[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Issue]
[Pages 8294-8353]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 8294]]

                      SENATE--Monday, May 17, 2010

  The Senate met at 2 p.m. and was called to order by the Honorable 
Mark R. Warner, a Senator from the Commonwealth of Virginia.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, we can't begin this day in the forward march of history 
without You. Without the power of Your providential leading, we are 
like ships without a sail. If You don't lead us, we are certain to 
stray from the right path.
  Renew our Senators with help and strength, infusing them with a 
spirit of self-sacrifice and service. Whatever may come with this day, 
O Lord, help them to live with joyful appreciation of Your guidance and 
love. When they face situations that leave them puzzled, show them what 
they should do.
  We pray in Your merciful Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Mark R. Warner 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 legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                     Washington, DC, May 17, 2010.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Mark R. Warner, a Senator from the Commonwealth of Virginia, 
     to perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

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

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following any leader remarks and morning 
business, the Senate will resume consideration of the Wall Street 
reform legislation. Today, the managers of the bill will continue to 
work toward an agreement to begin voting at 5:30 this afternoon in 
relation to several pending amendments. Senators will be notified when 
the votes are scheduled.

                          ____________________




                           WALL STREET REFORM

  Mr. REID. Mr. President, we all know how Wall Street brought our 
economy to the brink of collapse nearly 2 years ago. Our financial 
system let traders gamble away other people's money with little risk 
and large reward. The system said to big bankers: If you win, enjoy 
your jackpot. If you lose, don't worry; taxpayers will bail you out. It 
is quite a rewarding deal for Wall Street but a pretty raw deal for 
everyone else. We have seen firsthand the dangers of that arrangement. 
When the bottom collapsed, 8 million Americans lost their jobs. The 
typical family lost $100,000 in savings and home equity. The problem is 
that it is still the way the system works today, and every new day we 
don't act, we take the chance it will happen again.
  The bill empowers consumers and holds Wall Street accountable to make 
sure history never repeats itself. Ours is a strong bill. The American 
people not only overwhelmingly support this legislation, it is 
legislation they loudly demand. But it won't do anyone any good until 
we send it to the President for his signature. If there is a strategy 
of delay involved in this--and I certainly hope there isn't--I have 
said before that as soon as tonight, we could file cloture and hold a 
final vote this week. This cannot be delayed any longer.
  I appreciate the good work of so many Senators to make a tough Wall 
Street reform bill even tougher. I extend my appreciation to the 
Presiding Officer, who has been involved in a significant number of the 
amendments we have tried to work through. His experience in the 
business community has certainly strengthened the bill.
  So far, the Senate has voted for amendments to strengthen the bill 
and has voted against efforts to weaken it. Democrats and Republicans 
have voted for each other's amendments. This is the way it should be. 
However, the end must come. The time has come to begin work sending 
this to conference so we can have a bill to go to the President.
  The Senate has voted to reject loopholes for Wall Street lobbyists. 
We rejected an amendment that would leave the door open for more 
taxpayer bailouts. We denied carve-outs for those who game the system 
for their own financial gain.
  The message is clear: We must guarantee taxpayers that they will 
never again be asked to bail out big banks. We must protect families' 
life savings and seniors' pensions. We must ensure no bank can become 
too big to fail. And we must make sure the system is more transparent, 
which will let us rein in the risky bets before it is too late.
  I remind all of my colleagues that the amendment process can continue 
after cloture is filed and after it is invoked. I hope the two managers 
of this bill, Chairman Dodd and Ranking Member Shelby, can continue 
working on amendments that will strengthen these urgent and overdue 
reforms.
  Another reason we have to finish sooner rather than later is that we 
have such important work to do this month. At the top of that list is a 
new jobs bill--a jobs bill that will cut taxes for middle-class 
families and stimulate small businesses by giving small businesses tax 
cuts.
  Also, we have two supplemental appropriations bills. Senator Inouye 
and Senator Cochran are going to combine those, as the two managers of 
that legislation, so that when they come to the floor, there will only 
be one supplemental appropriations bill. They will join the FEMA 
supplemental--because of all of the natural disasters around the 
country--with the war funding bill we also need to do. We have scores 
of nominees awaiting confirmation. We hope to be able to complete some 
of that before we leave here for the recess, so I hope both sides can 
find a way to work together to get these bills done.
  I repeat: We need to finish the bill that is on the floor. We need to 
do the war funding appropriations bill that is going to be combined 
with FEMA, and of course we have to do the jobs bill before the first 
of the month.

                          ____________________




                              BP OIL SPILL

  Mr. REID. Mr. President, Wall Street isn't the only place where a 
reckless pursuit of profits has proven destructive. In the weeks since 
the Deepwater Horizon explosion, as much as 20 million gallons have 
spewed into the Gulf of Mexico. To put that so it is more 
understandable, think of the Exxon Valdez. The Exxon Valdez was an 
awful spill, but it was only 11 million--I underline that, only 11 
million--gallons. Already, the disaster in the gulf has

[[Page 8295]]

been twice that big as far as the amount of oil spilled.
  Last night's edition of ``60 Minutes'' reported damning evidence that 
the roots of this tragedy are in British Petroleum executives' efforts 
to pad their own wallets. The program was very direct and to the point. 
Their greed led to 11 horrific and unnecessary deaths. It has harmed an 
enormous tourism industry, weakened business at countless fisheries, 
and disrupted life for many along the gulf coast. As the pollution 
grows worse, those consequences will only compound.
  It is the responsibility of Congress and the administration to 
investigate this disaster, and it is the responsibility of British 
Petroleum and anyone else found culpable to pay the price of those 
damages. By law, oil companies are liable for only $75 million in 
damages in instances such as these. This is clearly insufficient. One 
way Congress can act now is by raising that limit. Some believe it 
should be raised to $10 billion. Others support no cap at all. I 
certainly think a $10 billion cap is inadequate.
  Whatever the final figure, the catastrophe that continues to poison 
our gulf coast is a wake-up call. We must make sure oil companies learn 
their lesson. While they spend record profits on finding more oil, they 
also must find safer ways to drill and to handle it. They must invest 
in rapidly developing clean domestic energy to protect our environment 
and increase our energy security.
  Secretary Salazar and the President deserve credit for their 
continued efforts to clean up the previous administration's efforts to 
put oil company profits before people.
  In the meantime, we and the Senate must also learn from the mistakes 
on Wall Street to the Gulf of Mexico. We have to work as quickly as 
possible to protect against it ever happening again.
  I note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.
  Mr. McCONNELL. 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.

                          ____________________




                       NOMINATION OF ELENA KAGAN

  Mr. McCONNELL. Mr. President, the American people are concerned with 
the direction the administration is trying to take this country. They 
are concerned about the government running banks, insurance companies, 
car companies, and the student loan business. And they are concerned 
about the way all this is being done as exemplified by the health care 
debate in which the administration and its allies in Congress defied 
the clear will of the people by jamming this partisan bill through 
Congress and stifling its critics along the way.
  On this last point, I am referring, of course, to the gag order the 
administration imposed on insurance companies that wrote letters to 
seniors telling them how the health care bill could affect their 
benefits under Medicare Advantage. In issuing this gag order, the 
administration relied on the flimsiest of legal arguments. It said that 
regulations which allowed the Department of Health and Human Services 
to restrict how companies marketed their products could be used to 
impose a prior restraint on speech about an issue of public concern--
namely, the pending health care bill. But the communications in 
question were not commercial speech; they were issue advocacy, which is 
the very type of speech the first amendment is intended to protect. 
That is why even the Clinton administration rejected the notion that 
its Department of Health and Human Services could restrict this kind of 
speech.
  Nor was this the only time the Obama administration has attempted to 
use the government to stifle speech. Just 1 month prior to its issuance 
of this gag order, I had the opportunity to sit in the Supreme Court 
when the Solicitor General delivered her first oral argument in any 
courtroom. This was the Citizens United case, the same case that 
prompted the President to scold the Court during his State of the Union 
Address in January and a case that, if it had gone the other way, could 
have dealt a serious blow to the first amendment right of free speech.
  For those who aren't familiar with the particulars of this case, 
Citizens United turned on the question of whether the Federal 
Government could ban a nonprofit corporation from producing a movie 
critical of former Senator Hillary Clinton and attempting to air it 
just prior to the 2008 Democratic primary.
  Most people would probably be surprised to learn that in America, the 
Federal Government could ban a group from speaking because of who the 
group was and because of the type of speech being uttered, but that is 
precisely what Federal campaign finance law prohibited. So because this 
law constrained the exercise of its first amendment rights, this 
nonprofit, Citizens United, sued the government. The case made it all 
the way to the Supreme Court, and because the Federal Government was 
the defendant, the Solicitor General's Office--Ms. Kagan's office--
handled the case, arguing in favor of prohibiting the advertising and 
airing of the film.
  There were two oral arguments in this case, and during both of them, 
Solicitor General Kagan's office and Ms. Kagan herself argued that the 
Federal Government had the power to regulate--and, if need be, to ban--
large amounts of political speech. Indeed, the amount of power Ms. 
Kagan and her office argued the Federal Government had in this area was 
so broad--so broad--that both liberal and conservative Justices found 
their arguments jarring, given the reverence Americans of all 
ideological stripes have for the first amendment. But that was, in 
fact, their argument.
  During the first argument, the Court asked Ms. Kagan's deputy whether 
the government had the power to ban books if they were published by a 
corporation, and if the books urged the reader to support or defeat a 
candidate for office. Incredibly, he said, yes, the government could 
ban a corporation from publishing a book--even if it only mentioned the 
candidate once in 500 pages.
  Not surprisingly, this contention prompted quite a bit of discussion 
among the Justices. They wanted to be clear that that is actually what 
Ms. Kagan's office was proposing. So, to remove any doubt about their 
position, Ms. Kagan's deputy said he wanted to make it, in his words, 
``absolutely clear'' that the government did, in fact, have the power 
to ban certain speakers from publishing books that criticized 
candidates. Justice Souter asked if that meant labor unions, too. Ms. 
Kagan's deputy said that indeed it did.
  Well, so troubled was the Court by the contention of the Solicitor 
General's office that the government had a constitutionally defensible 
ability to ban certain books by certain speakers, that it ordered 
another argument in the case. This time, Ms. Kagan herself appeared on 
behalf of the government. And this time, it was Justice Ginsburg who 
noted that at the first argument, Ms. Kagan's office argued that the 
Federal Government could, in fact, ban books, such as ``campaign 
biographies,'' despite the protections of the first amendment.
  Justice Ginsburg asked whether that was still the government's 
position. Ms. Kagan responded that after seeing the reaction of the 
Supreme Court to her office's argument, they had rethought their 
position. Ms. Kagan maintained that while the Federal law in question 
did apply to materials like ``full-length books,'' someone probably 
would have a good first amendment challenge to it.
  So far so good.
  But her fall-back position was that the same law gives the government 
the

[[Page 8296]]

power to ban pamphlets, regardless of the first amendment's protection 
for free speech. This caused the Justices to bristle again. One Justice 
asked where, in Ms. Kagan's world, does one ``draw the line''?
  First, her office says it is OK for the government to ban books if it 
doesn't like the speaker; then it says it is OK to ban pamphlets if the 
government doesn't like the pamphleteer--a proposition that would come 
as a shock to the Founders, who disseminated quite a few pamphlets 
criticizing the government of their day.
  Not surprisingly, Ms. Kagan lost the case--and in my view, it is good 
that she did.
  Now, I asked Ms. Kagan about her position in this case last week when 
we met in my office. She said she made the arguments she did because 
she had to defend the statute. And I understand that her office has to 
defend Federal law. But the client doesn't choose the argument, the 
lawyer does. And the argument Ms. Kagan and her office chose was that 
the Federal Government has the power to ban books and pamphlets. That 
was the position of the Solicitor General and her office.
  Not only was this argument troubling to those who cherish free 
speech, it likely contributed to the government's defeat. But my 
concerns about Ms. Kagan's position in this case extend farther than 
the arguments she and her office made, however troubling they are.
  Shortly after she and I met, the press reported that she had 
cowritten a memo on campaign finance restrictions when she was in the 
Clinton administration. In it, she says that ``unfortunately'' the 
Constitution stands in the way of many restrictions on spending on 
political speech, and she believes that the Supreme Court's precedents 
establishing protections from the government in this area are 
``mistaken in many cases.''
  And just last Thursday, she told one of our colleagues that the Court 
was wrong in Citizens United because it should have deferred more to 
Congress. But deferred to Congress on what? Deferred to Congress on a 
statute that is so broad that it encompasses ``full length books'' and 
``pamphlets,'' as Ms. Kagan put it, and probably to a host of other 
materials as well? One can only assume that since Ms. Kagan was making 
these comments in her individual capacity, they provide a more complete 
picture of her views about the government's ability to restrict 
political speech.
  No politician likes to be criticized in books, pamphlets, movies, 
billboards, or anywhere else, Mr. President, whether it is a President 
or a Senator.
  But there is a far more important principle at stake here than the 
convenience and comfort of public officials. And that principle is 
this: in our country, the power of government is not so broad that it 
can ban books, pamphlets, and movies just because it doesn't like the 
speaker and doesn't like the speech. No government should have that 
much deference.
  The administration has nominated one of its own to a lifetime 
position on the country's highest court. We need to be convinced that 
Ms. Kagan is committed to the principle that the first amendment is 
not, as she put it, just some ``unfortunate,'' impediment to the 
government's power to regulate. It applies to groups for whom Ms. Kagan 
and the administration might not have empathy. And it applies to speech 
they might not like.
  So as this process continues, I look forward to learning more about 
Ms. Kagan's record and beliefs in area.
  I yield the floor.

                          ____________________




                       RESERVATION OF LEADER TIME

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

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period for the transaction of morning business until 3 
p.m., with Senators permitted to speak therein for up to 10 minutes 
each.
  The Senator from Arizona.

                          ____________________




                       NOMINATION OF ELENA KAGAN

  Mr. KYL. Mr. President I, too, would like to address the Supreme 
Court nominee. I associate myself fully with the remarks of Senator 
McConnell, which raise an important point for us to consider. I will 
correct the record in a couple of situations because I think, as the 
debate unfolds, it is important for us to base our decisions on the 
same set of facts. These are not going to be particularly newsmaking or 
big surprises, but I think the record should be corrected.
  I know our majority leader, for example, misspoke the other day in 
commenting about Justice Sandra Day O'Connor because there is some 
similarity--she being the first woman ever appointed to the Supreme 
Court. I wanted to make sure the record reflected the actual situation 
with respect to Justice O'Connor.
  Leader Reid, I totally agreed with when he described her as ``one of 
my favorite Court Justices.'' He said it is ``not because she is a 
Republican but because she was a good judge.'' I subscribe to that as 
well.
  He said:

       She had run for public office. She served in the 
     legislature in Arizona. That is why she could identify with 
     many problems created by us legislators, and she could work 
     her way through that.

  For the record, I wanted to indicate her experience on the bench as a 
judge, since it is not the case that she did not have prior judicial 
experience when nominated to the Supreme Court. She was actually 
appointed to the bench by our Democratic Governor at the time, Bruce 
Babbitt. She was on the court of appeals and on the superior court 
bench before that. She served on the Maricopa County Superior Court 
bench from 1975 to 1979, and in 1979 Governor Babbitt appointed her to 
serve on the Arizona Court of Appeals. So she had extensive experience, 
from 1975 through 1981, as a judge, including in an appellate capacity.
  Prior to that time, as Leader Reid noted, she served in the Arizona 
State Legislature. In fact, she was the majority leader. She had an 
extensive legal career before that. She was a deputy county attorney. 
She was a civilian attorney. She was in the private practice of law. 
She was an assistant attorney general. Therefore, she had a very varied 
and rich experience both as a lawyer practicing law in regular 
situations in both criminal and civil context, as well as a trial court 
judge, which is great experience, I believe, and as an appellate court 
judge.
  In many respects, it is almost a perfect resume for someone to 
demonstrate broad experience and who could understand what cases are 
all about when they come from Main Street, as opposed to some of the 
more high-profile cases that tend to come before the U.S. Supreme 
Court. By every measure, I think anybody would agree that her tenure on 
the Supreme Court reflected those values and the experience that she 
had when she came to the Court.
  As I said, I know the majority leader simply misspoke when he 
suggested that she didn't have judicial experience. I did think it 
important to make that point.
  Second point: There was a statement made on TV yesterday by some 
folks who were comparing Elena Kagan and Chief Justice John Roberts; in 
effect, that John Roberts only had 2 years on the appellate court, so 
they are pretty similar. In two respects that is not correct.
  First, spending a couple a years on the court of appeals for the 
circuit court is extensive and important experience. It at least gave 
us an idea of how he approached judging. I think almost everybody in 
the Senate who voted on his confirmation understood that whatever his 
personal views were, he could clearly leave them behind and decide 
cases, as he referred to it, ``like an umpire calls the balls and 
strikes.'' That is one of the reasons he was overwhelmingly confirmed.
  I also recall that Justice Roberts' prior legal experience 
represented numerous arguments before the courts of appeals and the 
U.S. Supreme Court.

[[Page 8297]]

At the time of his confirmation, he had probably had more U.S. Supreme 
Court arguments than any other lawyer. So this was a lawyer experienced 
in appellate work and U.S. Supreme Court work.
  In contrast--and this is not to take away from Ms. Kagan--the truth 
is, I don't think she ever tried a case or argued a case to an 
appellate court. She certainly hadn't argued before the Supreme Court 
until about 6 months ago in her capacity as Solicitor General. She has 
other positions in her background. She has been a law school teacher 
and a dean of a law school. But I submit that is hardly comparable to 
the litigation experience and, particularly, the appellate experience 
John Roberts had.
  All I am suggesting is, when we make these comparisons to other 
people, we need to be accurate about it. It is taking away nothing from 
Elena Kagan, but she did not have the experience of Sandra Day O'Connor 
or John Roberts. That is something we have to deal with--something 
lacking in her record.
  One other thing--and this is personal to me because my views were 
mischaracterized. I hope this will be seen as a favorable comment 
toward Elena Kagan. It was reported today by Al Hunt that I thought 
Elena Kagan was too young for the Supreme Court. No, I don't, and I 
never said that. He was wrong when he reported that.
  I said she was relatively young for an appointment to the Supreme 
Court, and that is true. At this point, I think she is 49. She would be 
50 if she is confirmed. That is a fine age to be on the U.S. Supreme 
Court. My point was, that means, assuming her health is good--and I 
believe it is--she could have many decades on the Court. That is all 
the more reason it is important that we know her approach to judging.
  My only question about her judging has been whether she would leave 
her personal views behind as she approaches the decisions in cases that 
present two conflicting sides in adjudicating their dispute before the 
Court. It is not hard, when somebody has been an appellate court judge 
for years, to see how they approach judging and whether they can leave 
any of their personal views behind them.
  Most judges can, and that is a great thing about our system. 
Occasionally, we find a judge who has a particular conservative or 
liberal bent, and it is pretty clear they have a hard time leaving 
their political views behind and that they tend to want to figure out 
how they would like a case to come out and then rationalize a way for 
it to come out that way. Any good lawyer or judge can probably find an 
argument to support a position. But that is not the way judging should 
occur.
  My concern expressed about Elena Kagan is that there are a couple of 
things in her background that suggest that she might have a hard time 
leaving her political views behind and approaching cases, as Chief 
Justice Roberts said, as ``an umpire would call balls and strikes in a 
game.''
  Remember, he was asked whether he would favor the little guy in a 
dispute or the big guy. He said if the law was on the little guy's 
side, he would favor the little guy but, if the law was on the big 
guy's side, he would favor the big guy.
  Why is that important? We all know Lady Justice has on a blindfold, 
and there is a reason for that. The oath of office of a judge and our 
tradition in this country is for a judge to approach a case not based 
on how he wants that case to come out in his heart of hearts, not how 
he would write the law if he were a legislator but, rather, how he has 
to apply the law to the facts of that particular case.
  Occasionally, a court will even say we do not necessarily like the 
way this case has to come out, and we invite the legislature to change 
the law. In fact, the Supreme Court did that in a bill which I 
sponsored recently. I regretted the way the case came out. I do not 
think the Court had to rule the way it did. But eight of the nine 
Justices believed that Congress had gone too far in prohibiting a 
certain kind of film-making activity called crush videos where usually 
a woman with high-heeled shoes is shown crushing a small animal to 
death.
  That did not seem to me to be free speech, and it is something 
Congress could prohibit. But the Supreme Court disagreed. Eight of the 
nine Justices said: No, even though we do not necessarily like the way 
this case came out because we abhor that kind of thing, it is our view 
that the first amendment has to allow that kind of ``speech.''
  Again, I disagree that it is speech, but I admire the Justices, both 
liberal and conservative, who decided they have to apply the law even 
though the result was not something they liked, and they invited the 
Congress to fix the law, giving us a little bit of instruction as to 
how we can do that.
  I am working with colleagues in the House of Representatives to 
restructure the law so we can pass it again, overwhelmingly I am sure, 
and this time get it right within the first amendment because I do not, 
obviously, want to violate the first amendment.
  The point here is that Justices can rule in ways that force them to 
make a decision even though they do not like the way the case comes 
out. Then the legislature, if it involves a law we have passed, can fix 
it. That is the way our system is supposed to work. Rather than--and I 
much prefer that even though, in effect, I lost the case. I would much 
rather that than the Justices say: We think these crush videos are 
terrible, and even though the first amendment probably protects it, we 
are going to try to craft an argument where we can declare this law 
valid because from a public policy standpoint, we think that is a 
better result. I am pleased they ruled against my bill by saying: No, 
we cannot do that. We have to adhere to the law, as we read it.
  What I am going to be looking for in Elena Kagan is a judge who, 
despite her political views--and she has been candid about what they 
are and others have been candid as to what they are. One of her Harvard 
colleagues said her heart beats on the left. OK, I do not expect 
President Obama to appoint somebody whose heart beats on the right as 
mine does. He is going to appoint someone with his more liberal 
political views, and that is fine.
  The question is: Can she then approach cases the same way the judges 
did in the Supreme Court case I just described where even though they 
did not like the result, they felt they had to rule that way in order 
to remain consistent with their view of the first amendment.
  There have been a couple of things in which her personal view clearly 
affected her judgment as, in this case, the dean of the Harvard Law 
School. The one case everybody is familiar with is she disagreed with 
the congressional policy on don't ask, don't tell. But instead of 
having a policy that said President Clinton, who signed the bill, was 
unwelcome on the Harvard campus or the Senators and Representatives who 
had passed the bill--by the way, it was a Democratic House and Senate--
that they were not welcome on the campus, she wrote at the time 
extensively that this was a discriminatory policy of the military and 
that, therefore, the military would not be allowed on campus to 
recruit, as were all other businesses.
  Eventually, she had to change her position because the Solomon 
amendment said the university would not get any Federal funding, and 
they got about 15 percent of their funding from the Federal Government. 
They finally, after about a year, went back to the policy of allowing 
military recruiters on campus.
  In my view, she not only mischaracterized the situation by calling it 
the military's discriminatory policy, when the military is obviously 
simply following the orders of their Commander in Chief, President 
Clinton, and the law passed by the Congress, but also she discriminated 
by not criticizing or denying entry onto the campus the people who had 
passed and signed the law into effect but instead discriminated against 
the military who at the time was fighting a war. That represents a 
misjudgment on her part based on, obviously, her personal convictions. 
It interfered with the job she was supposed to be doing at the time.

