[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Issue]
[Pages 8266-8293]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 8266]]

             HOUSE OF REPRESENTATIVES--Friday, May 14, 2010


  The House met at 11:30 a.m. and was called to order by the Speaker 
pro tempore (Mrs. Capps).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                     May 14, 2010.
       I hereby appoint the Honorable Lois Capps to act as Speaker 
     pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Lord God, You are our light and our salvation. Your Word contains 
wisdom for our growth and guides us in decisions which shape the 
future. Your Spirit inspires us to penetrate new dimensions of 
ourselves and the world around us.
  You never cease to teach us how to learn from our mistakes and extend 
compassion and forgiveness to others. Thank you, Lord our God, for life 
and opportunities and that You are not finished with us yet.
  May we give You glory and thanksgiving both now and forever. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. The Chair will lead the House in the Pledge 
of Allegiance.
  The SPEAKER pro tempore led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                     House of Representatives,

                                     Washington, DC, May 14, 2010.
     Hon. Nancy Pelosi,
     Speaker, Capitol, House of Representatives, Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of rule II of the Rules of the U.S. House of 
     Representatives, I have the honor to transmit a sealed 
     envelope received from the White House on Friday, May 14, 
     2010 at 10:52 a.m., and said to contain a message from the 
     President whereby he submits a copy of a notice filed earlier 
     with the Federal Register continuing the emergency with Burma 
     first declared in Executive Order 13047 of May 20, 1997.
       With best wishes, I am,
           Sincerely,
     Lorraine C. Miller.

                          ____________________




 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO BURMA--MESSAGE 
     FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 111-115)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, referred to the Committee on Foreign 
Affairs and ordered to be printed:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a 
notice stating that the emergency is to continue in effect beyond the 
anniversary date. I have sent the enclosed notice to the Federal 
Register for publication, stating that the Burma emergency is to 
continue in effect beyond May 20, 2010.
  The crisis between the United States and Burma arising from the 
actions and policies of the Government of Burma, including its engaging 
in large-scale repression of the democratic opposition in Burma, that 
led to the declaration of a national emergency in Executive Order 13047 
of May 20, 1997, as modified in scope and relied upon for additional 
steps taken in Executive Order 13310 of July 28, 2003, Executive Order 
13448 of October 18, 2007, and Executive Order 13464 of April 30, 2008, 
has not been resolved. These actions and policies are hostile to U.S. 
interests and pose a continuing unusual and extraordinary threat to the 
national security and foreign policy of the United States. For this 
reason, I have determined that it is necessary to continue the national 
emergency with respect to Burma and maintain in force the sanctions 
against Burma to respond to this threat.
                                                        Barack Obama.  
The White House, May 13, 2010.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                     House of Representatives,

                                     Washington, DC, May 14, 2010.
     Hon. Nancy Pelosi,
     The Speaker, Capitol, House of Representatives, Washington, 
         DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on May 14, 2010 at 10:11 
     a.m.:
       That the Senate passed S. 1132.
       That the Senate passed with amendments H.R. 714.
       That the Senate passed S. 2768.
       Appointments:
       Harry S. Truman Scholarship Foundation Board of Trustee.
       Board of Directors of the Office of Compliance.
       With best wishes, I am,
           Sincerely,
     Lorraine C. Miller.

                          ____________________




                          SENATE BILL REFERRED

  A bill of the Senate of the following title was taken from the 
Speaker's table and, under the rule, referred as follows;

       S. 1132. An act to amend title 18, United States Code, to 
     improve the provisions relating to the carrying of concealed 
     weapons by law enforcement officers, and for other purposes; 
     to the Committee on the Judiciary.

                          ____________________




                      SENATE ENROLLED BILLS SIGNED

  The Speaker announced her signature to enrolled bills of the Senate 
of the following titles:

       S. 1067. An act to support stabilization and lasting peace 
     in northern Uganda and areas affected by the Lord's 
     Resistance Army through development of a regional strategy to 
     support multilateral efforts to successfully protect 
     civilians and eliminate the threat posed by the Lord's 
     Resistance Army and to authorize funds for humanitarian 
     relief and reconstruction, reconciliation, and transitional 
     justice, and for other purposes.
       S. 3333. An act to extend the statutory license for 
     secondary transmissions under title 17, United States Code, 
     and for other purposes.

[[Page 8267]]



                          ____________________




                              ADJOURNMENT

  The SPEAKER pro tempore. Without objection, the House stands 
adjourned until 12:30 p.m. on Tuesday next for morning-hour debate.
  There was no objection.
  Accordingly (at 11 o'clock and 36 minutes a.m.), under its previous 
order, the House adjourned until Tuesday, May 18, 2010, at 12:30 p.m., 
for morning-hour debate.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 2 of rule XIV, executive communications were taken from 
the Speaker's table and referred as follows:

       7490. A communication from the President of the United 
     States, transmitting A Request For Budget Amendments For 
     Fiscal Year 2010 proposals in the Fiscal Year 2011 Budget for 
     the Department of Homeland Security; (H. Doc. No. 111--116); 
     to the Committee on Appropriations and ordered to be printed.
       7491. A letter from the Assistant Secretary, Department of 
     Defense, transmitting the National Guard Youth Challenge 
     Program Annual Report for Fiscal Year 2010; to the Committee 
     on Armed Services.
       7492. A letter from the Assistant General Counsel for 
     Legislation, Regulation and Energy Efficiency, Department of 
     Energy, transmitting the Department's ``Major'' final rule--
     Energy Conservation Program: Energy Conservation Standards 
     for Residential Water Heaters, Direct Heating Equipment, and 
     Pool Heaters [Docket No.: EE-2006-BT-STD-0129] (RIN: 1904-
     AA90) received May 12, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       7493. A letter from the Department Director, Regulations 
     Policy and Management Staff, Department of Health and Human 
     Services, transmitting the Department's ``Major'' final 
     rule--Use of Ozone-Depleting Substances; Removal of 
     Essential-Use Designation (Flunisolide, etc.) [Docket No.: 
     FDA-2006-N-0304] (formerly Docket No. 2006N-0262) (RIN: 0910-
     AF92) received May 11, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       7494. A letter from the Office Manager, Department of 
     Health and Human Services, transmitting the Department's 
     ``Major'' final rule--Early Retiree Reinsurance Program (RIN: 
     0991-AB64) received May 4, 2010, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       7495. A letter from the Chief Judge, Superior Court of the 
     District of Columbia, transmitting the Court's report on the 
     activities of the Family Court during 2009, pursuant to 
     Public Law 107-114; to the Committee on Oversight and 
     Government Reform.
       7496. A letter from the Deputy Assistant Administrator for 
     Regulatory Programs, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's ``Major'' 
     final rule--Fisheries of the Caribbean, Gulf of Mexico, and 
     South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 
     Amendment 31 [Docket No.: 09225243-0170-03] (RIN: 0648-AX67) 
     received May 11, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Natural Resources.
       7497. A letter from the Paralegal Specialist, Department of 
     Defense, transmitting the Department's final rule--
     Airworthiness Directives; Rolls-Royce plc RB211-Trent 700 
     Series Turbofan Engines [Docket No.: FAA-2005-19559; 
     Directorate Identifier 2004-NE-03-AD; Amendment 30-16254; AD 
     2010-07-09] (RIN: 2120-AA64) received April 26, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       7498. A letter from the Paralegal Specialist, Department of 
     Transportation, transmitting the Department's final rule--
     Amendment of Class E Airspace; Dallas-Fort Worth, TX [Docket 
     No.: FAA-2009-0926; Airspace Docket No. 09-ASW-26] received 
     April 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       7499. A letter from the Senior Regulations Analyst, 
     Department of Transportation, transmitting the Department's 
     final rule--Short-Term Lending Program (STLP) [Docket No.: 
     OST-2008-0236] (RIN: 2105-AD50) received April 26, 2010, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       7500. A letter from the Chairman, Federal Maritime 
     Commission, transmitting the Commission's report for fiscal 
     year 2009 on the amount of acquisitions made from entities 
     that manufacture articles, materials, or supplies outside of 
     the United States, pursuant to Section 641 of the 
     Consolidated Appropriations Act of 2005; to the Committee on 
     Transportation and Infrastructure.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII,

        Mr. GINGREY of Georgia (for himself, Mr. Pence, Mr. 
     Bartlett, Mr. Bishop of Utah, Mrs. Blackburn, Mr. Franks of 
     Arizona, Ms. Granger, Mr. Hall of Texas, Mrs. Lummis, Mr. 
     Marchant, Mr. McClintock, Mr. Pitts, and Mr. Posey): 
     introduced a bill (H.R. 5318) to amend the Internal Revenue 
     Code of 1986 to waive the 10-percent penalty on early 
     distributions from individual retirement plans for small 
     business investments; which was referred to the Committee on 
     Ways and Means.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 878: Mr. Wittman.
       H.R. 1250: Ms. Pingree of Maine and Mr. Maffei.
       H.R. 2198: Mr. Schiff.
       H.R. 2277: Mr. Welch.
       H.R. 3408: Mr. Schiff, Mr. Engel, and Mr. Ellison.
       H.R. 3936: Mr. Rothman of New Jersey.
       H.R. 4070: Mr. Manzullo.
       H.R. 4940: Mr. Shuster and Mr. Donnelly of Indiana.
       H.R. 5175: Mr. Etheridge.
       H. Res. 1339: Mr. Langevin.
       
       
       


[[Page 8268]]

                      SENATE--Friday, May 14, 2010

  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Jeff Merkley, a Senator from the State of Oregon.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Gracious God, in whose presence the dark night of anxiety is 
dispelled by the dawn of Your peace, thank You for guiding us beside 
still waters. Lord, we do not ask for faith for the whole of life but 
for enough trust to live one day at a time.
  Draw our lawmakers near to You so that they may see the beauty of 
Your purposes and discern Your plan. Purge their thoughts and speech 
that no unworthy communications may proceed out of their mouths. Lord, 
teach them new truths today, so that they may soar on the wings of Your 
joy and light.
  We pray in Your great Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Jeff Merkley led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The assistant legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                     Washington, DC, May 14, 2010.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Jeff Merkley, a Senator from the State of Oregon, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. MERKLEY thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




           RESTORING AMERICAN FINANCIAL STABILITY ACT OF 2010

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 3217, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (S. 3217) to promote the financial stability of the 
     United States by improving accountability and transparency in 
     the financial system, to end ``too big to fail,'' to protect 
     the American taxpayer by ending bailouts, to protect 
     consumers from abusive financial services practices, and for 
     other purposes.

  Pending:

       Reid (for Dodd/Lincoln) amendment No. 3739, in the nature 
     of a substitute.
       Brownback modified amendment No. 3789 (to amendment No. 
     3739), to provide for an exclusion from the authority of the 
     Bureau of Consumer Financial Protection for certain 
     automobile manufacturers.
       Brownback (for Snowe/Pryor) amendment No. 3883 (to 
     amendment No. 3739), to ensure small business fairness and 
     regulatory transparency.
       Specter modified amendment No. 3776 (to amendment No. 
     3739), to amend section 20 of the Securities Exchange Act of 
     1934 to allow for a private civil action against a person 
     that provides substantial assistance in violation of such 
     Act.
       Dodd (for Leahy) amendment No. 3823 (to amendment No. 
     3739), to restore the application of the Federal antitrust 
     laws to the business of health insurance to protect 
     competition and consumers.
       Whitehouse amendment No. 3746 (to amendment No. 3739), to 
     restore to the States the right to protect consumers from 
     usurious lenders.
       Dodd (for Rockefeller) amendment No. 3758 (to amendment No. 
     3739), to preserve the Federal Trade Commission's rule making 
     authority.

  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.
  Mr. CASEY. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                              Afghanistan

  Mr. CASEY. Mr. President, I rise this morning to speak about the 
visit this week by Afghan President Karzai and many of his ministers, 
as well as the policy that is unfolding all these many months in 
Afghanistan.
  I rise in the midst of a debate we are having in the Senate on 
financial reform and continuing efforts and strategies to be put in 
place to create jobs. Even in the midst of all those domestic concerns 
that are economic in nature--and we are still very concerned about and 
working on the problems of those who are out of work--we need, in that 
context, to also be concerned about what is happening in Afghanistan. 
So I wish to discuss President Karzai's visit and, as I mentioned, the 
visit, as well, by other Afghan government officials.
  The other reason I rise in connection with that topic is to talk 
about the continuing threat our troops face from improvised explosive 
devices known by the acronym IEDs. They continue to pose a threat to 
our troops, and we have to continue to be concerned about the nature of 
that threat.
  In a broader sense, when it comes to this policy, we have to get this 
right. We have to make sure our government is continually focused on 
getting this strategy right in Afghanistan, as it relates to security, 
governance, and development--all aspects of the strategy, working with 
our coalition partners in doing that.
  First and foremost, on the question of IEDs, the Los Angeles Times 
reported last week that three-fifths of the 602 combat-related deaths 
of U.S. troops in Afghanistan were due to roadside bombs, the so-called 
IEDs, improvised explosive devices. The primary ingredient in these 
bombs is ammonium nitrate, a fertilizer that can also be used as an 
explosive. We know this from our recent history.
  We also know we have some domestic history to consider. Timothy 
McVeigh used a 4,800-pound ammonium nitrate bomb to attack the Alfred 
Murrah building in Oklahoma City in April of 1995.
  The Afghan Government has recognized this problem--the use of 
ammonium nitrate--and has begun working with coalition troops to crack 
down on the use of ammonium nitrate. It is no longer legal in 
Afghanistan to use ammonium nitrate in farming, and Afghan farmers 
receive training on how to use other types of fertilizer.
  During yesterday's press conference President Karzai had with 
President Obama, he discussed the use of ammonium nitrate and, in 
particular, its impact on U.S. troops. I was glad he did that. I am 
glad President Obama has been focused on this issue as well. I had a 
chance yesterday, in a lunch with a small group of Senators, to ask 
President Karzai directly about this issue. So we talked about it 
yesterday at lunch as well.
  Despite this ban in Afghanistan, ammonium nitrate manages to make its 
way to Afghanistan, reportedly from Pakistan. The Los Angeles Times 
reported that transport routes are lined with corrupt Pakistani police 
officers--according to the Los Angeles Times--and border officials who 
accept bribes to allow this smuggling to occur. This smuggling is a 
lucrative enterprise. One Pakistani businessman reported making almost 
$950 a month smuggling ammonium nitrate for use in Afghanistan. This is 
a country where the

[[Page 8269]]

monthly average income is $216 a month.
  I urge the Pakistani Government to track and regulate the transport 
of this dangerous material. The government appears to recognize that 
ammonium nitrate could also pose a threat to Pakistan's national 
security as extremists across the country step up their activities 
there as well. As in Afghanistan, it is important for the authorities 
in Pakistan to first show the political will to address this problem, 
and to put in place proper legal mechanisms to diminish its use across 
the border in Afghanistan.
  Ammonium nitrate's use in IEDs is the main killer of U.S. troops in 
Afghanistan. We must do all we can--all we can--to limit its use.
  I understand that if ammonium nitrate did not come from Pakistan, 
smugglers would identify new sources from other bordering countries. 
While this may be the case, it appears as though the primary source 
today is Pakistan. In this case, Pakistan is where we should focus our 
attention. So let's get at the supply of ammonium nitrate. Let's make 
it much harder for terrorists to kill U.S. troops.
  Let me move next to the overall policy in Afghanistan. I was honored 
to be one of seven or eight Senators to have lunch yesterday with 
President Karzai. During his time in Washington, we were all pleased--I 
think both sides of the aisle in the Senate were pleased--that 
President Karzai reiterated his commitments to improving governance and 
reducing corruption. They are commitments, but I think the people of 
Pennsylvania and the people across America need to see results from 
those commitments. I also hope President Karzai will restate his 
support for NATO efforts to win back the country from the Taliban and 
drive the insurgents to the negotiating table.
  In a meeting with Afghan Government ministers on Wednesday, five or 
six other Senators and I emphasized the importance of women's rights in 
Afghanistan. Afghan women play a key role in the decisionmaking 
process. Any peace process or agreement that does not respect and 
uphold the rights of half of the population--the women--of Afghanistan 
will fail to achieve long-term goals for security and stability.
  In February, Senator Boxer and I cohosted a Senate Foreign Relations 
Subcommittee hearing on the future of Afghan women and girls. At that 
hearing, Melanne Verveer, the U.S. Ambassador at Large for Women's 
Issues, testified about the challenges Afghan women and girls face. She 
said:

       Perhaps the greatest remaining impediment to women's full 
     civic participation is violence against women and girls, 
     which remains endemic in Afghan society. Crimes go unpunished 
     because of anemic rule of law and weak institutions of 
     justice. Approximately 80 percent of crimes and disputes are 
     settled through traditional justice mechanisms.

  So said Melanne Verveer, who knows of what she speaks.
  This is a continuing problem. It is not just a moral problem. This is 
a problem long term for us as well because if the women of 
Afghanistan--women and girls--are not treated with respect, are not 
accorded the kind of rights and being given the benefit of a system of 
justice that will protect them, then our whole strategy in Afghanistan 
is undermined.
  We cannot just win this on the battlefield. This is not just about 
the military. There are two other aspects that are so important to this 
strategy: governance and development. Of course, when you are talking 
about governance, you are talking about a system of justice. If half 
the population is the continued target of violence, and if half the 
population is not accorded basic rights and given the benefit of a 
functioning system of justice, our strategy in Afghanistan will fail.
  This is a problem, not only because of the current concern we have 
about how women and girls are treated in Afghanistan and around the 
world, as well as here in the United States--that is the main reason 
for our concern--but it is also connected directly, and I think is 
inextricably intertwined, with our strategy as it relates to governance 
in Afghanistan.
  We know that since the fall of the Taliban, there have been some 
improvements in women's rights, such as the creation of the Ministry 
for Women's Affairs and the guarantee of equal rights for men and women 
in the new constitution. Indeed, Afghan women remain among the worst 
off in the world with respect to life expectancy as well as quality of 
life. So even though progress has been made, we need to see a lot more 
in the way of results.
  I am encouraged by the recent measures undertaken at the top of 
Afghanistan's Government to include the voices of women in the 
consultation process leading up to the Peace Jirga. However, I believe 
it is essential the Afghan Government take immediate measures--
immediate measures--to include qualified women, who have a record of 
public service--civic or community service--in meaningful senior roles 
at every level of the government and in the peace process.
  We were--I know I was; and many of us were--very impressed by the 
women we met who are active participants in the Afghan Government. But 
much more needs to be done.
  Let me move next to more of the military aspects of our strategy: 
both in Marjah--the operation that took place over the last couple of 
months--as well as the upcoming operations in Kandahar.
  On April 29, the Pentagon released its biannual report to Congress on 
the last 6 months in Afghanistan. By all accounts, it was sobering. The 
report portrays an Afghan Government with limited credibility among its 
people. In 92 districts assessed for their support of the Afghan 
Government or their antagonism to it, not one supported the government, 
not one in 92. I realize that sometimes when a report comes out, it is 
dated and it may be that improvements may have been made over the last 
couple of months, but the most recent report was not good in terms of 
support for the Afghan Government.
  Again, our strategy will not be successful unless the Afghan 
Government can improve those numbers of support from its own people. 
This is an important issue that President Karzai and the rest of the 
government must continue to address. I think they are taking steps to 
do that but much more needs to be done.
  The Pentagon report highlights one positive development: The Taliban 
is seen by 52 percent of Afghans as the chief cause of instability. So 
the message is getting out to the people about the destructive impact 
of the Taliban. This perception provides the Afghan Government with an 
opportunity to show itself as the protector of the people.
  One area in which ISAF and international aid donors can help build 
public confidence in their government is food security and 
distribution. Not only is the agricultural sector critical to the well-
being of all Afghans, both agriculture and food distribution are caught 
up in the problems raised by Afghan dependence on opium cultivation, 
extortion, and corruption in aid and transport operations for that, as 
well as manipulation by national and local power brokers.
  The United States has begun shaping operations, mostly political, in 
and around Kandahar to prepare for the next major military campaign. 
While we can apply the lessons learned in Marjah, the Kandahar campaign 
will be a formidable test of our counterinsurgency plan. Kandahar is 
the second largest city in Afghanistan, the birthplace of the Taliban, 
and the Taliban still has considerable support there.
  In judging the success of Kandahar from Washington, we should be 
aware of the significant political and cultural complexities because of 
the coalition's need to shift between fighting and outreach in 
Afghanistan. The contest for public sentiment among Afghan civilians 
will arguably be more important over the long run than the relative 
effectiveness of each side's military skill.
  A functioning government which maintains credibility in the eyes of 
the people of Afghanistan will be necessary if civil military strategy 
is going to have any chance of success. We must continually stress the 
movement toward this goal so as not to lose sight of

[[Page 8270]]

our objectives in Afghanistan. Again, we have to be concerned about 
three things: first, military concerns and the strategy as it relates 
to the military campaigns; second, governance; and third, development.
  The ability of nongovernmental organizations and other aid 
organizations to do great work is hampered by corruption and the 
ineffectiveness of the government. Militarily removing the Taliban 
influence must be accompanied by the timely and effective delivery of 
emergency aid and refugee assistance. It is only when the government 
has the capacity to operate in an effective manner that all the tools 
can be applied to increasing the quality of life of local Afghans as 
well as presenting an alternative to the Taliban's form of rule.
  The upcoming operations in Kandahar will be the largest to date aimed 
at securing the population through General McChrystal's population 
centric civil-military strategy. However, if the government is not 
capable of providing the capacity necessary to follow the military 
clearing operations, the strategy will not succeed.
  Our brave men and women who serve this country deserve a reliable 
partner in the Afghan Government. We must work assiduously and 
continually to realize this vision of a peaceful and stable 
Afghanistan.
  In conclusion, first of all, I wish to thank President Karzai for 
what he said here in the United States, what he did here to reiterate 
the goals we have, the partnership between our government and his 
government to get this policy right. After my two visits to Afghanistan 
in 2008 and 2009, I have been very critical of President Karzai. I must 
say, based upon the last couple of months, based upon the work he did 
here, the statements he made, and some actions he has taken, I have 
more cautious optimism, I will say, than I had before about his ability 
to move forward, helping us on this strategy; his ability to build 
confidence, the confidence of his own people; his ability to have a 
positive impact not only as it relates to our military strategy but, of 
course, especially governance as well as the development after military 
campaigns take place. I also appreciate the fact that President Karzai 
showed great respect not only for our fighting men and women in the 
field and their families but especially for those who gave, as 
President Lincoln said a long time ago in Gettysburg, the last full 
measure of devotion to their country when he visited the graves of some 
of those who perished in that conflict.
  So we have reason to be more optimistic, but the test will be over 
time and based upon real results, facts on the ground as it relates to 
the military operations, governance, and development. So this strategy 
bears a lot of scrutiny.
  In conclusion, I ask unanimous consent to have printed in the Record 
a Los Angeles Times story of May 3, 2010, entitled ``Key Bomb 
Ingredient is Smuggled in Freely in Pakistan.''
  There being no objection, the material was ordered to be printed in 
the Record, as follows;

