. In addition to his cused, development-oriented and knowledge- economy will emerge stronger than ever. daily bowling show, Ladas also hosted a based information society. The 2009 award Times may be tough, but America’s entrepre- weekly sports program called, ‘‘Shooting the was presented to individuals dedicated to neurial spirit is tougher. Breeze.’’ For the past thirty years, Ladas also global Internet connectivity, promoting innova- To recognize the monumental achievements has been the editor and publisher of his own tion, and protecting children online. of our nation’s small firms, the Small Business monthly magazine called ‘‘Will County Sports- Commissioner Tate won international praise Administration (SBA) has declared May 17–23 man.’’ during her service at the FCC as a leading as the 46th Annual National Small Business His professionalism and his dedication to voice on issues affecting families and children, Week. The House Small Business Committee sports have earned him a place of recognition and helped craft communications policy to en- is celebrating all our country’s hard-working in the following: the Illinois Sportscasters Hall sure that advances in communications tech- entrepreneurs by saluting the Heroes of Small of Fame, the Illinois Basketball Hall of Fame, nologies benefit all Americans in a safe, se- Business, those men and women who have the Illinois State Bowling Hall of Fame, the Jo- cure manner. As a result, she is known shown the strength, leadership, and resource- liet Junior College Hall of Fame, the Joliet and throughout the telecommunications industry as fulness that keeps our economy moving for- Will County Hall of Pride, the Will County the ‘‘Children’s Commissioner’’ for her dedica- ward. Bowling Hall of Fame, and the Minor League tion to online safety. I ask that you, Madam Speaker, and the en- and Pro Football National Hall of Fame in Receipt of ITU’s Telecommunication & Infor- tire U.S. House of Representatives join me in Canton, Ohio for his work in the media. Also, mation Society Award further cements Com- recognizing and thanking Mr. Kirk Farra for his in July of 2008, author Gary Seymour pub- missioner Tate’s impact on the communica- tremendous accomplishments on behalf of lished a book following Ladas’ career entitled, tions space during her service at the FCC, small businesses. Mr. Farra is president of In- The Voice of Joliet: the Life and Times of Hall and follows a litany of awards following her Synch Systems, LLC, a company that pro- of Fame Radio Sportscaster Don Ladas. departure from the Commission, including an duces state-of-the-art records management As one of the most revered figures in Joli- Award for Outstanding Public Service from software for local law enforcement agencies. et’s sports scene history, sportscaster Don Common Sense Media, the Good Scout In-Synch Systems has rapidly expanded since Ladas has left his mark on the world of radio Award from the Boy Scouts of America, the

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12919 Carol Reilly Award from the New York State ness development and marketing as the com- Presidential candidates to address their Broadcasters Association, the Touchstones of pany’s vice president. members. On that humid Tennessee day Re- Leadership Award for Public Service from Recognized by Oregon’s economic commu- publican Presidential Candidate Robert Dole and Vice Presidential Candidate Jack Kemp Women in Cable Television, the YW Award nity as one the state’s top business leaders, were slated to speak to the several thousand from the Academy for Women of Achieve- Ms. Brown was named to the Oregon Innova- African American journalists from around ment, and the Jerry Duvall Public Service tion Council in 2005 by Governor Ted the nation. Most Republicans would have de- Award from the Phoenix Center for Advanced Kulongoski. She sits on numerous non-profit scribed this group as anything but a friendly Public Policy Studies. boards, including serving as Vice Chair of the organization to GOP candidates. On behalf of constituents throughout Ten- Oregon Wave Energy Trust, which promotes Senator Dole was introduced with polite nessee’s 7th District, I applaud Commissioner job creation through the emerging wave en- applause. Then Jack Kemp was introduced and he received a standing ovation. I sat in Tate for her lifetime body of work, and con- ergy industry. Ms. Brown has a bachelor’s de- awe as these black Americans applauded a gratulate her well-deserved receipt of the 2009 gree in marketing and an M.B.A. in inter- white Republican leader. Jack stayed after Telecommunication & Information Society national marketing from Miami University. his speech and shook the hand of every Award. Madam Speaker, Ms. Brown has exempli- young journalist who wanted to meet him. f fied the remarkable accomplishments of which There was no story about this incident and it America’s entrepreneurs are capable. This has received no notice that I have ever seen. COMMENDING CHANDRA BROWN week, she will testify before the House Small Why did Jack get this reception? It is easy to understand why — Jack Kemp cared and Business Committee to share her story. I ask he demonstrated that care over a life time. HON. KURT SCHRADER that you and the entire U.S. House of Rep- He was committed to the wisdom of a free OF OREGON resentatives join with me in honoring her for market but he also saw that sometimes peo- IN THE HOUSE OF REPRESENTATIVES the extraordinary work she has done for the ple fell through the cracks and that govern- Tuesday, May 19, 2009 small business economy. Her efforts dem- ment has the responsibility to help them. onstrate that if given the right resources, However, Jack was committed to giving Mr. SCHRADER. Madam Speaker, I rise America’s small businesses can be the cata- people opportunity, not hand outs. He had today to honor America’s entrepreneurs, those the strong respect of millions of Americans. lysts that lift our economy from the current In my many personal conversations with distinguished individuals who support our com- downturn and put us on the road to recovery. munities, drive innovation, and keep our nation Jack and my work with him, that caring at- f titude came through like a laser beam! Jack, strong. Small businesses bring fresh ideas to in the past decade, spoke strongly for a guest the table, develop the resources to meet the JACK KEMP’S LIFE PROVIDES worker program for illegal immigrants and a demands of an ever-changing world, and IDEAS method for these folks to become legal resi- make a meaningful impact on our neighbor- dents of the United States. Jack saw these hoods. Entrepreneurs are responsible for pro- HON. TOM McCLINTOCK people as hard workers who were trying to viding 60 to 80 percent of all new jobs, giving achieve the American dream, one sought by OF CALIFORNIA them the potential to propel rapid economic millions from throughout the world. IN THE HOUSE OF REPRESENTATIVES Jack observed one time ‘‘Republicans growth and expand ever-developing fields. many times can’t get the words ‘equality of Some of the country’s largest companies Tuesday, May 19, 2009 opportunity’ out of their mouths. Their lips began as start-ups in small offices, homes and Mr. MCCLINTOCK. Madam Speaker, in do not form that way.’’ He also declared garages exploring these new fields. Limited memory of Jack Kemp, I would like the fol- ‘‘There really has not been a strong Repub- lican message to either the poor or the Afri- only by their imagination, these firms per- lowing article included in the CONGRESSIONAL can American community at large.’’ formed cutting-edge work in emerging indus- RECORD. tries that have become the very foundation of He also noted ‘‘When people lack jobs, op- portunity, and ownership of property they our society. REPUBLICANS LOOKING FOR A MODERN INSPIRA- TION? JACK KEMP’S LIFE PROVIDES IDEAS have little or no stake in their commu- As our nation and the world face the most (By Jack Cox) nities.’’ difficult economic conditions in decades, entre- In 1964, Senator Barry Goldwater was de- preneurs have the potential to lead us back to There has been much press coverage these feated for the presidency. Look Magazine, prosperity. The resiliency and adaptability days about the problems of the Republican shortly after the solid defeat, asked writer Party seeking a new identity that resonates shown by small businesses in past recessions Richard Cornuelle to write a piece entitled a with Americans. Too often, Republicans and ‘‘Positive Agenda for the Republican Party.’’ demonstrate their capability to meet the chal- conservatives are criticized for lacking com- lenges standing in their way and emerge In 1965, Cornuelle published a new book ‘‘Re- passion and concern for many social issues of claiming the American Dream.’’ Cornuelle, stronger than ever. America’s small busi- interest to many Americans. In the 1960’s, like Jack Kemp, called on Republicans to nesses will drive the economic recovery from Conservatives had little involvement in the have answers and a positive agenda instead this downturn and our economy will emerge historic battle for civil rights. Most Repub- of constant opposition to government. He stronger than ever. Times may be tough, but licans opposed the civil rights act in 1964, in- coined the phrase ‘‘the independent section’’ America’s entrepreneurial spirit is tougher. cluding Presidential candidate Barry Gold- which described the vital role that associa- water, and a great deal of resentment grew tions, churches, and individuals play in To recognize the monumental achievements within the African American community of our nation’s small firms, the Small Business meeting the needs of society. over this apparent indifference. Unfortunately, Dick Cornuelle’s ideas, like Administration (SBA) has declared May 17–23 It was, of course, Republicans with Presi- Jack Kemp’s, were not seen as providing di- as the 46th Annual National Small Business dent Lincoln that led the battle to end slav- rection for the future of the Republican Week. The House Small Business Committee ery and liberate blacks from the intolerable Party by some leaders. Jack Kemp was a dy- is celebrating all our country’s hard-working practice. Thirty two years earlier, William namic individual who, like Ronald Reagan, entrepreneurs by saluting the Heroes of Small Wilberforce, a noted Member of Parliament always saw a glass half full rather than half Business, those men and women who have and British Christian leader had led the bat- empty. If the Republican Party is to begin tle to end slavery in England. Unfortunately, carrying a positive banner of hope and lead- shown the strength, leadership, and resource- during the last half of the 20th Century too fulness that keeps our economy moving for- ership, it will need to be like Jack Kemp’s. many conservatives, Republicans specifi- Perhaps with the loss of Jack Kemp, the ward. cally, were uninvolved in the battle. That time has come for the party and Conserv- I ask that you, Madam Speaker, and the en- disinterest was tied not to bigotry but rather atives in general to reexamine their prior- tire U.S. House of Representatives join me in other priorities including a major battle to ities and reach out to all Americans. recognizing and thanking Ms. Chandra Brown oppose the spread of Communism from the Indeed it is a time for all Americans to re- for her tremendous accomplishments on be- Soviet Union and ‘‘Red China.’’ Senator kindle their faith in an America of strong half of small businesses. Ms. Brown currently Goldwater, a charter member of the Phoenix commitment to a free market system which NAACP, opposed it on states’ rights grounds. serves as president of Oregon Iron Works’ strives to reach all Americans, not with a It was a warm summer day during the 1996 hand out but with a hand up. Kemp reminded subsidiary United Streetcar, the only modern Presidential Campaign that the National As- us ‘‘There are no limits to our future if we streetcar manufacturer in the United States. sociation of Black Journalists annual con- don’t put limits on our people.’’ With over 15 years of experience with Oregon vention was held in Nashville. The organiza- At the same time, Jack never lost his com- Iron Works, she is responsible for overall busi- tion, as most journalism groups, invites mitment to the idea that a growing economy