[[Page 8298]]

  Would she apply that same kind of rationale when she sits on the U.S. 
Supreme Court? She obviously has strong personal views about this 
issue. How will she apply those personal views in cases of, let's say, 
``the don't ask, don't tell policy that may come before her or some 
other policy that she believed discriminated against gays or 
homosexuals. She will have to somehow find a way to demonstrate to us 
that she will not allow those personal convictions to color her 
judgment on the Court. It might be kind of hard, given it did color our 
judgment in this previous situation.
  More recently, she wrote to Members of the Senate deeply critical of 
a bill Senator Lindsey Graham and I had introduced and was eventually 
passed by the Senate and signed into law that provided a mechanism for 
dealing with the terrorists at Guantanamo Bay. We defined ``military 
combatants'' in this legislation. We provided for a determination of 
their status, for a review of that determination of status, by a direct 
appeal to the District of Columbia Circuit Court of Appeals.
  Nothing like that had ever been done, where after determination of 
status as an enemy combatant, those people would be able to go directly 
to a Federal court--and not just any Federal court, the DC Circuit 
Court of Appeals, which is one step below the Supreme Court--to have 
that determination reviewed. That was not sufficient for her. She said: 
No, this was discriminatory; that they had to have a right to appeal to 
other Federal courts any sentencing or determination of guilt, if they 
stood trial in military commissions. That has never been the law. The 
Supreme Court has never said that is the law. Yet she compared what we 
did in that bill to the discriminatory and unlawful actions of a 
dictator.
  I do not like to be called or compared to a dictator, and I can 
assure my colleagues Lindsey Graham, my colleague who was primarily 
responsible for drafting that legislation, very much had in mind the 
best way to deal with this situation from a legal standpoint, as well 
as to protect American citizens. He was not trying to enact policies 
similar to dictators'.
  In addition to the language being quite injudicious, it seems to me 
it raises questions about whether if these kinds of questions were 
posed to her in the future she could lay aside what are obviously her 
strong personal convictions about this issue.
  There are bound to be cases involving enemy combatants and others in 
this war on terror that will continue to come to the U.S. Supreme 
Court. Will she recuse herself from these cases because she has 
expressed strong personal views? That would seem to me to be 
appropriate, unless she could somehow demonstrate she can put all that 
behind her and decide these cases strictly on the law, irrespective of 
her personal prejudices.
  I hope I am not perceived by these comments to have made a judgment 
about Elena Kagan. When I voted for her confirmation as Solicitor 
General, I said I thought she was well educated, very intelligent, very 
personable, and I wanted her to have a chance to do the job as 
Solicitor General. I had hoped she would remain in the position for a 
little bit longer than a year before being nominated for a position as 
prestigious as the U.S. Supreme Court. Nonetheless, I am firmly 
committed to examining her record as thoroughly as possible and then 
making a judgment based on that entire record.
  Despite the fact I have raised two questions, I do not want that to 
be suggestive of any conclusion I have reached because I have not 
reached a conclusion. In fact, I am a little bit critical of my 
colleagues who have immediately reached a conclusion without even 
examining the record. There is something like 160,000 pages of 
documents in the Clinton Library relative to her record as a policy 
adviser in the Clinton White House. Obviously, some of her views will 
be reflected in those documents and I think it is important to see what 
they say.
  It may well be that she represents a very tempered thought that is 
pragmatic and not overly ideological and which appears to suggest that 
in the position she held, she could lay aside her personal views and 
give good advice. It is quite possible that is what those records will 
reflect. It may also reflect something different.
  Until I have the benefit of reviewing those documents and then 
talking with her personally and hearing her testify, it seems to me a 
bit premature to be making a judgment about whether she should be 
confirmed.
  Again, I wanted the opportunity to reassure all of my colleagues that 
Sandra Day O'Connor, the first woman appointed to the Supreme Court, 
did, indeed, have a good judicial experience on the bench prior to her 
nomination. That is not an absolute requirement, in my view, because 
her colleague from Arizona on the Court for a while, Chief Justice 
Rehnquist, had not had judicial experience. Every other nominee in the 
last 40 years has. He had not. Nonetheless, he had extensive experience 
of over 20 years in law practice, both in the private law practice as 
well as the Department of Justice. So he, too, had a very long record 
from which one could judge whether his personal views could be set 
aside in judging cases.
  That, at the end of the day, is the test that should apply to all 
nominees, should apply to Elena Kagan. I am sure my colleagues and I 
will have ample time to review the report, reflect on it, discuss it 
with her, and then come to our judgments as to whether she satisfies 
that judgment.
  I 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. INHOFE. 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.

                          ____________________




                             GLOBAL WARMING

  Mr. INHOFE. Mr. President, I ask unanimous consent to speak in 
morning business for such time as I may consume.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. INHOFE. Mr. President, if you have been watching the global 
warming debate lately, you will notice the supporters of cap and trade 
are getting kind of nervous. They realize the political environment for 
cap and trade couldn't be more favorable--they have a majority of 
liberals in the Senate, a majority of liberals in the House, and 
liberals in the White House. But they also realize time is running out. 
The November elections are looming, and there are a lot of people 
coming up for reelection who don't want to go back to the electorate 
and say: Look at me; aren't you proud; I voted for the largest tax 
increase in American history.
  As Senator Kerry put it, this is the last call to pass the bill, and 
that is exactly what Senator Kerry is trying to do. But he will not get 
60 votes. He will not get the support of the Democrats in the 
heartland, and he will not convince the American public they need this 
tax increase. I say this with confidence because the bill Senator Kerry 
introduced last week with Senator Lieberman is the same old cap-and-
trade scheme the Senate rejected in the McCain-Lieberman bill in 2003, 
the McCain-Lieberman bill in 2005, the Warner-Lieberman bill in 2008, 
and the Waxman-Markey bill in 2009. Let us keep in mind that cap and 
trade is cap and trade, and that is a very large tax increase.
  Don't forget that the Senate support for cap and trade over that time 
has actually dropped. If you take it from 2003 to the present time, in 
2003, they got 43 votes; in 2005, they got 38 votes; and in 2008, they 
got 48 votes. But you have to keep in mind that 10 of those were for a 
procedural vote and they said they wouldn't vote for it, so it went 
down to 38 votes at that time. So that is a far cry from the 60 that 
will be necessary.
  The Kerry-Lieberman bill is not going to pass. However, those who 
still believe in the anthropogenic catastrophic warming--which I don't, 
but even if you did believe it--should keep in mind that this wouldn't 
solve the

[[Page 8299]]

problem. What I am saying is this: There are a lot of people around--
not nearly as many as 5 or 10 years ago--who believe that anthropogenic 
gases--CO2, methane, carbon dioxide--are causing 
catastrophic global warming.
  They are still here. They still believe that. But even if you 
believed it, passing this bill would not help the situation because in 
this bill, all it applies to is the United States of America. We could 
go ahead and restrict all the CO2 we want to in the United 
States, it is not going to lower it at all.
  I have a lot of respect for the new--not too new, now she has been 
here for a while--EPA Administrator, Lisa Jackson. I appreciate her 
honesty. I asked her the question back when we had the Waxman-Markey 
bill before the U.S. Senate Committee on Environment and Public Works, 
I said to the Administrator: In the event we were to pass any of these 
cap-and-trade bills in the United States, would it have the effect of 
lowering the CO2 worldwide?
  She said no, it wouldn't. In fact--we showed a chart. I should have 
it with me down here right now. She said it would not because this only 
applies to the United States.
  I contend it would actually increase world emissions. The reason I 
say that is if we were to unilaterally do this, restrict our ability to 
build power in America, then our jobs would have to go to countries 
where the power is. Consequently, they would go to countries such as 
Mexico, China, and India, places where they do not have any meaningful 
restrictions on CO2. That would have the effect of 
increasing it, not decreasing it.
  I have a lot of respect for Lisa Jackson. I kind of abused her time 
during this oilspill. I called her many times. I know she is right on 
top of things and is doing a very good job.
  Here we go again. Look closely at the Kerry-Lieberman bill. I am sure 
you have seen it before. It is the Waxman-Markey bill. You remember 
that. It passed in the middle of the night in the House of 
Representatives. We all remember that, passing by 219 to 212. Every 
kind of deal in the world was made and nobody knew it except the vote 
finally took place and they eked it out. Democrats, 44 of them, voted 
no because they knew the cost of the bill. The Waxman-Markey bill, 
according to the National Black Chamber of Commerce, would lead to a 
net reduction of 3.6 million jobs, raise electricity rates by 48 
percent, and disproportionately affect the West, Midwest, South, and 
Great Plains, which rely heavily on fossil fuels.
  The word about Waxman-Markey spread across the country and the 
American people were listening. Citizens at townhall meetings expressed 
their outrage. They said no to a bill that would give big government 
control over how we use electricity and how we live every day of our 
lives. That is what the public would get with Kerry-Lieberman.
  They also get a gas tax or linked fee. This is Washington jargon for 
a thing like gas tax: they don't call it a gas tax, they call it a 
linked fee for transportation fuels. From what I understand, this 
linked fee is being pushed by a select group of big oil companies. That 
is right, oil companies. I said some time ago the only way they can 
somehow pass any kind of cap and trade is to somehow divide and 
conquer. In other words, go to some of the oil companies, gas 
companies, coal companies, nuclear companies, and tell them we are 
going to pick winners and losers, but guess what. You are a winner. We 
will pick you and everything is going to be wonderful. The public needs 
to know a lot of big oil companies are involved. They are pushing a tax 
they know will be paid for by consumers, the same consumers suffering 
from an economy with 10 percent unemployment. I will make myself clear: 
I stand with the consumers, and by that I mean farmers, families, 
truckers, businesses large and small in rural Oklahoma, who drive long 
distances. They don't need this tax increase now or ever.
  It is a sad thing that we have to use those tactics. Then it is even 
not all that smart, when you stop and think that has not worked before. 
They tried the same thing, to divide and conquer, before. In this case 
they brought in some of the refiners and said if you will join with us, 
this will be fine with you. You have to raise your rates, but then you 
can pass that on to the consumers. Then we pass a gas tax increase and 
those consumers will be hit twice, but you will be all right.
  That is not the way it works. The other provision is crafted and 
select business groups. Do they think a bill on cap and trade is good 
for the economy, good for your members? I don't think so.
  Don't forget what happened with Waxman-Markey; some utilities thought 
they had a deal. When the language was actually drafted, the deal made 
Waxman and Markey happy but not the utilities.
  This is interesting, because they had the great unveiling that took 
place last week but didn't have the bill language. It had an outline of 
some things but not the exact bill language. That is exactly what they 
tried to do with Waxman-Markey. This time we will insist on seeing the 
actual language.
  I remind my colleagues of a pattern here. We had the Waxman-Markey 
vote under the cover of night. We had the ``Cornhusker'' kickback, with 
the Senate health care bill. Now we have secret meetings with 
stakeholders and CEOs. There is a sense that what they are doing has 
little support with the American people. They are hiding and obscuring 
and evading.
  I suppose I can't blame them. Remember the August recess of last 
year? That was the beginning of what we call the tea party movement. 
This was interesting because this all happened during the August recess 
when those of us in the House and Senate were back in our States. The 
people of the tea party movement were objecting to four things. There 
are four things they are complaining about.
  No. 1 was the runaway cost of government, the increased deficits. 
Let's stop and think about it. In the first year of the Obama 
administration the deficits increased by $1.4 trillion. That is what 
happened the first year. That was after the tea parties, the August 
recess of 2009.
  The second issue then was not to have a government-run health care 
system. We temporarily lost that. There will be some changes in the 
Senate and House after the November elections. A lot of that can be 
corrected. Nonetheless, those are the first two issues of the tea 
partiers who are out there today. These are people who have not 
identified with any party but they want to save America from this 
socialist trend we have right now.
  The third issue was complaining about the closing of Guantanamo Bay 
or Gitmo. I look at this and I wonder, we have a President with an 
obsession to close Gitmo, a place where we have been able to put people 
who do not fit into a prison system since 1903. It is one of the best 
deals the government has. I think we only pay a lease of $4,000 a year. 
It is just like it was in 1903. Here is a place where you can put 
terrorists, the terrorists who are the detainees. These people are not 
criminals in the sense of our criminal code. These are terrorists. They 
don't fit in our court system. There is not an American out there who 
has not heard about what they are doing with the constitutional rights 
and Miranda rights and all that. That does not apply in these cases. It 
should not apply in these cases. But this President has wanted to bring 
these terrorists--close GITMO, with no place else to put them--bring 
them back to the United States for either trial or incarceration.
  At the beginning the President had identified some 17 institutions in 
America where you could put these terrorists. One happened to be in my 
State of Oklahoma. It was Fort Sill. Fort Sill has a great artillery 
installation there and they do have a small prison. I went down after 
he had made these suggestions of putting terrorists throughout the 
United States and I talked to--there is a Sergeant Major Carter down 
there in charge of that prison. She said go back and tell those people 
in Washington keep GITMO open. She happened to have had two tours of 
duty in Gitmo. She said that is

[[Page 8300]]

state of the art. People are treated well; they don't torture anyone; 
it is the only safe place to keep terrorists; they have a courthouse 
they can use for tribunals that cannot be found anyplace else in the 
United States.
  The third issue of these tea partiers was to reject the idea that we 
should close Gitmo and bring these terrorists to the United States.
  That comes to the fourth one, the one of our discussion today, and 
that is the fact that they were protesting cap and trade. Cap and trade 
is a tax increase. A lot of people say if you want to reduce 
CO2 emissions, why don't you put a tax on CO2 
emissions? Some of the strongest supporters of the global warming 
concept are the ones who say let's have a tax on CO2. Do you 
know why they don't? They don't have it because that way, people know 
what it costs, and they will reject it.
  If you have cap and trade, that is a way you can pick winners and 
losers and convince everyone he or she is going to be a winner. So one 
of the things they were protesting during the August recess of 2009 was 
this thing that would result in being the largest tax increase in the 
history of the country.
  I have often said the most egregious vote in this Senate's history, 
up to that time, up to October 1, 2008, was the $700 billion bailout. 
That led to the AIG bailout and the Chrysler bailout and the General 
Motors bailout. All of that took place and that was on October 1, 2008; 
$700 billion to have an unelected bureaucrat to do whatever he wanted 
without any constraints. As bad as that is, a cap-and-trade bill would 
end up--at least $700 billion, that is a one-shot deal. With the cap 
and trade it is every year.
  I know it is difficult for people in America when you start talking 
about billions and trillions of dollars, so I always do my math in 
relation to the State of Oklahoma. In Oklahoma, I take the number of 
families who file a tax return and do the math. For example, the $700 
billion came out that would cost each taxpaying family in Oklahoma 
about $5,000 for that. A cap-and-trade tax--they have actually done 
some calculations, the Wharton School of Economics, MIT, CRA, and other 
groups. The range is always between $300 and $400 billion, but that is 
every year. That would cost my people in Oklahoma, according to the 
calculations of CRA, a little bit over $3,100 a year and you don't get 
anything for it.
  The opposition has only grown stronger and more intense. Thus, the 
back-room dealing and secret deals to get 60 votes are not going to 
work.
  I should note, if Kerry-Lieberman were successful in passing, which 
it will not be, but if it were, it would go to conference--that is the 
way things are worked here--with the Waxman-Markey bill. If this bill 
passed the House, that would go to conference, and if this goes to 
conference that means that Waxman-Markey lives.
  We all remember what it did, the Waxman-Markey bill. The authors of 
that bill, as well as Senators Kerry and Lieberman, have argued that we 
need one standard, one framework to regulate greenhouse gases. However, 
the problem is in addition to imposing what would be the largest tax 
increase in history, these bills do not preempt other laws now being 
used to regulate greenhouse gases and drive up costs for industries. 
This would mean there would be multiple standards, multiple 
regulations, creating more confusion, more bureaucracy and, of course, 
more taxes.
  But we still have a liberal press that is in denial, the same as some 
of the Senators who are promoting this. I picked up USA Today last 
Friday on my way back to Oklahoma and I think on page 3 at the top was 
this article talking about how the lizards are going to become extinct 
as a result of global warming. They don't say ``alleged global 
warming,'' they just say it is global warming. So a lot of people, even 
though they realize the truth of this, because the truth has come out 
with climate change and all that stuff, they keep reading this over and 
over so they assume it is true.
  Today I should have been speaking in Chicago, at the Heartland 
Institute's climate conference, but because we had votes this afternoon 
I was not able to do it. I didn't want to miss these votes. I thank my 
former staffer Marc Morano, who will be speaking at the event, for his 
efforts at exposing global warming alarmism. At the Heartland 
Institute, it is my understanding, is the Fourth International 
Conference on Climate Change. It will be held in Chicago today, held as 
we speak. The theme of the ICCC-4 will be ``Reconsidering the Science 
and Economics.''

       New scientific discoveries are casting doubt on how much of 
     the warming of the twentieth century was natural and how much 
     was manmade, and governments around the world are beginning 
     to confront the astronomical cost of reducing emissions. 
     Economists, meanwhile--

  I am reading now from their statement--

     are calculating that the cost of slowing or stopping global 
     warming exceeds the social benefits.
       The purpose of the ICCC-4 is the same as it was for the 
     first three events, to build momentum and public awareness of 
     the global warming ``realism'' movement, a network of 
     scientists, economists, policymakers and concerned citizens 
     who believe sound science and economics, rather than 
     exaggeration and hype, ought to determine what actions, if 
     any, are taken to address the problem of climate change.

  They do not all agree on the causes and the extent, but it is kind of 
interesting because one of the attendees there came out--I just read 
this. I have it in front of me now. It is a geologist who is a very 
prominent U.S. geologist--urging the world to forget about global 
warming because global cooling has already begun.

       Dr. Don Easterbrook's warning came in the form of a new 
     scientific paper he presented to the fourth International 
     Conference on Climate Change in Chicago . . .

  That is today. Dr. Easterbook is an emeritus professor at Western 
Washington University, who has authored 8 books and 150 journal 
publications. His full resume is here.
  So today the event is taking place. On his Web site, 
climatedepot.com, we highlight some of the details.
  Over the next several weeks, I will be speaking on the EPA's so-
called tailoring rule because this all goes back to the Clean Air Act 
and the Clear Air Amendments. What it says is, they are going to change 
that, since that belongs to--that would cover almost every church, 
every small business, everything in America, to only cover the great 
big giants.
  It is not going to work. Everyone is going to be in on this deal. 
That would not be constitutional. I think everyone knows it. Along with 
the tailoring rule, I will continue to point out that the endangerment 
finding is based on IPCC's flawed science.
  By the way, the IPCC is the Intergovernmental Panel on Climate 
Change. It is a part of the United Nations. They are the ones that 
started this whole thing back in 1988. The problem we have with that is 
they had an agenda when they started. I can recall, over the years, 
scientists coming to me and I would stand at this podium and I would 
make truthful statements about how the science is being fixed.
  I have one, if anyone doubts my sincerity when I say this, it is on 
my Web site. You can look it up. Five years ago, I talked about how the 
top scientists in America were coming to me and saying: Look, they will 
not allow people who disagree with their hypothesis, who disagree with 
their opinions, to even be part of the IPCC.
  Well, I was vindicated last December when the Climategate thing came 
out, and all these people who had been sending stuff in, they uncovered 
some memos going back and forth on how they were going to try and make 
people believe that actually anthropogenic gases cause global warming. 
Anyway, that came at a very appropriate time. I think the people are 
aware of what is happening.
  Let me make one last comment about this endangerment finding. We have 
tried--not ``we'' but those who are promoting the idea of the 
anthropogenic gases cause global warming, they have been trying to 
introduce the bills to have a cap-and-trade system for the United 
States. They have been doing this now about for about 9 years. It has 
not worked.

[[Page 8301]]

  So President Obama has stated: All right, if the House and the Senate 
are not going to vote to do this, we will do it administratively. All 
we have to do is have an endangerment finding, which we could 
influence, and once the endangerment finding is there, then that would 
include, with the real pollutants, SOX, NOX, and 
mercury, CO2. If they do that, then they can start 
regulating CO2.
  Well, it is not quite that easy. Lisa Jackson, I have already said 
some nice things about her, and I appreciated her honesty in response 
to this question. Right before Copenhagen, I suspected that the Obama 
administration was going to have an endangerment finding. When they 
did, I knew it had to be based on science, so I asked her: What science 
would this, by and large, be based on, if you have the endangerment 
finding.
  She said the IPCC. Well, wait a minute. That is the same science 
that, through Climategate, has been totally rebuffed and no longer is 
legitimate, either in reality or in the eyes of the American people and 
people around the world.
  So while I am concerned obviously that we should try to do something 
such as this through an endangerment finding, do administratively what 
he is unable to do through the House and Senate, that is not going to 
work. So I would only say, I know all the Tea Party people are still 
out there. Keep in mind, you lost your fight with the government-run 
health care, you lost your fight with the huge deficit, and so far we 
have not lost on the closing of Gitmo. I think we will be able to keep 
it open. But the one issue that is up for grabs right now is this 
endangerment finding.
  Let's keep reminding all the people whom you meet with prior to the 
elections of November, and particularly during the upcoming August 
recess, that a cap-and-trade system would end up being the largest tax 
increase in the history of America and it would happen every year and 
it would not accomplish anything.
  I yield the floor and I suggest 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. ENZI. 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. ENZI. Mr. President, I ask unanimous consent to be able to speak 
as in morning business but on an amendment that I will bring up later 
on the bill.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                      FINANCIAL REGULATORY REFORM

  Mr. ENZI. Mr. President, I have had some concerns over the consumer 
protection part of the financial reform bill, mostly because I do not 
think there are very many limitations on it. Particularly in the area 
of personal privacy, I have some major concerns. So I have developed an 
amendment that I think will solve that. It is the kind of amendment I 
have often seen brought up by both sides of the aisle to make sure no 
agency is going through your personal finances without your permission 
or any other thing that is personal.
  So if you think full-body scans at the airport security is bad, they 
do pale in comparison to the consumer protection provisions in the 
financial regulatory bill we are debating. Even if you are okay with 
the heightened airport security measures, will you be OK with a full 
scan of your financial records?
  If left alone, this bill will set up a Federal bureaucracy that will 
be able to comb through the personal financial records of millions of 
Americans in the name of protecting consumers.
  Also, in the name of protecting us from ourselves, this bill would 
require banks to keep and maintain records of all bank account activity 
and financial activity of their clients for at least 3 years, while 
also requiring this information to be sent regularly to the bureau for 
safekeeping.
  I have serious concerns about our government collecting information 
on the daily activities of its citizens and equal concerns about the 
government approving or disapproving the financial choices of its 
citizens. For those who agree with me, and even those who disagree with 
me on the consequences or meaning of the language in this bill, I have 
a straightforward and easy solution.
  My amendment, 4018, simply says that if the new bureau created in 
this bill wants to investigate a consumer's individual transactions, 
then the bureau must get written permission from that individual. All 
this means is that the bureau cannot investigate someone's banking 
activities or credit card purchases without that person's permission.
  The bill is simply that. This is one page going into thousands of 
pages. It says:

       Notwithstanding any other provision of this Act, any 
     provision of the enumerated consumer laws or any provision of 
     Federal law, the Bureau may not investigate an individual 
     transaction to which a consumer is a party without the 
     written permission of that consumer.