               [From the Los Angeles Times, May 3, 2010]

         Key Bomb Ingredient Is Smuggled in Freely in Pakistan

                          (By Alex Rodriguez)

       Peshawar, Pakistan.--Twice a week, a caravan of trucks 
     lumbers out of this volatile northwest Pakistan city in the 
     dead of night and makes its way toward Afghanistan, loaded 
     with one of the most coveted substances in a Taliban bomb 
     maker's arsenal: ammonium nitrate fertilizer.
       Every time the illicit caravan makes its trip, it moves 
     unhindered past a gantlet of Pakistani police checkpoints 
     along the Pak-Afghan Highway. A string of bribes paid out to 
     police, politicians and bureaucrats ensures that the smuggled 
     explosive agent reaches its destination, middlemen on the 
     Afghan side of the border who sell it to insurgents, says the 
     co-owner of a Pakistani trucking firm that dispatches the 
     caravans.
       Banned in Afghanistan, ammonium nitrate is the basic 
     ingredient of the Taliban's roadside bombs. The amounts 
     ferried into Afghanistan are staggering. Each truck carries 
     130 bags, each of which contains 110 pounds of ammonium 
     nitrate. A caravan typically has at least 12 trucks, which 
     means a single night's shipment can move 85 tons of the 
     fertilizer.
       The caravans head out every third night.
       ``I know that it's used to kill American soldiers,'' said 
     the businessman, a lanky, thirty-something Pashtun from the 
     Khyber district in Pakistan's tribal areas, a haven for 
     Taliban militants. He agreed to discuss his company's 
     smuggling on condition of anonymity.
       ``But people in the tribal areas don't have any choice but 
     to do this,'' he said. ``If they would give us another way to 
     make money, we would take it.''
       Of all the threats U.S. troops face in Afghanistan, the 
     roadside bomb is the one they dread most. Western forces have 
     suffered 602 combat-related deaths since the beginning of 
     2009, and 361, or three out of five, have been caused by 
     roadside bombs, according to icasualties.org, a website that 
     keeps track of war-related deaths in Afghanistan and Iraq.
       Ammonium nitrate bombs, often crude wood-and-graphite 
     pressure-plate devices buried in dirt lanes or heaps of 
     trash, are difficult to detect and devastating when they 
     detonate. The fertilizer's might as an explosive agent was 
     witnessed in the United States in 1995, when Timothy 
     McVeigh's 4,800-pound ammonium nitrate bomb killed 168 people 
     at a government building in Oklahoma City.
       In Afghanistan, a typical homemade bomb weighs about 65 
     pounds, most of it ammonium nitrate. A shipment of 85 tons of 
     ammonium nitrate could yield more than 2,500 bombs.
       Made by combining ammonia gas and nitric acid, ammonium 
     nitrate is one of the world's most popular fertilizers. It 
     was used by Afghan farmers, but because of the roadside 
     bombs, the United States persuaded President Hamid Karzai's 
     government to ban the substance in January.
       But Pakistani smugglers continue to truck massive amounts 
     into Afghanistan. Several other countries in the region, 
     including Uzbekistan and Iran, also manufacture the 
     fertilizer, but almost all that gets into Afghanistan comes 
     from Pakistan, says Kenneth Corner, director of intelligence 
     at the Joint Improvised Explosive Device Defeat Organization, 
     a research arm of the U.S. military that develops ways to 
     detect and withstand roadside bombs.
       Pakistan makes 496,000 tons of ammonium nitrate fertilizer 
     each year. It also imports ammonium nitrate from several 
     countries, including China, Germany and Sweden, Comer said. 
     The U.S. has begun talks with Pakistani officials to persuade 
     them to ban the manufacture and use of ammonium nitrate and 
     switch to urea as the country's main fertilizer. Unlike 
     ammonium nitrate, urea cannot be readily used as an 
     explosive.
       ``I can't find anyone who thinks ammonium nitrate makes 
     sense as a fertilizer as opposed to what's more commonly used 
     in both (Pakistan and Afghanistan), which is urea,'' Comer 
     said.
       Officials in Islamabad, the Pakistani capital, say such a 
     ban would be a hard sell in Pakistan. ``It would cost 
     hundreds of thousands of dollars for the (sole) manufacturer 
     to switch to urea,'' said Qadir Bux Baloch, spokesman for the 
     Agriculture Ministry.
       As long as ammonium nitrate remains legal in Pakistan, the 
     U.S. will have to rely on Pakistani police and border 
     authorities to curb smuggling. For the time being, however, 
     rampant corruption within the ranks of law enforcement and 
     local government allows ammonium nitrate to be smuggled 
     freely into Afghanistan.
       The Khyber businessman said his company pays about $830 in 
     bribes for a single truckload of ammonium nitrate. About 40 
     percent of that goes to local police, he said, and the rest 
     gets paid out to local officials.
       Middlemen on the other side of the border bribe Afghan 
     authorities so they can transfer the shipments to their own 
     trucks and move the explosive agent through their country, 
     the Khyber businessman said.
       The businessman said he clears about $950 a month smuggling 
     ammonium nitrate. At least eight trucking firms on the 
     outskirts of Peshawar regularly smuggle the substance into 
     Afghanistan, he said.
       Peshawar authorities have never raided his warehouse, he 
     said. ``There are only a few police officials in Peshawar who 
     know what we do, and we bribe them.''
       Peshawar's top administrative official, Commissioner Azam 
     Khan, said no Pakistani court had ever convicted anyone of 
     smuggling ammonium nitrate into Afghanistan. He said he had 
     begun meeting with law enforcement and other officials to 
     find ways to tackle the smuggling of ammonium nitrate and 
     other commodities into Afghanistan.
       ``We're trying to think out of the box,'' Khan said. 
     ``We're looking at what laws we can use to get at the black 
     market storage of ammonium nitrate, to make it more difficult 
     to store it in bulk.''
       Some security officials say Pakistan should have ample 
     incentive to better scrutinize the movement of ammonium 
     nitrate, given its own struggle with Islamic militants.
       In March, police seized 6,600 pounds of ammonium nitrate 
     stashed in a fruit market in Lahore's Allama Iqbal 
     neighborhood. Investigators believe the three men arrested in 
     the seizure were connected to a series of suicide attacks 
     that killed more than 50 people in March.
       Zulfiqar Hameed, a senior Lahore police official in charge 
     of investigations, said his officers could have tracked down 
     the middlemen who supplied the ammonium nitrate to

[[Page 8271]]

     the militants if Pakistan required manufacturers to put 
     tracking numbers on each fertilizer bag.
       ``It's a totally undocumented market,'' Hameed said. 
     ``There's no reliable way of finding out who bought those 
     bags. That's a huge problem.''
       Even if Pakistani authorities took steps to clamp down on 
     ammonium nitrate smuggling, the Khyber businessman said he 
     doubted they would derail his operation. Along Pakistan's 
     tribal belt, where smuggling is a way of life, the policemen 
     and officials accustomed to a steady stream of payoffs aren't 
     likely to turn over a new leaf anytime soon.
       ``Never have these supplies been interfered with,'' the 
     businessman said, chuckling. ``These shipments always reach 
     their destination.''

  Mr. CASEY. Finally, let me also ask unanimous consent to have printed 
in the Record a summary of a ``Report on Progress Toward Security and 
Stability in Afghanistan'' issued by the Department of Defense dated 
April 2010.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    Report on Progress Toward Security and Stability in Afghanistan

                     (Issued by the DOD, Apr. 2010)

       The ANP consists of four major categories of police; the 
     Afghan Uniformed Police (AUP), the Afghan Border Police 
     (ABP), the Afghan National Civil Order Police (ANCOP) and 
     Specialized Police.
       In January 2010, the JCMB, the international community, and 
     the U.S. Government agreed to the Afghan proposal to grow the 
     ANP to 109,000 by October 2010 and 134,000 by October 2011. 
     March goal: 99261. Actual: 102,138.
       One of the major past weaknesses of the ANP program is the 
     lack of centralized command and control for recruiting and 
     training.
       A major concern of the international community is the lack 
     of personnel accountability in the ANP force. There have been 
     accounts of ``over-the-tashkil'' police in various districts 
     doing police work while not being paid through LOTF-A, as 
     well as accounts of ``ghost police'' who are on the payroll 
     but are not actually present for duty.
       Training is a key challenge to building the capacity of the 
     ANP. In recent years, because of the lack of program 
     resourcing, 60-70% of the force was hired and deployed with 
     no formal training (the ``recruit-assign'' model).
       High levels of corruption persist in the ANP and reports of 
     promotions being sold are common.
       As with the ANA, the logistics systems in the ANP have been 
     weak. Over the past year, the NTM-A has assisted the 
     Logistics Training and Advisory Group in improving its 
     logistics system to better meet the needs of the ANP. Despite 
     progress, the MoI logistics system is in its early stages of 
     development and lacks automation, infrastructure, and 
     expertise.
       Establishment of effective rule of law institutions is 
     critical to the sustainment of an effective police force. To 
     date, in the justice sector, there has been little enduring 
     progress despite investment toward reform, infrastructure, 
     and training. Courts are understaffed and chronically 
     corrupt. Corruption can be stemmed by ensuring there are 
     adequate salaries and an adequate number of defense 
     attorneys, and by implementation of a case management system 
     and court watch or court monitoring program. Security for 
     judges and prosecutors continued to be a significant problem, 
     especially in RC-South.

  Mr. CASEY. Thank you, Mr. President.
  With that, I yield the floor and note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. UDALL of Colorado. Mr. President, before I ask a unanimous 
consent on an amendment, I will comment on Senator Casey's remarks that 
were just delivered so powerfully and eloquently. He is right on point 
that the efforts underway in Afghanistan are crucial to our country's 
national security.
  It was important, as well, that he talked about the three main 
factors that are in play there in our ultimate success. This week, we 
had President Karzai and much of his Cabinet in Washington. I certainly 
appreciate the effort President Karzai made to show his respect for 
those who have fallen in Afghanistan in the war there. I also note 
General McChrystal was here briefing many of us. I think the Presiding 
Officer, as well, heard from him on the state of the situation in 
Afghanistan.
  This isn't going to be easy. I am heartened by what I heard. I 
express my appreciation for the valor, commitment, and honor that our 
forces in Afghanistan have displayed.


                Amendment No. 4016 to Amendment No. 3739

  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that 
the pending amendment be set aside, and I call up my amendment No. 
4016.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Colorado [Mr. Udall], for himself, Mr. 
     Lugar, Mr. Lautenberg, Mr. Bond, and Mr. Begich, proposes an 
     amendment numbered 4016 to amendment No. 3739.

  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that 
reading of the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

 (Purpose: To improve consumer notification of numerical credit scores 
                 used in certain lending transactions)

       On page 1455, after line 25, insert the following:

     SEC. 1077. USE OF CONSUMER REPORTS.

       Section 615 of the Fair Credit Reporting Act (15 U.S.C. 
     1681m) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) provide to the consumer written or electronic 
     disclosure--
       ``(A) of a numerical credit score as defined in section 
     609(f)(2)(A) used by such person in taking any adverse action 
     based in whole or in part on any information in a consumer 
     report; and
       ``(B) of the information set forth in subparagraphs (B) 
     through (E) of section 609(f)(1);''; and
       (C) in paragraph (4) (as so redesignated), by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)''; and
       (2) in subsection (h)(5)--
       (A) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (C) by inserting at the end the following:
       ``(E) include a statement informing the consumer of--
       ``(i) a numerical credit score as defined in section 
     609(f)(2)(A), used by such person in connection with the 
     credit decision described in paragraph (1) based in whole or 
     in part on any information in a consumer report; and
       ``(ii) the information set forth in subparagraphs (B) 
     through (E) of section 609(f)(1).''.

  Mr. UDALL of Colorado. Mr. President, Senator Lugar and I introduced 
this modified amendment in working with Senator Dodd, the Treasury 
Department, and the Federal Reserve to find a way to increase 
Americans' access to their credit scores.
  Before I talk about the amendment, the chairman of the committee, my 
friend and colleague from Connecticut, is on the floor. I thank him for 
working with me and a group of about 20 bipartisan Senators to provide 
greater access to consumer credit scores. Senator Dodd had a 
thoughtful, incisive idea about how we might be able to move this 
amendment to the floor, and that was to provide a credit score on a 
transactional basis.
  That is exactly what this amendment does. A credit score affects 
consumers' interest rates and monthly payments on home loans and can 
even influence a consumer's capacity to buy a car or rent an apartment, 
even get phone or Internet service.
  Our amendment would take the two consumer notices that the Federal 
law requires lenders to give consumers and makes sure the credit score 
used to evaluate the consumer is disclosed to that individual.
  Right now--and I found this out in the process of researching what we 
are trying to do--if you receive a general notice of your credit 
application being turned down or if you are offered credit at less 
favorable terms, you don't receive a disclosure of the credit score 
used to determine that outcome.
  Under our amendment, if you are turned down for a loan or you are 
given a higher interest rate because of a low

[[Page 8272]]

credit score, you now have the right to see the credit score that was 
used. I know of the Presiding Officer's interest and long experience in 
the world of housing and providing access to people in that way. I know 
this is something he has followed with great interest.
  There is a fundamental principle at stake. If your credit score is 
being used against you, you ought to have the right to at least see it.
  I know every single American would want to improve that credit score 
and understand how they could have a greater financial opportunity, 
greater financial standing.
  I thank Chairman Dodd and Senators Lugar, Levin, Bond, Scott Brown, 
Schumer, Begich, Lautenberg, and all the 20-plus Senators who helped 
push for this important issue.
  I especially thank Senator Pryor for working with us to find 
something everyone could agree to in this modified version. I am 
appreciative that we were able to work it out.
  I understand that the amendment is scheduled to be addressed Monday 
night. I hope we can perhaps accept it on a voice vote at the proper 
time as well.
  With that, I yield the floor.
  Mr. DODD. Mr. President, again, I cannot thank our friend and 
colleague from Colorado enough. He has done a great job. This is a 
terrific idea--one that is long overdue. The Presiding Officer is a 
member of our Banking Committee. We have talked a lot about these 
issues over the last couple years. We have had hearings and, in fact, 
legislation dealing with credit scores. A lot of people have had their 
good names stolen from them, in a sense, as a result of the thievery 
that goes on with credit cards and the like, and people's credit scores 
have been manipulated.
  It is difficult to find out where you are in all this. It is ironic 
that we are citizens in our country, and other people are determining 
whether we are creditworthy when we are buying an automobile, 
purchasing a home or getting a student loan. The idea that we as 
consumers cannot have access to these scores that people are writing 
about us--it is kind of offensive that we even have to go through this. 
It is degrading, to put it mildly. I am grateful to the Senator from 
Colorado for pursuing this. He would have gone a bit further. I would 
have, too, but I sense we are going to have a problem here to get 
anything done at all. The fact that are going to have this on a 
transactional basis is a major step forward and may alleviate 80 to 90 
percent of the difficulties. That is not to say there isn't room for 
further improvement down the road. There will be other steps we can 
take in the future to make sure people have access to their scores and 
where they stand on their ability to afford the things they need as a 
family.
  The Senator from Colorado has made a significant contribution. We are 
going to have to vote on it. I am confident we can prevail. I believe 
both Democrats and Republicans share the concerns the Senator has 
raised. He has made a valuable contribution to this effort. I thank the 
Senator personally for that.
  I look forward to being supportive of this amendment early next week. 
I thank the Senator.
  Mr. UDALL of Colorado. Let me again thank the chairman of the Banking 
Committee for his willingness to work with those of us in a bipartisan 
coalition. His comments are right on point, as always.
  I think the Senator from Connecticut is right when he suggests that, 
as Americans have access to credit scores, they are going to be more 
interested, as time goes on, in understanding how to build and 
strengthen that score and be more financially literate, if you will.
  The chairman has been remarkable in the time he has spent on the 
floor and the strength he has shown, with the lack of sleep he has 
endured. His product, which many of us have contributed to, will be 
seen by historians as a seminal moment, when we put Wall Street on a 
more accountable basis.
  Under the chairman's leadership, we have also given consumers more 
recourse and access. In the end, I think that is what the chairman 
wanted to do, and will do, to protect consumers all over our great 
Nation. This is one small but important way to do that.
  Again, I thank the chairman and look forward to the vote on Monday 
night. I agree this will have widespread support. I will continue to 
ask for those votes, and I know we will work to have a successful 
outcome Monday.
  Mr. LEVIN. Mr. President, I am pleased to cosponsor amendment No. 
4016, introduced by Senator Mark Udall and Senator Lugar, to help 
provide Americans access to their credit score, an essential piece of 
personal financial information.
  The way things stand now, the three primary credit bureaus charge 
people to gain access to their credit scores. Seven years ago, the 2003 
Fair and Accurate Credit Transactions Act took a big step in the right 
direction by giving Americans access to their credit report once a 
year, on a no-cost, no-strings-attached basis, at each of the big three 
credit bureaus. But a credit report only goes so far. It is the credit 
score itself, not the report, that is so critical to the consumer when 
navigating our financial system, and free access to credit scores was 
not included in the 2003 act.
  Credit score is often the single most important factor in obtaining a 
loan to buy a car or a house or in securing a credit card with a 
reasonable rate of interest. Credit scores can also play a key role in 
finding an apartment or purchasing a major household appliance. More 
and more, credit scores are also used by employers in the hiring 
process.
  With so much riding on this number, it is essential that Americans be 
able to readily obtain their credit score, so they can evaluate whether 
it accurately reflects their credit risk. If the score is low, a 
consumer can evaluate the underlying credit information to see if there 
is an error in the data and what, if anything, they should do to 
correct an error. Consumers can also evaluate what steps they can take 
to improve their credit score by, for example, paying off debt or 
tearing up a credit card. To make those types of informed decisions, 
however, it is only fair for the consumer to know what all their 
creditors know--the credit score that has been electronically assigned 
to them by an impersonal, computer-driven credit bureau.
  A credit score is calculated from a person's personal financial 
history as that history is captured in specific data points included in 
a credit report. We already know that the data in a credit report is 
often incomplete, out of date, or incorrect. We also know that the 
formulas used to produce credit scores from that data are complex, 
unpublished, and of uncertain predictive value.
  The credit bureaus chum out profits by running people's personal 
financial information through their formulas. Then they sell the 
information to financial institutions, marketing companies, landlords, 
and others. The companies then turn around and sell the credit scores 
back to the consumers who otherwise can't find out what is being sent 
to multiple third parties about their credit status, without their ever 
having been informed about the score.
  This whole setup is unfair. While credit scores serve a useful 
function in our financial system, fundamental fairness requires that 
people have ready access to this basic information about themselves--
information that is already being sold to their bank, their landlord, 
their employer, their government, and any other creditor willing to pay 
for it.
  One more point. Right now, despite the efforts of Congress and the 
Federal Trade Commission, some credit bureaus continue to engage in 
deceptive advertising of ostensibly ``free'' credit reports and scores 
that, in fact, require enrollment in a subscription credit monitoring 
service that charges a monthly fee, often $15. It is astonishing to me 
that some bureaus fight tooth and nail to avoid straightforward 
disclosures about the cost of their products and instead try to slip 
them in with deceptive offers of ``free'' credit scores or reports that 
are anything but. This is an issue we addressed in the credit card 
reform bill with new provisions to stop the deceptive advertising,

[[Page 8273]]

and which the FTC is now working to implement. The credit bureaus have 
got to clean up their act.
  What we can do today is pass the Udall-Lugar amendment, which would 
require that every time a consumer suffers an adverse event--such as a 
rejected loan--or receives materially less favorable terms--such as a 
high interest rate on a credit card--due to the consumer's credit 
score, the lender or potential lender would have to provide that credit 
score to the consumer. This requirement would enable people to find out 
what the credit bureaus are telling their creditors about their credit 
risk, whenever that information is used against them.
  This amendment would help Americans take control of their credit 
histories, help restore fairness in the credit industry, and begin to 
close a gaping loophole that the credit bureaus have been exploiting 
for years. I commend Senator Udall for his leadership on this issue and 
encourage my colleagues to vote for it.
  Mr. DODD. Mr. President, I support the amendment offered by Senator 
Collins, amendment No. 3879, and thank the Senator from Maine for her 
efforts to protect the financial stability of the United States and 
safeguard the financial security of families in her State of Maine, my 
State of Connecticut, and all across America. Her amendment complements 
the provisions in my bill, S. 3217, that strengthen capital standards 
for large, interconnected financial companies. Under S. 3217, the 
Federal Reserve must impose heightened standards for leverage and risk-
based capital on large bank holding companies and on nonbank financial 
companies supervised by the Federal Reserve. These tougher standards 
will serve as speed bumps to keep financial companies from growing too 
large and risky and threatening the nation's financial stability.
  The Collins amendment, endorsed by FDIC Chairman Sheila Bair, would 
prevent regulators from weakening risk-based capital and leverage 
standards now in effect. It effectively sets a floor for such standards 
going forward that would apply to all banks, bank holding companies, 
and nonbank financial companies supervised by the Federal Reserve. The 
Collins amendment also reinforces the bill's requirement that capital 
for large, interconnected financial companies should reflect the risks 
that their failure may pose to financial stability.
  As Chairman Bair noted, bank holding companies are supposed to serve 
as a source of strength for the banks they own. But during the 
financial crisis, many large bank holding companies became a source of 
weakness and ultimately required Federal support. The crisis also 
revealed how dangerously overleveraged many large investment banks and 
other nonbank financial companies were. The Collins amendment and 
provisions of S. 3217 will help to ensure that the largest, most 
interconnected financial companies maintain a robust level of capital 
and to eliminate gaps in capital standards between banks and other 
financial companies that could undermine the financial stability of the 
United States.
  Again, I thank my colleague from Maine, Senator Collins, for her 
valuable contribution to the collective, bipartisan effort here in the 
United States Senate to reform Wall Street and protect American 
families.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DODD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DODD. Mr. President, I want to share some thoughts, if I can for 
a couple of minutes, on one of the proposals that will be coming up, I 
think, next week on the bill.
  Again, I want to express my gratitude to all of our colleagues for 
the way in which this debate has been conducted. Contrary to what many 
people may think about the Senate, we are capable of having a full-
throated debate, one filled with emotion and passion about strongly 
held views, and yet also respect each other to allow for the debate to 
go forward and amendments to be considered and voted up and down.
  I think we have done that now some 33 or 34 times over the last 6 or 
7 legislative days. I know there is much more to be done in the coming 
days before we conclude our consideration of the Wall Street reform 
bill. But it is a reflection of how this institution can operate and 
how we should operate, in my view, on a matter of this import.
  So it is not only important about what we are doing in terms of 
reforming the financial system of our Nation, but I would argue in a 
way history may never record it as such, but also how we conducted this 
debate on an important issue. It may not make the headlines, but it is 
very important for the integrity of this institution and as a model for 
how important comprehensive legislation can be handled.
  I know it is cumbersome. I know it can take a long time. There are 
delays that occur during consideration of matters in the Senate. But 
that is as it was intended by our forefathers, in a sense, to have an 
institution where there would be the ample opportunity for debate, 
including unlimited debate by any one single Member, contrary to the 
other Chamber that comprises the Congress where they are limited to 5 
minutes, and the majority rules allow for matters and insists upon the 
majority prevailing.
  In this institution the rules favor the minority, including a 
minority of one that can engage in extended debate. So we are different 
in this institution and with good reason. If they had wanted a 
unicameral system of one body, where just majority rules would prevail 
every time, they would have created it. In fact, they tried to.
  But I take some pride in the fact that it was two Senators from 
Connecticut, Oliver Ellsworth and Roger Sherman, who in the 
consideration of the Constitutional Convention--when all was about to 
fail over a contest between large States and small States; they were 
fearful that large States, having the dominant number of members in the 
Halls of Congress, would be overwhelmed and their interests be 
disregarded because they did not have the votes to counter it--so 
Oliver Ellsworth and Roger Sherman came up with the idea of creating a 
bicameral system, one wherein one body's membership would be made up 
based on population, the size of the State, the number of seats it 
would hold, and this body, regardless of our size, would have equal 
representation.
  So the smallest of our States, States such as Wyoming with a few 
hundred thousand people, has two Senators. The State of California, 
with millions of people, has two Senators. So regardless of size, 
regardless of economic influence or other matters, we are all coequals, 
at least as far as our States are represented and the opportunity as 
well for minority voices to be heard, not overwhelmed with the tyranny 
of the majority which can happen.
  So there is a value to the existence of the Senate, and we are slower 
to act. It can be frustrating, as my colleague and Presiding Officer 
has come to appreciate, and as a former Speaker of his own State 
legislative body, I know he appreciates how difficult that can be as a 
leader in trying to move business and product along so that matters can 
be considered.
  So I say all of that as a backdrop because in recent years, recent 
months, in fact, we have been bogged down, frustrated. There has been a 
lot of obstructionism that has gone on to prohibit us to move forward 
on important matters. But at least in this case, up to now at this 
point anyway, we have conducted this debate on financial reform in a 
way that I think our forbearers would have appreciated.
  Members have had ample opportunity. The rules are still there for 
them to use to make sure they can be heard in these matters. But, 
again, I emphasis that while the subject matter of our consideration 
certainly is tremendously important, the means and the manner by which 
we have conducted debate also has value.