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12920 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 is the only answer to enriching more Ameri- JUAN AND LUIS YEPEZ, RECIPI- Luther King, Jr. Multicultural Art Project from cans instead of fewer. He saw redistribution ENTS OF SBA’S PHOENIX AWARD its inception to its completion. In 2008, Benson of wealth as a policy for failure. His vision proposed the project in response to a commu- for government was simple: ‘‘Every time in nity recommendation to the City Commission this century we’ve lowered the tax rates HON. NIKI TSONGAS across the board, on employment, on saving, OF MASSACHUSETTS to create an initiative to honor Dr. Martin Lu- ther King, Jr. Determined to find a way to fi- investment and risk-taking in this economy, IN THE HOUSE OF REPRESENTATIVES revenues went up, not down.’’ It was inter- nance the project without using General Fund esting that another dynamic leader in the Tuesday, May 19, 2009 monies, Je´an successfully secured a $50,000 Democratic Party held that same view, John Ms. TSONGAS. Madam Speaker, I rise grant from the W.K. Kellogg Foundation for F. Kennedy, another inspirational leader. today to honor Juan and Luis Yepez, small the construction and implementation of the Finally, as the Republican Party thinks business owners in Lawrence, MA, for receiv- project. After issuing a national ‘‘Call to Art- about is future and the Democrats, now in ing the Small Business Administration’s 2009 ists’’ and evaluating proposals, the City Artist power, contemplate how they responsibly use Selection Committee selected Steven Whyte their power, we should remember Jack Phoenix Award for Small Business Disaster Kemp’s words ‘‘Democracy without morality Recovery. The SBA gives the Phoenix Award of Steven Whyte Studios in California to cre- is impossible.’’ I, as so many others Ameri- to individuals who display selflessness, inge- ate the original art piece. cans of all colors and all parties, will miss nuity and tenacity in the aftermath of a dis- Whyte’s hand-sculpted bronze bust of Dr. Jack Kemp. aster, while contributing to the rebuilding of King weighs approximately 200 pounds and f their communities. sits upon a large base that will be inscribed The entrepreneurial Yepez brothers are with the immortal words of Dr. King’s famous RECOGNIZING THE NAVY LEAGUE owners of Mainstream Global, a small com- ‘‘I Have a Dream’’ speech. This lasting tribute BREMERTON-OLYMPIC PENIN- puter product distribution company. The Yepez to Dr. King’s dream and courage will become SULA COUNCIL ON THE OCCA- brothers chose to locate their business in the a permanent fixture in regionally acclaimed SION OF THE DEDICATION OF old industrial City of Lawrence and to become ArtsPark at Young Circle, a public venue for THE LONE SAILOR STATUE ME- part of the surrounding community. Unfortu- arts, education, recreation and entertainment, MORIAL nately, in May 2006 the company’s facilities and in the Hollywood community. along the banks of the Merrimack River flood- Madam Speaker, the realization and com- pletion of the Dr. Martin Luther King, Jr. Multi- HON. NORMAN D. DICKS ed, destroying hundreds of thousands of dol- cultural Art Project is a celebration of diversity OF WASHINGTON lars of equipment and forcing a three-month in the City of Hollywood and a reminder to all IN THE HOUSE OF REPRESENTATIVES shutdown of the business. visitors to continue working to realize Dr. Despite this setback, Juan and Luis kept Tuesday, May 19, 2009 King’s dream of equality for all. Once again, I their twelve employees on payroll throughout would like to recognize and thank Mr. Benson, Mr. DICKS. Madam Speaker, I come to the the recovery process, and now, in the midst of Ms. Je´an, and the City of Hollywood, Florida floor of the House today to express my sup- a deep recession, they have expanded Main- City Commission for their support of this port and appreciation for the Navy League of stream Global to a staff of thirty-two. The project and for their commitment to the com- the United States and congratulate the mem- Yepez brothers continue to be committed part- munity. bers of the Navy League Bremerton-Olympic ners in the rebirth of Lawrence by investing in Peninsula Council upon the dedication of the the renovation of other old, abandoned mill f Lone Sailor Statue Memorial at Bremerton, buildings in the downtown, converting these BARBARA MCCLAIN OWNER AND Washington. buildings into office space, educational facili- PRESIDENT, MCCLAIN CON- The Lone Sailor Statue is symbolic of the ties, and affordable housing. TRACTING COMPANY, INC. ANDA- many sacrifices made by our mariners, their I congratulate the Yepez brothers for their LUSIA, AL families and the communities that support outstanding contribution to the City of Law- them. On May 23, 2009, the Navy League rence and its residents, and their dedication to HON. BOBBY BRIGHT Bremerton—Olympic Peninsula Council will the revitalization of our community. dedicate a Lone Sailor Statue Memorial at OF ALABAMA f IN THE HOUSE OF REPRESENTATIVES Bremerton Harborside in Bremerton, Wash- ington. This statue honors and embodies the PRAISING THE HOLLYWOOD, FLOR- Tuesday, May 19, 2009 longstanding bond the city and region share IDA CITY COMMISSION FOR ITS Mr. BRIGHT. Madam Speaker, I rise today with our Navy and maritime past. SUPPORT IN THE REALIZATION to honor America’s entrepreneurs, those dis- Since its founding, the United States has re- OF THE DR. MARTIN LUTHER tinguished individuals who support our com- lied upon access to and unhindered use of the KING, JR. MULTICULTURAL ART munities, drive innovation, and keep our nation world’s oceans in order to enhance its security PROJECT strong. Small businesses bring fresh ideas to and maintain its interests. The sea services of the table, develop the resources to meet the the United States; the Navy, Marine Corps, HON. ALCEE L. HASTINGS demands of an ever-changing world, and Coast Guard and U.S. Merchant Marine, were OF FLORIDA make a meaningful impact on our neighbor- essential to our young Nation’s security, IN THE HOUSE OF REPRESENTATIVES hoods. Entrepreneurs are responsible for pro- growth and prosperity then, and they remain viding 60 to 80 percent of all new jobs, giving Tuesday, May 19, 2009 so today. them the potential to propel rapid economic The Navy League of the United States was Mr. HASTINGS of Florida. Madam Speaker, growth and expand ever-developing fields. formed in 1902 to ensure continued support I rise to honor the City of Hollywood, Florida Some of the country’s largest companies for the men and women of the sea services in City Commission, and in particular, City Man- began as start-ups in small offices, homes and their duties. It continues this