  It is pretty straightforward. It makes sure they aren't going to 
investigate a consumer's individual transactions without written 
permission from that individual, and they can't investigate someone's 
banking activities or their credit card purchases without that person's 
permission.
  My amendment would also make it so that the government can't watch 
over my financial transactions without my saying so or without you 
saying so on yours. My amendment gives consumers a choice. I don't 
think the bureau should be allowed to look over my credit card 
statement to see if I am spending too much money. I don't think the 
bureau should be allowed to monitor my purchases and note that I bought 
a new car, a new boat, or a gun.
  I recognize there are consumers out there who may want the government 
in their lives, monitoring their transactions. I don't claim to 
understand that desire. But my amendment would not take away their 
choice in the matter. In fact, as a consumer, if I get into credit card 
trouble and want the bureau's help, all I have to do is contact the 
bureau and give them permission to look at my financial documents. My 
amendment would also give consumers that ability. As long as the bureau 
has my written permission as a consumer, they can look at my financial 
past, present, and future.
  Our State offices have that kind of a procedure when they do case 
work for individuals. Our State offices have a process where they will 
look into problems that an individual is having with the Federal 
Government. But in order to do that, they have to get a signed privacy 
release. That is so we can't just be looking into constituents' 
problems that we think might be a problem for them without their 
knowledge or their permission. That is all I am doing with this 
government bureau, is making sure the consumer knows that bureau will 
be going through their records with their permission.
  In reality, this bill encourages consumers to rely on the government 
to protect them from bad decisions instead of empowering due diligence. 
The role of the Federal Government should not be to stand over our 
shoulders telling us if our decisions are right or good. I was here on 
the Senate floor just a few short days ago saying that you and I have 
the inherent freedom to make choices, even the freedom to make bad 
choices. In America, that is the way it works. Big Brother is not 
allowed to hang over your shoulder to decide whether you are making a 
poor decision.
  Because of this bill and the actions of the current administration, 
people are more concerned about their freedoms right now than they ever 
have been, and this underlying bill--specifically title X, with its 
ironic name, ``consumer protection''--would take away those freedoms 
without this amendment.
  The Consumer Financial Protection Bureau created through this bill 
would suddenly become the most powerful agency within the Federal 
Government. By placing this bureau within the Federal Reserve, 
Congress's last

[[Page 8302]]

ability to oversee this agency would be when the director of the bureau 
is nominated by the President and the Senate gets to vet that 
candidate. That is it. Congress would have no oversight of the bureau's 
budget. Congress would have no oversight of the rules created by the 
bureau either.
  By the way, this bureau would not only have the authority to create 
its own rules for banks and consumers to follow, it would have the 
authority to enforce those rules as well. No other agency has that kind 
of unchecked power. Let me tell my colleagues, unchecked power does not 
lend itself to accountability.
  Why am I so concerned about this supposed consumer protection bureau? 
I am concerned about our freedoms. I know the Federal Government should 
not operate with the belief that it always knows best. Protecting 
consumers doesn't always mean naming advocates to work on their behalf. 
It also means allowing them the freedom and power to advocate for 
themselves.
  I mentioned this earlier, but I want to illustrate an example of why 
I am concerned about this bureau's unchecked power and why every 
citizen in the country should be up in arms, beating down the doors of 
Congress to keep big government powers from getting even bigger in 
their lives. The example I am about to give would be small compared to 
the powers of this proposed bureau.
  Let me tell my colleagues, this is not a small issue to the public. 
Not too long ago, the Transportation Security Administration, TSA, 
announced its intention to put full body scanning into major airports. 
Let me remind my colleagues, this was not even in every major airport, 
only a few. Many may not have seen one of these scanning machines. 
Travelers go into a three-sided piece of equipment fully clothed, and 
the machine essentially creates an x-ray-like scan of the traveler. The 
resulting image from the scan can be used to determine whether someone 
is carrying an explosive, has objects hidden under their clothing, or 
merely had a joint replaced. This new step in security was all done in 
the name of protecting citizens from terrorists. This new measure was 
for our physical safety.
  I have heard from hundreds of Wyoming citizens and from hundreds of 
citizens across the country desperate not to have the government 
intrude into their lives even in the name of physical safety from 
terrorism. There was such a rush of emotion from these folks, anger at 
the inconvenience and intrusion, nervousness and anxiety that the 
government would be able to image them for 30 seconds or the 
possibility that the government could keep the scanned image in a file. 
I even had some of the more middle-of-the-road folks tell me they just 
wanted a choice of whether to have the full body scan or simply an in-
person screening. That is what is done over most of the country.
  My point with this story is that with TSA screening, we are talking 
about a single image of a person as they travel through the Nation's 
airports. What the bureau of consumer protection proposes to do in the 
name of financial security is not just a snapshot of us during a single 
day of travel. What the bureau proposes to do is scrutinize the 
transactions of our daily lives, our spending habits, monitor our 
financial decisions as we plan for retirement, as we plan and spend for 
our families, and, as consumers, as we make choices on loans for 
education, vehicles, homes, and any other expenses. This isn't a single 
step encroaching on privacy like a body scan image. What the bureau 
proposes to do skips over the privacy boundary. It is not a single 
scan; it is a life audit.
  This bureau may create some much needed protections for consumers, 
but it could also go much further. Without my amendment, the bureau 
will be required to collect daily transactional information on every 
consumer. The government would see every time you needed money for a 
college loan, for $20 from the nearest ATM. The bureau would require 
your community bank to not only keep all the information on file but to 
regularly share that data with the government.
  Some may say they don't care if the government knows they buy 
groceries at Safeway every Tuesday, but I daresay allowing the 
government to assess and analyze every transaction could easily 
escalate beyond mundane details and consumer protection to truly having 
Big Brother watching over us. You may not care about the government 
knowing your shopping habits or how and when you fill your car with 
gas, but you will care if the government has the ability to say how, 
when, and why you spend your own money.
  We already give the government control of our tax dollars. I would 
say that isn't going so well for us. A $12 trillion, almost $13 
trillion deficit shows this. So why should the public be OK with 
allowing the Federal Government to watch over our shoulders, saying 
whether our financial decisions are OK? The point is that the Federal 
Government should not have this power, but this bill will be giving it 
unless we have this amendment.
  I have risen to bring light and awareness to the additional, enormous 
unchecked power that would be given to the bureau of consumer 
protection in the name of protecting consumers. This power would be 
given not in the name of protecting us from physical threat or harm but 
in the name of making decisions for us.
  I offer another choice to my colleagues and to the people. This 
choice allows consumers to let the bureau into their personal lives if 
they so choose. My amendment would not stop the bureau from existing. 
My amendment would not prevent the bureau from assisting consumers with 
their finances or debt. My amendment would simply require the bureau to 
get written permission from consumers. It is that simple. I urge 
colleagues to consider the amendment so that we are empowering 
consumers, not perpetuating big government growth in the name of 
protecting us from ourselves.
  I ask unanimous consent that Senator Shelby be added as a cosponsor 
to the amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ENZI. I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mr. CORNYN. Mr. President, with the permission of the bill manager, I 
ask unanimous consent to set aside any pending amendments and to call 
up amendment No. 3986.
  The ACTING PRESIDENT pro tempore. The bill is not yet pending.
  Mr. CORNYN. Mr. President, I understand the bill has not yet been 
reported, but I would like to make a few comments on my amendment. As 
soon as the bill is reported, I will call up the amendment more 
specifically.
  I ask unanimous consent to speak as in morning business for up to 15 
minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. CORNYN. Mr. President, I am advised the bill is ready to be 
reported.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Morning business is closed.

                          ____________________




           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.

[[Page 8303]]

       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 rulemaking 
     authority.
       Udall (CO) amendment No. 4016 (to amendment No. 3739), to 
     improve consumer notification of numerical credit scores used 
     in certain lending transactions.


                Amendment No. 3986 to Amendment No. 3739

  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mr. CORNYN. Mr. President, I ask unanimous consent to set aside any 
pending amendments and to call up amendment No. 3986.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mr. Cornyn], for himself, and Mr. 
     Vitter, proposes an amendment numbered 3986 to amendment No. 
     3739.

  Mr. CORNYN. 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 protect United States taxpayers from paying for the 
                    bailouts of foreign governments)

       On page 1565, after line 23, add the following:

                       TITLE XIII--MISCELLANEOUS

     SEC. 1301. RESTRICTIONS ON USE OF FEDERAL FUNDS TO FINANCE 
                   BAILOUTS OF FOREIGN GOVERNMENTS.

       The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 68. RESTRICTIONS ON USE OF FEDERAL FUNDS TO FINANCE 
                   BAILOUTS OF FOREIGN GOVERNMENTS.

       ``(a) In General.--The President shall direct the United 
     States Executive Director of the International Monetary 
     Fund--
       ``(1) to evaluate any proposed loan to a country by the 
     Fund if the amount of the public debt of the country exceeds 
     the gross domestic product of the country;
       ``(2) to determine whether or not the loan will be repaid 
     and certify that determination to Congress.
       ``(b) Opposition to Loans Unlikely To Be Repaid.--If the 
     Executive Director determines under subsection (a)(2) that a 
     loan by the International Monetary Fund to a country will not 
     be repaid, the President shall direct the Executive Director 
     to use the voice and vote of the United States to vote in 
     opposition to the proposed loan.''.

  Mr. CORNYN. Mr. President, I continue to have deep concerns about the 
legislation we are debating. I mentioned some of those concerns last 
week, including the bailout provisions that still effectively remain in 
the bill and the so-called orderly liquidation process that could give 
some firms special treatment outside of the Bankruptcy Code.
  I repeat my appreciation to Senator Sessions from Alabama for 
offering his amendment last week which would have corrected that. 
Unfortunately, it was defeated last Thursday, as most of the amendments 
have been.
  At this time, I offer another amendment that would protect the 
American taxpayer from bailing out foreign governments. We all know 
that this scene, which we saw displayed across cable television and in 
the newspapers, is being played out now in Greece where literally a 
Greek tragedy is unfolding.
  How did this happen? First, Greece's public debt was 115 percent of 
its gross domestic product, according to the International Monetary 
Fund. Putting that in context, according to the Congressional Budget 
Office report of March 2010, the public debt of the United States is 
currently 53 percent of our gross domestic product. However, the 
Congressional Budget Office, the official scorekeeper of the 
government, says, all else being equal--in other words, if nothing else 
happens--the baseline estimate for that debt in ten years will be 67.5 
percent, up from 53 percent last year. Under the President's proposed 
budget, that number skyrockets to 90 percent of gross domestic product 
by 2020. While some may say here in America we are in relatively good 
shape because our debt is only 53 percent of our gross domestic 
product, the Congressional Budget Office estimates that under the 
President's own budget, that will soar from 53 percent of the gross 
domestic product to 90 percent of GDP by the year 2020, which makes 
that 115 percent number for Greece look not so much higher than what 
the American number will be come 2020.
  Deficits are high in Greece for the same reason they are too high in 
the United States--too much government and too much reckless spending.
  Similar to the U.S. Government, the Greek Government has been 
financing its operations by borrowing money. But over the last few 
weeks, the capital markets made clear investors--the people who buy 
that debt--do not trust the Greeks to be able to pay it back, hence, 
the need for these extraordinary bailouts by the International Monetary 
Fund.
  But, again, the comparison is unavoidable. What happens if the United 
States does not change its current trajectory of going to 90 percent of 
our gross domestic product when it comes to our debt by 2020, as 
projected by the Congressional Budget Office? What do we do if we 
continue to borrow and spend? What do we do if China, for example--
which is the primary country that buys that debt--either refuses to 
continue to finance our deficit spending and our debt or demands higher 
interest rates.
  What is happening now in Greece with these kinds of demonstrations I 
do not think it takes a great imagination to say could happen in 
America if we are not more responsible in dealing with our out-of-
control spending, our out-of-control debt--unless we say no to the 
President's proposed spending budget, which would grow that to 90 
percent of our gross domestic product by 2020.
  But back to my amendment. Why is it people are so upset about bailing 
out Greece, using the International Monetary Fund to do so? Well, I am 
referring to an article from the Associated Press entitled ``Europe 
bristles at paying for Greek retirement.'' Let me read a couple 
paragraphs:

       In Greece, trombone players and pastry chefs get to retire 
     as early at 50 on grounds their work causes them late career 
     breathing problems. Hairdressers enjoy the same perk thanks 
     to the dyes and other chemicals they rub into people's 
     scalps.

  Skipping down a couple paragraphs:

       Like many [European Union] countries, the general 
     retirement age in Greece is 65, although the actual average 
     [retirement age] is about 61. However, the deeply fragmented 
     system also provides for early retirement--as early as 55 for 
     men and 50 for women--in many professions classified as 
     ``arduous and unhealthy.''

  So we see why people are reluctant, to say the least, to bail out 
Greece because of these reckless pensions that facilitate these early 
retirements under the thinnest of pretenses. But we know the European 
Union and the International Monetary Fund recently approved a $145 
billion bailout for the Greek Government. Mr. President, $40 billion of 
that represents loan guarantees from the International Monetary Fund. 
Since the United States has funded about 17 percent of the IMF's 
budget, our share--that is, the American taxpayers' share--of that 
bailout would be at least $7 billion. That is right, U.S. taxpayers are 
on the hook to help bail out Greece to the tune of at least $7 billion.
  We know a $1 trillion bailout fund is being discussed for other 
European nations. While the details are being discussed, once again, 
U.S. taxpayer funds could make their way through the International 
Monetary Fund to bail out irresponsible foreign governments.
  As CNBC reported on Tuesday:

       U.S. taxpayers could be on the hook for $50 billion or more 
     as part of the European debt bailout, which is likely to be a 
     close cousin to the strategy used to rescue the American 
     financial system.


[[Page 8304]]


  CNBC went on to say:

       The entire bailout package has been nicknamed ``Le Tarp'' 
     for its similarity to the Troubled Asset Relief Program that 
     bailed out US companies with taxpayer-backed loans.

  They are calling this bailout fund Le Tarp for a reason. Once again, 
billions of dollars will be in the hands of government bureaucrats, and 
the U.S. taxpayer will be asked simply to trust those so-called experts 
who have let us down before and who seem to be making much of this up 
as they go along.
  It is no surprise that 63 percent of respondents to a recent 
Rasmussen poll have said they oppose using U.S. taxpayer funds to bail 
out foreign governments. I am actually surprised it is only 63 percent.
  American taxpayers should not be involved in bailing out foreign 
governments. As George Will pointed out last week in the Washington 
Post, Greece has a gross domestic product that is less than the Dallas-
Fort Worth metropolitan area's. Greece is simply not, under any stretch 
of the imagination, too big to fail. If Greece defaults on its debt, 
then the European banks that bought the debt need do write it off. If 
the European governments want to bail out their banks or prop up their 
currency, let them do it without help from the American taxpayer.
  American taxpayers simply should not be involved in this process. Our 
first priority should be to unwind all the bailouts we have, thanks to 
this administration, not to create new ones overseas.
  Moreover, there is a good chance this Greek bailout is not even going 
to work; in other words, that we will not even be able to get our money 
back. It will not be a loan; it will be throwing more good money after 
bad.
  The chief executive of the Deutsche Bank doubts the Greeks can even 
repay this debt. We have all seen pictures of these protests that have 
continued under the ``austerity measures'' that have now been imposed 
that the government was forced to make in order to secure the deal.
  As one blogger recently put it:

       It was the Greeks who gave us the word for democracy. They 
     also gave us the words for demagoguery, tyranny, crisis and 
     chaos.

  That is what this photograph looks like: chaos as a result of 
uncontrolled spending and out-of-control debt.
  What we are seeing is what Robert Samuelson calls the ``Death Spiral 
of the [Modern] Welfare State.'' He said: ``The reckoning has arrived 
in Greece, but it awaits most wealthy countries,'' including, I might 
add, the United States of America--unless we change our ways.
  The President of the European Council put it this way:

       We can't finance our social model anymore--with 1 percent 
     structural growth we can't play a role in the world.

  What my amendment--which will be among the four amendments voted on 
when we gather again at 5:30--does is, it says the American people are 
tired of bailouts, and Congress should protect the American taxpayer 
from bailing out foreign governments, particularly when we cannot get 
our money back afterwards.
  My amendment would bring needed transparency and accountability to 
what the International Monetary Fund is doing with American taxpayer 
dollars, including the roughly $60 billion our country has already 
provided to the IMF over the years.
  Specifically, this amendment would require the administration to look 
more closely at any proposed IMF loan to see if that country's debt 
exceeds its GDP; and when it does, as Greece's does, to certify to 
Congress that the loan will be repaid.
  If the U.S. Executive Director of the IMF cannot certify to Congress 
that the loan will be repaid, my amendment would require the President 
of the United States to direct the Executive Director to vote against 
the bailout by the International Monetary Fund.
  The logic of this amendment could not be more clear: Any country that 
owes more money than its entire economy produces is, by definition, a 
very bad credit risk, and the United States should not be loaning money 
to such a nation, unless we are absolutely confident our taxpayers are 
not subsidizing failure and will ultimately get their money back.
  So I urge my colleagues to support this amendment. We must act 
quickly, so the amendment will apply to future bailouts of nations like 
Greece that have spent way beyond their means.
  I yield the floor.
  I suggest 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. WHITEHOUSE. 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.


                Amendment No. 3746 to Amendment No. 3739

  Mr. WHITEHOUSE. Mr. President, I wish to say a few words on the 
amendment I have pending and that we will be voting on in the next 2 
days that will restore the historic power of States to control interest 
rates they charge to their citizens.
  One of the things I hear most about when I am home in Rhode Island is 
from folks who can't understand why their credit card interest rate 
suddenly jumped to over 30 percent. For a long time, the tricks and the 
traps in those long credit card contracts pitched people into these 
penalty rates. I think a lot of people don't read all the fine print 
and aren't sure exactly what it means. We have individual consumers up 
against the craftiest lawyers the credit card industry can hire, and 
the result is when they trigger one of these traps and they get caught 
by one of these little tricks, they end up being kicked into a very 
high penalty rate.
  Recently, after the credit card reform bill passed a year ago, we saw 
the credit card industry actually not even waiting for the tricks or 
traps to be triggered. They just began to spontaneously raise people's 
interest rates; again, very often over 30 percent. The Presiding 
Officer and I are both of an age where we can remember a time when 
interest rates of that level would have been a matter to refer to the 
authorities, not a commonplace business practice of our biggest 
industries. When we think of the pain and the suffering and the 
economic stress families get put under when they fall into these 
burdensome, exorbitant penalty rates--I think we should do something 
about it. My amendment would allow us to do just that.
  It doesn't take any new risks. It doesn't create dramatic new policy. 
It does things that my friends on the other side of the aisle have been 
supportive of over the years. It honors the independent authority of 
States to make decisions to protect their citizens. It supports 
consumers--the little guy--against the huge corporations, and it puts 
our local banks on a level playing field with these big out-of-State 
banks.
  We got here because of an unusual loophole that the Supreme Court 
opened 30 years ago. We did not have a debate on the Senate floor 
saying: What should our policy be? Should we take away the rights of 
States to protect their consumers, to protect their citizens from 
exorbitant out-of-State interest rates? We never had that discussion. 
This happened inadvertently.
  It happened as a result of a Supreme Court decision back in 1978 that 
said when a bank in one State and a consumer in another State have a 
transaction, it will be the laws of the home State of the bank that 
govern. It didn't look like a very big deal at the time. It didn't take 
the crafty bank lawyers long to see that it opened a very tricky 
loophole, and they could move to the States in this country that had 
the worst consumer protection legislation, and from there--from those 
outposts of the worst consumer protection--they could market into other 
States. The fact that the other State they were marketing into had good 
consumer protections and protected those State's citizen didn't matter. 
It didn't help because of the Supreme Court decision.
  I submit if, as a Senate, we were to have debated that proposition, 
there would not have been many votes for the outcome. The notion of the 
policy of the United States on protecting consumers from interest rates 
should be

[[Page 8305]]

that the rules of the worst State in the country trump every other 
State is a rule that nobody in their right mind would vote for. But 
because of this inadvertent Supreme Court loophole and because of the 
crafty work of these big national banks and their lawyers, we are now 
in that exact situation--a situation that none of us would ever have 
voted for and that we shouldn't tolerate now.
  So I urge my colleagues on the other side of the aisle to vote for 
this amendment. I wish to thank Senator Cochran from the other side of 
the aisle for cosponsoring it, and I wish to ask his colleagues in the 
Republican caucus to join him in supporting it.
  This bill we are looking at right now is very esoteric and technical. 
It is preventive medicine. It engages in things such as trying to 
rebuild the Glass-Steagall firewall, trying to promptly regulate 
collateralized debt obligations, trying to put appropriate leverage 
limitations on banks. That is all pretty arcane stuff.
  The American people want this reform, and it should happen. But here 
is a deliverable they can take right home. They will see a difference 
as soon as their States respond. They can be protected from these 
outrageous 30-percent interest rates as a result of this bill. It is 
not a big Federal Government that is coming to do this; it is the State 
governments, State by State. Indeed, if a State wants to have no 
consumer protections and have its citizens vulnerable to these 
predatory and exorbitant credit card deals, fine. They can do that. 
There is nothing in my amendment that requires a State to do anything. 
It just empowers them with the same power they had at the founding, 
with the same power they had for 202 years, until 1978 came along and 
this peculiar Supreme Court decision.
  So I think it will be a good argument to go home with, and as voters 
in this country look at what Congress has done leading up to the 
November elections, to be able to say: You know what. Those 30-percent 
rates we never saw when we were children and that our parents never had 
to pay, the rates that you as a head of a family are now having to deal 
with with these credit card companies from out of State that you can 
barely reach on the phone, and if you do, you get pushed from phone 
tree to phone tree, we have done something about that. We have helped 
you. We have put you in a position where the States are sovereign again 
over these big national corporations rather than vice versa.
  Right now, we, the big credit card companies, are sovereign over our 
States. That is not the way things should be in America. That is not 
the way the Founding Fathers set it up. It is not right for consumers. 
It violates the principle of the States being laboratories of 
democracy, and it completely eviscerates consumer protection.
  So I urge my colleagues to support it and to put themselves in a 
position to be able to go home to their voters and say: We did 
something tangible for you. We didn't create bigger government. We let 
your existing State government make the decisions that for two 
centuries they were capable of making to protect you from the worst 
practices of the out-of-State credit card companies. The alternative is 
to have to go back and explain why people are still paying 30 percent 
when you have the chance to do something about it; why you chose the 
big out-of-State corporations and exorbitant interest rates over your 
own home State's protection of your own home State's citizens.
  I think the position my colleagues would want to be in on that one is 
with your home State, with the doctrine of federalism, with the 
traditions of the United States of America, and with your consumers, 
rather than on the other side with the big out-of-State banks that 
charge these exorbitant rates.
  So I hope I will have support, and I look forward to working with 
anyone who has questions.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Idaho.