[[Page 8274]]

  It is with that backdrop that I want to again thank my colleagues, 
Democrats and Republicans. I thank majority leader Harry Reid because 
without his insistence as the leader, this could not happen. I think 
the fact that he has demonstrated as a leader the ability to move this 
institution in a way that allows for equal participation and debate is 
a great tribute to the leadership he has demonstrated as majority 
leader of the Senate over many years now.
  This morning I would like to concentrate, if I could, on one subject 
matter, as I mentioned, that will probably come up in the next few days 
when we reconvene at the first part of next week. That has to do with a 
very important part of this bill, one in which the Presiding Officer 
has demonstrated great interest, and I have a tremendous amount of 
interest in as well.
  It deals with the issue of establishing, for the first time in our 
Nation's history, an actual bureau, a division, that is designed 
specifically to protect individual consumers from what can happen to 
them when financial matters put them in a desperate condition, whether 
it be on credit cards, home sales, all sorts of other financial 
activities. There has been no place that actually consumers' interests 
are paramount.
  There are seven agencies in the Federal Government that have 
divisions that deal with consumer protection. But the history has been 
one of either malfeasance, inaction, uninterest or lack of interest. 
What we are creating is a place where the dominant principal, sole 
interest will be to watch for consumer interests.
  One of the debates we are going to have is whether a major area of 
financial interest will be exempted from the consideration of the 
Consumer Financial Protection Bureau, and that is in the area of 
financing an automobile.
  I know this has been one of the most heavily lobbied parts of the 
whole Wall Street reform bill. I certainly understand that many of us 
know our auto dealers back home make important contributions to our 
communities. I said in my remarks the other day, I have worked very 
closely with the car dealers of my State over recent past years and 
months.
  We have had major debates about the automobile industry and the 
rights of auto dealers, the cash for clunkers bill, to try to increase 
sales, which is something I was deeply involved in to try to make it 
possible for our automobile dealers and manufacturers to get back on 
their feet.
  So I take a back seat to no one in my concern and care about the work 
they do, the economic vitality they provide for our community, the jobs 
that get created as a result of their efforts. My debate and argument 
is not with the auto dealers; it is over the financing of automobiles 
and how that occurs, and whether consumers are going to be protected in 
what for most Americans is the second largest purchase any of us ever 
make.
  Our home, if we have one, is the most important. Then, secondly, is 
the purchase of an automobile. Most Americans, other than having a 
401(k) for retirement, do not deal with the stockbrokers every day, are 
not buying or trading or engaging in sophisticated financial 
instruments. That is limited to a few of the 300 million in our 
population.
  But you only need to get up in the morning and head off to work, and 
you know that everybody needs an automobile--one might argue maybe too 
many. But, nonetheless, that is a separate debate. So that purchase of 
an automobile is critically important to people. It is a critical part 
of our economy.
  But it is over the financing of automobiles, in certain areas, that I 
have great concern and do not want to see consumers disadvantaged. So 
it is in that spirit that my support and admiration for people who work 
in that sector of our economy, to say to you today that those 
responsible corporate citizens, small businesses, have nothing to fear 
from this legislation whatsoever.
  They conduct their business admirably, ethically, morally. They treat 
their customers as if they were members of their family. That is the 
overwhelming majority of people who engage in the sale of automobiles. 
But like all statutes and laws, they are not designed necessarily for 
the majority of people who operate within the law and act and operate 
ethically and morally.
  We also understand there are those who take advantage of people, and 
so we craft legislation to protect all of us against those abuses that 
can occur. As President Obama said on April 22:

       Unless your business model depends on bilking people, there 
     is little to fear with this legislation at all.

  In fact, there is nothing to fear. In a challenge to this Congress, 
Michael Hayden, from the Military Officers Association of America, said 
to us the following:

       You have an opportunity to do something about unscrupulous 
     auto dealers. The above-board firms should not have a problem 
     with the Consumer Financial Product Protection Bureau.

  They should not, and let me explain why briefly this morning. First, 
the Wall Street reform legislation as being considered by the Senate 
has gone more than halfway to meet the concerns originally raised by 
financing of automobiles. The bill, and let me enumerate, eliminates 
assessments on the auto dealers. Unlike other financial institutions, 
there are no assessments on auto dealers.
  The Brownback amendment would prohibit assessments. The underlying 
bill already does that. There is no reason for that provision in the 
amendment of my colleague from Kansas. The bill further eliminates the 
authority of the bureau of financial protection to examine and enforce 
new rules on auto dealers.
  State authorities and the Federal Trade Commission will continue as 
they have to perform this role. Thirdly, as a result of our bill, the 
only impact the consumer bureau will have on auto dealers is through 
rule writing. It is crucial that auto dealers, in the financing of 
autos, play by the same rules as their competitors do in communities 
all across our country.
  One has to ask: What could be more reasonable than that? There are a 
variety of places people can go to finance an automobile. You can go to 
a credit union; you can go to your community bank. There may be other 
means by which you can finance. Why should we disadvantage those 
institutions in a community at the expense of one other who is seeking 
exemption from these rules?
  That brings me to the second point. The legislation we have written 
creates a level playing field among auto dealers, community banks, 
credit unions, and others. This will empower consumers to shop 
effectively for the best financing available as they see it. They ought 
to have that opportunity, not fearing that if they go to one financial 
service provider or another, the rules apply in one case and do not in 
another. That disadvantages all consumers in this country who want to 
be able to shop effectively.
  How many times have we seen that ad: When providers of financial 
services have to compete, consumers win? If they have to compete on a 
level playing field, then we are going to make it possible for people 
to get the best value that is available to them.
  Consumers should be treated the same regardless of whether they get a 
loan from an auto dealer, a credit union, a community bank, or anyone 
else for that matter who is engaged in the financial products and 
service industry.
  Community banks and credit unions should not be forced to live under 
more stringent rules for making auto loans than do auto dealers. Just 
imagine, in small communities, where on the same street you might have 
a community bank, a credit union, and an automobile dealer that is 
financing automobiles.
  Why should there be a disparity in terms of the protections consumers 
get depending upon which door they walk through on that Main Street: 
walk into the credit union, walk into the community bank, or walk into 
the auto dealer who is financing. Why should that last place be treated 
differently than the other two when it comes to financing?
  That is at the heart of what our bill is trying to do. That is what 
makes it

[[Page 8275]]

especially important that car salesmen follow the same rules and 
provide customers with clear, transparent, easy- to-understand 
information, so those consumers, those who are also our neighbors, are 
empowered to make smart financial choices for themselves and their 
families without having to worry about hidden markups that can cost 
them hundreds of dollars over the course of paying off a loan.
  Let me emphasize again what I said at the outset. The overwhelming 
majority of auto dealers play by the rules. Again, I am not talking 
about the vast majority that do this but the unscrupulous ones, those 
who engage in ripping off people and are doing everything they can to 
get away with it.
  That is what the legislation is designed to deal with. This is the 
way the marketplace is supposed to work, where people can shop fairly, 
knowing the rules apply to everyone equally, and there is competition 
to provide higher quality products and services and better prices.
  A strong consumer bureau will be good for responsible auto dealers as 
well. If the Brownback amendment wins, Wall Street wins, and those 
responsible dealers will lose. Let me explain why this is true.
  If auto dealers are carved out of this bill, as the Brownback 
amendment would do, it means we are essentially exempting Wall Street-
funded auto dealers and putting credit unions and community banks at a 
disadvantage. It means Wall Street will continue to incentivize auto 
dealers to offer bad, overpriced loans that make it impossible for 
responsible dealers to compete. We have seen this time and time again 
in every market. The bad money pushes out the good money. The 
responsible players who play by the rules are undercut by the sharp 
dealers who cut corners.
  Furthermore, a strong consumer bureau will restore America's faith in 
auto dealers and the loans they make. Responsible auto dealers ought to 
welcome this. What happens when we have this kind of uneven playing 
field? Unfortunately, we have seen many cases where people, 
particularly those serving in the military, have been the victims of 
shady auto dealers' financing practices. Let me share some of the many 
stories I have heard, and I know my colleagues have as well.
  A recent news story describes five young men and women in uniform at 
Fort Riley, KS who were conned into paying for phantom options on 
vehicles they bought from a local auto dealer. In other words, they 
were charged for options on their cars they never received. According 
to their lawyer, despite having decent credit scores, these young men 
and women in uniform were ending up paying interest on their car loans 
averaging almost 18 percent.
  Yesterday I told a story that appeared in the New York Times of 
Matthew Garcia, a 25-year-old Army specialist who was recently 
subjected to a trick called ``yo-yo financing'' by an unscrupulous car 
dealer, just as he was preparing to deploy to Afghanistan. Specialist 
Garcia, stationed at Fort Hood, TX, bought an automobile at a used car 
lot and signed up for a loan at 19.9 percent interest rate. That is not 
even the biggest abuse, however, believe it or not. The problem came 
when he drove the car home. The auto dealer called him up several days 
later to say the financing contract had actually fallen through and 
demanded an additional $2,500 in cash. To make sure he paid up, the 
dealer blocked the soldier's car so he could not leave.
  In North Carolina, SGT Diann Traina, who works in military 
intelligence/psychology, purchased a used BMW from a dealership near 
Fort Bragg. The dealer who sold Sergeant Traina the car never provided 
her with the registration and, in fact, did not have title to the car. 
Sergeant Traina got to drive the BMW for 1 week before she was deployed 
to Iraq. Then it was repossessed. Through no fault of her own, she now 
has a repossession on her credit rating, her credit. In addition, the 
lender insists she has to pay $10,800 that is still owed on the car. 
She is married. She and her spouse have been without the use of a 
vehicle for a long time but are still being pressured to pay for it. 
Sergeant Traina later learned that the dealer where she brought her 
automobile had sold numerous cars to military personnel, even though it 
didn't own them. The North Carolina Attorney General eventually sued 
the dealership, and it has subsequently gone out of business.
  This story is a classic example of predatory auto lending, where the 
dealer is clearly culpable and the military member had no way of 
knowing in advance that the dealer was selling automobiles and 
originating loans for vehicles it did not own. This type of practice is 
actually fairly common among unscrupulous auto dealers who finance, 
particularly, around military bases. Some go in and out of business 
repeatedly, reopening under different names each time, leaving many 
customers in the lurch. Regrettably, this kind of abuse of lending to 
members of the military and their families is far too common.
  Holly Petraeus, who directs a better business program for military 
families, noted at a press conference yesterday that auto lending to 
the military needs oversight, because:

       Sadly, many of [those in the military] end up paying far 
     more for those cars than they should.

  That is why The Military Coalition, a consortium of over 30 
nationally prominent military and veterans organizations representing 
more than 5.5 million current and former servicemembers and their 
families, opposes the Brownback amendment. We talk all the time about 
protecting and defending and standing up for our men and women in 
uniform, many of whom are in Iraq and Afghanistan in harm's way. Yet we 
are about to pass legislation that would exempt automobile financing 
dealers from the very people we try to protect. I am not making up 
these quotes and these numbers. When we have that many organizations 
expressing their opposition to this amendment, Members ought to take 
note. Again, I emphasize--I know my language here is talking about auto 
dealers in a generic way. I emphasize over and over, the overwhelming 
majority do a good job, a fair job, an ethical and moral job, but they 
would tell us themselves how they can be disadvantaged by those 
unscrupulous dealers who take advantage, particularly of the young men 
and women in the military.
  The coalition includes such groups as the Veterans of Foreign Wars, 
the National Guard Association, Military Officers Association, the 
Military Order of the Purple Heart, and many others which oppose the 
Brownback amendment. I am taking advantage of this time today to tell 
my colleagues, please pay attention to this. I know we care about our 
auto dealers. I know they have been lobbying heavily. But they should 
not receive an exemption in the financing area that can put so many 
people at a disadvantage.
  The coalition, in fact, sent me a letter. I wish to read a little 
from the letter. I quote:

       The most significant financial obligation for the majority 
     of servicemembers is auto financing. Including the auto 
     dealer financing . . . in the financial reform bill will 
     provide greater protections for our servicemembers and their 
     families.

  The letter goes on:

       Providing a carve-out for auto dealers does just the 
     opposite--it will allow unscrupulous dealers to continue to 
     take advantage of servicemembers and their families.

  Clifford Stanley, Under Secretary of Defense, said in a letter to the 
assistant Secretary of the Treasury Michael Barr that the Department of 
Defense ``would welcome and encourage the [Consumer Financial 
Protection Bureau] protections provided to Servicemembers and their 
families with regard to unscrupulous automobile . . . financing 
practice.''
  Secretary Stanley cites the ``bait and switch'' financing, 
falsification of loan applications, failure to pay off liens on trade-
in vehicles, ``packing'' loans with items whose price bears little if 
any relationship to the real cost, and discriminatory lending as the 
kinds of problems members of our Armed Forces and their families face 
when dealing with financing their automobiles with car dealers. In 
fact, Secretary Stanley reports that 72 percent of counselors and 
attorneys surveyed

[[Page 8276]]

have cited problems with auto dealer abuses in the past 6 months alone.
  This is not my list of abuses. This is the Under Secretary of Defense 
in a letter.
  Two days ago Senator Jack Reed and Senator Scott Brown of 
Massachusetts offered an amendment to create an office of military 
liaison within the consumer protection bureau. That amendment carried 
98 to 1. Only one colleague voted against providing an office within 
the Consumer Financial Protection Bureau with the kind of protections 
the Secretary of Defense is talking about in his letter.
  The amendment carried by a vote of 98 to 1 because Members recognize 
that our service men and women deserve protection from these shady 
financial service providers, including, of course, the major abuser, 
the very group that our colleague from Kansas wants to exempt from this 
legislation.
  A crucial part of providing this protection is coverage of auto 
dealers. Yesterday I received a letter from the Secretary of the Army 
John McHugh. Secretary McHugh makes the point that auto dealers are 
often ``the most significant financial obligations of our soldiers--
particularly within the junior enlisted grades . . . ''
  If we carve out auto dealers--the businesses that make the loans that 
are ``the most significant financial obligations of our soldiers,'' in 
the words of the Secretary of the Army--why did we vote to create the 
military liaison office in the first place?
  If we pass the Brownback amendment and carve it out of our 
legislation, we will have gutted the very office of military liaison 
before it even gets off the ground.
  Yesterday the Senator from Kansas made the point that we ought to 
regulate the people who are making the loans, not simply the people who 
are processing the paperwork. I agree. By that standard, we should 
defeat the Brownback amendment because, in fact, the auto dealers are 
the legal lenders. It isn't the financing company. The legal lender is 
the automobile dealer who engages in financing of automobiles. Auto 
dealers finance cars in much the same way mortgage brokers and bankers 
finance mortgages. They shop among a number of wholesale lenders, often 
on Wall Street, and they steer buyers into higher interest rates than 
those borrowers would otherwise qualify for. In exchange, the auto 
dealers who get this kind of financing get the equivalent of a yield 
spread premium or a backend payment. The higher the interest rate they 
can get the borrower to agree to, particularly service men and women, 
the higher the payment the auto dealer receives from the Wall Street 
financing firm.
  The incentive is to get the customer to pay as much as possible. That 
is the way they get rewarded financially. This is not the way the 
market should work, whether it is for a young soldier, a first 
responder, or a single mother working hard to raise her family.
  Let me read the court testimony of a former auto dealer finance and 
insurance manager from Tennessee about how the process works. Again, 
this is a former auto dealer finance and insurance manager in court 
testimony. I am quoting:

       The standard industry practice is to prepare financing 
     documents so that the customer is not alerted in any manner 
     that the person with whom he is dealing has the ability to 
     control the customer's price of credit.

  Let me explain that. The dealer ``has the ability to control the 
customer's price of credit.''
  He continues:

       This allows the finance arranger to present himself as the 
     ally of the customer, which further relaxes and disarms the 
     customer. . . . The nature of the transaction creates the 
     perfect opportunity for a dealer to obtain a large kickback 
     from an unsuspecting customer by subjectively inflating the 
     interest rates.

  What better evidence could we have than someone in court testimony 
engaged in the very business telling us exactly how it operates? Again, 
the Brownback amendment would basically exempt that person from the 
rules of consumer financial bureau. What does this remind us of? It 
reminds me exactly of the mortgage broker I described a few days ago, 
who is taught and encouraged in training sessions to convince the 
borrower that he is their financial adviser while profiting from 
steering the customer into the more expensive loans.
  Let me go back and read the quote from the witness, the former auto 
dealer finance manager:

       This allows the finance arranger to present himself as the 
     ally of the customer. . . .

  Tell me what difference there is between that and the unscrupulous 
broker who tries to convince a borrower that ``I am your financial 
adviser''? It is exactly the same kind of abuse. So the mortgage 
broker, without any regulations, gets away with it. If we adopt this 
amendment, it will allow the automobile finance dealer to get away with 
it as well. We ought not to allow that to happen in this legislation.
  Moreover, there is a history of discrimination in auto dealer 
financing. For example, African-American borrowers were charged more 
than 2.5 times the amount in subjective rate markups compared to 
majority White populations, after controlling for creditworthiness. And 
similar disparities were found for Hispanics. These abuses have been 
curbed temporarily as a result of a series of court orders and consent 
decrees. However, these consent decrees expire, and they will shortly.
  Finally, the Brownback amendment is simply unworkable and would 
create a duplicative bureaucracy. The amendment leaves rule writing 
under the Truth in Lending Act with the Federal Reserve for auto 
dealers loans only. All other Truth in Lending Act rules will be 
written by the consumer bureau. That means the Fed will have to 
maintain a separate bureaucracy to write rules for this one sector of 
the lending industry--not the legal, responsible entity, the auto 
dealer--while the consumer bureau writes the Truth in Lending Act rules 
for everyone else.
  Frankly, that makes no sense whatsoever. One of the things we are 
trying to do is to get rid of unnecessary burdensome paperwork and 
duplication.
  Several weeks ago, when the debate on this Wall Street reform bill 
first started, I told my colleagues about the Luntz memo, which lays 
out a strategy for attacking real Wall Street reform. Well, let me read 
to my colleagues one thing from the Luntz memo I happen to agree with, 
and it is the following--I quote from the memo:

       The public is angriest about lobbyist loopholes. Part of 
     the perception that Washington cannot do anything right is 
     the belief that lobbyists write most of the bills. The 
     American people are tired of add-ons, earmarks, and backroom 
     deals--but they are mad as hell at ``lobbyist loopholes.''

  What is one of the loopholes that Mr. Luntz's memo refers to 
specifically? Car dealers--the very lobbyist loophole the Brownback 
amendment would create. The memo, in fact, warns specifically about 
this amendment we may be asked to vote on because it has been so 
heavily lobbied by those who would take advantage, unfortunately, of 
people.
  Finally, I would like to read to my colleagues a statement on this 
amendment that the White House released yesterday from the President of 
the United States. The President says:

       Throughout the debate on Wall Street reform, I have urged 
     members of the Senate to fight the efforts of special 
     interests and their lobbyists to weaken consumer protections. 
     An amendment that the Senate will soon consider would do 
     exactly that, undermining strong consumer protections with a 
     special loophole for auto dealer-lenders. This amendment 
     would carve out a special exemption for these lenders that 
     would allow them to inflate rates, insert hidden fees into 
     the fine print of paperwork, and include expensive add-ons 
     that catch purchasers by surprise. This amendment guts 
     provisions that empower consumers with clear information that 
     allows them to make the financial decisions that work best 
     for them and simply encourages misleading sales tactics that 
     hurt American consumers. Unfortunately, countless families--
     particularly military families--have been the target of these 
     deceptive practices.
       Claims by opponents of reform that this legislation 
     unfairly targets auto dealers are simply mistaken. The fact 
     is, auto dealer-lenders make nearly 80 percent of the 
     automobile loans in our country, and these lenders should be 
     subject to the same standards as any local or community bank 
     that provides loans. Auto dealer-lenders offering transparent 
     and fair financing products to

[[Page 8277]]

     their customers should welcome these reforms, which will make 
     their competitors who don't play by the rules compete on a 
     level playing field.