vital mission ager Cameron D. Benson and Grants Man- garages exploring these new fields. Limited today through the education of our citizenry ager Rene´e Je´an, for their instrumental sup- only by their imagination, these firms per- and the Nation’s political leaders on the impor- port in the realization of the Dr. Martin Luther formed cutting-edge work in emerging indus- tant role of the sea services and the sacrifices King, Jr. Multicultural Art Project. On May 21, tries that have become the very foundation of made by our Sailors, Marines, Coast Guards- 2009, the City of Hollywood, Florida City Com- our society. men and Merchant Mariners around the world. mission will dedicate a bronze bust of Dr. King As our nation and the world face the most The dedication of the Lone Sailor Statue in ArtsPark at Young Circle in Historic Down- difficult economic conditions in decades, entre- Memorial in Bremerton is a testament to the town Hollywood, FL, in honor of Dr. King’s life preneurs have the potential to lead us back to sustained effort of the entire Navy League and legacy. prosperity. The resiliency and adaptability Bremerton—Olympic Peninsula Council and This project would not have been possible shown by small businesses in past recessions many, many community contributors and vol- without the hard work and dedication of City demonstrate their capability to meet the chal- unteers. I want to extend my thanks and ap- Manager Benson and Grants Manager Je´an, lenges standing in their way and emerge preciation to all who contributed their time and who, faced with a challenging fiscal year and stronger than ever. America’s small busi- effort to make this event possible. budget cuts, were committed to the Dr. Martin nesses will drive the economic recovery from

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12921 this downturn and our economy will emerge cuss issues that are of mutual benefit to Tai- ed by a quarter-cent sales tax, it is the only stronger than ever. Times may be tough, but wan and China. Three important agreements such district in the state of California and is America’s entrepreneurial spirit is tougher. were signed at these talks. overwhelmingly supported by Sonoma Coun- To recognize the monumental achievements The ‘‘Agreement on Joint Cross-Strait ty’s residents. of our nation’s small firms, the Small Business Crime-fighting and Mutual Judicial Assistance’’ Andrea helped direct the 2006 campaign to Administration (SBA) has declared May 17–23 will improve cooperation between the two renew the sales tax, which passed overwhelm- as the 46th Annual National Small Business sides with respects to criminal investigations ingly. Voters value the organization’s mission Week. The House Small Business Committee by sharing information and lending other law and its programs including: matching grants to is celebrating all our country’s hard-working enforcement assistance as needed. partner with local cities and agencies for land entrepreneurs by saluting the Heroes of Small Secondly, the ‘‘Cross Strait Financial Co- acquisition, preservation and enhancement; Business, those men and women who have operation Agreement’’ will help improve mone- stewardship in managing these lands and var- shown the strength, leadership, and resource- tary exchanges and may lead to Taiwan open- ious easements to protect them, as well as to fulness that keeps our economy moving for- ing financial institutions on the mainland. allow for public access; land leases to local ward. Lastly, a ‘‘Supplementary Agreement on growers; and public and educational outings, I ask that you, Madam Speaker, and the en- Cross-Strait Air Transport’’ was signed to in- including a focus on underserved populations. tire U.S. House of Representatives join me in crease the number of daily flights, both pas- Andrea has played a key role in developing recognizing and thanking Ms. Barbara McClain senger and cargo, between Taiwan and China these programs as well as increasing the for her tremendous accomplishments on be- plus increase the number of airports by which amount of open space from 25,000 acres to half of small businesses. Ms. McClain is these flights will depart. 75,000 acres (including 33,000 acres of farm- owner and president of McClain Contracting In addition to these three agreements, land). Company, Inc., a firm that has provided a China has agreed to encourage investments In 2007, in testament to Andrea’s manage- range of services to military bases and other from the mainland into Taiwan ventures. ment, the District was selected for the National federal installations. Ms. McClain began her All of these important agreements would not Leadership in Conservation Award from the career as a bookkeeper and payroll clerk in have been possible without President Ma’s National Association of Counties (NACo) and 1968, and worked for several firms before in- leadership and courage. Again, congratula- the Trust for Public Land in Washington, D.C. corporating her own business in 1990 selling tions to President Ma and both countries on She was also one of 36 Fellows selected to ATVs and watercraft. After limited success in each side of the Taiwan Strait. participate in the National Conservation Lead- this venture, McClain transformed the busi- f ership Institute program, is a member of the ness and became a licensed construction Executive Committee and future President of company, receiving a SBA certification as a HONORING ANDREA MACKENZIE the Bay Area Open Space Council and served HubZone and 8(a) firm in September 2005. on both the Urban Rural Roundtable (formed With the program’s assistance, McClain HON. MIKE THOMPSON by San Francisco Mayor Gavin Newsom to Contracting prospered by expanding its work OF CALIFORNIA create a Bay Area Regional Food System) to the federal level. The company has been IN THE HOUSE OF REPRESENTATIVES and on the Statewide Watershed Advisory awarded over $13 million in contracts by Tuesday, May 19, 2009 Committee. Kessler Air Force Base and performed work Madam Speaker, Andrea Mackenzie’s com- for other military and veteran-service facilities Mr. THOMPSON of California. Madam bination of visionary and practical leadership in Mississippi. Having gained a reputation for Speaker, I, along with my colleague Congress- has made the Sonoma County Agricultural quality work, McClain Contracting is currently woman LYNN WOOLSEY, rise