                Amendment No. 4020 to Amendment No. 3739

 (Purpose: To limit further bailouts of Fannie Mae and Freddie Mac, to 
enhance the regulation and oversight of such enterprises, and for other 
                               purposes)

  Mr. CRAPO. Mr. President, I ask unanimous consent to set aside the 
pending amendment and call up the Crapo amendment No. 4020.
  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 Idaho [Mr. Crapo], for himself, Mr. Gregg, 
     Mr. Shelby, Mr. McCain, Mr. Vitter, and Mrs. Hutchison, 
     proposes an amendment numbered 4020 to amendment No. 3739.

  Mr. CRAPO. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The amendment is printed in the Record of Thursday, May 13, 2010.)
  Mr. CRAPO. Thank you very much, Mr. President.
  This amendment includes Fannie Mae and Freddie Mac as part of the 
Federal budget as long as either of these two institutions is under 
conservatorship or receivership. I wish to thank Senators Gregg, 
Shelby, McCain, and Vitter, Hutchison, and Corker for cosponsoring this 
amendment.
  As I believe my colleagues will recall, several days ago we voted on 
a broader amendment which would actually have provided some significant 
coverage of Fannie Mae and Freddie Mac in this so-called financial 
regulatory reform legislation we are addressing on the floor of the 
Senate today.
  That legislation would have provided a pathway for us to literally 
stop the bailouts of Fannie and Freddie and move us toward a path of 
resolving the continued taxpayer exposure to the excesses of Fannie Mae 
and Freddie Mac. But that amendment was defeated on the floor of the 
Senate--although I supported that amendment because now, since the 
amendment has been defeated, there is literally no piece of this 
legislation before us that addresses the core problem that started the 
entire collapse in our economy; namely, the securitization of the 
mortgage industry and the actions of Fannie Mae and Freddie Mac, which 
ran up so many of these toxic assets and helped to spread them 
throughout the globe.
  As we debated then, the taxpayer is already on the hook for about 
$130 billion-plus for the problems Fannie and Freddie caused. Experts 
tell us, as we move forward, that liability to the taxpayer is likely 
to reach $380 billion to $400 billion. I personally think those are 
conservative estimates. When we get the full picture, I think the 
taxpayers will have been put on the hook for way more than that.
  This amendment simply says: Let's tell the American public what's 
happening. Since we lost the fight last week to try to have the bill 
cover Fannie Mae and Freddie Mac and provide an exit strategy for the 
taxpayers to continue to bail them out, let's at least be open and 
clear about what we are doing with regard to Fannie and Freddie.
  The purpose of this amendment is to show the American people the true 
picture of how much our national debt has increased as a result of the 
bailout of these two institutions--the bailout which I, again, point 
out is ongoing, uninterrupted in any way by this legislation.
  According to the CBO Director Douglas Elmendorf:

       After the U.S. Government assumed control in 2008 of Fannie 
     Mae and Freddie Mac--two federally chartered institutions 
     that provide credit guarantees for almost half of the 
     outstanding residential mortgages in the U.S.--

  This is his quote now, and because of what happened in the economy, 
Fannie and Freddie, together with the FHA, account for 96.5 percent of 
all of the residential mortgages in the U.S. Continuing with the quote:

     the Congressional Budget Office concluded that the 
     institutions had effectively become government entities whose 
     operations should be included in the Federal budget.

  What is the Director saying? He is saying that since the U.S. 
Government

[[Page 8306]]

has now taken over control and management of Fannie Mae and Freddie 
Mac, and the taxpayer is on the hook for all of their debts and 
excesses, we ought to put it on budget and show the American people 
what is happening to our debt as a result of it, instead of using the 
creative accounting that we see here in Washington all the time, where 
we mount up spending and debt and figure out ways to keep it from 
showing up in the national debt or in the calculations of our spending.
  At the end of 2009, per the financial statements, those figures that 
we are talking about, how much debt is not being reflected in our 
national debt because we don't choose to count it? Those figures are 
$774 billion for Fannie Mae and $781 billion for Freddie Mac, for a 
total of $1.555 trillion, which is out there for which the taxpayer is 
on the hook, and we have to figure out a way to pay it back. We as a 
Congress will not tell the American people that in the calculations of 
our national debt.
  To put into perspective how large these entities are, their combined 
total books of business are nearly $5.5 trillion. As I indicated, they 
are currently run and operated by the U.S. Government.
  Again, the amendment last week would have put us on a pathway to 
solve this and take the government out of the business, which should be 
a private sector business of mortgages. But at least this amendment 
would put us on record as telling the American people what exposure we 
are putting them to by not taking those actions.
  By the way, the Congressional Budget Office has estimated that, in 
the wake of the housing bubble and the unprecedented deflation in 
housing values that resulted, the government's cost to bail out Fannie 
Mae and Freddie Mac will eventually reach, as indicated before, about 
$381 billion. I think that is too conservative.
  On May 5, Freddie Mac reported losing another $8 billion in the first 
quarter and requested $10.6 billion from taxpayers, saying in the same 
breath they are going to need more in the future.
  On May 10, Fannie Mae reported losing $11.5 billion, its 11th 
consecutive quarterly loss, and itself asked for another $8.4 billion 
more from the taxpayers. That is in addition to the $126.9 billion 
Fannie Mae and Freddie Mac already cost the taxpayers. Get this--there 
used to be some limits on this--$400 billion or $200 billion for each 
institution.
  Last Christmas--literally on Christmas Eve--the Treasury announced 
that it was going to lift that $400 billion loss cap on these two 
companies, creating a potentially unlimited liability, and effectively 
providing the full faith and credit of the U.S. Government, the 
American taxpayers, for their unlimited debt. Now the limit, instead of 
$400 billion, which itself is unacceptable, is infinity. We will not 
even record it for the American people to see.
  According to a January 2010 CBO background paper titled ``CBO's 
Budgetary Treatment of Fannie Mae and Freddie Mac,'' the Congressional 
Budget Office ``believes that the Federal Government's current 
financial and operational relationship with Fannie Mae and Freddie Mac 
warrants their inclusion in the budget.''
  This isn't just my complaint. The CBO itself has said that now that 
the status is that the U.S. Government has taken control of the 
financing of and assumed the debt of the obligations and actions of 
Fannie Mae and Freddie Mac, we ought to recognize they are government 
entities, and we ought to include them in our budget. That is what we 
are seeking in this amendment.
  By contrast, the current administration has taken a different 
approach by continuing to treat Fannie Mae and Freddie Mac as outside 
the Federal budget, recording and projecting outlays equal to the 
amounts of any cash infusions made by Treasury into the entities. They 
are creating the appearance that there is no debt here, no impact on 
our budget. That is the kind of nontransparency this amendment is aimed 
at stopping. We are seeking to create some kind of transparency that 
will at least allow Congress and the public to understand the finances 
we are now being engaged in and asking the American taxpayers to back.
  The Office of Management and Budget, in contrast to the CBO, has said 
in their Budget of the U.S. Government for Fiscal Year 2011:

       Under the approach in the budget, all of the GSEs' 
     transactions with the public are non-budgetary because the 
     GSEs are not considered to be government agencies.

  We have the President and the OMB at the White House saying that we 
don't need to count this in the budget because they are not government 
agencies. The CBO, however, is saying: Wait a minute, we own them, we 
run them, we are backing all of their debt, and essentially they are 
government entities. We can engage in debates about whether Fannie Mae 
and Freddie Mac are Government entities, but the bottom line question 
is: Who is responsible for their debt? Who is paying for their debt?
  Nobody denies the answer to that question. It is the U.S. taxpayer. 
If the U.S. taxpayer is on the hook for their debt--and after what I 
call the ``Christmas Eve massacre'' of last Christmas--and there is no 
limit to the amount of that liability, we at least ought to put it on 
record.
  CBO has included the GSEs in its budget baseline but does not include 
their debt in the computations of debt because CBO took a narrow view 
of the Federal debt. But as CBO's report says:

       CBO's treatment of the entities' debt does not constitute a 
     statement about whether or not that debt should be considered 
     Federal debt.

  Figure that out. CBO is saying: We are not going to include this in 
the debt, even though we think they are government entities and we 
ought to put them on budget. Their words were ``CBO's treatment of the 
entities' debt''--meaning not counting it--``does not constitute a 
statement about whether or not that debt should be considered Federal 
debt.''
  Maybe CBO is saying Congress needs to give us some direction. Whether 
that is what they are saying, Congress does need to give some direction 
here, and that is the purpose of the amendment.
  In light of Treasury's Christmas Eve ``taxpayer massacre'' and the 
government's decision to back all losses of Fannie Mae and Freddie Mac, 
we should include Fannie Mae and Freddie Mac as part of the Federal 
budget--at least as long as they are in receivership or conservatorship 
and run and backed up by the American taxpayer.
  The amendment would also do a few other things. It would reestablish 
the $200 billion cap per entity and accelerate the 10-percent 
reductions of the mortgage portfolios, effectively requiring the 
companies to shrink those portfolios by holding a combined $100 billion 
from their current levels.
  This will also limit the losses that taxpayers will face as a result 
of the blank check given by the administration last December 24.
  The amendment will also require the Secretary of the Treasury and the 
Director of the Federal Housing Financing Agency to testify before the 
Banking Committee each time an additional $10 billion or more in 
taxpayer funds is provided to Fannie Mae and Freddie Mac combined. In 
other words, the next time, under this amendment, we have a May like 
this May, where Fannie and Freddie have asked for more than $10 billion 
of additional taxpayer bailout, we at least ought to have the Secretary 
of the Treasury and the Director of the Federal Housing Finance Agency, 
who manage this, come before the Banking Committee and testify as to 
what is happening, why, and where we are headed.
  This will provide at least an opportunity for congressional 
oversight, which is currently totally lacking in the process. All that 
happens now is that they issue a press release saying we need another 
$10 billion and they get it--no limits, no caps, no accountability, no 
counting of the debt, and no explanation to Congress. It seems to me a 
little transparency and honesty with the American people about what our 
finances are doing here is appropriate.
  The amendment is also going to require the Secretary of the Treasury 
to

[[Page 8307]]

post on the Treasury Web site, 1, the aggregate portfolio holdings of 
each enterprise and, 2, a weekly summary of taxpayer funds provided for 
and at risk for each enterprise.
  Again, all we are asking is to have the kind of transparency that 
will allow the American people to understand what the Federal 
Government is up to with their money. It will also help explain why 
some of us don't believe the rhetoric about the bill before us today. 
There is a lot of talk about ending bailouts. There is a lot of talk 
about ``too big to fail'' is never going to be allowed again in 
America. There are some provisions in the bill that end some of the 
bailouts and that go quite a bit of the way down the road toward making 
it clear that a company cannot get too big to fail, and that we will 
try to move them into a resolution process if they do fail.
  It is not ironclad, however, and there is still the possibility that 
we will see bailouts in the future--something in other amendments we 
have tried to tighten.
  But let's not mistake the fact that the biggest bailouts of all are 
not even addressed in this legislation and are allowed to not only 
continue unabated but to continue without even telling the American 
public what the facts are. When I say the biggest bailouts of all, the 
last numbers I saw, if you take the auto bailout and the financial 
bailouts everybody heard about, and total them all up, they won't even 
equal the amount of money being used to bail out Fannie Mae and Freddie 
Mac. Yet, Fannie and Freddie continue--because the government now owns 
them--to be untouched by this legislation.
  It is time for true transparency as we debate these issues of 
bailouts and too big to fail. It is time for us to address the very 
core of the problem that caused so much of the economic disruption we 
are now dealing with--the financial mortgage industry and the 
securitization of those toxic mortgages.
  Yet, again, what happens? We are simply asked, as American taxpayers, 
to pony up with a check for $10 billion here and $8 billion there, and 
we will continue to grow, unrestricted, uncontrolled, unnoticed, and 
unidentified, because we won't even put it on record and count it in 
our own budgeting.
  It is time for us to include the obligations and the management of 
Fannie Mae and Freddie Mac in our Federal budget. I encourage all of my 
colleagues to support this amendment when we get an opportunity to vote 
on it.
  Mr. President, I yield the floor. I 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. ROCKEFELLER. 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.


                    Amendment No. 3758, as Modified

  Mr. ROCKEFELLER. Mr. President, I call up Senator Hutchison's and my 
amendment No. 3758 and ask for its immediate consideration.
  The ACTING PRESIDENT pro tempore. The amendment is pending. Does the 
Senator wish it to be the pending question?
  Mr. ROCKEFELLER. I ask unanimous consent to modify this amendment 
with the modification at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 3758 as modified), is as follows:

       On page 1191, line 5, strike ``(c)'' and insert ``(b)''.
       On page 1191, line 10, strike ``6809);'' and insert ``6809) 
     except for section 505 as it applies to section 501(b);'';
       On page 1191, line 20, strike ``and''.
       On page 1191, line 22, strike ``seq.).'' and insert 
     ``seq.); and''.
       On page 1191, between lines 22 and 23, insert the 
     following:
       (Q) section 626 of the Omnibus Appropriations Act, 2009 
     (Public Law 111-8).
       On page 1192, line 5 after ``H.'' insert ``The term does 
     not include the Federal Trade Commission Act.''
       On page 1213, line 24 after ``database'' insert ``or 
     utilizing an existing database''.
       On page 1214, line 3, after ``with'' insert ``the Federal 
     Trade Commission or''.
       On page 1214, line 4, strike ``other Federal regulators,'' 
     and insert ``such agencies,''.
       On page 1215, line 11, after ``regulators,'' insert ``the 
     Federal Trade Commission,''.
       On page 1215, line 14, strike ``regulators'' and insert 
     ``regulators, the Federal Trade Commission,'' .
       On page 1221, line 8, after ``Trading Commission,'' insert 
     ``the Federal Trade Commission,''.
       On page 1237, line 6, strike ``law,'' and insert ``law and 
     except as provided in section 1061(b)(5),''.
       On page 1250, line 6, strike ``(a)'' and insert ``(a)(1)''.
       On page 1250, line 20, strike ``(a),'' and insert 
     ``(a)(1),''.
       On page 1251, line 19, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1251, line 24, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1252, line 8, strike ``(a),'' and insert 
     ``(a)(1),''.
       On page 1252, line 22, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1253, line 4, strike ``(a).'' and insert 
     ``(a)(1).''.
       On page 1253, line 13, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1253, line 15, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1253, line 18, strike ``(a),'' and insert 
     ``(a)(1),''.
       On page 1253, line 24, strike ``(a),'' and insert 
     ``(a)(1),''.
       On page 1254, line 13, strike ``Exclusive''.
       On page 1254, strike lines 14 through 20 and insert the 
     following:
       (1) The bureau to have enforcement authority.--Except as 
     provided in paragraph (3) and section 1061(b)(5), with 
     respect to any person described in subsection (a)(1), to the 
     extent that Federal law authorizes the Bureau and another 
     Federal agency to enforce Federal consumer financial law, the 
     Bureau shall have exclusive authority to enforce that Federal 
     consumer financial law.
       On page 1255, strike lines 5 through 18, and insert the 
     following:
       (A) In general.--The Bureau and the Federal Trade 
     Commission shall negotiate an agreement for coordinating with 
     respect to enforcement actions by each agency regarding the 
     offering or provision of consumer financial products or 
     services by any covered person that is described in 
     subsection (a)(1), or service providers thereto. The 
     agreement shall include procedures for notice to the other 
     agency, where feasible, prior to initiating a civil action to 
     enforce any Federal law regarding the offering or provision 
     of consumer financial products or services.
       On page 1256, line 25, strike ``law,'' and insert ``law and 
     except as provided in section 1061(b)(5),''.
       On page 1257, line 3, strike ``(a)'' and insert ``(a)(1)''.
       On page 1257, line 9, strike ``(a),'' and insert 
     ``(a)(1),''.
       On page 1257, line 12, strike ``(a)'' and insert 
     ``(a)(1)''.
       On page 1298, line 14, strike ``ensure that the rules--'' 
     and insert ``ensure, to the extent appropriate, that the 
     rules--''.
       On page 1299, line 9, strike ``all''.
       On page 1301, line 18, strike ``to establish'' and insert 
     ``regarding''.
       On page 1375, beginning with line 8, strike through line 5 
     on page 1376 and insert the following:
       (A) Transfer of functions.--The authority of the Federal 
     Trade Commission under an enumerated consumer law to 
     prescribe rules, issue guidelines, or conduct a study or 
     issue a report mandated under such law shall be transferred 
     to the Bureau on the designated transfer date. Nothing in 
     this title shall be construed to require a mandatory transfer 
     of any employee of the Federal Trade Commission.
       (B) Bureau authority.--
       (i) In general.--The Bureau shall have all powers and 
     duties under the enumerated consumer laws to prescribe rules, 
     issue guidelines, or to conduct studies or issue reports 
     mandated by such laws, that were vested in the Federal Trade 
     Commission on the day before the designated transfer date.
       (ii) Federal trade commission act.--Subject to subtitle B, 
     the Bureau may enforce a rule prescribed under the Federal 
     Trade Commission Act by the Federal Trade Commission with 
     respect to an unfair or deceptive act or practice to the 
     extent that such rule applies to a covered person or service 
     provider with respect to the offering or provision of a 
     consumer financial product or service as if it were a rule 
     prescribed under section 1031 of this title.
       (C) Authority of the federal trade commission.--
       (i) In general.--No provision of this title shall be 
     construed as modifying, limiting, or otherwise affecting the 
     authority of the Federal Trade Commission under the Federal 
     Trade Commission Act or any other law, other than the 
     authority under an enumerated consumer law to prescribe 
     rules, issue official guidelines, or conduct a study or issue 
     a report mandated under such law.
       (ii) Commission authority relating to rules prescribed by 
     the bureau.--Subject to subtitle B, the Federal Trade 
     Commission shall have authority to enforce under the Federal 
     Trade Commission Act (15 U.S.C. 41

[[Page 8308]]

     et seq.) a rule prescribed by the Bureau under this title 
     with respect to a covered person subject to the jurisdiction 
     of the Federal Trade Commission under that Act, and a 
     violation of such a rule by such a person shall be treated as 
     a violation of a rule issued under section 18 of that Act (15 
     U.S.C. 57a) with respect to unfair or deceptive acts or 
     practices.
       (D) Coordination.--To avoid duplication of or conflict 
     between rules prescribed by the Bureau under section 1031 of 
     this title and the Federal Trade Commission under section 
     18(a)(1)(B) of the Federal Trade Commission Act that apply to 
     a covered person or service provider with respect to the 
     offering or provision of consumer financial products or 
     services, the agencies shall negotiate an agreement with 
     respect to rulemaking by each agency, including consultation 
     with the other agency prior to proposing a rule and during 
     the comment period.
       (E) Deference.--No provision of this title shall be 
     construed as altering, limiting, expanding, or otherwise 
     affecting the deference that a court affords to the--
       (i) Federal Trade Commission in making determinations 
     regarding the meaning or interpretation of any provision of 
     the Federal Trade Commission Act, or of any other Federal law 
     for which the Commission has authority to prescribe rules; or
       (ii) Bureau in making determinations regarding the meaning 
     or interpretation of any provision of a Federal consumer 
     financial law (other than any law described in clause (i)).
       On page 1382, beginning with line 5, strike through line 2 
     on page 1383 and insert the following:
       (c) Federal Trade Commission.--Section 1061(b)(5) does not 
     affect the validity of any right, duty, or obligation of the 
     United States, the Federal Trade Commission, or any other 
     person, that--
       (1) arises under any provision of law relating to any 
     consumer financial protection function of the Federal Trade 
     Commission transferred to the Bureau by this title; and
       (2) existed on the day before the designated transfer date.
       On page 1396, line 24, strike ``FTC''.
       On page 1397, line 1, strike ``the Federal Trade 
     Commission,''.