  The President concludes by saying:

       We simply cannot let lobbyist-inspired loopholes and 
     special carve-outs weaken real reform that will empower 
     American families. I urge the Senate to continue to defeat 
     the efforts of special interests to weaken protections for 
     all American consumers.

  I further note that while I have emphasized what happens among the 
5.5 million of our service men and women and how they are treated in 
overwhelming cases and that I do not recall another time the Department 
of Defense and military organizations have gotten involved in a debate 
such as this--normally, they get involved in debates involving the 
armed services of our Nation, national security issues, but the fact 
that they have gone out of their way to communicate to me and every 
other Member of this body about their concerns over the Brownback 
amendment ought to set off alarm bells to each and every one of us. 
Rare is it, indeed, when the Secretary of the Army or the Secretary of 
Defense or military associations, such as the Veterans of Foreign Wars 
and others, write to Members of Congress about something such as this. 
Yet they feel so strongly about it that they are urging us not to 
succumb to the temptations of carving out this second most important 
financial arrangement that most Americans ever engage in: the purchase 
of the automobiles they need.
  I would also point out that among the Better Business Bureau 
statistics, the single largest number of complaints--and the number 
hovers around 70 percent nationwide--aside from the military side, come 
in the area of automobile dealer financing arrangements; that is, 
almost 75 percent of all complaints are in this one area. What more 
information do you need to have about whether we ought to keep this 
section of the bill intact to make sure they are not going to be exempt 
from these kinds of activities?
  So when the amendment comes up, I will speak further about this. But 
I wished to remind my colleagues particularly of the information we are 
receiving from our military organizations, from the military at the 
Pentagon, and others about how important this issue is.
  I noticed the other day there were votes in the other body to 
increase the pay of our military men and women and I applaud that and 
agree with that. We have taken steps. Jim Webb, our colleague from 
Virginia, recently got passed a bill of rights for our veterans, which 
we all applauded and supported.
  As I said, the other day Jack Reed and Scott Brown of Massachusetts, 
by a vote of 98 to 1, got passed an amendment that creates within this 
bureau the only special section of this bureau designated to protect a 
class of our citizenry--one designed to protect our men and women in 
uniform. It is the only one. We do not have a section for the elderly 
or for students or for anyone else. The only class we protected by a 
vote of 98 to 1 is our military.
  For, particularly, our junior age military, they do not own homes 
yet. They are too young. They are 18-, 19-, 20-, 21-year-olds. Their 
largest purchase is in the automobile area. What an irony it would be 
to have adopted an amendment to create a special division within the 
consumer protection area to protect our men and women in uniform--we 
are told by the Defense Department the single largest area of abuse of 
these young men and women is in automobile financing--and yet we are 
about, next week, to exempt it from this bill.
  I cannot believe that will happen. I am hopeful my colleagues, as 
much as we respect our friend from Kansas--and I do. Senator Brownback 
and I are very good friends. We work together. In fact, on several 
provisions of the bill, he and I support the same ideas. But on this 
one, I passionately disagree with what he is trying to do. I think it 
is a carve-out. It is a loophole.
  There are 1,000 lobbyists in this town doing everything they can to 
gut one provision after another in this bill. Millions of dollars are 
being paid for them to walk the halls of these buildings to do 
everything they can to gut this kind of legislation. What a tragedy it 
would be that on the cusp of adopting this legislation, for the first 
time establishing a national Consumer Financial Protection Bureau in 
our Nation, that we would carve out an area that affects the very young 
people who are sitting in harm's way in Afghanistan, Iraq, and 
elsewhere around the world. My hope is we would not let that happen.
  With that, I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DODD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DODD. Mr. President, this is not a unanimous consent request I am 
making, but just based on the conversations we have had between the 
majority and the minority in preparation for votes next week--I know 
Members will be interested about possible votes--there will be votes, 
we are hoping and planning, on Monday evening, I think it is fair to 
say, at sometime around 5:30 p.m.
  At least the amendments I think we can have some votes on Monday 
evening involve the amendment of Senator Udall of Colorado, dealing 
with credit scores; the amendment of Senator Cornyn of Texas, dealing 
with the International Monetary Fund, the IMF; the amendment of Senator 
Rockefeller and Senator Hutchison, dealing with the Federal Trade 
Commission; the amendment of Senator Bond, Senator Warner, and myself, 
dealing with angel investors as well.
  Those are four amendments we may have recorded votes on. Some may be 
voice votes, but those are four we think we can have votes on, on 
Monday evening. So we are planning to have votes.

                          ____________________




                            MORNING BUSINESS

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to a period of morning business, with Senators permitted to 
speak therein for up to 10 minutes each.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                       HONORING OUR ARMED FORCES


                           colorado's heroes

  Mr. UDALL of Colorado. Mr. President, I rise today to pay tribute to 
our wounded warriors. This week at the Olympic Training Center in 
Colorado Springs, more than 200 wounded warriors from every branch of 
the military are competing in the inaugural Warrior Games. This event 
is the brainchild of Brigadier General Cheek, with whom I spent the day 
at Fort Carson last week visiting the Warrior Transition Unit there.
  These soldiers do so much in defense of our country, yet we are not 
often in a position to cheer their performance. This week, we can. 
Although I am not able to be in Colorado to cheer them myself, I wanted 
to cheer them on here, from the Senate floor.
  These games are a partnership between the Department of Defense, the 
U.S. Paralympics, and other organizations that are working together to 
give our wounded warriors an opportunity to push themselves, set goals, 
and demonstrate their abilities. The Army sent 100 competitors--chosen 
out of a pool of almost 9,000 wounded warriors--the Marine Corps sent 
50, the Air Force 25, and the Navy and Coast Guard 25 combined. These 
military members and veterans have physical injuries as well as mental 
wounds of war, and they are competing in swimming, cycling, wheelchair 
basketball, archery, track, and sitting volleyball, among other events.
  This week's Warrior Games is about the abilities of these warriors, 
not their disabilities. And it is about goal-setting, which can 
expedite the recovery process.
  This mindset is important for all our wounded warriors, not just 
those competing in the Games this week. General

[[Page 8278]]

Cheek has said that ``While we've made enormous progress in all the 
military services in our warrior care . . . it's not enough. . . . What 
we have to do with our servicemembers is inspire them to reach for and 
achieve a rich and productive future, to defeat their illness or injury 
to maximize their abilities and know that they can have a rich and 
fulfilling life beyond what has happened to them in service to their 
nation.''
  I agree with General Cheek and believe that today the Army is working 
hard to help our wounded warriors in their difficult transition back to 
service or to life in the civilian world. But the Army acknowledges 
that it has faced some serious challenges when it comes to caring for 
our injured troops, especially those who have experienced brain 
injuries and psychological wounds. While I have seen real improvements 
in the quality of care, I also know that many of those same challenges 
still exist.
  After my visit to the Warrior Transition Unit at Fort Carson last 
week, I am especially concerned about reports of overmedication and 
substance abuse among injured service members and about delays in the 
disability evaluation process. I spent a few hours talking with 
separate groups of WTU soldiers, cadre, and clinicians in very frank 
discussions about their experiences and concerns. I heard positive 
stories too--of men and women facing life-changing injuries who said 
they couldn't have gotten back to active duty without the help of the 
WTU.
  Our young men and women have a heavy burden--they are fighting two 
wars, often serving multiple tours of duty in Iraq and Afghanistan. We 
owe them the best care possible when they are injured, and I know the 
Army--from General Casey to the youngest privates who are watching out 
for their team mates--are working hard to provide this care.
  This will be especially important now at Fort Carson as the 4th 
Brigade Combat Team, 4th ID begins to come home. A few hundred of the 
brigade's 3800 soldiers have returned so far, with another few hundred 
due home today and more due home in the coming weeks. These soldiers 
have been in Afghanistan for the last year, assisting the Afghan 
National Army with security, governance and peacekeeping operations in 
Kunar province, on the Pakistani border.
  The need to provide resiliency training and specialized care for our 
soldiers continues before, during, and after deployments. Fort Carson's 
Mobile Behavioral Health Teams have already identified about 920 
soldiers of the 4th BCT--approximately one-quarter of the brigade--as 
having risk factors for depression or anxiety, exacerbated by their 
sustained combat, who will receive additional evaluations after 
returning home. About 100 of the Brigade's soldiers are expected to 
join Fort Carson's Warrior Transition Unit upon their return. Major 
General Perkins and his team at Fort Carson have worked hard to get in 
front of behavioral health issues, initiating this program to put 
behavioral health teams in with the units and work with them even 
before they return home so that we can identify soldiers who need help.
  As the 4th BCT comes home, I want to take a moment to remember the 
heroes that we lost in Afghanistan. Fifty brave soldiers from this unit 
and supporting units have died in the past year. Those who have fallen, 
their families, and their fellow soldiers will not be forgotten. Here 
are their names:

     Steven Thomas Drees
     Gregory James Missman
     Jason John Fabrizi
     Randy L.J. Neff, Jr.
     Joshua James Rimer
     Patrick Scott Fitzgibbon
     Richard Kelvin Jones
     Jonathan Michael Walls
     Matthew Lee Ingram
     Matthew Everett Wildes
     Youvert Loney
     Randy Michael Haney
     Tyler Edward Parten
     David Alan Davis
     William L. Meredith
     Justin Timothy Gallegos
     Christopher Todd Griffin
     Joshua Mitchell Hardt
     Joshua John Kirk
     Stephan Lee Mace
     Vernon William Martin
     Michael Patrick Scusa
     Kevin Christopher Thomson
     Kevin Olsen Hill
     Jesus Olar Flores, Jr.
     Daniel Courtney Lawson
     Glen Hale Stivison, Jr.
     Brandon Michael Styer
     Kimble Andrus Han
     Eric Nathaniel Lembke
     Devin Jay Michel
     Eduviges Guadalupe Wolf
     Jason Adam McLeod
     Kenneth Ray Nichols Jr.
     Elijah John Miles Rao
     Brian Robert Bowman
     John Phillip Dion
     Joshua Allen Lengstorf
     Robert John Donevski
     Thaddeus Scott Montgomery, II
     Bobby Justin Pagan
     John Allen Reiners
     Jeremiah Thomas Wittman
     Michael David P Cardenaz
     J.R. Salvacion
     Sean Michael Durkin
     Michael Keith Ingram, Jr.
     Grant Arthur Wichmann
     Nathan Patrick Kennedy
     Eric M. Finniginam

  Each of these soldiers served with honor, valor, and pride in the 
mission. While we mourn those who fell, we will forever honor their 
memories, and we take great pride in the courage, determination, and 
heroism of the entire 4th Brigade Combat Team and its supporting units. 
Under the exemplary leadership of Colonel Randy George and Command 
Sergeant Major Sasser, the 4th BCT has achieved remarkable success in 
some of the most hostile terrain on earth. Their efforts clearly 
illustrate why Fort Carson is known as ``The Home of America's Best.'' 
On behalf of all Coloradans, I say ``welcome home, heroes, and thank 
you.''

                          ____________________




                 CONSIDERATION OF THE NEW START TREATY

  Mr. SESSIONS. Mr. President, I rise today to address some very 
important concerns that arise in my mind in the evaluation of the new 
Strategic Arms Reduction Treaty, START, that was submitted yesterday to 
the Senate for advice and consent to ratification. I do not believe 
that the Senate must ratify this treaty, as some of my colleagues 
suggest. But, rather, I begin with the proposition that a new treaty 
with Russia is not essential for our national security; may well be a 
distraction from addressing the real threats of nuclear proliferation 
by other nations and nuclear terrorism; and to the extent the President 
puts forth this treaty as a step toward his idea of a world without 
nuclear weapons, it is a naive and potentially risky strategic 
approach.
  Basically, the purpose of arms control is to reduce the risk of war 
by enhancing strategic stability and security and, if possible, lessen 
the costs of preparing for war. It is clear that the strategic balance 
between the United States and Russia is, for the most part, stable, 
while U.S. and Russian nuclear arsenals are already on a downward 
slope.
  Both sides had made a commitment, under the 2002 Moscow Treaty, to 
reduce deployed nuclear weapons to a range between 2,200 and 1,700 
warheads, which was a significant reduction from the START I level of 
6,000 warheads. Furthermore, the United States has no plans to increase 
the size of its nuclear force, and it appears to most informed 
observers that Russia, for economic reasons, was headed to even lower 
levels. Quite simply, there is no responsible prospect of an expanding 
nuclear weapons competition between our two nations. The United States 
and Russian nuclear arsenals are not the real problem today. 
Regrettably, the one category of nuclear weapons in which there is a 
true imbalance--tactical nuclear weapons--is not addressed by the new 
treaty.
  I would agree with my colleagues, such as Senator Dick Lugar, that 
the verification provisions under START I should not have been allowed 
to expire with the treaty on December 5, but this could have been dealt 
with through a simple 5-year extension as permitted by the START I 
treaty. Instead, the administration was committed to a more ambitious 
approach which it has found to be more challenging than expected, which 
in turn has led to more U.S. concessions.

[[Page 8279]]

  The President wanted to take a significant, tangible step toward his 
vision of a more peaceful world without nuclear weapons--a vision I 
find naive at best and, if achieved, likely to make the world less 
safe. As nuclear strategist and Nobel laureate Thomas Schelling has 
recently observed, a world without nuclear weapons would be one in 
which countries would make plans to rearm in order to preempt other 
countries from going nuclear first. Schelling writes: ``Every crisis 
would be a nuclear crisis. The urge to preempt would dominate; whoever 
gets the first few weapons will coerce or preempt. It would be a 
nervous world.''
  So far, at least, nuclear weapons have imposed restraint on world 
powers--what will happen to that restraint in the absence of nuclear 
weapons? What conclusions will the Russians and our allies draw from 
this vision of nuclear disarmament? Will our allies and partners, who 
have come to depend on U.S. nuclear security guarantees, pursue their 
own nuclear arms? Will Russia, which is increasing its dependence on 
nuclear weapons, interpret this as a sign of weakness and perhaps 
pursue a more muscular foreign policy directed against the west?
  Additionally, if we draw our weapon numbers too low, the perverse 
result may be that smaller nations, or rogue states may believe they 
could become peer competitors.
  In addition to the dream of nuclear disarmament, the administration's 
case for the new treaty rests on three principal arguments: No. 1, that 
it will improve U.S. and international security by reducing U.S. and 
Russian strategic nuclear forces; No. 2, that it will transform or 
``reset'' relations with Russia, such that Russia will now become a 
partner with the United States in addressing the true nuclear dangers 
of proliferation and terrorism; and No. 3, that it will provide the 
United States the moral credibility and leadership needed to pursue its 
nonproliferation objectives with the rest of the world.
  First, the current declining stockpile of U.S. and Russian nuclear 
weapons is not a factor contributing to international instability, and 
reducing our current nuclear arsenal to the new START limit of 1,550 
warheads will not have any impact on the nuclear or nonproliferation 
policies of the rest of the world. If reducing U.S. deployed nuclear 
forces from Cold War highs of over 10,000 nuclear warheads to the 
current level of some 2,000 has had no impact, why should the reduction 
of another 500 warheads make a difference?
  States decide whether to acquire nuclear capabilities not because the 
United States and Russia have large nuclear arsenals but because those 
states believe nuclear weapons will enhance their national security, 
preserve their regimes, enhance their prestige, or further their 
ambitions. Likewise, states will determine whether to support U.S. 
nonproliferation efforts on the basis of their national interests, not 
on how low Russian and American nuclear stockpiles go.
  As to the claim that a new START treaty with the Russians will 
improve relations or secure Russia's assistance in addressing other 
threats to international stability, there is little evidence to suggest 
this is the case. To the contrary, these negotiations have provided the 
Russians leverage over missile defense, prompt global strike, and 
verification issues that have marred the final agreement.
  Finally, I don't see any significant cooperation from Russia in 
securing meaningful sanctions against Iran. To be sure, if we had any 
expectation that the new START treaty would secure Russian assistance 
in dealing with Iran, we should have drawn a more explicit linkage 
between the two. In other words: no new START treaty without concrete 
Russian assistance in obtaining a United Nations Security Council 
resolution imposing real, crippling sanctions on Iran. This may have 
been a missed opportunity.
  Thus far, my remarks suggest I don't see decisive reasons to vote for 
the new START treaty--but are there reasons to vote against the treaty? 
The ratification process can help us examine several concerns.
  As I evaluate the treaty, I will take a broad view that examines not 
only the implications for U.S. strategic nuclear forces but how this 
treaty impacts our relationship with allies and other military 
capabilities important to our national security. I will want to know 
whether this treaty disadvantages the United States in any way or makes 
us less safe or constrains our ability to extend nuclear security 
guarantees to our allies.
  Finally, my decision whether to support this treaty will depend on 
the administration's firm commitment to a serious nuclear modernization 
effort for our weapons, nuclear laboratories, and delivery systems--for 
as we go to lower numbers of nuclear weapons, it becomes increasingly 
important that those remaining weapons be safe, secure, and reliable.
  The central consideration in evaluating this treaty is the impact the 
proposed numerical limitations will have on U.S. nuclear forces and in 
particular our ability to extend the nuclear umbrella to our allies and 
partners.
  The administration will have to provide additional details regarding 
the number of ICBMs, SLBMs, and heavy bombers the United States will 
field under the 700 strategic delivery system limitation--and how it 
plans to modernize those forces.
  Last year, we were told by Admiral Mullen and General Cartwright that 
reductions below 800 delivery systems may be cause for some concern, 
while former Secretary James Schlesinger, in testifying on the new 
START treaty before the Senate Foreign Relations Committee, recently 
noted that the ``numbers specified are adequate, though barely so.''
  We need to understand, therefore, the implications of this 
limitation, which requires a reduction of about 180 in the number of 
currently deployed U.S. delivery systems. In fact, the reduction in 
nuclear capability will be larger for the United States since the 
treaty requires that conventionally-armed--nonnuclear--ballistic 
missiles, in the case of prompt global strike, be counted against the 
700 total.
  Likewise, we need to understand how the Russians might configure 
their nuclear forces under the treaty and then conduct a net assessment 
to appreciate the true implications of the new START treaty for U.S. 
national security.
  Perhaps the greatest deficiency of the new START agreement is that it 
does not address the 10-to-1 disparity between Russia and the United 
States in the area of tactical nuclear weapons. As Secretary 
Schlesinger recently testified, ``the significance of tactical nuclear 
weapons rises steadily as strategic nuclear arms are reduced.''
  Russia simply refused to allow these into the negotiations. So the 
administration has left this for the ``next agreement,'' though I am 
not sure what leverage the United States will have over a Russia that 
has become more, not less, dependent on its tactical nuclear weapons.
  An irony of this is that Russian tactical nuclear weapons, because 
they are more widely dispersed and greater in number, pose a greater 
risk of contributing to nuclear proliferation and terrorism which, 
according to the administration, this treaty is supposed to help us 
avert.
  The Strategic Posture Commission estimates Russia may have 
approximately 3,800 operational tactical nuclear warheads and that the 
combination of new warhead designs and precision delivery systems 
``open up new possibilities for Russian efforts to threaten to use 
nuclear weapons to influence regional conflicts.''
  Likewise, Under Secretary of Defense for Policy Michele Flournoy has 
observed that the Russians are ``actually increasing their reliance on 
nuclear weapons and the role of nuclear weapons in their strategy.''
  What if you are one of the 31 countries dependent on the United 
States for nuclear security guarantees? How would you interpret the 
fact that the United States is going down to 1,550 strategic warheads 
while the Russians maintain at least twice that number of shorter range 
nuclear warheads that in most cases are able to reach your country? 
What impact will this have on the credibility of U.S. nuclear 
guarantees

[[Page 8280]]

and upon the incentives other countries may have to acquire their own 
nuclear capabilities?
  One final point on this issue: It disturbs me that Russian tactical 
nuclear weapons were not addressed in this treaty, yet the United 
States conceded to Russian demands to place limits on conventional 
prompt global strike capabilities by counting conventional ICBMs under 
the limits for delivery systems.
  It is striking, moreover, that the preamble would be ``mindful of the 
impact of conventionally armed ICBMs and SLBMs on strategic 
stability,'' yet be silent on the impact of tactical nuclear weapons on 
this very same strategic stability. What is more destabilizing: 
conventionally armed ICBMs or thousands of tactical nuclear weapons?
  Despite being told consistently from the very beginning of 
negotiations that missile defense will be addressed only in the 
preamble of the treaty, we now discover that article V contains a 
direct restriction on U.S. missile defense activities (i.e., cannot 
convert ICBM or SLBM launchers into launchers for missile defense 
interceptors). Will this establish a dangerous precedent with respect 
to including missile defense limitations in future offensive arms 
control agreements? Why did the U.S. side feel it necessary to concede 
this point?
  What raises concern, with respect to article V, are other efforts by 
the Russians to create a linkage between U.S. missile defense 
activities and Russian adherence to the new START treaty. When viewed 
together, the treaty's preamble, the Russian unilateral statement on 
missile defense, and remarks by senior Russian officials provide the 
potential for Russia to threaten or blackmail the United States against 
increasing its missile defense capabilities by threatening to withdraw 
from the treaty:
  When the preamble states that ``current strategic defensive arms do 
not undermine the viability and effectiveness of the strategic 
offensive arms of the parties,'' does this not suggest that moving 
beyond ``current'' systems could provide grounds for withdrawal?
  When the Russian's note in their unilateral statement that the treaty 
can operate and be viable only if the United States of America refrains 
from developing its missile defense capabilities quantitatively or 
qualitatively, and then links American missile defense capabilities to 
the treaty's withdrawal clause, should we not read this as an attempt 
to exert political pressure to forestall continued development and 
deployment of U.S. missile defenses?
  Finally, what are we to make of Russian Foreign Minister Lavrov's 
warning on March 28 that ``the treaty and all the obligations it 
contains are valid only within the context of the levels which are now 
present in the sphere of strategic defensive systems''? Does this mean 
the Russians will pull out of START if we deploy additional ground-
based interceptors in Alaska or if we deploy the SM-3 block IIB missile 
in Europe?
  Despite the administration's assurances that none of this is legally 
binding, and that the U.S. unilateral statement counters this by 
expressing our intent to continue to deploy missile defenses, I can not 
help but worry that these provisions will have a negative impact on 
U.S. decisionmaking with respect to missile defense. After all, the 
administration did abandon plans to deploy ground-based interceptors in 
Europe--an action most believe was an irritant in United States-Russian 
relations.
  There is something fundamentally disturbing about entering into a 
treaty with the Russians when we have such a divergence in view over a 
substantial issue like missile defense. To be sure, the Russian side 
has already expressed displeasure with U.S. plans to deploy missile 
defenses in Europe and to enhance the capability of the SM-3 missile to 
intercept long-range missiles launched from the Middle East.
  Adding to my apprehension is recent testimony before the House Armed 
Services Committee by a senior Department of Defense official, who 
stated that the United States has not yet even approached the Russians 
to determine whether the SM-3 IIB is, will cause them to withdraw from 
the treaty. They can withdraw for any reason.
  This likely sets the stage for misunderstanding and confrontation as 
the United States continues its missile defense activities, 
particularly in Europe.
  Clarifying this ambiguity, coupled with affirmation by the 
administration that it intends to improve the defense of our homeland 
and go forward with all phases of its planned missile defense 
deployments in Europe, is a prerequisite for ratification of the new 
START treaty.
  Our ability to verify Russian compliance with the new agreement is 
also important. One could even argue that as we go to lower levels of 
nuclear weapons, verification becomes more important, as the 
consequences of cheating become more profound. But the standard should 
not be whether we can verify Russian compliance with the terms of the 
treaty per se--though this is important--but whether we maintain 
sufficient confidence in our national ability to monitor developments 
in Russian strategic forces that, if gone undetected, could alter the 
strategic balance.
  So when the administration argues that ``verification procedures in 
this Treaty will be simpler and less costly to implement than the old 
START treaty,'' I am inclined to ask why verification procedures have 
become less stringent and whether such procedures make it harder for 
the United States to fully account for Russian strategic forces. 
Specifically:

  Will we be able to determine whether the Russians are developing new, 
more powerful missiles capable of carrying multiple warheads?
  Are the Russians capable of secretly producing and storing missiles 
and warheads that could afford them a military advantage?
  While we may have confidence in the number of missiles deployed by 
Russia today, can we maintain this confidence over the life of the 
treaty?