today to honor a Preservation and Open Space District a vital seeking to expand its services throughout the dedicated and beloved advocate for pre- player in our community. Sonoma County Southeast region. serving agriculture and the environment in could have gone the way of other growing Madam Speaker, Ms. McClain has exempli- Sonoma County, California. Andrea Mackenzie counties in California with sprawl from end to fied the remarkable accomplishments of which is leaving the Sonoma County Agricultural end. Instead, it remains blessed with green America’s entrepreneurs are capable. This Preservation and Open Space District, and we open space, productive agriculture, and many week, she will testify before the House Small celebrate her 12 productive years, especially unique and intact ecosystems. We thank her Business Committee to share her story. I ask the last eight years as General Manager. for her great contributions to our children’s that you and the entire U.S. House of Rep- Andrea was born in upstate New York and natural inheritance and wish her luck in her resentatives join with me in honoring her for grew up in Los Angeles. She earned a Bach- new position where she will be continuing her the extraordinary work she has done for the elor’s Degree in Environmental Studies from good work closer to her family. small business economy. Her efforts dem- the University of California at Santa Barbara f onstrate that if given the right resources, and a Master’s Degree in Urban Planning and America’s small businesses can be the cata- Natural Resources from the University of Cali- HONORING MARK A. BANCROFT lysts that lift our economy from the current fornia at Los Angeles. downturn and put us on the road to recovery. With her love of both the coast and the rug- HON. MICHAEL H. MICHAUD f ged mountains of the High Sierra, it is no sur- OF MAINE prise that Andrea worked for over 25 years in IN THE HOUSE OF REPRESENTATIVES PRESIDENT MA OF TAIWAN land use and conservation-related positions, including the East Bay and San Francisco Tuesday, May 19, 2009 HON. JOHN CONYERS, JR. where she began to develop a focus on col- Mr. MICHAUD. Madam Speaker, I rise OF MICHIGAN laborative public/private projects and regional today to recognize the accomplishments of IN THE HOUSE OF REPRESENTATIVES approaches. She also loves walkable commu- Mark A. Bancroft, President of Bancroft Con- nities, old barns, hiking and kayaking, country tracting Corporation in South Paris, Maine. Tuesday, May 19, 2009 rock, and nature writers. Mr. Bancroft knows the meaning of dedica- Mr. CONYERS. Madam Speaker, I rise Andrea first served the Sonoma County Ag- tion. He started working for his father’s com- today to offer my congratulations on the one ricultural Preservation and Open Space Dis- pany, Bancroft Contracting Corporation, at the year anniversary of President Ma of Taiwan. trict as project manager for the strategic con- age of fourteen. He spent weekends, holidays, President Ma has accomplished much during servation plan update, creating documents and school vacations learning the skills nec- his tenure to reduce the tensions in the Tai- that have become models for other public land essary to succeed in his trade. After success- wan Strait. conservation agencies. In 2000, she was ap- fully completing the Construction Management I want to shed light on the third Chiang- pointed General Manager by the Board of Su- Technology program at the University of Chen talks that occurred last month to high- pervisors. Maine, Mr. Bancroft returned to work for his light my point. The mission of the District is to ‘‘perma- father full time. The third Chiang-Chen Talks, which took nently protect the diverse agricultural, natural In the years following the completion of his place in Nanjing, brought together top officials resource and scenic open space lands of degree, Mr. Bancroft worked as a project man- from both sides of the Taiwan straits to dis- Sonoma County for future generations.’’ Fund- ager, human resources manager, operations

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12922 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 manager, Vice President of Operations, and on October 21, 2008, he was doing what he RECOGNIZING MR. SUTTON BACON President for Bancroft Contracting Company. loved the most—attending to the needs of The In 2004, he became owner and CEO. Today, Bronx community. His death at the age of 98 HON. HEATH SHULER Mr. Bancroft’s company employs one hundred- years old does not signal an end to a dedi- OF NORTH CAROLINA thirty workers during the winter and more than cated career of serving his community, but the IN THE HOUSE OF REPRESENTATIVES two hundred during the summer. The Small beginning for those whose lives were touched Tuesday, May 19, 2009 Business Administration has recognized Mr. by Dr. Karmon to continue his work. Mr. SHULER. Madam Speaker, I rise today Bancroft’s business expertise and commitment The Bronx is full of busy men, but most of by naming him the Maine Small Business Per- to honor America’s entrepreneurs, those dis- us found the activities of Dr. Karmon aston- tinguished individuals who support our com- son of the Year for 2009. ishing. He took time to work with dozens of Madam Speaker, please join me in con- munities, drive innovation, and keep our nation groups and organizations in keeping The gratulating Mr. Bancroft on a lifetime of hard strong. Small businesses bring fresh ideas to Bronx a good place to work and live, and all work and devotion. the table, develop the resources to meet the of that on a ‘‘volunteer basis.’’ This had been demands of an ever-changing world, and f a ‘‘working together’’ story with people of all make a meaningful impact on our neighbor- HONORING RABBI HOWARD groups. Dr. Karmon was one of the most hoods. Entrepreneurs are responsible for pro- HERSCH deeply involved residents of our borough. For viding 60 to 80 percent of all new jobs, giving all his work, Dr. Karmon was awarded an hon- them the potential to propel rapid economic HON. PATRICK J. MURPHY orary Doctor of Humane Letters by Lehman growth and expand ever-developing fields. College, the Presidential Medallion by Bronx Some of the country’s largest companies OF PENNSYLVANIA Community College, and the first Hostos Com- began as start-ups in small offices, homes and IN THE HOUSE OF REPRESENTATIVES munity College Presidential Medal. garages exploring these new fields. Limited Tuesday, May 19, 2009 only by their imagination, these firms per- A graduate of New York University, Dr. formed cutting-edge work in emerging indus- Mr. PATRICK J. MURPHY of Pennsylvania. Karmon worked as an accountant, a manufac- tries that have become the very foundation of Madam Speaker, I rise today to honor Rabbi turer of clothing and as a clothing retailer on Howard Hersch, the spiritual leader of Con- our society. Prospect Avenue. The business, Hollywood As our nation and the world face the most gregation Brothers of Israel in Newtown, Clothes, was a Bronx Institution for over 30 difficult economic conditions in decades, entre- Bucks County, Pennsylvania. Rabbi Hersch years. He was also a builder of parking lots, preneurs have the potential to lead us back to will be retiring in July after 48 years of dedi- developer of buildings for use by public and prosperity. The resiliency and adaptability cated service to his community. private agencies and was very active in many shown by small businesses in past recessions While serving at the Congregation Brothers phases of real estate. Dr. Karmon served The demonstrate their capability to meet the chal- of Israel, Rabbi Hersch has worked tirelessly Bronx for 68 years in many business, civic, lenges standing in their way and emerge to provide his congregants with leadership, health, service and humanitarian organiza- stronger than ever. America’s small busi- kindness, and an open ear. His combination of tions. He served on the organizational com- nesses will drive the economic recovery from wisdom, humor, and compassion has created mittee that brought about the Einstein College this downturn and our economy will emerge an atmosphere of warmth in his synagogue of Medicine and he continued to work on be- stronger than ever. Times may be tough, but that his congregants will truly miss. half of the College until his death. America’s entrepreneurial spirit is tougher. Rabbi Hersch is not only a scholar, teacher, Dr. Karmon served as an officer or chair- To recognize the monumental achievements and respected associate of several Rabbinical of our nation’s small firms, the Small Business Boards, but also a member of many humani- man in The Bronx Rotary Club, The Bronx Council of the Albert Einstein College of Medi- Administration (SBA) has declared May 17–23 tarian and civic organizations. He has dedi- as the 46th Annual National Small Business cated his life to advancing the causes of the cine, American Jewish Congress, Bronx Divi- sion, Bronx Boy’s and Girls Clubs’, Visions Week. The House Small Business Committee State of Israel, the Jewish people, and of all is celebrating all our country’s hard-working people in need. and Community Services for the Blind and the Bronx YMCA. Dr. Karmon served as President entrepreneurs by saluting the Heroes of Small Rabbi Hersch has contributed enormously to Business, those men and women who have of the Bronx Chamber of Commerce for four his community in Bucks County. His commit- shown the strength, leadership, and resource- consecutive terms after serving on its Board ment to service through spiritual leadership fulness that keep our economy moving for- since 1953. He played an instrumental role in and education is a characteristic to be emu- ward. lated. Madam Speaker, I am proud to recog- organizing the South Bronx Board of Trade, I ask that you, Madam Speaker, and the en- nize Rabbi Hersch for his outstanding efforts, which greatly aided minority businesses and tire U.S. House of Representatives join me in and am extremely honored to serve as his was one of the founders of the Ponce de Leon recognizing and thanking Mr. Sutton Bacon for Congressman. Federal Bank in 1959. his tremendous accomplishments on behalf of f For twenty-two years, Mr. Karmon served as small businesses. Mr. Bacon is President and a member of the Lay Advisory Board for Lin- CEO of Nantahala Outdoor Center (NOC), the REMEMBERING THE LIFE OF ‘‘MR. coln Hospital, nine of those years as its chair- largest outdoor recreation company in the BRONX,’’ DR. ELIAS KARMON man, and he played a pivotal role in the estab- United States. He is responsible for overall lishment of the new Lincoln Hospital. Dr. business strategy and operational perform- HON. CHARLES B. RANGEL Karmon was also credited with helping to cre- ance of the employee-owned company, which OF NEW YORK ate the first building of Hostos Community Col- draws over half a million visitors every year. IN THE HOUSE OF REPRESENTATIVES lege. Located near the Great Smoky Mountains Na- tional Park, NOC has been honored by sev- Tuesday, May 19, 2009 Elias will be long remembered for his ex- eral publications for its exemplary facilities and traordinary commitment, energy, wisdom, dis- Mr. RANGEL. Madam Speaker, I rise with service excellence. great sadness as I remember the life of my cipline, principle, and clear purpose which won Mr. Bacon is an active conservationist, serv- dear friend Dr. Elias Karmon who recently the admiration of all who were privileged to ing on the boards of multiple outdoor recre- passed away. As I speak with profound sor- come to know and work with him during his ation and natural preservation organizations. row, I ascend to celebrate a life well lived and distinguished career in and around music. I He is an advocate of increased youth involve- to remember with fondness the accomplish- consider myself fortunate to have had the op- ment with nature, and established the NOC ments of a remarkable man who, over his portunity to observe and experience his exam- Foundation to provide better access to outdoor many years in our community, etched his ple as a personal inspiration. experiences, equipment, and education for name in history as a visionary who erected in- Madam Speaker, rather than mourn his youth and underserved communities. A classi- stitutions and forever transformed the quality passing, I hope that my colleagues will join me cally trained musician, Mr. Bacon has per- of life of his fellow Bronxites. in celebrating the life of Dr. Elias Karmon by formed with the Atlanta Symphony Orchestra Mr. Bronx, as he was affectionately called, remembering that he exemplified greatness in Chorus and has performed on GRAMMY was born on March 4, 1910 and until his death every way. Award-winning commercial records.