  Mr. ROCKEFELLER. Mr. President, at its very core, this amendment is 
about protecting consumers. It is about making sure the Federal Trade 
Commission has the authority to act in coordination with the new 
Consumer Financial Protection Bureau, which is created in the 
underlying bill.
  This amendment would equip the FTC to cover dangerous gaps in 
consumer protection and to go after dishonest, fly-by-night operators 
targeting our society's weakest members. In the Commerce Committee, we 
discovered those folks are frequent and everywhere.
  For nearly 100 years, the FTC has been protecting consumers in the 
gray areas where other regulatory bodies have failed to act. This 
amendment will make sure the situation of the FTC and its ability to 
act does not change. Since 1914, the Federal Trade Commission has 
served the American public as our preeminent consumer watchdog. The 
Commission's core consumer protection mission is to enforce and 
regulate against ``unfair or deceptive acts or practices in or 
affecting interstate commerce.'' This broad prohibition is at the heart 
of the FTC's underlying authority under its authorizing statute, the 
Federal Trade Commission Act.
  This bipartisan amendment is very simple. It is a savings clause. 
That is really all it is. It fully preserves the FTC's enforcement and 
regulatory authority under the FTC Act as it is today. The underlying 
bill creates a new consumer protection bureau within the Federal 
Reserve, and I fully support that effort. But creating that new bureau 
should not come at the expense of the FTC's mission, which is consumer 
protection, which is not, incidentally, a zero sum game.
  I emphasize that this amendment is hardly a novel concept. Throughout 
the FTC's long, distinguished history, Congress has created new 
regulatory agencies that have overlapped with the FTC's core authority 
and jurisdiction. The list runs from the Securities and Exchange 
Commission and the Food and Drug Administration to the Environmental 
Protection Agency and the Consumer Product Safety Commission. But in 
order to maximize consumer protection, Congress has always preserved 
the FTC's authority under the FTC Act, and this latest effort should be 
no different. Yet the underlying bill currently strips the FTC of its 
authority and places it within the new bureau, undermining its consumer 
protection mission and creating, in this Senator's judgment, dangerous 
holes in our regulatory safety net. That is because the definition and 
boundaries of the term ``financial products and services''--the ruling 
definition--are entirely vast and entirely vague. Anyone can avoid 
enforcement simply by claiming they are beyond the FTC's or the new 
bureau's jurisdiction. Fraudsters and scam artists could and most 
certainly would tie the courts up in knots. Concurrent authority would 
solve this problem.
  What is more, there is too much financial fraud out there to take a 
valuable cop off the beat. The FTC has particular expertise in cracking 
down on bad actors who fleece ordinary Americans of their hard-earned 
money.
  I think it is clear that these small-time crooks would not be at the 
top of the new bureau's priority list. They will have many things to 
do. It is just common sense to preserve the FTC's existing authority 
against these people.
  Simply put, the new consumer protection bureau cannot do everything. 
Neither can the FTC. There will be plenty of work to go around for both 
agencies.
  I wish to be absolutely clear about something. This amendment would 
not subject businesses to dual regulations. As I said earlier, the FTC 
has always coexisted with newly created agencies, and they have avoided 
tripping over one another with conflicting regulations or enforcement 
actions. To make absolutely certain this does not happen, the 
amendment, as modified, directs the FTC and the new bureau to enter 
into a memorandum of understanding and coordinate their regulatory 
efforts. That is sensible. The bottom line is that businesses will not 
be subject to multiple layers of regulation or rules.
  I close by thanking particularly Senator Hutchison, Senator Dorgan, 
and Senator Pryor for their steadfast support and effort, and, of 
course, Chairman Dodd, who has worked long and hard, it seems to me, 
for months on end, never moving from that seat. He has been crucial in 
working with me on this issue and with Senator Hutchison.
  So many of the enormous economic problems we face today are a direct 
result of weak consumer protections in the financial sector. It is the 
hard-working families in places such as West Virginia and many other 
places all across the country who are hurt the most. They are 
struggling just to scrape by, to pay their bills, and to put food on 
the table. It is so hard to know, frankly, whom to trust. They need to 
know somebody is by their side looking out for them. The Restoring 
American Financial Stability Act of 2010 will be that safeguard. It is 
a profound achievement that will make a real and lasting difference in 
the lives of hard-working Americans for generations to come. Our 
amendment is a small but essential part of that work to make sure 
consumers are protected.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I will not go into the specifics of 
the Rockefeller-Hutchison amendment because the distinguished chairman 
of the Commerce Committee said it very well. Let me make a couple of 
other points to show what I think is the important reason for this 
amendment to be adopted.
  Over the past 5 years the Federal Trade Commission has filed over 100 
actions against providers of financial services, and in the past 10 
years the Commission has obtained nearly $\1/2\ billion in redress for 
consumers of financial services. In 2009 alone, the FTC and the States, 
working in close coordination, brought more than 200 cases against 
firms that pedaled phony mortgage modification and foreclosure rescue 
scams. Despite these successes, the substitute that is before us would 
transfer all consumer protection functions of the FTC to the newly 
created Consumer Financial Protection Bureau.
  The FTC, in a bipartisan letter signed by all five Commissioners, has 
expressed concern that the current

[[Page 8309]]

Senate language could inadvertently restrict the ability of the FTC to 
work with this new financial protection bureau to stop unfair and 
deceptive practices that prey on consumers of financial products and 
services. The FTC has warned that the current bill, which grants the 
new agency exclusive rulemaking and enforcement authority in several 
areas, could even inhibit the FTC's authority in consumer protection 
with respect to consumer protection laws of nonfinancial products and 
services.
  The bottom line is, I do not think it was the intention of the bill 
to take away from the FTC the authority and the record they have. It is 
important that they have a record in this area. They have experience. 
They have experienced staff. And we do not need to reinvent the wheel. 
We do not need another whole agency to do the same things the FTC 
already does.
  It also is confusing to the regulator. It is confusing when they have 
two agencies. They may have conflicting rules. Sometimes, as a 
businessperson, I have been in a position where two agencies have 
rulings that if you do what one ruling says, the other agency's ruling 
would be violated. That is unfair to our small businesses. It is unfair 
to the regulated entities not to have one regulatory authority that 
does not in any way have a double burden or make a double burden on the 
regulated. We need to keep commerce going and we also need to protect 
consumers and our amendment will ensure that happens. So I am very 
pleased to be a cosponsor.
  I will say the leadership for this amendment certainly resided with 
the chairman of the Commerce Committee, the distinguished Presiding 
Officer in the chair now, and also I appreciate that Chairman Dodd and 
Ranking Member Shelby worked on this amendment to make sure it was 
written in the correct way and that the FTC will keep its basic 
authority it has now. It will not get new authority, and it will not 
have authority taken away. It will just be that their staff and their 
experience will be utilized--and certainly in a more fair way--and 
particularly in nonfinancial institutions consumers will have the 
protection of the FTC, where they are the relevant agency, rather than 
transferring to a new agency that is going to be set up and that 
doesn't even have rules yet, much less staff.
  So I think it is a good amendment, and I appreciate the leadership of 
the distinguished chairman, Senator Rockefeller.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Rockefeller). The clerk will call the 
roll.
  Mr. DODD. Mr. President, I ask unanimous consent to withhold the 
quorum call.
  The PRESIDING OFFICER. Without objection, it is withheld.
  Mr. DODD. Mr. President, I wish to take a minute or so to thank both 
the Presiding Officer and the author of this amendment, along with his 
coauthor and my good friend, the distinguished Senator from Texas.
  This is a good amendment, as my colleague from West Virginia has 
pointed out. The role of the Federal Trade Commission has been 
critically important and goes back a long time. I often cite to people 
that one of my favorite pieces of statuary is outside the Federal Trade 
Commission. It is an explanation of what the free enterprise system is 
and how it is supposed to work. It is a rather dated piece of 
sculpture, goes back I think to the Depression era, and it shows that 
very powerful horse straining at the bit, trying to charge forward, and 
a rather muscular farmer holding the horse back. You are not quite 
sure, looking at the piece of statuary, whether the horse is going to 
win or the farmer is going to win, which is about as good a visual 
expression as we have of our free enterprise system.
  We want a robust free enterprise system that is charging forward, 
creating new ideas and innovations in order to allow jobs to be created 
and wealth to be created. At the same time, we realize we have to have 
that regulator in place to make sure it doesn't run wild, in the sense 
that everyone else could be adversely affected by it. So I have always 
thought that particular piece of statuary captured the essence of what 
our free enterprise system is that sits outside the FTC.
  I think this amendment strengthens the bill and is a very worthwhile 
addition to it. So I thank both my colleagues for their indulgence and 
their patience as we took a little time to get to this.
  Either we will have a recorded vote or a voice vote, as soon as the 
leadership decides how they want to handle that in the next hour or so.
  Why don't we do this. If there is no objection, we will go to it, and 
I will call the question.
  The PRESIDING OFFICER. Is there further debate on the amendment?
  If not, the question is on agreeing to the amendment, as modified.
  The amendment (No. 3758), as modified, was agreed to.
  Mr. DODD. I move to reconsider the vote and to lay that motion on the 
table.
  The motion to lay on the table was agreed to.
  Mr. DODD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


         Amendment No. 3746, as Modified, to Amendment No. 3739

  Mr. WHITEHOUSE. Mr. President, may I ask for regular order with 
respect to my pending amendment, No. 3746.
  The PRESIDING OFFICER. The amendment is now pending.
  Mr. WHITEHOUSE. Mr. President, I offer a modification.
  The PRESIDING OFFICER. The amendment is so modified.
  The amendment (No. 3746), as modified, is as follows:

       On page 1320, strike line 23 and all that follows through 
     the end of the undesignated matter on page 1321 between lines 
     17 and 18 and insert the following:
       ``(g) Transparency of OCC Preemption Determinations.--The 
     Comptroller of the Currency shall publish and update not less 
     frequently than quarterly, a list of preemption 
     determinations by the Comptroller of the Currency then in 
     effect that identifies the activities and practices covered 
     by each determination and the requirements and constraints 
     determined to be preempted.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     one of title LXII of the Revised Statutes of the United 
     States is amended by inserting after the item relating to 
     section 5136B the following new item:

``Sec. 5136C. State law preemption standards for national banks and 
              subsidiaries clarified.''.

       (c) Usurious Lenders.--Section 5197 of the Revised Statutes 
     of the United States (12 U.S.C. 85) is amended--
       (1) by striking ``Any association'' and inserting the 
     following:
       ``(a) In General.--Any association''; and
       (2) by adding at the end the following:
       ``(b) Limits on Annual Percentages Rates.--Effective 12 
     months after the date of enactment of this subsection, the 
     interest applicable to any consumer credit transaction, as 
     that term is defined in section 103 of the Truth in Lending 
     Act (other than a transaction that is secured by real 
     property), including any fees, points, or time-price 
     differential associated with such a transaction, may not 
     exceed the maximum permitted by any law of the State in which 
     the consumer resides. Nothing in this section may be 
     construed to preempt an otherwise applicable provision of 
     State law governing the interest in connection with a 
     consumer credit transaction that is secured by real 
     property.''.

  Mr. WHITEHOUSE. Mr. President, I yield the floor.


                Amendment No. 3884 to Amendment No. 3739

  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Mr. President, I ask unanimous consent to call up the 
Cantwell-McCain amendment, No. 3884.
  The PRESIDING OFFICER. Is there objection?
  If not, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Connecticut [Mr. Dodd], for Ms. Cantwell, 
     for herself and Mr. McCain, Mr. Kaufman, Mr. Harkin, Mr. 
     Feingold, and Mr. Sanders, proposes amendment No. 3884 to 
     amendment No. 3739.

  The amendment is as follows:

[[Page 8310]]



   (Purpose: To impose appropriate limitations on affiliations with 
                         certain member banks)

       At the end of subtitle C of title I, add the following:

     SEC. 171. LIMITATIONS ON BANK AFFILIATIONS.

       (a) Limitation on Affiliation.--The Banking Act of 1933 (12 
     U.S.C. 221a et seq.) is amended by inserting before section 
     21 the following:
       ``Sec. 20.  Beginning 1 year after the date of enactment of 
     the Restoring American Financial Stability Act of 2010, no 
     member bank may be affiliated, in any manner described in 
     section 2(b), with any corporation, association, business 
     trust, or other similar organization that is engaged 
     principally in the issue, flotation, underwriting, public 
     sale, or distribution at wholesale or retail or through 
     syndicate participation stocks, bonds, debenture, notes, or 
     other securities, except that nothing in this section shall 
     apply to any such organization which shall have been placed 
     in formal liquidation and which shall transact no business, 
     except such as may be incidental to the liquidation of its 
     affairs.''.
       (b) Limitation on Compensation.--The Banking Act of 1933 
     (12 U.S.C. 221 et seq.) is amended by inserting after section 
     31 the following:
       ``Sec. 32.  Beginning 1 year after the date of enactment of 
     the Restoring American Financial Stability Act of 2010, no 
     officer, director, or employee of any corporation or 
     unincorporated association, no partner or employee of any 
     partnership, and no individual, primarily engaged in the 
     issue, flotation, underwriting, public sale, or distribution, 
     at wholesale or retail, or through syndicate participation, 
     of stocks, bonds, or other similar securities, shall serve 
     simultaneously as an officer, director, or employee of any 
     member bank, except in limited classes of cases in which the 
     Board of Governors of the Federal Reserve System may allow 
     such service by general regulations when, in the judgment of 
     the Board of Governors, it would not unduly influence the 
     investment policies of such member bank or the advice given 
     to customers by the member bank regarding investments.''.
       (c) Prohibiting Depository Institutions From Engaging in 
     Insurance-related Activities.--
       (1) In general.--Beginning 1 year after the date of 
     enactment of this Act, and notwithstanding any other 
     provision of law, in no case may a depository institution 
     engage in the business of insurance or any insurance-related 
     activity.
       (2) Definition.--As used in this section, the term 
     ``business of insurance'' means the writing of insurance or 
     the reinsuring of risks by an insurer, including all acts 
     necessary to such writing or reinsuring and the activities 
     relating to the writing of insurance or the reinsuring of 
     risks conducted by persons who act as, or are, officers, 
     directors, agents, or employees of insurers or who are other 
     persons authorized to act on behalf of such persons.

  Mr. DODD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Burris). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that at 
5:30 p.m. today, the Senate proceed to vote in relation to the 
following amendments in the order listed; that after the first vote 
there be 2 minutes of debate prior to the succeeding votes, with the 
succeeding votes limited to 10 minutes in duration: the Crapo 
amendment, No. 4020; the Cornyn amendment, No. 3986; the Udall of 
Colorado amendment, No. 4016; provided further that no amendment be in 
order to any of the amendments covered in this agreement prior to a 
vote in relation thereto.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. UDALL of Colorado. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DODD. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER (Mr. Franken). Without objection, it is so 
ordered.


                           Amendment No. 4020

  Mr. DODD. Mr. President, I understand I have 2 minutes; is that 
correct?
  The PRESIDING OFFICER. There is not a formal order.
  Mr. DODD. Let me be brief.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, I have a tremendously high regard for my 
colleague from Idaho. We serve on the Banking Committee together. He is 
more than just a member; he is an excellent member of the committee and 
brings great knowledge in the area of financial services. It is always 
with reluctance that one disagrees with someone they admire. I thank 
him for his work. For the last 38 or 39 months I have been chairman he 
has been a very valuable asset to our committee and a solid thinker.
  We have had a couple amendments already--the Ensign amendment and the 
McCain amendments--on the GSEs. We have had three amendments because I 
offered a side-by-side amendment on the government-sponsored 
enterprises, including Fannie Mae and Freddie Mac. Clearly, all of us, 
without exception, understand we must have reform of the GSEs. We need 
an alternative to the housing financing system. The present one is not 
working. We also understand in the absence of it, we would be in deep 
trouble in terms of housing issues today.
  The Senate has spoken on the importance of addressing the issue. My 
colleague from New Hampshire said it well when we were debating whether 
to include this. As he pointed out, this was so complex an issue, no 
one really had an alternative idea as to how to come up with a housing 
financing system, and to include one in this bill would have been 
difficult. We have debated that. But aside from the substantive issue, 
the pending amendment deals with a matter within the Budget Committee's 
jurisdiction.
  Therefore, I raise a point of order that the pending amendment 
violates section 306 of the Congressional Budget Act of 1974.
  For those reasons, the point of order should lie against this, aside 
from the substantive debate we have already had and the full awareness 
that we must address this issue in the coming Congress if we are going 
to be successful in dealing with Fannie Mae and Freddie Mac. For those 
reasons, I raise the point of order.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAPO. Mr. President, pursuant to section 904 of the 
Congressional Budget Act of 1974 and section 4(g)(3)of the Statutory 
Pay-As-You-Go Act of 2010, I move to waive all applicable sections of 
those acts and applicable budget resolutions for purposes of my 
amendment and ask for the yeas and nays.
  I also ask unanimous consent that I have an equivalent amount of time 
to respond on the amendment before we vote.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.
  Mr. BYRD. Mr. President, I oppose the Crapo amendment because of the 
limitations that it would impose on Fannie Mae and Freddie Mac.
  These institutions have been very helpful to homeowners in West 
Virginia who are seeking home loan modifications. I do not believe this 
is the right time to be limiting the assistance that Fannie Mae and 
Freddie Mac can offer to struggling homeowners in paying for their 
mortgages and keeping their homes.
  Mr. CRAPO. Mr. President, as the Senator from Connecticut indicated--
and I appreciate his kind remarks--we have had several votes on the GSE 
issue. Remarkably, this Senate continues to refuse to deal with Fannie 
and Freddie, the core issue of the problem on the bill we are debating. 
Fannie and Freddie are nowhere to be seen in the legislation. 
Recognizing that the Senate has refused in its votes to allow us to try 
to focus on Fannie and Freddie, which are the biggest bailouts of all--
in fact, the bailouts of Fannie and Freddie are more in volume and cost 
to the taxpayers than all other bailouts combined--this amendment 
simply says: Let's be honest with the American taxpayer and at least 
put the debt that Fannie and Freddie are now becoming responsible for 
on our calculations of the national debt.
  CBO Director Douglas Elmendorf said:


[[Page 8311]]

       After the U.S. government assumed control in 2008 of Fannie 
     Mae and Freddie Mac--two federally chartered institutions 
     that provide credit guarantees for almost half of the 
     outstanding residential mortgages in the U.S.--the 
     Congressional Budget Office concluded that the institutions 
     had effectively become government entities whose operations 
     should be included in the federal budget.

  This amendment simply says: Let's put the calculations of debt for 
which taxpayers are now on the hook, which now totals over $130 
billion, which we are told is going to rise to $381 billion, and the 
debt, which is over $1.5 trillion, of these two institutions that is 
now on their books, let's put it in our calculation of the national 
debt.
  We are not asking to solve the problem in the bill with this 
amendment. We fought that last week. This simply says let's put it on 
the national debt.
  I urge colleagues to support the amendment.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The question is on agreeing to the motion. The yeas and nays have 
been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich), the 
Senator from Iowa (Mr. Harkin), the Senator from Delaware (Mr. 
Kaufman), the Senator from Arkansas (Mrs. Lincoln), the Senator from 
New Hampshire (Mrs. Shaheen), and the Senator from Pennsylvania (Mr. 
Specter) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  Further, if present and voting, the Senator from Alaska (Ms. 
Murkowski) would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 47, nays 46, as follows:

                      [Rollcall Vote No. 151 Leg.]

                                YEAS--47

     Alexander
     Barrasso
     Bayh
     Bennet
     Bennett
     Bond
     Brown (MA)
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kohl
     Kyl
     LeMieux
     Lugar
     McCain
     McConnell
     Nelson (NE)
     Pryor
     Risch
     Roberts
     Sessions
     Shelby
     Snowe
     Thune
     Udall (CO)
     Vitter
     Voinovich
     Wicker

                                NAYS--46

     Akaka
     Baucus
     Bingaman
     Boxer
     Brown (OH)
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Dodd
     Dorgan
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Inouye
     Johnson
     Kerry
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Stabenow
     Tester
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--7

     Begich
     Harkin
     Kaufman
     Lincoln
     Murkowski
     Shaheen
     Specter
  The PRESIDING OFFICER. On this vote, the yeas are 47, the nays are 
46. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is not agreed to. The point of order is 
sustained, and the amendment falls.
  The Senator from Connecticut.


                           Amendment No. 3986

  Mr. DODD. Mr. President, as I understand it, the next vote will occur 
on the Cornyn amendment.
  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to the vote in relation to 
amendment No. 3986 offered by the Senator from Texas, Mr. Cornyn.
  Mr. DODD. Mr. President, let me say, if I may--I am looking to the 
leader here, if I can find him--I believe this will be the last 
recorded vote this evening. There will be potentially a couple of voice 
votes after this on matters involving, one, Senator Bond's amendment 
that I am cosponsoring with him, along with Senator Warner and Senator 
Corker--this will be the last recorded vote, but there will be a voice 
vote on the angel investor amendment Senator Bond is interested in, and 
there will be a vote on the amendment offered by Senator Udall of 
Colorado dealing with credit scores that I believe we all can support 
as well. Then we will be laying down a Lugar-Cardin or Cardin-Lugar 
amendment for discussion this evening, with a possible vote in the 
morning. Then we will be working this evening, Senator Shelby and I, to 
try to lay out some amendments tomorrow to give people a clear picture 
as to what the roadmap will be for tomorrow as well.
  So with that, I turn to Senator Cornyn.
  Mr. CORNYN. Mr. President, I will make two points. No. 1: This 
amendment will help protect American taxpayers from bailouts of foreign 
governments. Greece is going to get $40 billion in loans from the IMF, 
out of which $7 billion is attributable to the contributions of the 
American taxpayer. They shouldn't have to do that unless we have an 
assurance we will be paid back.
  The second point is that Greece's current public debt relative to its 
gross domestic product is 115 percent--meaning it owes more money than 
its entire economy produces.
  Under the President's budget, in 2020, looking at the same metric for 
the U.S. Government--our debt will be 90 percent of our gross domestic 
product. If we are not careful, America will turn into Greece and need 
a bailout, except there won't be anybody there to bail us out, 
including the American taxpayer.
  I ask my colleagues to support the amendment.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Mr. President, I intend to support the Cornyn amendment, 
and I ask my colleagues to do so as well. Our colleague from 
Massachusetts, the chairman of the Foreign Relations Committee, Senator 
Kerry, has raised some very legitimate issues about the amendment that 
may need to be worked on as we move forward in our conference. But I 
believe the thrust of the amendment is a correct one. We are concerned 
about some very poor countries that may be in a different position, 
including some additional thought that may need to be put into that, 
and I respect the concerns raised by the Senator from Massachusetts.
  I believe this is a good amendment deserving of our support; 
therefore, I ask for the yeas and nays and ask my colleagues to support 
the Cornyn amendment.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich), the 
Senator from Iowa (Mr. Harkin), the Senator from Arkansas (Mrs. 
Lincoln), the Senator from New Hampshire (Mrs. Shaheen), and the 
Senator from Pennsylvania (Mr. Specter) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  Further, if present and voting, the Senator from Alaska (Ms. 
Murkowski) would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 94, nays 0, as follows:

                      [Rollcall Vote No. 152 Leg.]

                                YEAS--94

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Brownback
     Bunning
     Burr
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl

[[Page 8312]]


     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lieberman
     Lugar
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--6

     Begich
     Harkin
     Lincoln
     Murkowski
     Shaheen
     Specter
  The amendment (No. 3986) was agreed to.
  Mr. DODD. Mr. President, I move to reconsider the vote and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DODD. Mr. President, there are two amendments I am aware of. The 
next order of business is the amendment by the Senator from Colorado, 
Mr. Udall.
  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote in relation to 
amendment No. 4016, offered by the Senator from Colorado, Mr. Udall.
  The Senator from Colorado is recognized.
  Mr. UDALL of Colorado. Mr. President, we have had a lot of spirited 
debate on the floor about the Wall Street Accountability Act, and there 
have been some differences. One area we all agree on is that we ought 
to empower consumers with this important piece of legislation.
  The amendment I am offering with Senator Lugar does just that. It 
provides that if you are turned down for credit because you have 
applied for a loan or you have a higher loan rate, you will have access 
to your credit score, your FICO score.
  I believe this will empower consumers, increase financial literacy in 
our country, and it is a win-win across the board. I want to thank the 
group of Senators--some 20-plus--who supported this amendment. I 
particularly thank the chairman, Senator Dodd, for his yeoman's work. I 
urge an ``aye'' vote on this important amendment.
  I yield the floor.
  Mr. DODD. Mr. President, I thank Senator Udall. He has done a great 
job on this with Senator Lugar. They made an alternative suggestion 
that would allow the release of these credit scores on a transactional 
basis for the purchase of a automobile or a home, so you will get to 
know what the credit score is, and that will be a great value.
  I urge adoption of the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 4016) was agreed to.
  Mr. DODD. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DODD. Mr. President, I believe the Bond-Warner-Corker amendment 
is next.


                            Cloture Motions

  Mr. REID. Mr. President, I have two cloture motions at the desk.
  The PRESIDING OFFICER. The cloture motions having been presented 
under rule XXII, the Chair directs the clerk to read the motions.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Dodd substitute 
     amendment No. 3739 to S. 3217, the Restoring American 
     Financial Stability Act of 2010.
         Harry Reid, Christopher J. Dodd, Tim Johnson, Jack Reed, 
           Jon Tester, Charles E. Schumer, Patty Murray, Daniel K. 
           Inouye, Kent Conrad, John F. Kerry, Roland W. Burris, 
           Mark R. Warner, Daniel K. Akaka, Sheldon Whitehouse, 
           John D. Rockefeller IV, Michael F. Bennet.

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on S. 3217, the 
     Restoring American Financial Stability Act of 2010.
         Harry Reid, Christopher J. Dodd, Tim Johnson, Jack Reed, 
           Jon Tester, Charles E. Schumer, Patty Murray, Daniel K. 
           Inouye, Kent Conrad, John F. Kerry, Roland W. Burris, 
           Mark R. Warner, Daniel K. Akaka, John D. Rockefeller 
           IV, Sheldon Whitehouse, Michael F. Bennet.