  Ultimately, it falls upon our intelligence community to monitor 
Russian strategic force developments. Thus it is important for the 
Senate, as part of its advice and consent responsibilities, to review 
carefully the National Intelligence Estimate on our ability to 
effectively verify the treaty that normally accompanies arms control 
agreements. I don't believe we have seen that document yet.
  I have identified just a few important issues the Senate will 
consider as we move forward, and it is likely there will be others as 
we continue to examine the treaty text, protocol, and annexes. 
Particularly troubling at this time is the disparity in tactical 
nuclear weapons which are not addressed in this treaty, and the 
constraints on missile defense and conventional prompt global strike in 
a treaty intended only to limit offensive nuclear weapons. At the very 
least this is a bad precedent, and I have no doubt Russia is attempting 
to revive the ABM Treaty regime and forestall U.S. prompt global strike 
capabilities.
  This was a treaty that Russia needed more than the United States. Not 
only were Russian strategic nuclear forces headed to lower numbers for 
economic reasons, Russia wants an arms control agreement with the 
United States. Such a binational agreement validates its superpower 
status. The United States therefore had an opportunity to leverage 
Russian desire for an agreement to obtain Russian cooperation on a host 
of issues, starting with Iran. But the administration missed this 
opportunity because it was so anxious to advance its vision of a world 
without nuclear weapons that it failed to see how START could help 
address the more immediate threat of nuclear proliferation.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

             TRIBUTE TO GENERAL VICTOR EUGENE RENUART, JR.

 Mr. UDALL of Colorado. Mr. President, today I pay tribute to a 
great American who I have had the great pleasure of knowing and working 
with for a number of years. General Victor

[[Page 8281]]

Eugene Renuart, Jr., is preparing to retire from the U.S. Air Force 
after nearly 39 years of distinguished military service, and it is 
fitting that we should honor his achievements.
  Through peacetime and multiple armed conflicts and operations, 
General Renuart has embodied the core values of the Air Force: 
integrity, service, and excellence. He courageously demonstrated his 
dedication to our Nation and served us honorably as a leader, warrior, 
and teacher. I want to also express our deepest thanks to his wife 
Jill, and their sons Ryan and Andrew, for serving as the epitome of a 
dedicated military family. As you know, military families like the 
Renuarts are America's unsung heroes, and we owe them a tremendous 
debt.
  Gene Renuart enlisted in the Air Force while our Nation was still 
engaged in the Vietnam war and received his commission from the Officer 
Training School in 1972. In the four decades since that day, he has 
amassed nearly 4,000 flying hours in seven aircraft types and piloted 
69 combat missions in major operations. The call to service has led 
Gene and his family all over the world, and he has commanded units at 
every level through conflicts in Iraq, Bosnia, and Afghanistan. The 
long list of awards and decorations that General Renuart has earned 
during his career are a testament to his years of exemplary leadership 
and unrelenting focus on mission accomplishment.
  As a lieutenant colonel during Operation DESERT STORM, General 
Renuart commanded the 76th Fighter Squadron ``Vanguards,'' who were 
trusted with a mission critical to the safety of the entire region. 
They hunted the Iraqi landscape in search of SCUD missile sites and 
protected Coalition troops from attack. General Renuart's squadron flew 
hundreds of combat missions and fought at the famed ``Highway of 
Death,'' leading to the liberation of Kuwait and defeat of the Iraqi 
Republican Guard.
  It was clear to everyone who knew him that Gene Renuart was a leader 
of the highest caliber, and he quickly rose through the ranks. On 
September 11, 2001, then-Major General Renuart was serving as the 
Director of Operations for United States Central Command, and his 
leadership and experience were instrumental as our nation rapidly 
transitioned from peace to war. General Renuart was soon providing 
operational orchestration for the invasions of Afghanistan and Iraq as 
our armed forces quickly eliminated those repressive regimes.
  In March 2007, General Renuart was promoted to the rank of four-star 
general and appointed Commander of the North American Aerospace Defense 
Command and U.S. Northern Command. The general and his command were 
given the no-fail responsibility of protecting the United States and 
Canada against all threats in the air and on the seas, while leading 
the Department of Defense's support of civil authorities to save lives 
during both natural and manmade disasters.
  With General Renuart's leadership, NORAD and USNORTHCOM widened its 
focus to anticipate threats to the United States and respond where 
necessary. The significant improvements of the unified national 
response to Hurricane Ike were born from the lessons learned from 
Hurricane Katrina and were a direct result of General Renuart's 
emphasis on anticipating our Nation's needs in times of disaster.
  For this effort and many others, General Renuart and his team 
collaborated with over 120 mission partners representing Federal, 
State, and local governments, nongovernmental organizations, and 
private industry to quickly and responsibly execute key Department of 
Defense responsibilities in the National Response Framework.
  He fostered synergy with the interagency community and collaborated 
with the militaries of Mexico and Canada to ensure North America's 
security. Whether expediting the transfer of helicopters and equipment 
to the Mexican military for counternarcotic operations or partnering 
with our northern neighbors under the Canada-United States Civil 
Assistance Plan to support the 2010 Olympic Games in Vancouver, General 
Renuart set and achieved tremendous goals for theater security 
cooperation.
  Working together to defend the homeland, NORAD and USNORTHCOM have 
delivered unparalleled security for our Nation. Not only did NORAD 
achieve a huge milestone--surpassing 55,000 accident-free sorties flown 
defending our homeland under Operation NOBLE EAGLE--but more 
importantly, there has not been a single successful foreign terrorist 
attack on American soil. That success has been the result of the 
extraordinary diligence, cooperation, and dedication that have 
exemplified General Renuart's leadership.
  On behalf of Congress and the United States of America, I thank 
General Renuart, Jill, Ryan, and Andrew for their commitment, 
sacrifice, and contributions to this great Nation. I am also especially 
pleased to say that General Renuart and Jill will be calling Colorado 
Springs home for many years to come. We Coloradans are honored to have 
them as neighbors and friends. I congratulate him on a truly remarkable 
career and wish him nothing but the best as he transitions from decades 
of service into his truly well-earned retirement.

                          ____________________




     REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY THAT WAS 
  ORIGINALLY DECLARED IN EXECUTIVE ORDER 13047 OF MAY 20, 1997, WITH 
                        RESPECT TO BURMA--PM 56

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a 
notice stating that the emergency is to continue in effect beyond the 
anniversary date. I have sent the enclosed notice to the Federal 
Register for publication, stating that the Burma emergency is to 
continue in effect beyond May 20, 2010.
  The crisis between the United States and Burma arising from the 
actions and policies of the Government of Burma, including its engaging 
in large-scale repression of the democratic opposition in Burma, that 
led to the declaration of a national emergency in Executive Order 13047 
of May 20, 1997, as modified in scope and relied upon for additional 
steps taken in Executive Order 13310 of July 28, 2003, Executive Order 
13448 of October 18, 2007, and Executive Order 13464 of April 30, 2008, 
has not been resolved. These actions and policies are hostile to U.S. 
interests and pose a continuing unusual and extraordinary threat to the 
national security and foreign policy of the United States. For this 
reason, I have determined that it is necessary to continue the national 
emergency with respect to Burma and maintain in force the sanctions 
against Burma to respond to this threat.
                                                        Barack Obama.  
The White House, May 13, 2010.

                          ____________________




                         MESSAGE FROM THE HOUSE


                         Enrolled Bills Signed

  At 11:41 a.m., a message from the House of Representatives, delivered 
by Mr. Novotny, one of its reading clerks, announced that the Speaker 
has signed the following enrolled bills:

       S. 1067. An act to support stabilization and lasting peace 
     in northern Uganda and areas affected by the Lord's 
     Resistance Army through development of a regional strategy to 
     support multilateral efforts to successfully protect 
     civilians and eliminate the threat posed by the Lord's 
     Resistance Army and to authorize funds for humanitarian 
     relief and reconstruction, reconciliation, and transitional 
     justice, and for other purposes.
       S. 3333. An act to extend the statutory license for 
     secondary transmissions under

[[Page 8282]]

     title 17, United States Code, and for other purposes.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. INOUYE, from the Committee on Appropriations, with 
     an amendment in the nature of a substitute and an amendment 
     to the title:
       H.R. 4899. A bill making emergency supplemental 
     appropriations for disaster relief and summer jobs for the 
     fiscal year ending September 30, 2010, and for other purposes 
     (Rept. No. 111-188).

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. BURR (for himself, Mr. Akaka, and Mr. Durbin):
       S. 3377. A bill to amend title 38, United States Code, to 
     improve the multifamily transitional housing loan program of 
     the Department of Veterans Affairs by requiring the Secretary 
     of Veterans Affairs to issue loans for the construction of, 
     rehabilitation of, or acquisition of land for multifamily 
     transitional housing projects instead of guaranteeing loans 
     for such purposes, and for other purposes; to the Committee 
     on Veterans' Affairs.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Ms. CANTWELL (for herself, Mr. Crapo, Mr. Bingaman, 
             Ms. Murkowski, Mrs. Murray, Mr. Wyden, Mrs. Boxer, 
             and Mr. Enzi):
       S. Res. 526. A resolution designating May 16 through May 
     22, 2010, as ``National Search and Rescue Week''; considered 
     and agreed to.
           By Mr. CASEY (for himself and Mr. Chambliss):
       S. Res. 527. A resolution supporting the designation of an 
     appropriate date as ``National Childhood Stroke Awareness 
     Day''; considered and agreed to.
           By Mr. GRAHAM (for himself, Mr. Nelson of Florida, Ms. 
             Murkowski, Mr. Specter, Mr. Conrad, Mr. Dorgan, Mr. 
             Burr, Mr. Inouye, Mr. Begich, and Mr. Kerry):
       S. Res. 528. A resolution designating May 15, 2010, as 
     ``National MPS Awareness Day''; considered and agreed to.
           By Mrs. GILLIBRAND (for herself, Mr. Burris, Mrs. 
             Boxer, Mr. Brown of Ohio, Mr. Casey, Mr. Levin, Mr. 
             Brownback, Mr. Menendez, Mr. Nelson of Florida, Mr. 
             Schumer, and Ms. Collins):
       S. Res. 529. A resolution celebrating the life and 
     achievements of Lena Mary Calhoun Horne and honoring her for 
     her triumphs against racial discrimination and her steadfast 
     commitment to the civil rights of all people; considered and 
     agreed to.
           By Mr. FEINGOLD (for himself, Ms. Snowe, Mr. Kerry, Mr. 
             Begich, Mr. Dodd, Ms. Stabenow, and Mr. Crapo):
       S. Res. 530. A resolution supporting the goals and ideals 
     of ``National Women's Health Week 2010'', and for other 
     purposes; considered and agreed to.
           By Mrs. FEINSTEIN (for herself and Mr. Brown of Ohio):
       S. Res. 531. A resolution supporting the goals and ideals 
     of National Hepatitis Awareness Month and World Hepatitis 
     Day; to the Committee on Health, Education, Labor, and 
     Pensions.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 354

  At the request of Mr. Webb, the name of the Senator from Washington 
(Mrs. Murray) was added as a cosponsor of S. 354, a bill to provide 
that 4 of the 12 weeks of parental leave made available to a Federal 
employee shall be paid leave, and for other purposes.


                                S. 1301

  At the request of Mr. Menendez, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 1301, a bill to direct the 
Attorney General to make an annual grant to the A Child Is Missing 
Alert and Recovery Center to assist law enforcement agencies in the 
rapid recovery of missing children, and for other purposes.


                                S. 1445

  At the request of Mr. Lautenberg, the name of the Senator from 
Maryland (Ms. Mikulski) was added as a cosponsor of S. 1445, a bill to 
amend the Public Health Service Act to improve the health of children 
and reduce the occurrence of sudden unexpected infant death and to 
enhance public health activities related to stillbirth.


                                S. 2749

  At the request of Mrs. Gillibrand, the name of the Senator from 
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2749, a bill 
to amend the Richard B. Russell National School Lunch Act to improve 
access to nutritious meals for young children in child care.


                                S. 2768

  At the request of Mrs. Hutchison, her name was added as a cosponsor 
of S. 2768, a bill to amend title 49, United States Code, to authorize 
appropriations for the National Transportation Safety Board for fiscal 
years 2011 and 2012, and for other purposes.


                                S. 3039

  At the request of Mr. Udall of New Mexico, the name of the Senator 
from Hawaii (Mr. Inouye) was added as a cosponsor of S. 3039, a bill to 
prevent drunk driving injuries and fatalities, and for other purposes.


                                S. 3058

  At the request of Mr. Dorgan, the name of the Senator from North 
Carolina (Mr. Burr) was added as a cosponsor of S. 3058, a bill to 
amend the Public Health Service Act to reauthorize the special diabetes 
programs for Type I diabetes and Indians under that Act.


                                S. 3342

  At the request of Mr. Durbin, the name of the Senator from Michigan 
(Mr. Levin) was added as a cosponsor of S. 3342, a bill to amend the 
Richard B. Russell National School Lunch Act to establish a 
demonstration project to promote collaborations to improve school 
nutrition.


                           AMENDMENT NO. 3889

  At the request of Mr. Akaka, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of amendment No. 3889 intended 
to be proposed to S. 3217, an original bill to promote the financial 
stability of the United States by improving accountability and 
transparency in the financial system, to end ``too big to fail'', to 
protect the American taxpayer by ending bailouts, to protect consumers 
from abusive financial services practices, and for other purposes.


                           AMENDMENT NO. 3939

  At the request of Mrs. Feinstein, the name of the Senator from New 
Hampshire (Mrs. Shaheen) was added as a cosponsor of amendment No. 3939 
intended to be proposed to S. 3217, an original bill to promote the 
financial stability of the United States by improving accountability 
and transparency in the financial system, to end ``too big to fail'', 
to protect the American taxpayer by ending bailouts, to protect 
consumers from abusive financial services practices, and for other 
purposes.


                           AMENDMENT NO. 3986

  At the request of Mr. Cornyn, the name of the Senator from Nevada 
(Mr. Ensign) was added as a cosponsor of amendment No. 3986 intended to 
be proposed to S. 3217, an original bill to promote the financial 
stability of the United States by improving accountability and 
transparency in the financial system, to end ``too big to fail'', to 
protect the American taxpayer by ending bailouts, to protect consumers 
from abusive financial services practices, and for other purposes.


                           AMENDMENT NO. 4019

  At the request of Mr. Wyden, the names of the Senator from 
Massachusetts (Mr. Kerry) and the Senator from Washington (Mrs. Murray) 
were added as cosponsors of amendment No. 4019 proposed to S. 3217, an 
original bill to promote the financial stability of the United States 
by improving accountability and transparency in the financial system, 
to end ``too big to fail'', to protect the American taxpayer by ending 
bailouts, to protect consumers from abusive financial services 
practices, and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BURR (for himself, Mr. Akaka, and Mr. Durbin):
  S. 3377. A bill to amend title 38, United States Code, to improve the

[[Page 8283]]

multifamily transitional housing loan program of the Department of 
Veterans Affairs by requiring the Secretary of Veterans Affairs to 
issue loans for the construction of, rehabilitation of, or acquisition 
of land for multifamily transitional housing projects instead of 
guaranteeing loans for such purposes, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. BURR. Mr. President, I rise today to offer legislation that would 
improve the Department of Veterans Affairs, VA, Multifamily 
Transitional Housing Loan program. This program, established in 1998 
and supported with a $48 million appropriation in 1999, was intended to 
encourage additional development of transitional housing units for 
homeless veterans. Despite the good intention, the program was viewed 
as too rigid by community providers who turned elsewhere for 
assistance. In fact, only one loan was ever guaranteed under the 
program until VA discontinued it 2 years ago. The legislation I am 
introducing today would modify the program to give it the flexibility 
that community providers say is needed. The bill is cost neutral, 
relying only on money that Congress already has appropriated.
  According to VA more than 107,000 veterans are homeless on any given 
night, including an estimated 1,589 in my home state of North Carolina. 
Many veterans are considered homeless or at risk due to their poverty, 
lack of support systems, and poor living conditions.
  Even though we have seen a decrease in the number of homeless 
veterans from previous years, there is still work to be done. Make no 
mistake; the goal is not only to end homelessness but provide 
sustainable solutions to prevent veterans from, again, falling through 
the cracks. One area that will continue to play an important role in 
keeping veterans off the streets is the provision of transitional 
housing units coupled with onsite supportive services.
  There are a number of VA programs that encourage the development of 
transitional housing units for homeless veterans. One such program, as 
I previously mentioned, was established by Congress in 1998--the 
Multifamily Transitional Housing Loan Guarantee Program. It was 
designed to encourage lenders to make low-interest loans, backed by a 
VA guaranty, available to homeless providers for the acquisition, 
construction, and improvement of transitional housing units. One 
provider, the St. Leo Campus for Veterans in Chicago, IL, operated by 
Catholic Charities, availed themselves of a VA-backed housing loan. 
However, St. Leo's experience is illustrative of why no other provider 
was able to secure a loan and why the program was ultimately 
discontinued.
  The St. Leo Campus for Veterans provides 141 studio units, each 
containing its own kitchen and full bathroom, to formerly homeless 
veterans as well as supportive services to help them become self-
sufficient. On the St. Leo Campus, VA operates a clinic to provide 
outpatient services. In order to get financing for the St. Leo Campus, 
Catholic Charities obtained funding from ten sources, to include the 
VA-backed loan, various state-supported tax credits, and other creative 
funding sources.
  Needless to say, the St. Leo Campus has been faced with numerous 
operational challenges that are typical of a provider servicing the 
homeless population. What exacerbates the challenge is the rigidity of 
the original VA loan program. Without flexibility in loan terms and 
conditions, St. Leo Campus struggles to make ends meet, bringing into 
question the sustainability of the project. To provide the necessary 
services to homeless veterans, St. Leo Campus has relied on one-time 
grants and donations which, in a difficult economy, are a highly 
volatile source of revenue. Flexibility in the terms of its VA-loan, as 
my bill would provide, would give St. Leo Campus and other homeless 
providers a chance to weather some of these cyclical funding 
challenges.
  Recognizing the financing challenges many have in serving this unique 
population, my bill provides VA with the authority to issue loans under 
terms that are far more flexible than the original program. The 
legislation tracks each of the recommendations made in a report to VA 
regarding how the Multi-Family Transitional Housing Loan Program could 
be improved.
  Specifically, the legislation would give VA greater flexibility in 
the types of loans it may offer and the conditions attached to 
repayment, including payment deferral, interest only payments, and debt 
forgiveness. It would give VA the authority to sell, lease, or operate 
a multifamily transitional housing project in the event of default. It 
would preempt any Federal, State, or local housing statute that limits 
a project from offering preferential treatment to veterans. Lastly, it 
would clarify that projects financed with a VA loan may include space 
for job training programs, other types of residential units, or other 
uses that the Secretary determines necessary for the sustainability of 
the multifamily transitional housing projects.
  Transitional housing developed using VA-issued loans under my bill 
would still come with a requirement that a provider make available 
supportive services to reduce the likelihood of veterans again becoming 
homeless. These would include health care services; daily living 
services; personal financial planning; transportation services; income 
support services; fiduciary and representative payee services; legal 
services; child care; housing counseling; and other services necessary 
for maintaining independent living.
  Finally, I again reiterate that this legislation calls for no new 
appropriation. It relies exclusively on $48 million appropriated, (but 
unspent), in 1999 to meet the administrative expenses and initial 
lending capital VA will require. As homeless providers make payments to 
extinguish any loan balance, VA will have the Opportunity to make 
additional loans.
  I am committed to doing all we can to end homelessness among 
veterans. But I am also committed to doing it in a way that is not 
duplicative and fully utilizes money the American people have already 
put forward. I ask my colleagues for their support of my bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3377

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVERSION OF MULTIFAMILY TRANSITIONAL HOUSING 
                   LOAN PROGRAM TO LOAN ISSUANCE PROGRAM.