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD May 19, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 12923 Madam Speaker, Mr. Bacon has exemplified AmericaView is a nationwide program that tioned at nearby Fort Benning. She’s an active the remarkable accomplishments of which focuses on satellite remote sensing data and volunteer for Operation Homefront and she’s America’s entrepreneurs are capable. This technologies in support of applied research, helped organize baby showers for Army week, he will testify before the House Small K–16 education, workforce development, and spouses and ‘‘My Mommy/Daddy’s Deploy- Business Committee to share his story. I ask technology transfer. AmericaView is adminis- ment Party’’ for the children of Fort Benning that you and the entire U.S. House of Rep- tered through a partnership between the U.S. soldiers who have gone overseas. As the resentatives join with me in honoring him for Geological Survey and the AmericaView Con- daughter of a Korean War vet, she has a spe- the extraordinary work he has done for the sortium, which is comprised of over 30 cial bond with these children and she knows small business economy. His efforts dem- ‘‘StateViews.’’ The Consortium is the federal the anxiety they feel when their parents are onstrate that if given access to the right re- government’s primary partner in achieving the deployed. sources, America’s small businesses can be program’s vision and goals. Specifically, ap- Kuriatnyk’s work on behalf of children has the catalysts that lift our economy from the plied researchers at universities in each mem- benefited all of Georgia, not just her fellow current downturn and put us on the road to re- ber state collaborate with each other and with military families. She’s created programs that covery. government agencies to develop and share in- have advanced the causes of booster seat f formation and techniques for using remote use, lead-free toys and skateboard safety. sensing data. I’m proud to have this great patriot as a HONORING THE EMPLOYEES OF The purpose of this bill is to authorize the constituent in Georgia’s 3rd Congressional GENESYS REGIONAL MEDICAL AmericaView Geospatial Imagery Mapping District. I call on my colleagues in the House CENTER Program. By authorizing this program, Con- to join me in congratulating Christy Kuriatnyk gress recognizes the important work con- on attaining this honor and in thanking her for HON. DALE E. KILDEE ducted by the AmericaView Consortium in col- all of the time and energy she devotes to our OF MICHIGAN laboration with U.S.G.S. Since the 1970s, the beloved military families. She’ll represent mili- IN THE HOUSE OF REPRESENTATIVES federal government has invested in earth-ob- tary families with distinction as the 2009 Navy serving satellites that provide remote sensing Tuesday, May 19, 2009 Spouse of the Year. imagery. When federal geospatial imagery is Mr. KILDEE. Madam Speaker, I rise today available in a cost-effective and timely man- f to pay tribute to the employees of Genesys ner, state, local, and tribal governments as Regional Medical Center for their quick action well as educational institutions are able to de- THE WOUNDED VETERAN JOB during a fire at the hospital on March 22, velop new scientific, educational, and practical SECURITY ACT 2009. applications for the data and to adopt new On that morning a fire started in a patient tools for applied research, education, and HON. JOHN T. SALAZAR room at the Medical Center. A nurse sounded training. OF COLORADO the alarm and escorted the patient from the The AmericaView program is uniquely posi- IN THE HOUSE OF REPRESENTATIVES room. The nursing staff mobilized and moved tioned to help each state develop applications 36 patients from the area of the fire. The pa- and skills necessary to effectively apply Tuesday, May 19, 2009 tients ranged from the wheelchair-bound to the geospatial imagery for multiple state-focused Mr. SALAZAR. Madam Speaker, I rise today non-ambulatory and many were on oxygen. mapping purposes, and to expand the use and in support of H.R. 466 the Wounded Veteran Security staff, other employees and physicians benefits of geospatial imagery for research Job Security Act. moved in with fire extinguishers. The oxygen and operational purposes within each state. It is more important than ever that we sup- Thank you, Madam Speaker. I look forward supply to the area was cut off, the sprinkler port this bill because of the difficult economic to working with all my colleagues to promptly system activated and the fire was contained to times facing our nation. pass the AmericaView Geospatial Imagery one room. American servicemen and women put their Mapping Program Act. The Grand Blanc Fire Department noted lives on the line every day to ensure our free- that not one patient or employee was injured f doms. during the entire incident. Due to the quick re- TRIBUTE TO CHRISTY KURIATNYK Across the globe, U.S. troops are engaging sponse by the Genesys staff, patient care was in combat and humanitarian missions that not compromised during the evacuation. Fire place them in harms way. Chief James Harmes has complimented the HON. LYNN A. WESTMORELAND Regardless of the danger, generations of Genesys team for their great work during the OF GEORGIA Americans continue to answer the call of duty. crisis. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, the Genesys Regional Tuesday, May 19, 2009 My father was an Army Staff Sergeant dur- ing World War II. Medical Center staff put the well-being of their Mr. WESTMORELAND. Madam Speaker, I patients first and they worked together to en- My brother and I served in the Army during rise today to pay tribute to Christy Kuriatnyk, the Vietnam era. sure each and every patient was moved to named the 2009 Navy Spouse of the Year by Most recently, my son’s Army National safety, the fire was extinguished expeditiously, Military Spouse Magazine and USAA. and the security of the Medical Center was not We often praise our men and women in uni- Guard unit was activated after the September compromised. I ask the House of Representa- form who put their lives on the line every day 11th attacks. tives to join me in commending the employees for our freedom and our security. We’re aware As a former member of the House Com- for their unwavering dedication and quick ac- of the debt we owe to them but perhaps ne- mittee on Veteran’s Affairs, I worked with my tion. glect the unsung heroes they leave behind on colleagues to ensure that Veterans had oppor- tunities to find a job once they returned home. f the home front: the spouses and children of our troops. It is important that veterans not only find a INTRODUCTION OF THE From among these great Americans, job, but they are not penalized by their em- AMERICANVIEW GEOSPATIAL IM- Kuriatnyk has gained singular acclaim for her ployer for injuries or illnesses they received in AGERY MAPPING PROGRAM ACT outstanding contributions to her community the service of their nation. above and beyond her duties as a military A stable career path is essential to ensuring HON. STEPHANIE HERSETH SANDLIN spouse, mother of three and employee of the a seamless transition into civilian life. OF SOUTH DAKOTA Columbus Health Department. It is unacceptable to merely provide equip- IN THE HOUSE OF REPRESENTATIVES Kuriatnyk holds down the fort in Ellerslie, ment to protect our troops in combat without GA, while her husband, Lt. Cmdr. Alex also having policies in place to protect them Tuesday, May 19, 2009 Kuriatnyk, is stationed at the Gulfport, MS, once they return home. Ms. HERSETH SANDLIN. Madam Speaker, Construction Battalion Center. He is the oper- I hope to work with my colleagues on both today I am pleased to introduce the ations officer there. sides of the aisle to create policy that helps AmericaView Geospatial Imagery Mapping Though married to a Navy man, Kuriatnyk our veterans and their families prosper and Program Act. often works on behalf of Army families sta- enjoy the freedoms they helped to ensure.