  Mr. REID. Mr. President, I have conferred with the Republican leader. 
We are going to process as many amendments tonight as we can, and all 
day tomorrow. Hopefully, we will be able to work on these Wednesday, 
also. I hope everybody considers this bill as not having been 
completed. We will move forward with whatever amendments are 
appropriate.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.


                Amendment No. 4056 to Amendment No. 3739

  Mr. DODD. Mr. President, I ask unanimous consent that the amendment 
offered by Senators Bond, Warner, Corker, and myself be considered.
  The PRESIDING OFFICER. Is there objection?
  Mr. WYDEN. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the agreement 
be modified to include the Wyden-Grassley amendment No. 4019 to finally 
end secret holds and add that amendment to the list of amendments 
included in the agreement.
  I point out that last Thursday, the Wyden-Grassley amendment was 
pending to the financial reform bill, and it was ready for a vote by 
the Senate. Then at the last minute, out of nowhere, this bipartisan 
effort was blindsided without any notice whatever by a second-degree 
amendment that effectively prevented a vote to open government and end 
secret holds.
  In light of what happened, I think it is only fair that this 
bipartisan amendment be given the opportunity for a vote as part of 
this consent agreement.
  I also wish to make it clear that, in my view, anyone who objects to 
adding the bipartisan Wyden-Grassley amendment to this agreement is 
objecting to ending secret holds. They are objecting to even have a 
vote in the Senate on ending secret holds, therefore, allowing the 
Senate to continue to operate in secret and against ending this 
indefensible denial of the public's right to know.
  Therefore, I ask unanimous consent that the agreement be modified to 
add the Wyden-Grassley amendment to end secret holds, and it is No. 
4019.
  The PRESIDING OFFICER. Is there objection to the modification?
  Mr. RISCH. Reserving the right to object, I do not have any problem 
with the substance, but I know Senator DeMint has serious issues with 
it. We would like to have an opportunity to talk with him.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator does not have the floor.
  Mr. RISCH. I object.
  The PRESIDING OFFICER. Objection is heard.
  Is there objection to the original request of the Senator from 
Connecticut?
  Without objection, it is so ordered.
  The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Connecticut [Mr. Dodd], for Mr. Bond, for 
     himself, Mr. Dodd, Mr. Warner, Mr. Brown of Massachusetts, 
     Ms. Cantwell, Mr. Begich, Mrs. Murray, and Mr. Corker, 
     proposes an amendment numbered 4056 to amendment No. 3739.

  Mr. DODD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

           (Purpose: To improve section 412 and section 926)

       On page 387, strike line 13 and all that follows through 
     page 388, line 3, and insert the following:

     SEC. 412. ADJUSTING THE ACCREDITED INVESTOR STANDARD.

       (a) In General.--The Commission shall adjust any net worth 
     standard for an accredited investor, as set forth in the 
     rules of the Commission under the Securities Act of 1933, so 
     that the individual net worth of any natural person, or joint 
     net worth with the spouse of that person, at the time of 
     purchase, is more than $1,000,000 (as such amount is adjusted 
     periodically by rule of the Commission), excluding the value 
     of the

[[Page 8313]]

     primary residence of such natural person, except that during 
     the 4-year period that begins on the date of enactment of 
     this Act, any net worth standard shall be $1,000,000, 
     excluding the value of the primary residence of such natural 
     person.
       (b) Review and Adjustment.--
       (1) Initial review and adjustment.--
       (A) Initial review.--The Commission may undertake a review 
     of the definition of the term ``accredited investor'', as 
     such term applies to natural persons, to determine whether 
     the requirements of the definition, excluding the requirement 
     relating to the net worth standard described in subsection 
     (a), should be adjusted or modified for the protection of 
     investors, in the public interest, and in light of the 
     economy.
       (B) Adjustment or modification.--Upon completion of a 
     review under subparagraph (A), the Commission may, by notice 
     and comment rulemaking, make such adjustments to the 
     definition of the term ``accredited investor'', excluding 
     adjusting or modifying the requirement relating to the net 
     worth standard described in subsection (a), as such term 
     applies to natural persons, as the Commission may deem 
     appropriate for the protection of investors, in the public 
     interest, and in light of the economy.
       (2) Subsequent reviews and adjustment.--
       (A) Subsequent reviews.--Not earlier than 4 years after the 
     date of enactment of this Act, and not less frequently than 
     once every 4 years thereafter, the Commission shall undertake 
     a review of the definition, in its entirety, of the term 
     ``accredited investor'', as defined in section 230.215 of 
     title 17, Code of Federal Regulations, or any successor 
     thereto, as such term applies to natural persons, to 
     determine whether the requirements of the definition should 
     be adjusted or modified for the protection of investors, in 
     the public interest, and in light of the economy.
       (B) Adjustment or modification.--Upon completion of a 
     review under subparagraph (A), the Commission may, by notice 
     and comment rulemaking, make such adjustments to the 
     definition of the term ``accredited investor'', as defined in 
     section 230.215 of title 17, Code of Federal Regulations, or 
     any successor thereto, as such term applies to natural 
     persons, as the Commission may deem appropriate for the 
     protection of investors, in the public interest, and in light 
     of the economy.
       On page 388, line 14, strike ``1 year'' and insert ``3 
     years''.
       On page 998, strike line 12 and all that follows through 
     page 1001, line 25, and insert the following:

     SEC. 926. DISQUALIFYING FELONS AND OTHER ``BAD ACTORS'' FROM 
                   REGULATION D OFFERINGS.

       Not later than 1 year after the date of enactment of this 
     Act, the Commission shall issue rules for the 
     disqualification of offerings and sales of securities made 
     under section 230.506 of title 17, Code of Federal 
     Regulations, that--
       (1) are substantially similar to the provisions of section 
     230.262 of title 17, Code of Federal Regulations, or any 
     successor thereto; and
       (2) disqualify any offering or sale of securities by a 
     person that--
       (A) is subject to a final order of a State securities 
     commission (or an agency or officer of a State performing 
     like functions), a State authority that supervises or 
     examines banks, savings associations, or credit unions, a 
     State insurance commission (or an agency or officer of a 
     State performing like functions), an appropriate Federal 
     banking agency, or the National Credit Union Administration, 
     that--
       (i) bars the person from--

       (I) association with an entity regulated by such 
     commission, authority, agency, or officer;
       (II) engaging in the business of securities, insurance, or 
     banking; or
       (III) engaging in savings association or credit union 
     activities; or

       (ii) constitutes a final order based on a violation of any 
     law or regulation that prohibits fraudulent, manipulative, or 
     deceptive conduct within the 10-year period ending on the 
     date of the filing of the offer or sale; or
       (B) has been convicted of any felony or misdemeanor in 
     connection with the purchase or sale of any security or 
     involving the making of any false filing with the Commission.

  Mr. BOND. Mr. President, I am pleased to rise today to discuss a 
bipartisan amendment critical to small business and job creation, 
amendment No. 4056.
  Thank you to my friend and colleague Senator Dodd for his leadership 
on this amendment. I am proud to cosponsor this amendment with Senators 
Dodd, Mark Warner, Scott Brown, Cantwell, Begich, and Murray.
  Senators on both sides of the aisle agree that Wall Street needs to 
be reformed to protect Main Street from a future crisis.
  Senators on both sides of the aisle can also agree that small 
business job creation is critical to our economic recovery and 
communities in my State of Missouri and across the Nation.
  That is what this bipartisan amendment is all about--protecting the 
small business startups that are so vital to job creation and economic 
development.
  Specifically, our amendment removes onerous regulations and 
restrictions in the financial reform bill that would have 
unintentionally stifled job creation.
  The provision would have unintentionally threatened small business 
startups by delaying and limiting the availability of essential seed 
capital from qualified investors.
  Our country's entrepreneurs need immediate access to capital as they 
work to move an idea from concept to production--especially when banks 
or traditional lenders may not be willing to extend large lines of 
credit to them.
  We want to encourage--not discourage--investors to take a chance on 
these entrepreneurs by providing seed capital to startups in hopes that 
the business will flourish and remain a viable company.
  Our amendment allows this investment and job creation to continue. 
With our amendment agriculture research and biotechnology startup 
companies like those in my State of Missouri, will continue to be the 
engine of job creation.
  We all agree that we must reform Wall Street, but we must not punish 
Main Street and the very small business startups that are so critical 
to job creation.
  This bipartisan amendment will help protect the small business 
startups vital to job creation across the country, and I urge my 
colleagues to support it.
  Mr. DODD. Mr. President, what I would like to do, if I may, I would 
like to make a statement on the Bond, et al, amendment. If my colleague 
from Oregon would like to make some comments about this consent request 
he made, if it is not too long, then I will reserve my time.
  The PRESIDING OFFICER. The Senator from Oregon.


                           Amendment No. 4019

  Mr. WYDEN. Mr. President, I thank the chairman of the committee. I 
intend to be very brief in my comments tonight. I thank the chairman 
for his indulgence.
  I note that Senator Grassley, who is on the floor, and I have 
prosecuted this cause for more open government in the Senate for over a 
decade. Senator McCaskill is here. She has tried relentlessly to do the 
same thing. I think it is very regrettable, because we have seen, once 
again, tonight, as we did on Thursday, that defenders of secret holds 
in the Senate continue to pull out all the stops, employ every tool in 
the toolbox to throw a monkey wrench into the effort to open the Senate 
to transparency and accountability.
  This has been a bipartisan effort. It has always been a bipartisan 
effort. I particularly credit my friend from Iowa, Senator Grassley, 
because when we talked about this over a decade, the two of us said we 
are going to make this bipartisan every step of the way because 
sometimes in the Senate you are in the minority, sometimes you are in 
the Senate as part of the majority, but the cause of open and 
transparent government ought to be available all the time. It should 
not matter who is in the majority and who is in the minority.
  I will say the American people are furious at the way business is 
done in Washington, DC. The fact that it has been impossible to even 
get an up-or-down vote on doing Senate business in public is a textbook 
case of why people are so angry.
  It is my intent to come with colleagues to the floor again and again 
and try to make sure that once and for all we change this pernicious 
practice, a practice that, in my view, is an indefensible violation of 
the public's right to know.
  At a minimum, every Senator ought to be on record publicly with 
respect to how they feel about doing the Senate's business in public. 
That is what this is all about.
  This is not complicated. A hold is one of the most powerful tools a 
Senator has. With a secret hold, one colleague

[[Page 8314]]

can keep the American people from even getting a peak at important 
Senate business. That is not right. That is not accountable government. 
That is not transparent government.
  What we ought to do--and I commend particularly Senator Grassley, 
Senator Inhofe, and Senator Collins on the other side of the aisle; 
Senator Udall has joined me in this effort, Senator Bennet--we have 
made this bipartisan every step of the way. It is time for an up-or-
down vote in the Senate with respect to ending secret holds.
  We have not even been able to get a direct vote, though we have been 
working now for weeks and weeks on a measure that is bipartisan. The 
American people want public business done in public, and they certainly 
want Democrats and Republicans to come together. That is what Senator 
Grassley and I have sought to do.
  It is unfortunate that, once again, there has been an objection 
tonight to doing public business in public. That is something that 
ought to change around here. There is a bipartisan group of us who are 
going to stay with it until it does.
  I particularly thank the bipartisan group of colleagues on the floor 
tonight, led by Senator Grassley and Senator McCaskill. We will be 
back, and we will be back at it until there is the kind of transparency 
and openness in the way the Senate does business so, once and for all, 
every hold in the Senate has a public owner. That is what this is all 
about. If you want to put a hold on a bill or a measure, as Senator 
Grassley has said, you ought to have the guts to go public. Every hold 
ought to have a public owner. We are going to stay with it until that 
happens.
  I express my appreciation again to the chairman of the Banking 
Committee who has, at a time when he has a very important piece of 
legislation on the floor, indulged this Senator repeatedly in giving me 
the opportunity to be on the floor and prosecute this cause for more 
openness and transparency. I thank my good friend, the chairman of the 
committee. He has done an excellent job on this bill. I appreciate the 
time tonight.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Mr. President, I ask unanimous consent to add Senator 
Tester of Montana as a cosponsor of amendment No. 4056, the Bond-Dodd, 
et al, amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, I should point out that Senator Brown of 
Massachusetts, Senator Cantwell, Senator Begich, and Senator Murray are 
cosponsors of that amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, I ask unanimous consent that the following 
be the next amendments in order: Senator Cardin and Senator Lugar, 
amendment No. 4050, and an amendment of Senator Corker of Tennessee 
regarding preemption, with a Senator Carper amendment side by side to 
the Corker amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 4056

  Mr. DODD. Mr. President, I am pleased to join my colleagues Senators 
Bond, Warner, Brown, Cantwell, Begich, Murray and Tester in offering 
this amendment to sections 412 and 926 to protect investors and promote 
capital formation.
  During the Banking Committee's hearings on the financial crisis, the 
North American Securities Administrators Association, NASAA, testified 
about a serious investor problem. A growing number of private placement 
are being used to defraud ``accredited investors.'' An investor is 
deemed ``accredited,'' or financially sophisticated and able to 
withstand investment losses, if he or she has $1 million in net worth, 
including the value of his or her home, or $200,000 in annual salary, 
amounts that have not been changed since 1982. ``Accredited investors'' 
are presumed to be able to fend for themselves, receive fewer 
protections, and are eligible to invest in private placements.
  Secretary William F. Galvin, the chief securities regulator of the 
Commonwealth of Massachusetts, stated that ``my office has seen a 
dramatic increase in the number of 506 [private placement] transactions 
sold to inexperienced investors who, on paper, may have met the 
accreditation standards but in reality didn't understand the 
investments, could not incur the risk of loss these transactions often 
entail and did not have the financial sophistication to monitor or 
evaluate their investments.''
  The committee was concerned to protect such investors, particularly 
those who fall victim to sellers who repeatedly engage in securities 
fraud.
  NASAA testified that:

       These offerings enjoy an exemption from registration under 
     federal securities law, so they receive virtually no 
     regulatory scrutiny even where the promoters or broker-
     dealers have a criminal or disciplinary history. As a result, 
     Rule 506 offerings have become the favorite vehicle under 
     Regulation D, and many of them are fraudulent.

  Regarding the ``accredited investor'' standard, NASAA testified that 
``[I]nflation has seriously eroded the efficacy of the existing 
thresholds in the definition of `accredited investor' since their 
adoption in 1982'' and supports periodic adjustments of these 
standards.
  For the past several weeks, I have worked with and consulted the 
North American Securities Administrators Association, Angel Capital 
Association, Private Equity Council and others, and I thank them. We 
have crafted language suited to protect investors from those 
unscrupulous persons while encouraging capital formation.
  New section 926 would disqualify felons and other ``bad actors'' who 
have violated Federal and State securities laws from continuing to take 
advantage of the rule 506 private placement process. This will reduce 
the danger of fraud in private placements.
  New section 412 would amend the ``accredited investor'' wealth 
threshold by excluding the value of an investor's primary residence. 
For example, a widow whose financial wealth was $1 million but had the 
majority of that in the value of her home and had a salary of less than 
$200,000, would not be deemed to be an ``accredited investor.'' 
Instead, she would benefit from the broader range of protections 
available generally to investors. There are several reasons for this 
change:
  The net worth test signals a person's ability to bear a loss. If the 
cushion for a loss is a person's home, a person making a bad investment 
could end up losing his or her home.
  Net worth is intended to be a proxy for financial experience and 
sophistication. Some people who own valuable homes may not be 
sophisticated investors.
  Furthermore, real estate prices have greatly appreciated since the 
net worth standard for accredited investors was adopted in 1982. 
Accordingly, many more investors are now able to meet the current 
thresholds based on the value of their homes than was the case in 1982, 
which is inconsistent with original regulatory intent.
  Also, the SEC would be directed to review the financial standards at 
least 4 years to make sure the standards stay relevant.
  I am pleased at the support the legislative proposals have received. 
The North American Securities Administrators Association on April 27, 
2010 issued a letter stating,

       We strongly support the adoption of a disqualification 
     provision to prevent recidivists from conducting securities 
     offerings under Regulation D, Rule 506 (a regulatory 
     exemption for private placements). This change would provide 
     much needed investor protection from securities law violators 
     and would not prevent legitimate issuers, including small 
     businesses, who use this exemption, to raise capital. 
     Participants in the Regulation D offerings are ``accredited 
     investors'' as established under SEC rules. The monetary 
     standards for determining who qualifies for ``accredited 
     investor'' status haven't changed since it was established in 
     1982 and inflation has rendered them almost meaningless. 
     Therefore, we support, at a minimum, excluding the investor's 
     primary residence from the net worth standard.

  The Angel Capital Association on April 21, 2010 issued a statement 
saying that ``[t]hese amendments will ensure that high growth 
entrepreneurs have access to a strong pool of angel capital

[[Page 8315]]

and that investors are better protected from fraud.''
  The purposes of sections 412 and 926 of the bill have been to better 
protect investors while facilitating capital formation. This amendment 
more completely accomplishes these goals.
  It is an important contribution Senator Bond has made, along with 
others, to this bill. It was never our intention at all. Startup 
companies need what are called angel investors who are critically 
important for startup ideas that do not necessarily attract the 
traditional capital to get behind them. People who step up and take a 
chance on new ideas deserve some special recognition. The fact is, they 
have played a very critical role in capital formation over the years.
  Therefore, I was pleased to be able to accept the amendment and make 
it a part of this bill. This will allow for efficient capital access 
for entrepreneurs and also provide fraud protection for investors.
  Mr. President, I ask unanimous consent to have printed in the Record 
a letter from the Angel Capital Association.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          [From the Angel Capital Association, Apr. 21, 2010]

 Angel Capital Association Supports Amendments to Financial Reform Bill


     Sen. Dodd's amendments allow for efficient capital access for 
     entrepreneurs and also improve fraud protection for investors

       Kansas City, MO.--The Angel Capital Association (ACA) 
     supports two amendments that we understand will be offered by 
     Sen Christopher Dodd on the Restoring American Financial 
     Stability Act of 2010. These amendments will ensure that high 
     growth entrepreneurs have access to a strong pool of angel 
     capital and that investors are better protected from fraud.
       ACA has been vocal in our concerns about this bill to date 
     as two of the original sections had the potential of 
     significantly reducing the number of accredited angel 
     investors and creating complicated and potentially expensive 
     regulations for entrepreneurs raising angel financing. ``It 
     is clear that concerns conveyed by ACA and many others about 
     hurting start-up businesses struck a chord with Sen. Dodd and 
     his staff,'' said Elizabeth Karter, ACA's public policy 
     committee chair and president of the Angel Investor Forum in 
     Connecticut. ``They have worked hard to improve the bill so 
     that it balances the importance of small business capital 
     formation while protecting angels and other types of private 
     investors from securities law violators.''
       The amendments bring new meanings to two sections of the 
     bill:
     Section 412: Adjusting the Accredited Investor Standard.
       The thresholds for ``accredited investor'' would stay the 
     same as they are currently, although the standard for net 
     worth of $1 million would now exclude the investor's primary 
     residence. While ACA would have preferred no adjustment to 
     the standard for angel investors, we believe this is a good 
     compromise.
       The act would also have the Securities and Exchange 
     Commission review the thresholds at least every four years, 
     with any adjustments considering the protection of investors, 
     the public interest and the state of the economy. ``We 
     appreciate the direction to consider the economic impact of 
     any adjustments to accredited investor standards in the 
     future, as we believe that innovative start-up businesses are 
     some of the most important creators of high quality jobs in 
     the country,'' said Karter.
     Section 926. Regulation D Offerings.
       The amendment deletes all previous language and 
     disqualifies individuals who have been determined to be ``bad 
     actors'' by Federal and State authorities from using 
     Regulation D 506 private offerings (which include angel 
     investments, but many other types of investments as well).
       ``ACA particularly likes this amendment because not only 
     does it increase investor protections, but it ensures uniform 
     regulation of these private offerings across the United 
     States and it keeps the reporting requirements for 
     entrepreneurs the same as they are currently. The current 
     uniform system is efficient for small businesses that attract 
     angel capital,'' said Marianne Hudson, executive director of 
     ACA.

  Mr. DODD. Mr. President, I thank Senator Bond. He is the initiator of 
the idea. Others joined with him. It is, again, a strong contribution 
to this bill.
  I see my colleagues from Indiana, Kansas, and Maryland. I yield the 
floor.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent to be added as 
a cosponsor of the Bond amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3789, as Further Modified

  Mr. BROWNBACK. Mr. President, I call up in the regular order my 
amendment No. 3789 and send a modification to the desk.
  The PRESIDING OFFICER. The amendment No. 3789 is now pending. It is 
further modified.
  The amendment, as further modified, is as follows:

(Purpose: To provide for an exclusion from the authority of the Bureau 
of Consumer Financial Protection for certain automobile manufacturers, 
                        and for other purposes)

       At the end of subtitle B of title X, add the following:

     SEC. 1030. EXCLUSION FOR AUTO DEALERS.

       (a) In General.--The Director and the Bureau may not 
     exercise any rulemaking, supervisory, enforcement, or any 
     other authority, including authority to order assessments 
     over a motor vehicle dealer that is predominantly engaged in 
     the sale and servicing of motor vehicles, the leasing and 
     servicing of motor vehicles, or both.
       (b) Certain Functions Excepted.--The provisions of 
     subsection (a) shall not apply to any person, to the extent 
     that such person--
       (1) provides consumers with any services related to 
     residential or commercial mortgages and self-financing 
     transactions involving real property;
       (2) operates a line of business that involves the extension 
     of retail credit or retail leases involving motor vehicles, 
     and in which--
       (A) the extension of retail credit or retail leases are 
     provided directly to consumers; and
       (B) the contract governing such extension of retail credit 
     or retail leases is not predominantly assigned to a third-
     party finance or leasing source; or
       (3) offers or provides a consumer financial product or 
     service not involving or related to the sale, financing, 
     leasing, rental, repair, refurbishment, maintenance, or other 
     servicing of motor vehicles, motor vehicle parts, or any 
     related or ancillary product or service.
       (c) No Impact on Prior Authority.--Nothing in this section 
     shall be construed to modify, limit, or supersede the 
     rulemaking or enforcement authority over motor vehicle 
     dealers that could be exercised by any Federal department or 
     agency on the day before the date of enactment of this Act.
       (d) No Transfer of Certain Authority.--Notwithstanding any 
     other provision of this Act, the consumer financial 
     protection functions of the Board of Governors and the 
     Federal Trade Commission shall not be transferred to the 
     Director or the Bureau to the extent such functions are with 
     respect to a person described under subsection (a).
       (e) Coordination With Office of Service Member Affairs.--
     The Board of Governors and the Federal Trade Commission shall 
     coordinate with the Office of Service Member Affairs, to 
     ensure that--
       (1) service members and their families are educated and 
     empowered to make better informed decisions regarding 
     consumer financial products and services offered by motor 
     vehicle dealers, with a focus on motor vehicle dealers in the 
     proximity of military installations; and
       (2) complaints by service members and their families 
     concerning such motor vehicle dealers are effectively 
     monitored and responded to, and where appropriate, 
     enforcement action is pursued by the authorized agencies.
       (f) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Motor vehicle.--The term ``motor vehicle'' means--
       (A) any self-propelled vehicle designed for transporting 
     persons or property on a street, highway, or other road;
       (B) recreational boats and marine equipment;
       (C) motorcycles;
       (D) motor homes, recreational vehicle trailers, and slide-
     in campers, as those terms are defined in sections 571.3 and 
     575.103 (d) of title 49, Code of Federal Regulations, or any 
     successor thereto; and
       (E) other vehicles that are titled and sold through 
     dealers.
       (2) Motor vehicle dealer.--The term ``motor vehicle 
     dealer'' means any person or resident in the United States, 
     or any territory of the United States, who is licensed by a 
     State, a territory of the United States, or the District of 
     Columbia to engage in the sale of motor vehicles.