       (a) Authority to Issue Loans.--
       (1) In general.--Section 2051 of title 38, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) by striking ``The'' and inserting ``(1) The''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) The Secretary shall, utilizing funds available in the 
     Multifamily Transitional Housing Loan Program Revolving Fund 
     under section 2055 of this title, issue not less than five 
     loans that meet the requirements of this subchapter.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``under subsection (a)'' 
     and inserting ``under subsection (a)(1)'';
       (ii) in paragraph (2), by striking ``under subsection (a)'' 
     and inserting ``under subsection (a)(1)''; and
       (iii) in paragraph (3), by inserting ``or issued'' after 
     ``guaranteed'';
       (C) in subsection (c), by inserting ``or issued'' after 
     ``guaranteed''; and
       (D) in subsection (g), by inserting ``or issued'' after 
     ``guaranteed''.
       (2) Authority to delegate approval authority.--Subsection 
     (c) of such section, as amended by paragraph (1)(C) of this 
     subsection, is amended--
       (A) by striking ``A loan'' and inserting ``(1) A loan''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) The Secretary may delegate approval under paragraph 
     (1) to a State or local government entity.''.
       (3) Sunset of authority to issue loan guarantees.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(h) The Secretary may not guarantee under subsection 
     (a)(1) any loan that is closed after the date of the 
     enactment of this subsection. The termination by this 
     subsection of the authority to guarantee loans

[[Page 8284]]

     under this subsection shall not affect the validity of any 
     loan guaranteed under this subchapter before the date of the 
     enactment of this subsection and is in force on that date.''.
       (4) Conforming amendments.--
       (A) Section 2052(d) of such title is amended by inserting 
     ``or issue'' after ``whether to guarantee''.
       (B) Section 2053(a) of such title is amended by inserting 
     ``or issued'' after ``is guaranteed''.
       (C) Section 2054(a) of such title is amended--
       (i) in the first sentenced, by inserting ``or issued'' 
     after ``guaranteed''; and
       (ii) in the last sentence, by inserting ``or loan'' after 
     ``guarantee''.
       (5) Clerical amendments.--
       (A) The heading of subchapter VI of chapter 20 of such 
     title is amended by striking ``LOAN GUARANTEE FOR''.
       (B) The table of sections at the beginning of such chapter 
     is amended by striking the item relating to subchapter VI and 
     inserting the following new item:

          ``subchapter vi--multifamily transitional housing''.

       (b) Multifamily Transitional Housing Loan Program Revolving 
     Fund.--
       (1) In general.--Subchapter VI of chapter 20 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 2055. Multifamily Transitional Housing Loan Program 
       Revolving Fund

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a revolving fund known as the 
     `Department of Veterans Affairs Multifamily Transitional 
     Housing Loan Program Revolving Fund' (in this section 
     referred to as the `Fund').
       ``(b) Elements.--There shall be deposited in the Fund the 
     following, which shall constitute the assets of the Fund:
       ``(1) Amounts paid into the Fund under any provision of law 
     or regulation established by the Secretary imposing fees on 
     persons or entities issued a loan under this subchapter.
       ``(2) All other amounts received by the Secretary incident 
     to operations relating to the issuance of loans under this 
     subchapter, including--
       ``(A) collections of principal and interest on loans issued 
     by the Secretary under this subchapter;
       ``(B) proceeds from the sale, rental, use, or other 
     disposition of property acquired under this subchapter; and
       ``(C) penalties collected pursuant to this subchapter.
       ``(3) Amounts appropriated or otherwise made available 
     before the date of the enactment of this section for purposes 
     of activities under this subchapter, including amounts 
     appropriated for such purposes under title I of the 
     Department of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (Public Law 106-74; 113 Stat. 1049).
       ``(c) Use of Funds.--The Fund shall be available to the 
     Secretary, without fiscal year limitation, for all operations 
     relating to the issuance of loans under this subchapter, 
     consistent with the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661 et seq.).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 20 of such title is amended by inserting 
     after the item relating to section 2054 the following new 
     item:

``2055. Multifamily Transitional Housing Loan Program Revolving 
              Fund.''.

       (c) Clarification of Authority to Determine Terms and 
     Conditions of Loans.--Subsection (a)(6) of section 2052 of 
     such title is amended by inserting ``including with respect 
     to forbearance, deferral, and loan forgiveness,'' after 
     ``determines are reasonable,''.
       (d) Clarification of Types of Spaces That May Be Included 
     in Covered Multifamily Transitional Housing Projects.--
     Subsection (c)(1) of such section 2052 is amended by striking 
     ``or job training programs'' and inserting ``job training 
     programs, other types of residential units, or other uses 
     that the Secretary considers necessary for the sustainability 
     of the project''.
       (e) Loan Defaults.--Section 2053 of such title is amended 
     by adding at the end the following new subsection:
       ``(c) The Secretary may impose such penalties or require 
     such collateral as the Secretary considers necessary--
       ``(1) to discourage default on a loan issued under this 
     subchapter; or
       ``(2) to mitigate harm to the Department from default on a 
     loan issued under this subchapter.
       ``(d) The Secretary shall administer any property coming 
     under the jurisdiction of the Secretary by reason of default 
     on a loan issued or guaranteed under this subchapter in 
     accordance with regulations prescribed by the Secretary for 
     that purpose. Such administration of property may include 
     selling, renting, or otherwise disposing of property as the 
     Secretary considers appropriate.''.
       (f) Preferential Treatment of Veterans.--
       (1) In general.--Subchapter VI of chapter 20 of such title, 
     as amended by subsection (b), is further amended by adding at 
     the end the following new section:

     ``Sec. 2056. Preferential treatment of veterans

       ``No provision of Federal or State law may prohibit a 
     multifamily transitional housing project described in section 
     2052(b) of this title from offering preferential treatment to 
     veterans.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by subsection (b), is 
     further amended by adding at the end the following new item:

``2056. Preferential treatment of veterans.''.
       (g) Technical Corrections.--Section 2052 of such title is 
     amended--
       (1) in subsection (b)(2), by striking ``counselling'' both 
     places it appears and inserting ``counseling''; and
       (2) in subsection (d)(2), by striking ``, as assessed under 
     section 107 of Public Law 102-405''.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 526--DESIGNATING MAY 16 THROUGH MAY 22, 2010, AS 
                  ``NATIONAL SEARCH AND RESCUE WEEK''

  Ms. CANTWELL (for herself, Mr. Crapo, Mr. Bingaman, Ms. Murkowski, 
Mrs. Murray, Mr. Wyden, Mrs. Boxer, and Mr. Enzi) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 526

       Whereas the National Association for Search and Rescue and 
     local search and rescue units across the United States have 
     designated May 16 through May 22, 2010, as ``National Search 
     and Rescue Week'';
       Whereas the Senate recognizes the importance of search and 
     rescue services that are provided by both salaried and 
     volunteer citizens through county sheriff offices and 
     military entities;
       Whereas throughout the history of the United States, search 
     and rescue personnel have served the people of this Nation by 
     helping to save the lives of fellow citizens who are lost or 
     injured;
       Whereas search and rescue personnel continually offer 
     educational services that provide individuals with the 
     survival knowledge necessary to live safely in diverse 
     environments, from mountains to deserts and across both the 
     urban and remote areas of this Nation;
       Whereas search and rescue personnel train continually in 
     order to maintain mission readiness and to be able to address 
     complex search and rescue situations with both knowledge and 
     skill;
       Whereas search and rescue personnel are instrumental during 
     national emergencies or natural disasters, as they are 
     willing and able to respond and remain on missions for many 
     weeks;
       Whereas search and rescue personnel are required to be 
     focused and dedicated in order to carry out missions that 
     involve personal sacrifice of time, finance, and property, 
     and place their own lives in danger;
       Whereas in the United States, more than 500 individuals 
     have sacrificed their lives during search and rescue missions 
     or training; and
       Whereas search and rescue personnel shall always be 
     recognized as essential to protecting the lives of the 
     citizens of this Nation: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates May 16 through May 22, 2010, as ``National 
     Search and Rescue Week''; and
       (2) encourages the people of the United States to observe 
     this week with appropriate ceremonies and activities that 
     promote awareness and appreciation of the role that search 
     and rescue personnel perform in their communities so ``that 
     others may live''.

                          ____________________




  SENATE RESOLUTION 527--SUPPORTING THE DESIGNATION OF AN APPROPRIATE 
          DATE AS ``NATIONAL CHILDHOOD STROKE AWARENESS DAY''

  Mr. CASEY (for himself and Mr. Chambliss) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 527

       Whereas a stroke, also known as a cerebrovascular accident, 
     is an acute neurologic injury that occurs when the blood 
     supply to a part of the brain is interrupted by a clot in the 
     artery or a burst of the artery;
       Whereas a stroke is a medical emergency that can cause 
     permanent neurologic damage or even death if not promptly 
     diagnosed and treated;
       Whereas 1 out of every 4,000 live births, and 11 out of 
     every 100,000 children overall, have a stroke each year;
       Whereas an individual can have a stroke before birth;
       Whereas a stroke is among the top 10 causes of death for 
     children in the United States;
       Whereas 20 to 40 percent of children who experience a 
     stroke die as a result;
       Whereas stroke may recur in 20 percent of children;

[[Page 8285]]

       Whereas the average time from onset of symptoms to 
     diagnosis of a child having had a stroke is 72 hours;
       Whereas no medication has been Federally approved for 
     pediatric stroke treatment;
       Whereas many children who experience a stroke will suffer 
     serious, long-term neurological disabilities, including 
     hemiplegia (which is paralysis of 1 side of the body) 
     seizures, speech and vision problems, and learning 
     difficulties;
       Whereas such disabilities may require ongoing physical, 
     occupational, and speech therapies, as well as surgeries;
       Whereas the permanent health concerns and treatments 
     resulting from strokes that occur during childhood and young 
     adulthood have a considerable impact on children, families, 
     and society;
       Whereas very little is known about the cause, treatment, 
     and prevention of childhood stroke;
       Whereas medical research is the only means by which the 
     people of the United States can identify and develop 
     effective treatment and prevention strategies for childhood 
     stroke;
       Whereas early diagnosis and treatment of childhood stroke 
     greatly improves the chances that the affected child will 
     recover and not experience a recurrence; and
       Whereas the Pediatric Stroke Network, Inc. should be 
     commended for being the first online support group for 
     families affected by pediatric stroke to be registered with 
     the American Heart Association and for the ongoing 
     legislative and awareness endeavors of the group: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) supports the designation of an appropriate date as 
     ``National Childhood Stroke Awareness Day''; and
       (2) urges the people of the United States to support the 
     efforts, programs, services, and advocacy of organizations 
     that work to enhance public awareness of childhood stroke.

                          ____________________




  SENATE RESOLUTION 528--DESIGNATING MAY 15, 2010, AS ``NATIONAL MPS 
                            AWARENESS DAY''

  Mr. GRAHAM (for himself, Mr. Nelson of Florida, Ms. Murkowski, Mr. 
Specter, Mr. Conrad, Mr. Dorgan, Mr. Burr, Mr. Inouye, Mr. Begich, and 
Mr. Kerry) submitted the following resolution; which was considered and 
agreed to:

                              S. Res. 528

       Whereas mucopolysaccharidosis (referred to in this 
     resolution as ``MPS'') are a group of genetically determined 
     lysosomal storage diseases that render the human body 
     incapable of producing certain enzymes needed to break down 
     complex carbohydrates;
       Whereas MPS diseases cause complex carbohydrates to be 
     stored in almost every cell in the body and progressively 
     cause cellular damage;
       Whereas the cellular damage caused by MPS--
       (1) adversely affects the human body by damaging the heart, 
     respiratory system, bones, internal organs, and central 
     nervous system; and
       (2) often results in mental retardation, short stature, 
     corneal damage, joint stiffness, loss of mobility, speech and 
     hearing impairment, heart disease, hyperactivity, chronic 
     respiratory problems, and, most importantly, a drastically 
     shortened life span;
       Whereas symptoms of MPS are usually not apparent at birth;
       Whereas, without treatment, the life expectancy of an 
     individual afflicted with MPS begins to decrease at a very 
     early stage in the life of the individual;
       Whereas research has resulted in the development of limited 
     treatments for some MPS diseases;
       Whereas promising advancements in the pursuit of treatments 
     for additional MPS diseases are underway as of the date of 
     agreement to this resolution;
       Whereas, despite the creation of new remedies, the blood-
     brain barrier continues to be a significant impediment to 
     effectively treating the brain, which prevents the treatment 
     of many of the symptoms of MPS;
       Whereas treatments for MPS will be greatly enhanced with 
     continued public funding;
       Whereas the quality of life of the individuals afflicted 
     with MPS, and the treatments available to those individuals, 
     will be enhanced through the development of early detection 
     techniques and early intervention;
       Whereas treatments and research advancements for MPS are 
     limited by a lack of awareness about MPS diseases;
       Whereas the lack of awareness about MPS diseases extends to 
     individuals within the medical community;
       Whereas the cellular damage that is caused by MPS makes MPS 
     a model for the study of many other degenerative genetic 
     diseases;
       Whereas the development of effective therapies and a 
     potential cure for MPS diseases can be accomplished by 
     increased awareness, research, data collection, and 
     information distribution; and
       Whereas the Senate is an institution that has the ability--
       (1) to raise public awareness about MPS; and
       (2) to encourage and facilitate increased public and 
     private sector research for the early diagnosis and treatment 
     of MPS diseases: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates May 15, 2010, as ``National MPS Awareness 
     Day''; and
       (2) supports the goals and ideals of ``National MPS 
     Awareness Day''.

                          ____________________




 SENATE RESOLUTION 529--CELEBRATING THE LIFE AND ACHIEVEMENTS OF LENA 
  MARY CALHOUN HORNE AND HONORING HER FOR HER TRIUMPHS AGAINST RACIAL 
                              DISCRIMINA-
  TION AND HER STEADFAST COMMITMENT TO THE CIVIL RIGHTS OF ALL PEOPLE

  Mrs. GILLIBRAND (for herself, Mr. Burris, Mrs. Boxer, Mr. Brown of 
Ohio, Mr. Casey, Mr. Levin, Mr. Brownback, Mr. Menendez, Mr. Nelson of 
Florida, Mr. Schumer, and Ms. Collins) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 529

       Whereas Lena Mary Calhoun Horne was a trail-blazing 
     performing artist whose life exemplified her commitment to 
     social justice, peace, and civil rights;
       Whereas Ms. Horne was born in Brooklyn, New York on June 
     30, 1917, and joined the chorus of the famed Cotton Club in 
     Harlem at the age of 16 and debuted on Broadway one year 
     later in the musical ``Dance With Your Gods'' (1934);
       Whereas during the 1940s, Ms. Horne was one of the first 
     African American women to perform with a white band ensemble, 
     the first black performer to play the Copacabana nightclub, 
     and among the first African Americans to sign a long-term 
     Hollywood film studio contract, garnering her roles in a host 
     of films, including ``Thousands Cheer'' (1943), ``Broadway 
     Rhythm'' (1944), ``Two Girls and a Sailor'' (1944), and 
     ``Ziegfeld Follies'' (1946);
       Whereas her rendition of the title song to the 1943 film 
     ``Stormy Weather'' became a major hit and among her signature 
     pieces, which also included ``Deed I Do'', ``As Long As I 
     Live'', and Cole Porter's ``Just One of Those Things'';
       Whereas Ms. Horne recorded prolifically into the 1990s and 
     the record ``Lena Horne at the Waldorf-Astoria'' became the 
     best-selling album by a female singer in RCA Victor's 
     history;
       Whereas Ms. Horne earned four Grammy Awards during the 
     course of her career, including the Recording Academy's 
     Lifetime Achievement Award in 1989, a National Association 
     for the Advancement of Colored People Image Award in 1999, 
     and a Kennedy Center Honor in 1984;
       Whereas Ms. Horne appeared extensively on television, 
     including specials with Harry Belafonte, Tony Bennett, 
     numerous musical reviews and variety shows, and appearances 
     on programs like ``Sesame Street'' and ``The Cosby Show'';
       Whereas she was nominated for her first Tony Award in 1957 
     for her role in the musical ``Jamaica'', and her 1981 one-
     woman Broadway show, ``Lena Horne: The Lady and Her Music'', 
     earned her a Tony Award, a Grammy Award, and ran for more 
     than 300 performances;
       Whereas despite Ms. Horne's pioneering contract with MGM 
     studios, she was never featured in a leading role during the 
     1940s and 50s because her films had to be reedited for 
     theaters in Southern States that proscribed films with black 
     performers;
       Whereas Ms. Horne was outspoken in her fight for racial 
     equality;
       Whereas during World War II, she used her own money to 
     travel and entertain the troops;
       Whereas while Ms. Horne performed at Army camps for the 
     U.S.O., she became an outspoken critic of the treatment of 
     African American servicemen and refused to sing before 
     segregated audiences and at venues in which German Prisoners 
     of War were seated in front of black soldiers;
       Whereas during the late 1940s, Ms. Horne sued a number of 
     restaurants and theaters for racial discrimination;
       Whereas Ms. Horne was only two years old when her 
     grandmother, suffragette, and civil rights activist Cora 
     Calhoun enrolled her as a member of the National Association 
     for the Advancement of Colored People, and she was an 
     honorary member of the Delta Sigma Theta sorority and worked 
     for years with the Urban League;
       Whereas she participated in numerous civil rights rallies 
     and demonstrations--marching with Medgar Evers in 
     Mississippi, performing at rallies throughout the Nation for 
     the National Council of Negro Women, and taking part in the 
     March on Washington in August 1963 at which the Rev. Martin 
     Luther King, Jr., delivered his ``I Have a Dream'' speech;
       Whereas her commitment to civil rights and political views 
     may have resulted in her appearance on Hollywood 
     ``blacklists'' during the 1950s;
       Whereas Ms. Horne worked with Eleanor Roosevelt to pass 
     antilynching legislation;

[[Page 8286]]

       Whereas with her wide musical range and consummate 
     professionalism, she rose beyond Hollywood's stereotypical 
     portrayals of African American as maids, butlers, and African 
     natives; and
       Whereas her poise, grace, and courage paved the way for 
     generations of women and African Americans: Now, therefore, 
     be it
       Resolved, That the Senate celebrates the life and 
     achievements of Lena Mary Calhoun Horne and honors her for 
     her triumphs against racial discrimination and her steadfast 
     commitment to the civil rights of all people.

                          ____________________




 SENATE RESOLUTION 530--SUPPORTING THE GOALS AND IDEALS OF ``NATIONAL 
           WOMEN'S HEALTH WEEK 2010'', AND FOR OTHER PURPOSES

  Mr. FEINGOLD (for himself, Ms. Snowe, Mr. Kerry, Mr. Begich, Mr. 
Dodd, Ms. Stabenow, and Mr. Crapo) submitted the following resolution; 
which was considered and agreed to:

                              S. Res. 530

       Whereas women of all backgrounds should be encouraged to 
     greatly reduce their risk of common diseases through 
     preventive measures such as a healthy lifestyle, by engaging 
     in regular physical activity, eating a nutritious diet, and 
     visiting a healthcare provider to receive regular check-ups, 
     and preventative screenings;
       Whereas significant disparities exist in the prevalence of 
     disease among women of different backgrounds, including women 
     with disabilities, African American women, Asian and Pacific 
     Islander women, Latinas, and American Indian and Alaska 
     Native women;
       Whereas healthy habits should begin at a young age;
       Whereas it is important to educate women and girls about 
     the significance of awareness of key female health issues;
       Whereas it is recognized that the offices of women's health 
     within the Department of Health and Human Services, the Food 
     and Drug Administration, the Centers for Disease Control and 
     Prevention, the Health Resources and Services Administration, 
     the National Institutes of Health, and the Agency for 
     Healthcare Research and Quality are vital to providing 
     critical services in supporting women's health research, 
     education, and other necessary services that benefit women of 
     any age, race, or ethnicity;
       Whereas annually, National Women's Health Week begins on 
     Mother's Day and celebrates the efforts of national and 
     community organizations working with partners and volunteers 
     to improve awareness of key women's health issues; and
       Whereas in 2010, the week of May 9 through May 15 is 
     dedicated as ``National Women's Health Week 2010'': Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) recognizes the importance of preventing diseases that 
     commonly affect women;
       (2) supports the goals and ideals of ``National Women's 
     Health Week 2010'';
       (3) calls on the people of the United States to use the 
     start of ``National Women's Health Week 2010'', on May 9, 
     2010, as an opportunity to learn about health issues that 
     face women;
       (4) calls on the women of the United States to observe 
     National Women's Check-Up Day by receiving preventive 
     screenings from their health care providers; and
       (5) recognizes the importance of federally funded programs 
     that provide research and collect data on common diseases in 
     women.