VerDate Mar 15 2010 08:25 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E19MY9.000 E19MY9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12924 EXTENSIONS OF REMARKS, Vol. 155, Pt. 10 May 19, 2009 ASIAN PACIFIC AMERICAN As we celebrate Asian Pacific American they provide restitution for the harm caused to HERITAGE MONTH Heritage Month, I encourage the people of my the entire community. district and this nation to learn about the rich The effectiveness of OAR is evident. In HON. BARBARA LEE and proud heritage of Asian Pacific Ameri- 2006, OAR provided services to more than OF CALIFORNIA cans. 3,000 clients. In addition, OAR of Fairfax has IN THE HOUSE OF REPRESENTATIVES f been recognized by the Catalogue for Philan- thropy as one of the best small charities in Tuesday, May 19, 2009 HONORING THE OAR OF FAIRFAX COUNTY’S 2009 VOLUNTEER AND Greater Washington. Ms. LEE of California. Madam Speaker, I COMMUNITY PARTNER AWARD- OAR would not be able to achieve these rise today in celebration of Asian Pacific EES stellar results without the selfless dedication of American Heritage Month. its volunteers. It is my honor to enter into the Asian Pacific American Heritage Week was HON. GERALD E. CONNOLLY CONGRESSIONAL RECORD, the names of the first established in 1978 through a joint con- OAR 2009 Volunteer and Community Partner OF VIRGINIA gressional resolution. The first 10 days of May Awardees: IN THE HOUSE OF REPRESENTATIVES were chosen to coincide with two key anniver- Volunteers of the Year: Linda Grill of Clifton Tuesday, May 19, 2009 saries—the arrival in the U.S. of the first Japa- and Dana McMillen-Paz of Fairfax nese immigrants on May 7, 1843 and the Mr. CONNOLLY of Virginia. Madam Speak- William H. Sandweg Award for Advocacy completion of the transcontinental railroad on er, I rise today to pay tribute to Opportunities, and Financial Support: The Apex Foundation May 10, 1869. Fourteen years later, Congress Alternatives and Resources (OAR) of Fairfax of Herndon expanded the week to a month-long celebra- County and its 2009 Volunteer and Commu- The Nancy Cornelius Memorial Award for tion. nity Partner Awardees. Leadership and Support in the Criminal Jus- Today, I am proud to join with all Americans OAR of Fairfax County is a community- tice Community: Col. David M. Rohrer, Chief, in celebrating the tremendous contributions of based non-profit with 38 years of experience Fairfax County Police Department the Asian American and Pacific Islander, providing a continuum of pre-release and post- AAPI, community in to this country. The AAPI incarceration services for offenders and their Marjorie Ginsburg Award for Service to community is the fastest-growing minority families in Fairfax County. OAR’s mission is to Families: St. Mary of Sorrows Catholic group in the United States. The Census Bu- rebuild lives and break the cycle of crime with Church, Fairfax, Carol Mayfield, Social Min- reau estimates that by 2050 more than 33.4 opportunities, alternatives and resources for istry Director million Asian Americans will live in the United offenders to create a safer community. To ac- Corporate Partner Award: Casual Male Big States. complish this, OAR’s professional staff and its & Tall Outlet Store, Woodbridge I am extremely proud to represent several trained volunteers develop, promote, and op- Executive Director’s Award: Lonny Ford of emerging AAPI neighborhoods in my District erate cost-effective programs to restore crimi- Gainesville representing cultures from Vietnam, Korea and nal offenders to productive roles in the com- Madam Speaker, I ask my colleagues to join China just to name a few. In particular, the munity. OAR also offers options to prosecution me in expressing gratitude for the efforts of Chinatown neighborhood located in Oakland, and/or incarceration and provides support these volunteers and their colleagues at OAR California has grown and evolved into one of services to families. In offering assistance to of Fairfax County. The selfless commitment of the most cohesive and vibrant business and offenders, OAR promotes the principles of re- these individuals provides enumerable benefits arts communities in the, Ninth Congressional storative justice, which holds offenders ac- to Northern Virginia and life-changing services District. countable for their crimes and requires that to the clients and families being served.

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