  Mr. BROWNBACK. Mr. President, I am not going to talk on this 
amendment now. This is the amendment about the auto dealers and that 
they only be regulated at one time and at one place. That is what we 
are trying to get to.
  I hope we can get to a majority vote on this amendment. I think that 
would be appropriate. It is a major issue, and I look forward to, at 
some point in time, when we are considering this bill,

[[Page 8316]]

having a vote on it with a majority, not a supermajority, requirement.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.


                Amendment No. 4050 to Amendment No. 3739

  Mr. CARDIN. Mr. President, I call up amendment No. 4050.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Maryland [Mr. Cardin], for himself, Mr. 
     Lugar, Mr. Durbin, Mr. Schumer, Mr. Feingold, Mr. Merkley, 
     Mr. Johnson, and Mr. Whitehouse, proposes an amendment 
     numbered 4050 to amendment No. 3739.

  Mr. CARDIN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To require the disclosure of payments by resource extraction 
                                issuers)

       On page 1187, line 9, strike ``effective.'' insert the 
     following: ``effective.

                Subtitle K--Resource Extraction Issuers

     SEC. 995. FINDINGS.

       Congress finds the following:
       (1) It is in the interest of the United States to promote 
     good governance in the extractive industries sector. 
     Transparency in revenue payments benefits oil, gas, and 
     mining companies, because it improves the business climate in 
     which such companies work, increases the reliability of 
     commodity supplies upon which businesses and people in the 
     United States rely, and promotes greater energy security.
       (2) Companies in the extractive industries sector face 
     unique tax and reputational risks, in the form of country-
     specific taxes and regulations. Exposure to these risks is 
     heightened by the substantial capital employed in the 
     extractive industries, and the often opaque and unaccountable 
     management of natural resource revenues by foreign 
     governments, which in turn creates unstable and high-cost 
     operating environments for multinational companies. The 
     effects of these risks are material to investors.

     SEC. 996. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION 
                   ISSUERS.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m), as amended by this Act, is amended by adding at 
     the end the following:
       ``(p) Disclosure of Payments by Resource Extraction 
     Issuers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `commercial development of oil, natural gas, 
     or minerals' includes exploration, extraction, processing, 
     export, and other significant actions relating to oil, 
     natural gas, or minerals, or the acquisition of a license for 
     any such activity, as determined by the Commission;
       ``(B) the term `foreign government' means a foreign 
     government, a department, agency, or instrumentality of a 
     foreign government, or a company owned by a foreign 
     government, as determined by the Commission;
       ``(C) the term `payment'--
       ``(i) means a payment that is--

       ``(I) made to further the commercial development of oil, 
     natural gas, or minerals; and
       ``(II) not de minimis; and

       ``(ii) includes taxes, royalties, fees (including license 
     fees), production entitlements, bonuses, and other material 
     benefits, that the Commission, consistent with the guidelines 
     of the Extractive Industries Transparency Initiative (to the 
     extent practicable), determines are part of the commonly 
     recognized revenue stream for the commercial development of 
     oil, natural gas, or minerals;
       ``(D) the term `resource extraction issuer' means an issuer 
     that--
       ``(i) is required to file an annual report with the 
     Commission; and
       ``(ii) engages in the commercial development of oil, 
     natural gas, or minerals;
       ``(E) the term `interactive data format' means an 
     electronic data format in which pieces of information are 
     identified using an interactive data standard; and
       ``(F) the term `interactive data standard' means 
     standardized list of electronic tags that mark information 
     included in the annual report of a resource extraction 
     issuer.
       ``(2) Disclosure.--
       ``(A) Information required.--Not later than 270 days after 
     the date of enactment of the Restoring American Financial 
     Stability Act of 2010, the Commission shall issue final rules 
     that require each resource extraction issuer to include in an 
     annual report of the resource extraction issuer information 
     relating to any payment made by the resource extraction 
     issuer, a subsidiary of the resource extraction issuer, or an 
     entity under the control of the resource extraction issuer to 
     a foreign government or the Federal Government for the 
     purpose of the commercial development of oil, natural gas, or 
     minerals, including--
       ``(i) the type and total amount of such payments made for 
     each project of the resource extraction issuer relating to 
     the commercial development of oil, natural gas, or minerals; 
     and
       ``(ii) the type and total amount of such payments made to 
     each government.
       ``(B) Consultation in rulemaking.--In issuing rules under 
     subparagraph (A), the Commission may consult with any agency 
     or entity that the Commission determines is relevant.
       ``(C) Interactive data format.--The rules issued under 
     subparagraph (A) shall require that the information included 
     in the annual report of a resource extraction issuer be 
     submitted in an interactive data format.
       ``(D) Interactive data standard.--
       ``(i) In general.--The rules issued under subparagraph (A) 
     shall establish an interactive data standard for the 
     information included in the annual report of a resource 
     extraction issuer.
       ``(ii) Electronic tags.--The interactive data standard 
     shall include electronic tags that identify, for any payments 
     made by a resource extraction issuer to a foreign government 
     or the Federal Government--

       ``(I) the total amounts of the payments, by category;
       ``(II) the currency used to make the payments;
       ``(III) the financial period in which the payments were 
     made;
       ``(IV) the business segment of the resource extraction 
     issuer that made the payments;
       ``(V) the government that received the payments, and the 
     country in which the government is located;
       ``(VI) the project of the resource extraction issuer to 
     which the payments relate; and
       ``(VII) such other information as the Commission may 
     determine is necessary or appropriate in the public interest 
     or for the protection of investors.

       ``(E) International transparency efforts.--To the extent 
     practicable, the rules issued under subparagraph (A) shall 
     support the commitment of the Federal Government to 
     international transparency promotion efforts relating to the 
     commercial development of oil, natural gas, or minerals.
       ``(F) Effective date.--With respect to each resource 
     extraction issuer, the final rules issued under subparagraph 
     (A) shall take effect on the date on which the resource 
     extraction issuer is required to submit an annual report 
     relating to the fiscal year of the resource extraction issuer 
     that ends not earlier than 1 year after the date on which the 
     Commission issues final rules under subparagraph (A).
       ``(3) Public availability of information.--
       ``(A) In general.--To the extent practicable, the 
     Commission shall make available online, to the public, a 
     compilation of the information required to be submitted under 
     the rules issued under paragraph (2)(A).
       ``(B) Other information.--Nothing in this paragraph shall 
     require the Commission to make available online information 
     other than the information required to be submitted under the 
     rules issued under paragraph (2)(A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     may be necessary to carry out this subsection.''.

  Mr. CARDIN. Mr. President, I wish to take a few minutes to thank 
Senator Dodd for his extraordinary leadership on this bill. I know he 
is working through a lot of amendments. I know a lot of us have been 
urging him to allow us to present amendments. I know he has been 
challenged by the efforts on trying to schedule votes on amendments. I 
thank him, on behalf of all his colleagues in the Senate, for his 
extraordinary leadership in bringing this bill forward. I thank Senator 
Shelby for working with Senator Dodd. I know we are close to bringing 
this bill to completion. I am very proud to be a supporter of this 
bill. It is critically important that we do what we need to do in 
regulating Wall Street.
  This amendment is a bipartisan amendment. Senator Lugar has filed a 
bill, of which I am a proud cosponsor, that accomplishes basically the 
same purpose. He has been a real leader in the Senate Foreign Relations 
Committee on transparency in the oil industry and its contracts.
  The nature of the oil, gas, and mining sector means that companies 
often have to operate in countries that are often autocratic, unstable, 
or both. Investors need to know the full extent of a company's exposure 
when they are operating in countries where they are subject to 
expropriation, political and social turmoil, and reputational risks.
  In Nigeria, for example, American companies have taken oilfields 
offline because of rebel activity and instability in the Niger Delta. 
In 2009, Nigeria was producing almost 1 million barrels less than it is 
able to produce because of conflict and instability. With so much 
production offline, American oil companies, such as Chevron and Exxon, 
have lost jobs and have lost

[[Page 8317]]

profits and are forced to pay higher production costs because of added 
security.
  This amendment goes a long way in achieving that transparency by 
requiring all foreign and domestic companies registered with the U.S. 
Securities and Exchange Commission to report, in their annual reports 
to the SEC, how much they pay each government for access to their oil, 
gas, and minerals.
  In short, this amendment is a critical part of the increased 
transparency and good governance we have been striving to achieve in 
the financial industry. We have been working with a lot of groups on 
perfecting this amendment, and we have made some changes that will give 
the SEC the utmost flexibility in defining how these reports will be 
made so that we not get the transparency we need without burdening the 
companies.
  I thank all involved in the modifications that have been made to this 
amendment from how it was originally filed in order to make it not a 
burden on the industry but to provide the necessary information to 
investors.
  This amendment also is about creating jobs and preserving jobs. This 
amendment is important because it will help create and preserve U.S. 
jobs in the oil, gas, and mining sector by improving the conditions in 
which oil and mining companies have to work.
  Transparency will help create more stable governments, which in turn 
allows U.S. companies to operate more freely--and on a level playing 
field--in markets that otherwise are too risky or unstable.
  This is a bipartisan amendment because Democratic and Republican 
colleagues both know we are creating a new standard of transparency 
that will apply to the world's extractive industries and is in the best 
interest of companies in competing on a level playing field. That has 
been what Senator Lugar has been standing for within the Senate 
Committee on Foreign Relations, and I applaud him on his leadership.
  In fact, this amendment would apply to all oil, gas, and mining 
companies required to file periodic reports with the SEC, which 
includes 90 percent of the major internationally operating oil 
companies and 8 out of the 10 largest mining companies in the world--
only 2 of which are U.S. companies.
  We currently have a voluntary international standard for promoting 
transparency. A number of countries and companies have joined the 
Extracted Industries Transparency Initiative, an excellent initiative 
that has made tremendous strides in changing the cultural secrecy that 
surrounds extractive industries. But too many countries and too many 
companies remain outside this voluntary system.
  I had the honor of chairing the Helsinki Commission for this 
Congress. This has been one of our top priorities because it deals with 
good governance as well as investors knowing whether a company is 
making payments. The U.S. needs to take a leadership position in regard 
to the Extractive Industries Transparency Initiative. This amendment, 
attached to this bill, will go a long way in promoting that leadership 
for the United States.
  The notion of transparency has been endorsed by the G8, the IMF, the 
World Bank, and a number of regional development banks. It is clear to 
the financial leaders of the world that transparency in natural 
resources development is key to holding government leaders accountable 
for the needs of their citizens and not just building up their personal 
offshore bank accounts.
  I urge my colleagues to stand up for investors and citizens and give 
them the information they need to hold governments accountable. I urge 
my colleagues to join me and the other cosponsors of this amendment and 
support the creation of a historic transparency standard that will 
pierce the veil of secrecy that fosters so much corruption and 
instability in resource-rich countries.
  With that, Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I join my distinguished colleague in 
commending the work of Senator Dodd and Senator Shelby and the 
privilege of offering this amendment now with Senator Cardin.
  I rise to support the transparency amendment, No. 4050, introduced by 
Senator Cardin on behalf of myself, Senator Durbin, Senator Schumer, 
Senator Feingold, Senator Merkley, Senator Johnson, and Senator 
Whitehouse. This amendment builds on language introduced in the Energy 
Security Through Transparency Act of 2009. If passed, the amendment 
would help to reverse the ``resource curse'' by revealing payments made 
here and abroad to governments for oil, gas, and minerals.
  The Senate debate on financial regulatory reform has included a great 
deal of debate on transparency. Transparency empowers citizens, 
investors, regulators, and other watchdogs and is a necessary 
ingredient of good governance for countries and companies alike. 
Adoption of the Cardin-Lugar amendment would bring a major step in 
favor of increased transparency at home and abroad. Its passage would 
empower investors to have a more complete view of the value of their 
holdings. It would bring more information to global commodity markets, 
which would benefit price stability. More importantly, it would help 
empower citizens to hold their governments to account for the decisions 
made by their governments in the management of valuable oil, gas, and 
mineral resources and revenues.
  In countries abundant in natural resources, corruption and 
authoritarianism, transparency is a vital tool. Yet in recent weeks we 
have also been reminded of the need for greater transparency in 
management at home. The amendment builds on the findings of a Senate 
Committee on Foreign Relations staff report entitled the ``Petroleum 
and Poverty Paradox: Assessing U.S. and International Community Efforts 
to Fight the Resource Curse,'' which noted that many resource-rich 
countries that should be well off are, in fact, terribly poor.
  History shows that oil, gas reserves, and minerals frequently can be 
a bane, not a blessing, for poor countries, leading to corruption, 
wasteful spending, military adventurism, and instability. Too often, 
oil money intended for a nation's poor ends up lining the pockets of 
the rich or is squandered on showcase projects instead of productive 
investments. A classic case is Nigeria, the eighth largest oil 
exporter. Despite $\1/2\ trillion in revenues since the 1960s, poverty 
has increased, corruption is rife, and violence roils the oil-rich 
Niger Delta.
  This ``resource curse'' affects us as well as producing countries. It 
exacerbates global poverty which can be a seedbed for terrorism, it 
empowers autocrats and dictators, and it can crimp world petroleum 
supplies by breeding instability.
  The essential issue at stake is a citizen's right to hold its 
government to account. Americans would not tolerate the Congress 
denying them access to revenues our Treasury collects. We cannot force 
foreign governments to treat their citizens as we would hope, but this 
amendment would make it much more difficult to hide the truth.
  Transparency also will benefit Americans at home. Improved governance 
of extractive industries will improve investment climates for our 
companies abroad, it will increase the reliability of commodity 
supplies upon which businesses and people in the United States rely, 
and it will promote greater energy security.
  This amendment requires foreign and domestic companies listed on U.S. 
stock exchanges and exchanging American depository receipts to disclose 
in their regular SEC filings their extractive payments to governments 
for oil, gas, and mining.
  Nothing in this amendment accuses companies of malfeasance. Quite the 
contrary. Several oil, gas, and minerals companies have taken important 
steps in this arena. The aforementioned Foreign Relations Committee 
minority staff report details several examples of individuals going the 
extra mile to convince governments of the importance of transparency 
and to provide training to meet international standards.
  Yet the value of companies themselves can be negatively impacted

[[Page 8318]]

when there is not transparency. As noted in the findings of this 
amendment:

       Companies in the extractive sector face unique tax and 
     reputational risks in the form of country-specific taxes and 
     regulations. Exposure to these risks is heightened by the 
     substantial capital employed in the extractive industries, 
     and the often opaque and unaccountable management of natural 
     resource revenues by foreign governments, which in turn 
     creates unstable and high-cost operating environments for 
     multinational companies. The effects of these risks are 
     material to investors.

  Many analysts say among the root causes of the current financial 
crisis was a failure by investors to have access to sufficient 
information about their investments and an excessive reliance on the 
judgments of the ratings agencies, which proved to be highly faulty. 
That experience argues strongly for more disclosure and information.
  Considering the well-established link between oil payments and the 
business climate, many investors might be interested in this 
information--particularly socially responsible investors.
  This domestic action will complement multilateral transparency 
efforts such as the Extractive Industries Transparency Initiative--the 
EITI--under which some countries are beginning to require all 
extractive companies operating in their territories to publicly report 
their payments.
  We encourage the President to work with members of the G8 and the G20 
to promote similar disclosures through their exchanges and their 
jurisdictions. As Secretary Clinton noted in her questions for the 
record on January 12, 2009:

       President-Elect Obama has put a high priority on promoting 
     transparency in government more broadly. I look forward to 
     working with the President-Elect and the Treasury Department 
     to promote greater transparency at the G-8 and now the G-20 
     as well.

  In developing this amendment, our staffs consulted with the 
Secretary, the Securities and Exchange Commission, the Treasury 
Department, the Department of the Interior, energy companies, mining 
companies, the industry representatives, and nongovernmental 
organizations.
  When financial markets see stable economic growth and political 
organization in resource-rich countries, supplies are more reliable and 
risk premiums factored into the process at the gas pump are diminished. 
Information is critical to maintaining healthy economies and healthy 
political systems. I ask for your support on passage of this important 
amendment.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I am happy to come to the Senate floor and 
join in support of the Cardin-Lugar amendment. I am an original 
cosponsor along with Senators Feingold, Whitehouse, and others. It is 
very straightforward, as Senator Lugar explained, and Senator Cardin 
before him.
  It would require companies listed on the New York Stock Exchange to 
disclose in their SEC filings extractive payments made to governments 
for oil, gas, and mining. This encourages greater corporate 
transparency, particularly in terms of those operating in countries 
where corruption and violence are rampant.
  I would also say there is a complementary amendment, which I hope 
will be considered at the same time because it is in that same vein. It 
is amendment No. 3997, offered by Senators Brownback, Feingold, and 
myself, and it basically would make the same requirement related to 
extractive minerals.
  Mr. President, I went to the Democratic Republic of Congo 5 years ago 
with Senator Brownback. We visited Goma, and I returned to that 
location just a few months ago with Senator Sherrod Brown of Ohio. On 
those two visits I saw a situation in Goma which is almost impossible 
to describe. Imagine one of the poorest places on Earth, where people 
literally are starving to death, where they are facing the scourge of 
disease, where malaria and AIDS cuts short the lives of far too many, 
where there are thousands who are bunched into these just desolate and 
desperate refugee camps, and then imagine nearby an active volcano. 
That is the situation in Goma.
  If you think that is the combination that would be the worst on 
Earth, there is more. Superimpose on this misfortune an ongoing war and 
unrest that has been part of this section of Africa at least since the 
time of the Rwandan genocide--that long--more than 16 years ago. 
Unspeakable crimes are being committed, particularly against women in 
this region, and one of the major reasons is this turns out to be one 
of the most powerful sections of Africa. You will find Dian Fossey's 
gorillas, and you will find some of the richest stores of virgin timber 
and extractive minerals in the world. The fighting goes on every single 
day, and these poor people are caught in the crossfire of this terrible 
conflict. Armed militias--some left over from the genocide in Rwanda--
continue to operate in the region, terrorizing citizens and inflicting 
horrific brutality. The United Nations has a 20,000-member peacekeeping 
force, known as MONUC, but it isn't enough.
  What is really behind this ongoing violence? Money. Some of it is a 
result of a weak Congolese state, and some of the problem is due to the 
large number of criminals who have invaded this nation. But what helps 
fund the continued violence is an illicit minerals trade that enriches 
and helps arm those who continue this mayhem.
  Most people probably don't realize the products we use every day--
from automobiles to cell phones--may use one of these minerals from 
this area of conflict and that there is a possibility it was mined from 
an area of great violence.
  We can't begin to solve the problems of eastern Congo without 
addressing where the armed groups are receiving their funding, mainly 
from the mining of a number of key conflict minerals. We, as a nation 
of consumers as well as industry, have a responsibility to ensure that 
our economic activity does not support such violence.
  That is why I join with Senators Brownback and Feingold to support 
the Congo conflict minerals amendment, which is now pending on this 
bill. It is a requirement that if a company registered in the United 
States uses any of a small list of key minerals from the Congo--
minerals known to be involved in the conflict areas--then such usage 
must be disclosed in that company's SEC disclosure. Such companies can 
also include additional information to indicate the steps they have 
taken to ensure their minerals were mined and paid for legitimately and 
legally.
  The requirement would sunset in 5 years unless the Secretary of State 
certifies that the violence continues to receive support from the 
mineral trade. It is a reasonable step to shed some light on this 
literally life-and-death issue, and it encourages companies using these 
minerals to source them responsibly.
  I thank Senators Dodd and Shelby for their consideration of this 
amendment. I hope, like the Cardin-Lugar amendment, there will be a 
chance 
for this Brownback-Feingold-Durbin amendment to be considered before 
this bill is completed.
  The PRESIDING OFFICER (Mr. Merkley). The Senator from Connecticut.