                          ____________________




  SENATE RESOLUTION 531--SUPPORTING THE GOALS AND IDEALS OF NATIONAL 
           HEPATITIS AWARENESS MONTH AND WORLD HEPATITIS DAY

  Mrs. FEINSTEIN (for herself and Mr. Brown of Ohio) submitted the 
following resolution; which was referred to the Committee on Health, 
Education, Labor, and Pensions:

                              S. Res. 531

       Whereas infection with the hepatitis B and C viruses and 
     the incidence of liver disease and cancer caused by the 
     hepatitis B and C viruses have become urgent problems of 
     global proportions;
       Whereas an estimated 2,000,000,000 people worldwide have 
     been infected with the hepatitis B virus, and as many as 
     400,000,000 people worldwide live with chronic hepatitis B 
     infection;
       Whereas an estimated 600,000 people worldwide die each year 
     due to a hepatitis B infection;
       Whereas an estimated 170,000,000 people worldwide live with 
     chronic hepatitis C infection, and an estimated 3,500,000 
     people are newly infected with hepatitis C each year;
       Whereas an estimated 1,700,000 people worldwide die each 
     year due to liver failure or primary liver cancer from 
     chronic hepatitis C infection;
       Whereas infection with the hepatitis B and C viruses is a 
     growing health crisis in the United States, and an estimated 
     5,300,000 people in the United States are chronically 
     infected with the hepatitis B or C virus;
       Whereas each year in the United States, an estimated 43,000 
     people are newly infected with the hepatitis B virus and 
     17,000 people are newly infected with the hepatitis C virus;
       Whereas approximately 65 percent and 75 percent of the 
     people infected with hepatitis B and hepatitis C virus, 
     respectively, are unaware of the infection;
       Whereas, because of the asymptomatic nature of the 
     hepatitis B and C viruses, a person who has become 
     chronically infected with 1 of the viruses may not have 
     symptoms for up to 40 years after the initial infection has 
     occurred;
       Whereas many people are unaware that they have been 
     infected with the hepatitis B or C virus until years later, 
     when symptoms of liver cancer or liver disease develop;
       Whereas, as a result of late diagnosis, approximately 
     15,000 people die each year from liver disease or liver 
     cancer related to chronic viral hepatitis;
       Whereas hepatitis C claims roughly 12,000 lives each year 
     in the United States, and the overall rate of hepatitis C-
     related deaths in the United States is expected to triple by 
     2019;
       Whereas, in the United States, African-Americans, Asian 
     Americans, Pacific Islanders, Latinos, Native Americans, 
     Alaskan Natives, gay and bisexual men, and persons who inject 
     drugs have higher rates of chronic viral hepatitis infection;
       Whereas 1/3 of HIV-positive people in the United States are 
     co-infected with the hepatitis C virus, and 1/10 of HIV-
     positive people in the United States are co-infected with the 
     hepatitis B virus;
       Whereas, although life expectancies for HIV-positive 
     persons have increased with therapy, liver disease, mostly 
     related to hepatitis B or C infections, has become the most 
     common non-AIDS-related cause of death among HIV-positive 
     persons;
       Whereas chronic hepatitis B and C infections cost the 
     United States $16,000,000,000 each year;
       Whereas, despite the fact that chronic viral hepatitis is 
     the most common blood-borne infection in the United States, 
     no routine or universal screening is in place for early 
     detection as of the date of the agreement to this resolution;
       Whereas, in 2010, the Institute of Medicine issued a report 
     on chronic viral hepatitis, which attributed the lack of 
     knowledge and awareness among the public and health providers 
     of the United States of chronic viral hepatitis, the large 
     health disparities for people infected with chronic viral 
     hepatitis, and the current morbidity and mortality rate for 
     people infected with chronic viral hepatitis, to the lack of 
     dedicated resources for chronic viral hepatitis;
       Whereas the first World Hepatitis Day on May 19, 2008, 
     raised awareness about the need for action, compassion, and 
     understanding about chronic viral hepatitis around the world; 
     and
       Whereas the goals of World Hepatitis Day and National 
     Hepatitis Awareness Month are--
       (1) to highlight the global nature of the chronic viral 
     hepatitis epidemic;
       (2) to recognize the need for a comprehensive public 
     education and awareness campaign designed to help infected 
     patients and the physicians of patients to identify and 
     manage the secondary consequences of the disease; and
       (3) to help increase the length and quality of life for 
     individuals diagnosed with chronic hepatitis B or C 
     infections: Now, therefore, be it
       Resolved, That the Senate--
       (1) supports the goals and ideals of World Hepatitis Day 
     and National Hepatitis Awareness Month;
       (2) promotes raising awareness of the risks and 
     consequences of undiagnosed chronic hepatitis B or hepatitis 
     C infections; and
       (3) urges a robust governmental and public health response 
     to protect the health of the more than 5,000,000 people in 
     the United States and nearly 600,000,000 people worldwide who 
     suffer from chronic viral hepatitis.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 4042. Ms. COLLINS (for herself and Mr. Voinovich) 
     submitted an amendment intended to be proposed to amendment 
     SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and 
     Mrs. Lincoln)) to the bill S. 3217, to promote the financial 
     stability of the United States by improving accountability 
     and transparency in the financial system, to end ``too big to 
     fail'', to protect the American taxpayer by ending bailouts, 
     to protect consumers from abusive financial services 
     practices, and for other purposes; which was ordered to lie 
     on the table.
       SA 4043. Mr. DODD (for Mr. Lieberman) proposed an amendment 
     to the bill H.R. 2711, to amend title 5, United States Code, 
     to provide for the transportation and moving expenses for the 
     immediate family of certain Federal employees who die in the 
     performance of their duties.
       SA 4044. Mr. DODD (for Mr. Lieberman) proposed an amendment 
     to the bill H.R. 2711, supra.

[[Page 8287]]

       SA 4045. Ms. STABENOW (for herself, Mr. Hatch, Mr. Bennett, 
     and Mr. Levin) submitted an amendment intended to be proposed 
     to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for 
     himself and Mrs. Lincoln)) to the bill S. 3217, to promote 
     the financial stability of the United States by improving 
     accountability and transparency in the financial system, to 
     end ``too big to fail'', to protect the American taxpayer by 
     ending bailouts, to protect consumers from abusive financial 
     services practices, and for other purposes; which was ordered 
     to lie on the table.
       SA 4046. Mr. LEAHY submitted an amendment intended to be 
     proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. 
     Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, 
     supra; which was ordered to lie on the table.
       SA 4047. Mr. LEAHY submitted an amendment intended to be 
     proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. 
     Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, 
     supra; which was ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 4042. Ms. COLLINS (for herself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 3739 proposed by Mr. 
Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, 
to promote the financial stability of the United States by improving 
accountability and transparency in the financial system, to end ``too 
big to fail'', to protect the American taxpayer by ending bailouts, to 
protect consumers from abusive financial services practices, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 988, line 15, insert ``, unless the individual who 
     is alleging discharge or other discrimination in violation of 
     subparagraph (A) is an employee of the Federal Government, in 
     which case the individual shall only bring an action under 
     section 1221 of title 5, United States Code'' before the 
     period.
                                 ______
                                 
  SA 4043. Mr. DODD (for Mr. Lieberman) proposed an amendment to the 
bill H.R. 2711, to amend title 5, United States Code, to provide for 
the transportation and moving expenses for the immediate family of 
certain Federal employees who die in the performance of their duties; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE 
                   FAMILY OF CERTAIN DECEASED FEDERAL EMPLOYEES.

       (a) In General.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5724c the following:

     ``Sec. 5724d. Transportation and moving expenses for 
       immediate family of certain deceased Federal employees

       ``(a) In General.--Under regulations prescribed by the 
     President, the head of the agency concerned (or a designee) 
     may determine that a covered employee died as a result of 
     personal injury sustained while in the performance of the 
     employee's duty and authorize or approve the payment by the 
     agency, from Government funds, of--
       ``(1) any qualified expense of the immediate family of the 
     covered employee attributable to a change in their place of 
     residence, if the place where the immediate family will 
     reside following the death of the employee is--
       ``(A) different from the place where the immediate family 
     resided at the time of the employee's death; and
       ``(B) within the United States; and
       ``(2) any expense of preparing and transporting the remains 
     of the deceased to--
       ``(A) the place where the immediate family will reside 
     following the death of the employee; or
       ``(B) such other place appropriate for interment as is 
     determined by the agency head (or designee).
       ``(b) No Duplicate Payment of Expenses.--No expenses may be 
     paid under this section if those expenses are paid from 
     Government funds under section 5742 or any other authority.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means--
       ``(A) a law enforcement officer, as defined in section 
     5541;
       ``(B) any employee in or under the Federal Bureau of 
     Investigation who is not described in subparagraph (A); and
       ``(C) a customs and border protection officer, as defined 
     in section 8331(31); and
       ``(2) the term `qualified expense', as used with respect to 
     an immediate family changing its place of residence, means 
     the transportation expenses of the immediate family, the 
     expenses of moving (including transporting, packing, crating, 
     temporarily storing, draying, and unpacking) the household 
     goods and personal effects of such immediate family, not in 
     excess of 18,000 pounds net weight, and, when authorized or 
     approved by the agency head (or designee), the transportation 
     of 1 privately owned motor vehicle.''.
       (b) No Relevance as to Compensation Claims.--No 
     determination made under section 5724d of title 5, United 
     States Code, shall be deemed relevant to or be considered in 
     connection with any claim for compensation under chapter 81 
     of that title or under any other law under which compensation 
     may be provided on account of death or personal injury, nor 
     shall any determination made with respect to any such claim 
     be deemed relevant to or be considered in connection with any 
     request for payment of expenses under such section 5724d.
       (c) Clerical Amendment.--The table of sections for chapter 
     57 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5724c the following:

``Sec. 5724d. Transportation and moving expenses for immediate family 
              of certain deceased Federal employees.''.
                                 ______
                                 
  SA 4044. Mr. DODD (for Mr. Lieberman) proposed an amendment to the 
bill H.R. 2711, to amend title 5, United States Code, to provide for 
the transportation and moving expenses for the immediate family of 
certain Federal employees who die in the performance of their duties; 
as follows:

       Amend the title so as to read: ``An Act to amend title 5, 
     United States Code, to provide for the transportation and 
     moving expenses for the immediate family of certain Federal 
     employees who die in the performance of their duties.''.
                                 ______
                                 
  SA 4045. Ms. STABENOW (for herself, Mr. Hatch, Mr. Bennett, and Mr. 
Levin) submitted an amendment intended to be proposed to amendment SA 
3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) 
to the bill S. 3217, to promote the financial stability of the United 
States by improving accountability and transparency in the financial 
system, to end ``too big to fail'', to protect the American taxpayer by 
ending bailouts, to protect consumers from abusive financial services 
practices, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 431, strike lines 14 through 20 and insert the 
     following:
       (ii) results from--

       (I) the merger or whole acquisition of a commercial firm 
     that directly or indirectly controls the industrial bank, 
     credit card bank, or trust bank in a bona fide merger with or 
     acquisition by another commercial firm, as determined by the 
     appropriate Federal banking agency; or
       (II) an acquisition of voting shares in a publicly traded 
     holding company of a industrial bank if, after the 
     acquisition, the acquiring shareholder (or group of 
     shareholders acting in concert)--

       (aa) holds less than 25 percent of the voting shares of the 
     company; and
       (bb) has obtained all regulatory approvals required for 
     such change of control under section 7(j) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1817(j)) and any applicable 
     State law.
                                 ______
                                 
  SA 4046. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and 
Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability 
of the United States by improving accountability and transparency in 
the financial system, to end ``too big to fail'', to protect the 
American taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 749, line 17 strike all through page 752, line 11, 
     and insert the following:
       ``(2) Prohibition of disclosure of identity.--
       ``(A) In general.--Except as provided in paragraph (B) of 
     this subsection, or with the written consent of the 
     whistleblower, the Commission may not disclose the name, 
     identity or identifying information about the whistleblower 
     who has provided information to the Commission.
       ``(B) Notice and applicability to other government agencies 
     and foreign authorities.--Whenever the Commission makes a 
     disclosure to other agencies and foreign authorities, it 
     shall provide reasonable advance notice to the whistleblower 
     if disclosure of that person's identity or identifying 
     information is to occur. Any entity that receives such as 
     disclosure shall protect the whistleblower's confidentiality 
     in accordance with this subsection.

[[Page 8288]]


                                 ______
                                 
  SA 4047. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and 
Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability 
of the United States by improving accountability and transparency in 
the financial system, to end ``too big to fail'', to protect the 
American taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 990, line 7, strike all through page 993, line 7, 
     and insert the following:
       ``(2) Prohibition of disclosure of identity.--
       ``(A) In general.--Except as provided in paragraph (B), or 
     with the written consent of the whistleblower, the Commission 
     may not disclose the name, identity or identifying 
     information about the whistleblower who has provided 
     information to the Commission.
       ``(B) Notice and applicability to other government agencies 
     and foreign authorities.--Whenever the Commission makes a 
     disclosure to other agencies and foreign authorities, it 
     shall provide reasonable advance notice to the whistleblower 
     if disclosure of that person's identity or identifying 
     information is to occur. Any entity that receives such as 
     disclosure shall protect the whistleblower's confidentiality 
     in accordance with this subsection.

                          ____________________




        SPECIAL AGENT SAMUEL HICKS FAMILIES OF FALLEN HEROES ACT

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 234, H.R. 2711.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The bill clerk read as follows:

       A bill (H.R. 2711) to amend title 5, United States Code, to 
     provide for the transportation of the dependents, remains, 
     and effects of certain Federal employees who die while 
     performing official duties or as a result of the performance 
     of official duties.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments; as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                               H.R. 2711

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION OF DEPENDENTS, REMAINS, AND EFFECTS OF 
                   CERTAIN FEDERAL EMPLOYEES.

       (a) In General.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5724c the following:

     ``Sec. 5724d. Transportation of dependents, remains, and 
       effects of certain Federal employees

       ``(a) In General.--Under regulations prescribed under 
     section 5738 and when the head of the agency concerned (or a 
     designee thereof) authorizes or approves, if a covered 
     employee dies while performing official duties or as a result 
     of the performance of official duties, the agency may pay 
     from Government funds--
       ``(1) the qualified expenses of the immediate family of the 
     employee, if the place where the family will reside following 
     the death of the employee is--
       ``(A) different from the place where the family resided at 
     the time of the employee's death; and
       ``(B) within the United States; and
       ``(2) the expenses of preparing and transporting the 
     remains of the deceased to--
       ``(A) the place where the immediate family will reside 
     following the death of the employee; or
       ``(B) such other place, appropriate for interment, as is 
     determined by the agency head (or designee).
       ``(b) Qualified Expenses.--For purposes of this section, 
     the term `qualified expenses', as used with respect to a 
     family changing its place of residence, means the moving 
     expenses, transportation expenses, and relocation expenses of 
     the family which are attributable to the change in place of 
     residence.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means--
       ``(A) a law enforcement officer, as defined [by] in section 
     5541; [and]
       ``(B) any employee in or under the Federal Bureau of 
     Investigation who is not described in subparagraph (A); and
       ``(C) a customs and border protection officer, as defined 
     in section 8331(31);
       ``(2) the term `moving expenses', as used with respect to a 
     family, includes the expenses of transporting, packing, 
     crating, temporarily storing, draying, and unpacking the 
     household goods and personal effects of such family, not in 
     excess of 18,000 pounds net weight; and
       ``(3) the term `relocation expenses' has the meaning given 
     such term under regulations prescribed under section 5738, 
     including relocation expenses and relocation services 
     described in sections 5724a and 5724c, respectively.''.
       (b) Clerical Amendment.--The analysis for chapter 57 of 
     title 5, United States Code, is amended by inserting after 
     the item relating to section 5724c the following:

``5724d. Transportation of dependents, remains, and effects of certain 
              Federal employees.''.

  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendments be withdrawn, that a Lieberman substitute 
amendment, which is at the desk, be agreed to, the bill, as amended, be 
read a third time and passed; that a title amendment, which is at the 
desk, be agreed to, the motions to reconsider be laid upon the table, 
with no intervening action or debate, and any statements related to the 
bill be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 4043) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE 
                   FAMILY OF CERTAIN DECEASED FEDERAL EMPLOYEES.

       (a) In General.--Subchapter II of chapter 57 of title 5, 
     United States Code, is amended by inserting after section 
     5724c the following:

     ``Sec. 5724d. Transportation and moving expenses for 
       immediate family of certain deceased Federal employees

       ``(a) In General.--Under regulations prescribed by the 
     President, the head of the agency concerned (or a designee) 
     may determine that a covered employee died as a result of 
     personal injury sustained while in the performance of the 
     employee's duty and authorize or approve the payment by the 
     agency, from Government funds, of--
       ``(1) any qualified expense of the immediate family of the 
     covered employee attributable to a change in their place of 
     residence, if the place where the immediate family will 
     reside following the death of the employee is--
       ``(A) different from the place where the immediate family 
     resided at the time of the employee's death; and
       ``(B) within the United States; and
       ``(2) any expense of preparing and transporting the remains 
     of the deceased to--
       ``(A) the place where the immediate family will reside 
     following the death of the employee; or
       ``(B) such other place appropriate for interment as is 
     determined by the agency head (or designee).
       ``(b) No Duplicate Payment of Expenses.--No expenses may be 
     paid under this section if those expenses are paid from 
     Government funds under section 5742 or any other authority.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means--
       ``(A) a law enforcement officer, as defined in section 
     5541;
       ``(B) any employee in or under the Federal Bureau of 
     Investigation who is not described in subparagraph (A); and
       ``(C) a customs and border protection officer, as defined 
     in section 8331(31); and
       ``(2) the term `qualified expense', as used with respect to 
     an immediate family changing its place of residence, means 
     the transportation expenses of the immediate family, the 
     expenses of moving (including transporting, packing, crating, 
     temporarily storing, draying, and unpacking) the household 
     goods and personal effects of such immediate family, not in 
     excess of 18,000 pounds net weight, and, when authorized or 
     approved by the agency head (or designee), the transportation 
     of 1 privately owned motor vehicle.''.
       (b) No Relevance as to Compensation Claims.--No 
     determination made under section 5724d of title 5, United 
     States Code, shall be deemed relevant to or be considered in 
     connection with any claim for compensation under chapter 81 
     of that title or under any other law under which compensation 
     may be provided on account of death or personal injury, nor 
     shall any determination made with respect to any such claim 
     be deemed relevant to or be considered in connection with any 
     request for payment of expenses under such section 5724d.
       (c) Clerical Amendment.--The table of sections for chapter 
     57 of title 5, United

[[Page 8289]]

     States Code, is amended by inserting after the item relating 
     to section 5724c the following:

``Sec. 5724d. Transportation and moving expenses for immediate family 
              of certain deceased Federal employees.''.

  The amendment (No. 4044) was agreed to, as follows:

       Amend the title so as to read: ``An Act to amend title 5, 
     United States Code, to provide for the transportation and 
     moving expenses for the immediate family of certain Federal 
     employees who die in the performance of their duties.''.

  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 2711), as amended, was passed.

                          ____________________




                    RV CENTENNIAL CELEBRATION MONTH

  Mr. DODD. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. Res. 410 and 
the Senate proceed to its immediate consideration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the resolution by title.
  The bill clerk read as follows:

       A resolution (S. Res. 410) supporting and recognizing the 
     goals and ideals of ``RV Centennial Celebration Month'' to 
     commemorate 100 years of enjoyment of recreation vehicles in 
     the United States.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DODD. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motions to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements related to the resolution be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolution (S. Res. 410) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 410

       Whereas 1910 marks the first year of mass-produced, 
     manufactured, motorized campers and camping trailers;
       Whereas 1 in 12 households in the United States own a 
     recreation vehicle (referred to in this preamble as an 
     ``RV''), and over 30,000,000 RV enthusiasts take part in this 
     affordable and environmentally friendly form of vacationing;
       Whereas RV vacations allow families in the United States to 
     build stronger relationships, explore the great outdoors, and 
     take part in healthy activities;
       Whereas this homegrown industry, including RV 
     manufacturers, suppliers, dealers, and campgrounds, employs 
     hundreds of thousands of people in good-paying jobs across 
     all 50 States;
       Whereas traveling in an RV offers the freedom, comfort, and 
     flexibility to see all parts of the United States, from 
     historic landmarks and National Parks to local campgrounds 
     and sporting events; and
       Whereas the 100th anniversary of the introduction of the RV 
     into the marketplace in the United States will be celebrated 
     June 7, 2010, at the RV/MH Hall of Fame in Elkhart, Indiana: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) supports and recognizes the goals and ideals of ``RV 
     Centennial Celebration Month'' to commemorate 100 years of 
     enjoyment of recreation vehicles in the United States; and
       (2) encourages the people of the United States to celebrate 
     this anniversary by taking part in recreation vehicle 
     vacations.

                          ____________________




     COMMEMORATING WASHINGTON STATE FALLEN LAW ENFORCEMENT OFFICERS

  Mr. DODD. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. Res. 521 and 
the Senate proceed to its immediate consideration.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the resolution by title.
  The bill clerk read as follows:

       A resolution (S. Res. 521) commemorating and celebrating 
     the lives of Deputy Sheriff Stephen Michael Gallagher, Jr., 
     Officer Timothy Q. Brenton, Officer Tina G. Griswold, Officer 
     Ronald Wilbur Owens II, Sergeant Mark Joseph Renninger, 
     Officer Gregory James Richards, and Deputy Sheriff Walter 
     Kent Mundell, Jr. who gave their lives in the service of the 
     people of Washington State in 2009.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DODD. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motions to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements relating to the resolution be placed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolution (S. Res. 521) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 521

       Whereas law enforcement officers throughout Washington 
     State conduct themselves in a manner that supports, 
     maintains, and defends the Constitution of the United States 
     and the Constitution of the State of Washington;
       Whereas law enforcement officers throughout the Nation and 
     in Washington State risk their own lives to protect the lives 
     of others;
       Whereas since 1791, 20,146 law enforcement officers were 
     killed in the line of duty in the United States and 270 of 
     these officers served the people of Washington State;
       Whereas in 2009, 126 law enforcement officers were killed 
     in the line of duty in the United States;
       Whereas in 2009, Deputy Sheriff Stephen Michael Gallagher, 
     Jr., of the Lewis County Sheriff's Office, Officer Timothy Q. 
     Brenton of the Seattle Police Department, Officer Tina G. 
     Griswold of the Lakewood Police Department, Officer Ronald 
     Wilbur Owens II of the Lakewood Police Department, Sergeant 
     Mark Joseph Renninger of the Lakewood Police Department, 
     Officer Gregory James Richards of the Lakewood Police 
     Department, and Deputy Sheriff Walter Kent Mundell, Jr., of 
     the Pierce County Sheriff's Department gave their lives in 
     the service of the people of Washington State;
       Whereas the family members and friends of Deputy Sheriff 
     Stephen Michael Gallagher, Jr., Officer Timothy Q. Brenton, 
     Officer Tina G. Griswold, Officer Ronald Wilbur Owens II, 
     Sergeant Mark Joseph Renninger, Officer Gregory James 
     Richards, and Deputy Sheriff Walter Kent Mundell, Jr., bear 
     the most immediate and profound burden of the absence of 
     their loved ones; and
       Whereas National Police Week is observed during the week of 
     May 9, 2010, to May 15, 2010, and is the most appropriate 
     time to honor the Washington State law enforcement officers 
     who sacrificed their lives in service to their State and 
     Nation: Now, therefore, be it
       Resolved, That the Senate--
       (1) extends its condolences to the families and loved ones 
     of Deputy Sheriff Stephen Michael Gallagher, Jr., Officer 
     Timothy Q. Brenton, Officer Tina G. Griswold, Officer Ronald 
     Wilbur Owens II, Sergeant Mark Joseph Renninger, Officer 
     Gregory James Richards, and Deputy Sheriff Walter Kent 
     Mundell, Jr.; and
       (2) stands in solidarity with the people of Washington 
     State as they celebrate the lives and mourn the loss of these 
     remarkable and selfless heroes who represented the best of 
     their community and whose memory will serve as an inspiration 
     for future generations.

                          ____________________




                    NATIONAL SEARCH AND RESCUE WEEK

                                 ______
                                 

                NATIONAL CHILDHOOD STROKE AWARENESS WEEK

                                 ______
                                 

                       NATIONAL MPS AWARENESS DAY

                                 ______
                                 

    CELEBRATING THE LIFE AND ACHIEVEMENTS OF LENA MARY CALHOUN HORNE

                                 ______
                                 

                   NATIONAL WOMEN'S HEALTH WEEK 2010

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed en bloc to the consideration of the following Senate 
resolutions: S. Res. 526; S. Res. 527; S. Res. 528; S. Res. 529; and S. 
Res. 530.
  There being no objection, the Senate proceeded to consider the 
resolutions en bloc.


                    National Search and Rescue Week

  Ms. CANTWELL. Mr. President, I rise today to speak about a resolution

[[Page 8290]]

to honor our Nation's search and rescue personnel by designating May 16 
through May 22, 2010, as National Search and Rescue Week.
  As many of my colleagues know, I am an avid hiker and mountaineer. 
Over the years, I have scaled several of Washington State's majestic 
peaks and hiked many of our backcountry trails. Whenever I load my pack 
for another trip--whether for a day hike or a trip up Mt. Rainier--I, 
like all people who enjoy the great outdoors, take steps to prepare 
myself and minimize my risk. I bring my essential gear, extra food and 
water, and make sure someone knows my trip plan. But no amount of 
preparation can protect you from a misstep or unforeseen circumstance.
  In such instances, it is often the swift response of trained search 
and rescue personnel that makes the difference between tragedy and 
survival. These heroes come from a broad range of agencies and 
organizations, including sheriff offices, police departments, national 
and State parks, private corporations, and all branches of the 
military, including the U.S. Coast Guard. All of them--whether 
volunteer or salaried, military or civilian--exemplify courage, 
commitment, and compassion in performing their duties.
  Whether it is an accident in the wilderness or a natural disaster in 
a major city, search and rescue personnel are always ready to respond. 
All across our country, when people find themselves in danger, they can 
be thankful for the bravery and willingness to serve exhibited by these 
dedicated individuals.
  Every day, men, women, pack animals, and search dogs put themselves 
in harm's way to ensure the safety and security of citizens in need. 
Their territory knows no bounds. Wherever the mission is, they go, 
sometimes for weeks at a time.
  Search and rescue teams are relentless in their training. They go to 
great lengths to ensure they are physically and mentally fit and well 
versed in the newest search and rescue techniques. This preparation 
enables them to approach complex search and rescue situations with 
confidence and skill.
  Their selfless dedication does not stop at our Nation's borders. 
Civilian search and rescue teams are ready at a moment's notice to 
respond to international disasters, too, including the recent 
earthquake in Haiti and the tsunami in Indonesia. By extending their 
reach around the globe to wherever there is need, search and rescue 
personnel have saved lives, reunited families, and boosted America's 
reputation abroad.
  In the simplest terms, search and rescue personnel take great 
personal risks to come to the aid of others. Carrying out their mission 
often demands great personal discipline and sacrifice, and some even 
pay the ultimate price. This selfless commitment to others is embodied 
in the Search and Rescue motto: ``So that others may live.''
  I ask my colleagues to stand with me today to honor the members of 
the search and rescue community across our Nation. Their dedication to 
saving the lives of citizens who are lost or injured does not waver, 
and neither should we in adopting this small act of recognition for 
their heroic efforts.

  Mr. DODD. Mr. President, I ask unanimous consent that the resolutions 
be agreed to en bloc, the preambles be agreed to, the motions to 
reconsider be laid upon the table en bloc, and that any statements 
related to the resolutions be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolutions (S. Res. 526, S. Res. 527, S. Res. 528, S. Res. 529, 
and S. Res. 530) were agreed to, en bloc.
  The preambles were agreed to.
  The resolutions, with their preambles, read as follows:

                              S. Res. 526

       Whereas the National Association for Search and Rescue and 
     local search and rescue units across the United States have 
     designated May 16 through May 22, 2010, as ``National Search 
     and Rescue Week'';
       Whereas the Senate recognizes the importance of search and 
     rescue services that are provided by both salaried and 
     volunteer citizens through county sheriff offices and 
     military entities;
       Whereas throughout the history of the United States, search 
     and rescue personnel have served the people of this Nation by 
     helping to save the lives of fellow citizens who are lost or 
     injured;
       Whereas search and rescue personnel continually offer 
     educational services that provide individuals with the 
     survival knowledge necessary to live safely in diverse 
     environments, from mountains to deserts and across both the 
     urban and remote areas of this Nation;
       Whereas search and rescue personnel train continually in 
     order to maintain mission readiness and to be able to address 
     complex search and rescue situations with both knowledge and 
     skill;
       Whereas search and rescue personnel are instrumental during 
     national emergencies or natural disasters, as they are 
     willing and able to respond and remain on missions for many 
     weeks;
       Whereas search and rescue personnel are required to be 
     focused and dedicated in order to carry out missions that 
     involve personal sacrifice of time, finance, and property, 
     and place their own lives in danger;
       Whereas in the United States, more than 500 individuals 
     have sacrificed their lives during search and rescue missions 
     or training; and
       Whereas search and rescue personnel shall always be 
     recognized as essential to protecting the lives of the 
     citizens of this Nation: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates May 16 through May 22, 2010, as ``National 
     Search and Rescue Week''; and
       (2) encourages the people of the United States to observe 
     this week with appropriate ceremonies and activities that 
     promote awareness and appreciation of the role that search 
     and rescue personnel perform in their communities so ``that 
     others may live''.

                              S. Res. 527

       Whereas a stroke, also known as a cerebrovascular accident, 
     is an acute neurologic injury that occurs when the blood 
     supply to a part of the brain is interrupted by a clot in the 
     artery or a burst of the artery;
       Whereas a stroke is a medical emergency that can cause 
     permanent neurologic damage or even death if not promptly 
     diagnosed and treated;
       Whereas 1 out of every 4,000 live births, and 11 out of 
     every 100,000 children overall, have a stroke each year;
       Whereas an individual can have a stroke before birth;
       Whereas a stroke is among the top 10 causes of death for 
     children in the United States;
       Whereas 20 to 40 percent of children who experience a 
     stroke die as a result;
       Whereas stroke may recur in 20 percent of children;
       Whereas the average time from onset of symptoms to 
     diagnosis of a child having had a stroke is 72 hours;
       Whereas no medication has been Federally approved for 
     pediatric stroke treatment;
       Whereas many children who experience a stroke will suffer 
     serious, long-term neurological disabilities, including 
     hemiplegia (which is paralysis of 1 side of the body) 
     seizures, speech and vision problems, and learning 
     difficulties;
       Whereas such disabilities may require ongoing physical, 
     occupational, and speech therapies, as well as surgeries;
       Whereas the permanent health concerns and treatments 
     resulting from strokes that occur during childhood and young 
     adulthood have a considerable impact on children, families, 
     and society;
       Whereas very little is known about the cause, treatment, 
     and prevention of childhood stroke;
       Whereas medical research is the only means by which the 
     people of the United States can identify and develop 
     effective treatment and prevention strategies for childhood 
     stroke;
       Whereas early diagnosis and treatment of childhood stroke 
     greatly improves the chances that the affected child will 
     recover and not experience a recurrence; and
       Whereas the Pediatric Stroke Network, Inc. should be 
     commended for being the first online support group for 
     families affected by pediatric stroke to be registered with 
     the American Heart Association and for the ongoing 
     legislative and awareness endeavors of the group: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) supports the designation of an appropriate date as 
     ``National Childhood Stroke Awareness Day''; and
       (2) urges the people of the United States to support the 
     efforts, programs, services, and advocacy of organizations 
     that work to enhance public awareness of childhood stroke.

                              S. Res. 528

       Whereas mucopolysaccharidosis (referred to in this 
     resolution as ``MPS'') are a group of genetically determined 
     lysosomal storage diseases that render the human body 
     incapable of producing certain enzymes needed to break down 
     complex carbohydrates;
       Whereas MPS diseases cause complex carbohydrates to be 
     stored in almost every cell in the body and progressively 
     cause cellular damage;
       Whereas the cellular damage caused by MPS--
       (1) adversely affects the human body by damaging the heart, 
     respiratory system,

[[Page 8291]]

     bones, internal organs, and central nervous system; and
       (2) often results in mental retardation, short stature, 
     corneal damage, joint stiffness, loss of mobility, speech and 
     hearing impairment, heart disease, hyperactivity, chronic 
     respiratory problems, and, most importantly, a drastically 
     shortened life span;
       Whereas symptoms of MPS are usually not apparent at birth;
       Whereas, without treatment, the life expectancy of an 
     individual afflicted with MPS begins to decrease at a very 
     early stage in the life of the individual;
       Whereas research has resulted in the development of limited 
     treatments for some MPS diseases;
       Whereas promising advancements in the pursuit of treatments 
     for additional MPS diseases are underway as of the date of 
     agreement to this resolution;
       Whereas, despite the creation of new remedies, the blood-
     brain barrier continues to be a significant impediment to 
     effectively treating the brain, which prevents the treatment 
     of many of the symptoms of MPS;
       Whereas treatments for MPS will be greatly enhanced with 
     continued public funding;
       Whereas the quality of life of the individuals afflicted 
     with MPS, and the treatments available to those individuals, 
     will be enhanced through the development of early detection 
     techniques and early intervention;
       Whereas treatments and research advancements for MPS are 
     limited by a lack of awareness about MPS diseases;
       Whereas the lack of awareness about MPS diseases extends to 
     individuals within the medical community;
       Whereas the cellular damage that is caused by MPS makes MPS 
     a model for the study of many other degenerative genetic 
     diseases;
       Whereas the development of effective therapies and a 
     potential cure for MPS diseases can be accomplished by 
     increased awareness, research, data collection, and 
     information distribution; and
       Whereas the Senate is an institution that has the ability--
       (1) to raise public awareness about MPS; and
       (2) to encourage and facilitate increased public and 
     private sector research for the early diagnosis and treatment 
     of MPS diseases: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates May 15, 2010, as ``National MPS Awareness 
     Day''; and
       (2) supports the goals and ideals of ``National MPS 
     Awareness Day''.

                              S. Res. 529

       Whereas Lena Mary Calhoun Horne was a trail-blazing 
     performing artist whose life exemplified her commitment to 
     social justice, peace, and civil rights;
       Whereas Ms. Horne was born in Brooklyn, New York on June 
     30, 1917, and joined the chorus of the famed Cotton Club in 
     Harlem at the age of 16 and debuted on Broadway one year 
     later in the musical ``Dance With Your Gods'' (1934);
       Whereas during the 1940s, Ms. Horne was one of the first 
     African American women to perform with a white band ensemble, 
     the first black performer to play the Copacabana nightclub, 
     and among the first African Americans to sign a long-term 
     Hollywood film studio contract, garnering her roles in a host 
     of films, including ``Thousands Cheer'' (1943), ``Broadway 
     Rhythm'' (1944), ``Two Girls and a Sailor'' (1944), and 
     ``Ziegfeld Follies'' (1946);
       Whereas her rendition of the title song to the 1943 film 
     ``Stormy Weather'' became a major hit and among her signature 
     pieces, which also included ``Deed I Do'', ``As Long As I 
     Live'', and Cole Porter's ``Just One of Those Things'';
       Whereas Ms. Horne recorded prolifically into the 1990s and 
     the record ``Lena Horne at the Waldorf-Astoria'' became the 
     best-selling album by a female singer in RCA Victor's 
     history;
       Whereas Ms. Horne earned four Grammy Awards during the 
     course of her career, including the Recording Academy's 
     Lifetime Achievement Award in 1989, a National Association 
     for the Advancement of Colored People Image Award in 1999, 
     and a Kennedy Center Honor in 1984;
       Whereas Ms. Horne appeared extensively on television, 
     including specials with Harry Belafonte, Tony Bennett, 
     numerous musical reviews and variety shows, and appearances 
     on programs like ``Sesame Street'' and ``The Cosby Show'';
       Whereas she was nominated for her first Tony Award in 1957 
     for her role in the musical ``Jamaica'', and her 1981 one-
     woman Broadway show, ``Lena Horne: The Lady and Her Music'', 
     earned her a Tony Award, a Grammy Award, and ran for more 
     than 300 performances;
       Whereas despite Ms. Horne's pioneering contract with MGM 
     studios, she was never featured in a leading role during the 
     1940s and 50s because her films had to be reedited for 
     theaters in Southern States that proscribed films with black 
     performers;
       Whereas Ms. Horne was outspoken in her fight for racial 
     equality;
       Whereas during World War II, she used her own money to 
     travel and entertain the troops;
       Whereas while Ms. Horne performed at Army camps for the 
     U.S.O., she became an outspoken critic of the treatment of 
     African American servicemen and refused to sing before 
     segregated audiences and at venues in which German Prisoners 
     of War were seated in front of black soldiers;
       Whereas during the late 1940s, Ms. Horne sued a number of 
     restaurants and theaters for racial discrimination;
       Whereas Ms. Horne was only two years old when her 
     grandmother, suffragette, and civil rights activist Cora 
     Calhoun enrolled her as a member of the National Association 
     for the Advancement of Colored People, and she was an 
     honorary member of the Delta Sigma Theta sorority and worked 
     for years with the Urban League;
       Whereas she participated in numerous civil rights rallies 
     and demonstrations - marching with Medgar Evers in 
     Mississippi, performing at rallies throughout the Nation for 
     the National Council of Negro Women, and taking part in the 
     March on Washington in August 1963 at which the Rev. Martin 
     Luther King, Jr., delivered his ``I Have a Dream'' speech;
       Whereas her commitment to civil rights and political views 
     may have resulted in her appearance on Hollywood 
     ``blacklists'' during the 1950s;
       Whereas Ms. Horne worked with Eleanor Roosevelt to pass 
     antilynching legislation;
       Whereas with her wide musical range and consummate 
     professionalism, she rose beyond Hollywood's stereotypical 
     portrayals of African American as maids, butlers, and African 
     natives; and
       Whereas her poise, grace, and courage paved the way for 
     generations of women and African Americans: Now, therefore, 
     be it
       Resolved, That the Senate celebrates the life and 
     achievements of Lena Mary Calhoun Horne and honors her for 
     her triumphs against racial discrimination and her steadfast 
     commitment to the civil rights of all people.

                              S. Res. 530

       Whereas women of all backgrounds should be encouraged to 
     greatly reduce their risk of common diseases through 
     preventive measures such as a healthy lifestyle, by engaging 
     in regular physical activity, eating a nutritious diet, and 
     visiting a healthcare provider to receive regular check-ups, 
     and preventative screenings;
       Whereas significant disparities exist in the prevalence of 
     disease among women of different backgrounds, including women 
     with disabilities, African American women, Asian and Pacific 
     Islander women, Latinas, and American Indian and Alaska 
     Native women;
       Whereas healthy habits should begin at a young age;
       Whereas it is important to educate women and girls about 
     the significance of awareness of key female health issues;
       Whereas it is recognized that the offices of women's health 
     within the Department of Health and Human Services, the Food 
     and Drug Administration, the Centers for Disease Control and 
     Prevention, the Health Resources and Services Administration, 
     the National Institutes of Health, and the Agency for 
     Healthcare Research and Quality are vital to providing 
     critical services in supporting women's health research, 
     education, and other necessary services that benefit women of 
     any age, race, or ethnicity;
       Whereas annually, National Women's Health Week begins on 
     Mother's Day and celebrates the efforts of national and 
     community organizations working with partners and volunteers 
     to improve awareness of key women's health issues; and
       Whereas in 2010, the week of May 9 through May 15 is 
     dedicated as ``National Women's Health Week 2010'': Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) recognizes the importance of preventing diseases that 
     commonly affect women;
       (2) supports the goals and ideals of ``National Women's 
     Health Week 2010'';
       (3) calls on the people of the United States to use the 
     start of ``National Women's Health Week 2010'', on May 9, 
     2010, as an opportunity to learn about health issues that 
     face women;
       (4) calls on the women of the United States to observe 
     National Women's Check-Up Day by receiving preventive 
     screenings from their health care providers; and
       (5) recognizes the importance of federally funded programs 
     that provide research and collect data on common diseases in 
     women.

                          ____________________




                    ORDER FOR RECORD TO REMAIN OPEN

  Mr. DODD. Mr. President, I ask unanimous consent that notwithstanding 
the adjournment of the Senate, the Record remain open until 1:30 p.m. 
today for the introduction of bills, statements, resolutions, and the 
addition of cosponsors.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                    ORDERS FOR MONDAY, MAY 17, 2010

  Mr. DODD. Mr. President, I ask unanimous consent that when the Senate

[[Page 8292]]

completes its business today, it adjourn until 2 p.m. Monday, May 17; 
that following the prayer and pledge, the Journal of proceedings be 
approved to date, the morning hour be deemed to have expired, the time 
for the two leaders be reserved for their use later in the day, and the 
Senate proceed to a period of morning business until 3 p.m., with 
Senators permitted to speak therein for up to 10 minutes each; that 
following morning business, the Senate resume consideration of S. 3217, 
the Wall Street reform bill.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                                PROGRAM

  Mr. DODD. Mr. President, Senators should expect several votes in 
relation to amendments to the Wall Street reform bill beginning at 5:30 
p.m. on Monday.

                          ____________________




           ADJOURNMENT UNTIL MONDAY, MAY 17, 2010, AT 2 P.M.

  Mr. DODD. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that it adjourn under the 
previous order.
  There being no objection, the Senate, at 11:43 a.m., adjourned until 
Monday, May 17, 2010, at 2 p.m.





[[Page 8293]]

                          EXTENSIONS OF REMARKS

                  RECOGNIZING HILEX POLY COMPANY, LLC

                                 ______
                                 

                            HON. SAM JOHNSON

                                of texas

                    in the house of representatives

                          Friday, May 14, 2010

  Mr. SAM JOHNSON of Texas. Madam Speaker, I stand before the House 
today to congratulate the Garland, Texas branch of Hilex Poly Company, 
LLC on the occasion of its tenth anniversary.
  Hilex Poly, the world's largest manufacturer of plastic bags, boasts 
ten manufacturing plants in eight states, including three in North 
Texas. The company's Texas facilities employ 235 full-time associates 
and produce everything from yellow caution tape for first responders to 
plastic wrap for Dallas Morning News deliveries.
  Founded as Sonoco Products Company in 1980, Hilex Poly has expanded 
from a small producer of the grocery sack-style ``t-shirt'' bag to an 
innovative leader in its field. A Hilex product can be found in nearly 
every household and business in the country, whether it's the GLAD 
Press'n Seal wrap keeping your leftovers fresh or the umbrella bag at 
the entrance to your office building.
  The inventive and environmentally-conscious company not only produces 
more plastic bags and films than any other firm worldwide, but also 
leads its industry in recycling. Through its ``Bag 2 Bag'' and ``Grey 
is the new Green'' programs, Hilex has created a new standard for the 
reuse of grocery sacks and other plastic bags.
  Leading by example, Hilex has influenced other plastic manufacturers 
to produce more grey, high recycled-content bags and lends its own 
state of the art recycling plant toward the achievement of that goal. 
The company's eco-friendly measures have also earned recognition 
through the United States Environmental Protection Agency's WasteWise 
program.
  For its standard of excellence in business, creation of ecological 
solutions, and ten years of top-notch production in the Third 
Congressional District of Texas, it is my pleasure to congratulate 
Hilex Poly Company, LLC. I salute you!

                          ____________________




                          HONORING SUSAN JONES

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                          Friday, May 14, 2010

  Mr. THOMPSON of California. Madam Speaker, I rise today to recognize 
Susan Jones, who is retiring after serving 31 years in California law 
enforcement, the last 8 of which have been as the Chief of the 
Healdsburg Police Department.
  Chief Jones has always been a trail blazer. She was one of the first 
sworn female police officers in the State, serving first as a Deputy 
Sheriff in Kern County upon her discharge from the United States Air 
Force. She was with the Concord Police Department for 17 years, 
achieving the rank of Lieutenant and serving as district commander. 
From there she assumed the chief's position in Healdsburg, at that time 
only the fifth woman in the State to become a police chief and the 
first female police chief in Sonoma County.
  Chief Jones brought community-oriented policing and a problem-solving 
philosophy to Healdsburg. She adopted a geographic based team policing 
policy that greatly reduced crime in problem areas in the city.
  She helped diversify the force by hiring more women and minorities so 
that the department more closely reflected the community.
  During her tenure, she also developed a downtown foot patrol, school 
resource officers, an after school program and the police K9 program.
  As a result of her programs, crime was reduced from 12 to 20 percent 
in all categories in Healdsburg.
  She has served on the board of directors for the California Police 
Chiefs' Association for the past 5 years, where she co-chaired the 
Women Leaders in Law Enforcement Committee and chaired the Pension 
Reform Committee and the Small Agency Committee. She has also served 
variously as president, vice president, and treasurer of the Sonoma 
County Law Enforcement Chiefs' Association during the 8 years she has 
lived in Sonoma County.
  She and her partner, Toni Lisoni, intend to remain in Healdsburg, 
where she will continue to be involved in the community. She is now 
president-elect of the Sunrise Rotary Club and will continue to play 
saxophone in the Healdsburg Community Band.
  Madam Speaker, Chief Jones has served her country in the United 
States Air Force and various communities throughout California in her 
long and distinguished career in law enforcement. It is appropriate 
that we commend her for her many years of public service and wish her 
well on her retirement.

                          ____________________




                  RECOGNIZING WILLIAM FLEWELLEN HEARD

                                 ______
                                 

                        HON. TRAVIS W. CHILDERS

                             of mississippi

                    in the house of representatives

                          Friday, May 14, 2010

  Mr. CHILDERS. Madam Speaker, I rise today to recognize a very special 
Mississippian. William Flewellen Heard of Tupelo, Mississippi, is an 
accomplished artist who has overcome adversity and has become an 
inspiration to many.
  William graduated from Tupelo High School in 1994. After high school, 
he began basic training in the Army National Guard as a Medical 
Specialist. In 1996, he enrolled at Mississippi State University 
majoring in Business and Furniture Productions.
  On March 14, 2000, William was involved in a car accident that left 
him quadriplegic. During his rehabilitation William found a love for 
art. Through his art and disability William has been able to inspire 
others who have suffered similar injuries.
  Today, William teaches an art class for people with spinal cord 
injuries and traumatic brain injuries sponsored by the Spinal Cord 
Trust Fund of Mississippi. He is a state board member for a nonprofit 
organization, LIFE of Mississippi. He is also a member of the Northeast 
Mississippi Art Association and tours church youth groups and 
elementary schools talking about his disability and art.
  In 2005, William won ``Best in Show'' at a juried exhibit at the 
Gumtree Museum of Art in Tupelo. In 2007, William won third place at 
the Gumtree Art Festival with over 100 artist's participation.
  I applaud William's achievements and I hope he will continue to guide 
others and represent Mississippi's First District. I urge my colleagues 
to join me today in recognizing William Heard for his extraordinary 
efforts and service spent mentoring young people in Mississippi.