                           Amendment No. 4056

  Mr. DODD. I, too, wish to make a comment, but before I do, I think 
the pending business before the Senate and the request consent is the 
Bond amendment. Has that been adopted? I urge the question, if I can.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
amendment is pending.
  Is there further debate on the amendment?
  If not, the question is on agreeing to the amendment.
  The amendment (No. 4056) was agreed to.
  Mr. DODD. I move to reconsider and lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 4050

  Mr. DODD. Mr. President, I would like to make a few comments on 
the two proposals. One is, I say to my 
good friend from Illinois, Senator 
Shelby and I have agreed to ac-


[[Page 8319]]

cept the Brownback-Cardin--Cardin-Brownback-Durbin amendment. I am not 
sure who the principal authors are. Maybe we can do that on a voice 
vote. We submitted that as part of the managers' amendment but, given 
the pace of the managers' amendment, it may be necessary to deal with 
that separately. But I thank my colleagues for that.
  I commend my good friends, Senator Cardin and Senator Lugar from 
Indiana, once again. He has taken a leadership role. I am struck by the 
fact that just a little while ago we adopted the Cornyn amendment. The 
Cornyn amendment puts restraints on the IMF's ability to accept that in 
some very poor countries they are going to have to repay their IMF 
obligations. That amendment needs some work. But having adopted that 
amendment almost unanimously it is now critically important we adopt 
this amendment, in my view, because it complements, in a sense, the 
Cornyn amendment. Many of these people living in poor countries have 
little ability--despite being mineral and resource rich--to accumulate 
the wealth so they can avoid having to have IMF assistance to bail them 
out or give them assistance during difficult times.
  If we are truly interested in the language of the Cornyn amendment, 
then we must complement it, in my view, by accepting the Cardin-Lugar 
amendment because it goes beyond just the Congo. Despite the good work 
being done on that amendment, this goes beyond that.
  So I thank Senators Cardin and Lugar for their important bipartisan 
amendment requiring additional disclosure to millions of investors who 
are making decisions about investing in the extractive industries--
mainly oil, natural gas, and mining--around the world. And I thank them 
for modifying the original amendment to streamline the reporting 
requirements, adapt as far as practicable the voluntary Extractive 
Industries Transparency Initiative disclosure standards, and make other 
changes to ease implementation.
  We have a similar but more targeted amendment from Senator Brownback, 
Senator Durbin, and Senator Cardin, I think, focused on the Congo and 
adjoining countries, since mining operations there have for years 
helped fuel the brutally violent militias that have caused so much 
damage and heartbreak, and killed so many in that strife-torn region. 
Given the ongoing emergency in the Congo, I am glad that Senator Shelby 
and I have been able to work out an agreement to adopt this Congo 
amendment.
  This amendment by Senator Cardin is much broader, and is designed to 
impose a new international transparency standard on companies listed 
and traded on U.S. exchanges who are active in the oil and gas and 
mining industries. Senator Cardin and Senator Lugar have focused on 
these industries because in many places, especially in Africa, they 
involve unique exposures to country- and industry-specific risks--
including reputational risks, tax and regulatory risks, expropriation 
risks, and others--as they conduct business operations in countries 
where governance and accountability systems are rudimentary, at best--
and where corruption, secrecy and a lack of transparency regarding 
public finance are pervasive. Those risks are heightened by the very 
large multi-year investments that are required of this industry, their 
need to gain access to natural resources, and the often compelling 
national security considerations tied to the products developed by this 
industry.
  In the last few decades many American investors have begun to 
consider more seriously the ethical and socially responsible 
implications of their investments, and this amendment is a part of that 
larger effort. It is also a part of broader international effort to 
combat corruption, poverty, hunger and disease throughout Africa, Asia 
and Central America by providing a mechanism to ensure greater 
transparency for the many ways in which sometimes corrupt and 
authoritarian governments in these regions take in huge revenue flows 
from oil and gas producers or mining companies, and then fail to 
adequately meet the needs of their own vulnerable populations with 
social spending funded by the income from those projects.
  Let me remind my colleagues of the scale of this problem. A recent 
report by the Senate Foreign Relations Committee under the leadership 
of Senator Lugar and Senator Kerry concluded that 3.5 billion people 
live in countries rich in extractive natural resources such as oil, 
gas, minerals and timber. With good governance and transparency, these 
resources can generate vast sums to foster growth and reduce poverty. 
Instead, many of these countries have weak governance and 
administrative systems, so the revenues have often served to actually 
worsen corruption and generate violent conflict.
  It is known as the ``resource curse,'' or the ``petroleum and poverty 
paradox,'' where countries with huge revenue flows from energy 
development also frequently have some of the highest rates of poverty, 
corruption and violence. Where is all that money going? This amendment, 
the Lugar-Cardin amendment, is a first step toward addressing that 
issue by setting a new international standard for disclosure. I hope 
that other nations, and those in charge of major exchanges in London, 
Hong Kong and elsewhere, would follow our lead on this. There is some 
indication of interest there, especially in the British Parliament.
  The amendment would require companies to better account for the risks 
associated with such investments by disclosing basic information about 
payments to governments. I believe that many Americans--including 
investors and other stakeholders in these firms--would consider this 
kind of information material and relevant to their decisions about 
whether or not to invest, or whether to divest their current holdings, 
from firms engaged in this sort of activity. On its face this interest 
appears not to rise to the level of materiality for investors that 
currently governs the disclosure requirements of public companies under 
Federal securities laws. That is a question we may want to look at more 
closely in the Banking Committee. There are also questions about the 
precedent this would set for Congress to require disclosures usually 
considered to be non-material.
  Currently, nearly 30 countries are participants in a voluntary 
program designed to increase transparency called the EITI. That is an 
important initiative, and I applaud it. Strengthening America's 
leadership in the program, with broad new requirements for greater 
disclosure by resource extractive companies operating around the world, 
would be an important step. Senators Cardin and Lugar have modified his 
amendment to base some of the reporting on the standards which have 
evolved within this initiative, supported by many oil, energy and 
mining companies, and many countries. I am not persuaded by the 
arguments some make that this would weaken the EITI and make some 
nations less prone to participate in it. To the contrary, I believe it 
would strengthen the initiative. And I believe those who have worked 
closely within EITI agree.
  Because we have not yet been able to hold hearings on this measure 
this year--something which I had hoped to do in the Banking Committee 
once we had completed this historic financial reform measure--I am not 
sure we have all the precise details and the language exactly right, 
but the thrust is exactly right and, therefore, in my view, the 
amendment by Senators Cardin and Lugar ought to be adopted. We can work 
on the details, if we have to, later on, but we should not miss this 
opportunity provided by this legislation to make this historic 
contribution to something that not only benefits investors here at home 
but might make a huge difference in the wealth and opportunity in these 
countries.
  Again, in some ways I didn't plan it this way, but the fact we have 
adopted the Cornyn amendment dealing with the International Monetary 
Fund--now, if you wanted to make a difference in all that, this 
amendment I think does all that.
  I thank my two colleagues--Senator Cardin, who is relatively new to 
this institution but has brought a history of his interest in this 
subject matter. Of

[[Page 8320]]

course, my 30 years with Senator Lugar have been among the most joyous 
of the relationships I have had in this body. He never ceases to amaze 
me in his commitment, his energy, and his passion on these issues, and 
we are a richer and better country because of his participation in 
these debates over many years. Again, I am delighted to be associated 
with him in an effort such as this. I urge my colleagues tomorrow, 
either on voice vote or recorded vote, to adopt the Cardin-Lugar 
amendment.
  I would like to add Senators Baucus, and I believe I have, Senator 
Tester, as cosponsors of the Bond-Dodd, et al., amendment, No. 4056.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. CASEY. I commend the work of Senator Dodd on this legislation. We 
have more work to do.
  I rise to speak to an amendment I have filed, amendment No. 3891, the 
homeowners' relief and stabilization amendment.
  The reason I rise is to speak about a topic we have all talked about 
and we have taken action about over the last couple years. We have had 
some progress made, but unfortunately not enough progress has been 
made. I speak tonight about foreclosures.
  Foreclosures in America are still a huge problem for the American 
people. RealityTrac, one of the entities that keeps records on 
foreclosures and has been a leading source for this information, tells 
us that the numbers of U.S. residential properties receiving at least 
one foreclosure filing jumped 21 percent in 2009 to a record of 2.82 
million housing units.
  Foreclosure activity has increased sharply in March of 2010. The 
number of homes in some stage of the foreclosure process rose from the 
previous quarter.
  Given the significant Federal response to the foreclosure crisis, it 
is disheartening--I think that is an understatement--that foreclosure 
filings in March of 2010 were up nearly 8 percent from March of 2009, 
the highest monthly total since RealtyTrac began reporting the numbers 
in January of 2005. So we have a ways to go on this very difficult 
challenge that our Nation has faced.
  I commend the administration for using the so-called TARP funds, the 
Trouble Asset Relief Program funds, for initiatives to help homeowners, 
which I think indicates that the Federal Government is concerned about 
assisting those who have lost their jobs or have seen their home values 
plummet as a result of Wall Street recklessness.
  You could add a few more words to ``recklessness,'' but in the 
interest of time, I will not.
  Despite the actions of the Congress over the last several years, 
despite the actions of the prior administration and this administration 
especially, despite all that effort, according to the Congressional 
Oversight Panel of the Troubled Asset Relief Fund, as of February of 
2010, 6 million borrowers were more than 60 days delinquent on 
mortgages and only 168,708 homeowners had received final 5-year loan 
modifications.
  We have a long way to go and we have to implement, in my judgment, 
new and different and more effective strategies to deal with 
foreclosures. More must be done to stem this tide of foreclosures that 
has resulted not only from widespread subprime mortgages but also from 
increasing unemployment, which has devastated communities and 
neighborhoods across America.
  This amendment--which I thank both colleagues from New York, Senators 
Gillibrand and Schumer, for cosponsoring--would also use TARP dollars 
to help unemployed homeowners. It is very simple: $3 billion would go 
into a HUD fund to establish a temporary emergency funding relief 
program based on a very successful program run in Pennsylvania since 
1983. It has helped tens of thousands of homeowners in Pennsylvania.
  This may be the most successful mortgage foreclosure relief program 
in the country, at least that I am aware of. Some may want to debate 
that. But I think in Pennsylvania we have a good track record. We need 
something akin to that, something very similar to that on a national 
scale.
  This program and this idea are designed to respond to high 
unemployment situations where homeowners are temporarily unable to 
afford their monthly mortgage payment due to at least three conditions: 
unemployment, of course; underemployment is another situation; thirdly, 
a medical condition could also prevent someone from making their 
mortgage payment every month.
  Subprime mortgage loans and predatory lending sparked a wave of 
foreclosures, as many borrowers defaulted on loans that they were sold 
using predatory practices, that they could never afford in the first 
place to make the payments for. Now the country finds itself in the 
midst of a second wave--a second wave of foreclosures, where prime 
borrowers struggle to make their monthly payments after a job loss or 
unsuccessful attempts at refinancing or modifications.
  Despite all of the work that has been done here over the last couple 
of years, despite all of the work done by the administration, we still 
find borrowers, homeowners, who, because of a job loss or another 
adverse circumstance, cannot make their monthly payments. We need 
direct help for them. We do not need something around the margins; we 
need direct help for them.
  The amendment provides for loans to homeowners only after determining 
the borrower has a reasonable prospect of being able to resume making 
full mortgage payments, and we will consider their ability to repay in 
establishing loan terms, conditions, or rates.
  In addition to the individual homeowner problem--someone who has lost 
their job or has some circumstance that prevents them from making their 
payments--in addition to the individual, we have full neighborhoods 
across the country that continue to suffer from housing price declines, 
lost property tax revenues, abandoned properties, and, of course, 
blight. This amendment would also direct $1 billion of TARP funds to 
the Neighborhood Stabilization Program created by the Housing and 
Economic Recovery Act of 2008 to provide grants to State and local 
governments and eligible entities to purchase and redevelop foreclosed 
and abandoned properties with the goal of stabilizing communities. So 
this is a neighborhood problem in addition to being a problem with 
individual homeowners.
  The language from this amendment was included in H.R. 4173, the Wall 
Street Reform and Consumer Protection Act of 2009 which passed the 
House of Representatives late last year.
  In conclusion, I wish to reemphasize the need for this type of an 
amendment because we still, unfortunately, have not tackled the 
foreclosure problem in America. In fact, it is a foreclosure crisis 
which will prevent us from having an economy that is in full recovery. 
We did the right thing by making sure the TARP dollars were able to 
sustain what happened in the strategy to help our financial companies 
around the United States of America, especially those that were in real 
trouble in 2008 and 2009. We did the right thing on the recovery bill. 
We did the right thing on the HIRE Act a couple of months ago. We have 
taken a lot of steps to rescue and stabilize our economy. We are 
growing now. We have some growth. We have some employment growth. But 
unless we tackle completely the foreclosure problem with a very direct, 
focused effort, we are not going to fully recover and we are not going 
to have the kind of economic growth we should.
  So I would urge my colleagues to join Senator Schumer, Senator 
Gillibrand, me, and others in voting for and seeking the passage of 
this amendment, No. 3791, the homeowners relief and neighborhood 
stabilization amendment.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant 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 PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 8321]]




                           Amendment No. 4050

  Mr. DODD. Mr. President, I ask for the yeas and nays on the Cardin-
Lugar amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. DODD. Mr. President, I ask unanimous consent that after a period 
of morning business on Tuesday, May 18, the Senate resume consideration 
of S. 3217, and there be 30 minutes for debate with respect to the 
Gregg amendment No. 4051 prior to a vote, with the time equally divided 
and controlled between Senators Dodd and Gregg or their designees; that 
upon the use or yielding back of time, the Senate proceed to vote in 
relation to the amendment, with no amendment in order to the amendment 
prior to the vote; that the Gregg amendment be subject to an 
affirmative 60-vote threshold, and if the amendment achieves that 
threshold, then it be agreed to, and the motion to reconsider be laid 
upon the table; that if it does not achieve that threshold, then it be 
withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, I ask unanimous consent that the amendment 
by Senator Corker of Tennessee on preemption be in order, and that the 
side-by-side amendment offered by Senator Carper be in order.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            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 PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       HONORING OUR ARMED FORCES


                    Lieutenant Brandon Aaron Barrett

  Mr. BAYH. Mr. President, today I wish to honor the life of Marine LT 
Brandon Barrett from Marion, IN. Brandon was only 27 years old when he 
lost his life on May 5 while serving bravely in support of Operation 
Enduring Freedom in Afghanistan.
  Lieutenant Barrett was assigned to the 1st Battalion, 6th Marine 
Regiment, 2nd Marine Division, II Marine Expeditionary Force at Camp 
Lejeune.
  Today, I join family and friends in mourning his death who will 
forever remember him as a loving son, brother, and friend. He is 
survived by his mother, Cindy Barrett, his father, Brett Barrett, his 
sisters, Ashley and Taylor Barrett and his brother, Brock Barrett.
  Brandon was a native of Marion. Prior to entering the Marine Corps in 
2006, Brandon graduated from Marion High School and attended the U.S. 
Naval Academy. His family and friends describe him as a bright student, 
a gifted football and baseball star, and a proud Hoosier who 
courageously refused to take freedom for granted.
  Brandon was deployed on his second tour of duty in Afghanistan. 
During his service, Brandon earned an array of awards, including the 
Navy and Marine Corps Achievement Medal, National Defense Service 
Medal, Global War on Terrorism Service Medal, Afghanistan Campaign 
Medal and NATO International Security Assistance Force Medal.
  While we struggle to express our sorrow over this loss, we take pride 
in the example of this American hero. We cherish the legacy of his 
service and his life.
  As I search for words to honor this fallen Marine, I recall President 
Lincoln's words to the families of the fallen at Gettysburg: ``We 
cannot dedicate, we cannot consecrate, we cannot hallow this ground. 
The brave men, living and dead, who struggled here, have consecrated 
it, far above our poor power to add or detract. The world will little 
note nor long remember what we say here, but it can never forget what 
they did here.''
  It is my sad duty to enter the name of Brandon Barrett in the Record 
of the U.S. Senate for his service to our country and for his profound 
commitment to freedom, democracy, and peace.
  I pray that Brandon's family finds comfort in the words of the 
prophet Isaiah who said, ``He will swallow up death in victory; and the 
Lord God will wipe away tears from off all faces.''

                          ____________________




                     TRIBUTE TO DR. JOSEPH BASCUAS

  Mr. BROWN of Massachusetts. Mr. President, I would like to recognize 
Dr. Joseph W. Bascuas for serving as interim president of Becker 
College and for his dedication to high academic standards and 
expectations.
  The Becker College board of trustees named Dr. Bascuas as interim 
president on September 26, 2008. Dr. Bascuas gave his leadership and 
support to the Becker College community in various ways during his 
tenure and succeeded in bringing a united vision to the college during 
a challenging time. Throughout his tenure as Becker College's interim 
president, Dr. Bascuas advocated strong steps to bolster transparency 
and the fiscal responsibility of the college, such as maintaining a 
budget surplus at a time of economic uncertainty. As president, Dr. 
Bascuas championed cost containment for working families by urging the 
trustees to freeze tuition and room and board for 2009-2010. He 
promoted high academic standards and expectations, thus increasing 
pride in the institution.
  I have been proud to hear of the record of Becker College under his 
leadership. Becker College serves more than 1,700 students from 18 
States and 12 countries and offers over 25 diverse, top-quality 
bachelor degree programs in unique, high-demand career niches. Dr. 
Bascuas brought more than 25 years of experience in higher education to 
Becker College. In addition to his teaching and leading experiences, he 
has written and coauthored numerous papers on psychological topics and 
has presented at symposia and conferences. Dr. Bascuas utilized his 
great volume of experience and passion for quality higher education in 
his role as Becker College interim president.
  I stand here today to congratulate Dr. Joseph W. Bascuas on the 
completion of his honorable work as Becker College's interim president. 
I ask my colleagues to join me in wishing Dr. Joseph W. Bascuas 
continued success.

                          ____________________




                        VICTORIOUS SENATE PAGES

  Mr. WARNER. Mr. President, on May 16, 2010, the Senate Pages played 
the House Pages in an annual ultimate Frisbee game on the National 
Mall. This year the Senate Pages won the game commandingly 6-3.
  Congratulations Senate Pages.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                      REMEMBERING WALTER J. HICKEL

 Ms. MURKOWSKI. Mr. President, on Saturday morning, May 8, 
Alaskans awakened to the sad news that our beloved former Governor, 
Walter J. Hickel, passed away at the age of 90.
  While those in my State viewed him as an Alaska legend, students of 
American political history may recall Governor Hickel more vividly as 
President Nixon's first Secretary of the Interior. They may recall that 
Hickel left that position after criticizing President Nixon for his 
handling of the Vietnam war and the student protests that gripped the 
Nation over our involvement in Southeast Asia.
  In 1970, following what has come to be known as the ``Kent State 
Massacre,'' Secretary Hickel wrote a letter urging President Nixon to 
give more respect to the views of young people critical of the war. 
That letter included the passage, ``I believe this administration finds 
itself today embracing a philosophy which appears to lack appropriate 
concern for the attitude of a great mass of Americans--our young 
people.''
  On November 25, 1970, Governor Hickel was fired over the letter. His 
firing came days after he told ``60 Minutes'' that he had no intention 
of quitting. He said he would only go away ``with an arrow in my heart, 
not a bullet in my back.'' The Nixon administration was all too pleased 
to oblige.

[[Page 8322]]

  If President Kennedy were still alive, he surely would have viewed 
this series of events as a ``profile in courage.'' To this day, when 
Alaskans are asked for one word that describes Walter Hickel, the word 
``backbone'' immediately comes to mind.
  They may have fired Wally Hickel but they didn't silence him. 
Governor Hickel left the national political scene following this 
incident to focus on Alaska and the Arctic, and his independence, his 
judgment, and his backbone inspired leaders of Alaska for decades to 
come.
  Governor Hickel appreciated that public policy is a team effort, not 
an individual sport. Two of Governor Hickel's enduring legacies to the 
State--Commonwealth North, Alaska's leading public affairs forum, and 
the Institute of the North, a public policy think-tank--continue to 
shape public discourse today. Governor Hickel would be proud that last 
week, even as Alaskans grieved his loss, the Institute of the North 
conducted its annual Emerging Leaders Dialogue in Sitka.
  Governor Hickel's life was large, as large as all of Alaska. Alaska 
is one of the few corners of America in which legends can still be 
made. And Governor Hickel surely will go down in history as an Alaska 
legend.
  Born August 18, 1919, in Kansas, Walter J. Hickel came to Alaska in 
1940 with 37 cents in his pocket. As he sailed into Prince William 
Sound on the S.S. Yukon, overwhelmed by the breathtaking natural 
beauty, Hickel remarked, ``You take care of me, and I'll take care of 
you.''
  The words were prophetic. After working as a bartender, a carpenter, 
and an aircraft inspector, Governor Hickel saved enough money to 
purchase a half-completed house. He finished building the house, sold 
it, and then built two more. Eventually, he built several hundred 
homes.
  Long time Fairbanks newspaper columnist Dermot Cole recalls Governor 
Hickel's success in enlisting community support to build Fairbanks' 
first modern hotel in 1955. Fairbanks needed a hotel, and Governor 
Hickel needed financing. He asked the Fairbanks community to invest in 
its future by purchasing bonds to finance the project, and 583 
bondholders invested in the project. The smallest investment was $10, 
the largest $25,000. The project was built in 7 months. The bondholders 
were paid back by 1960. And that hotel, The Travelers Inn, still greets 
visitors to Alaska's Golden Heart City. Today, it is known as the 
Westmark Fairbanks.
  Governor Hickel went on to build Anchorage's Captain Cook Hotel, as a 
show of confidence in the economy of Southcentral Alaska following the 
1964 earthquake. Today, the Captain Cook Hotel offers 547 rooms, in 3 
towers, and is Alaska's member of the Preferred Hotel Group.
  Alaska sure took care of Wally Hickel, and Governor Hickel more than 
fulfilled his promise to take care of Alaska, proving that economic 
development and environmental conservation are not mutually exclusive 
concepts. His life demonstrates that a developer can be a 
conservationist and a conservationist can be a developer. One is left 
to wonder which title he preferred.
  Governor Hickel believed that economies can be grown through big 
projects. He certainly was not one who shared the view prevalent in 
some circles of the Lower 48, that Alaska should be locked up as a 
museum to compensate for poor land use decisions made elsewhere in 
America. During a 1978 interview, he referred to Alaska as a ``happy, 
young, vibrant country.'' Blunt and honest, he lamented those who 
argued, ``Don't walk here. Don't walk there. Don't step on the 
dandelions. You can't use this.'' He referred to this kind of thinking 
as ``What a bunch of bull.''
  Yet this is the same Walter Hickel who dispatched legions of Interior 
Department employees to commemorate the first observance of Earth Day 
in 1969; the same Walter Hickel who told the National Petroleum Council 
in 1970, ``The right to produce [petroleum] is not the right to 
pollute. America must prove to itself as well as to others worldwide 
that it has the ability to clean up the garbage it has left in its 
wake.''
  He insisted that those who benefited from the development of Alaska's 
resources pay Alaskans their due. And during Governor Hickel's second 
stint as Governor during the 1990s, the major oil companies were 
persuaded to pay the State more than $4 billion in disputed back taxes 
and royalties. Historian Stephen Haycox refers to this as ``a very 
significant legacy . . . because he forced the oil companies to 
acknowledge that they had a debt they owed to Alaska.'' In the wake of 
the Exxon Valdez oilspill, Governor Hickel used settlement funds to 
purchase land for Kachemak Bay State Park and Afognak State Park.
  I could go on all day about the life of Wally Hickel. A man who 
constantly struggled with dyslexia, he authored several books and 
monographs and many articles. A self-educated individual, he received 
numerous honorary degrees and befriended foreign heads of state.
  A fighter for Alaska's statehood, Hickel attended the birth of the 
State of Alaska. And history will remember that very little of 
significance happened in Alaska in the ensuing 50 years that Walter J. 
Hickel was not involved in. It is no overstatement to suggest that 
Governor Hickel had a substantial hand in Alaska's start, its present, 
and its future.
  During Alaska's 50th anniversary of statehood celebration last year, 
I marveled at the fact that so many of the people who made our history 
are still alive and available to inspire succeeding generations of 
Alaskans as we continue to grow our State. I would like to think that 
giants such as Wally Hickel could live forever.
  On behalf of all of our Senate colleagues, I extend condolences to 
Governor Hickel's wife Ermalee, his children, grandchildren, and great 
grandchildren. Thank you for sharing this great American with Alaska 
and our Nation.

                          ____________________




                      TRIBUTE TO WALTER SCOTT, JR.

 Mr. NELSON of Nebraska. Mr. President, on the occasion of his 
79th birthday, I want to take this opportunity to honor fellow 
Nebraskan Walter Scott, Jr. for his exceptional business and civic 
leadership and his significant contributions to the telecommunications, 
construction, and mining industries, as well as his community, State, 
and country.
  Walter began his distinguished career at Peter Kiewit Sons' Inc., 
formerly Kiewit Construction, working during the summers for Kiewit's 
construction operations, where his father also worked. In 1953 after 
earning his civil engineering degree from Colorado State University, he 
became an engineer for Kiewit in Omaha. A year later, Walter joined the 
U.S. Air Force as an air installation officer, inspecting military 
construction projects. Upon returning to Kiewit after his service, 
Walter excelled in the company, being elected to the board of 
directors, then becoming vice president in 1964. In 1979 Walter was 
named president and, later that year, succeeded Peter Kiewit as 
chairman of the board.
  Over the next decade, Walter used his leadership and keen insights to 
advance Kiewit and develop the company to its full potential. 
Foreseeing the needs of society, Walter began diversifying the 
company's investment to include mining, energy, and telecommunications 
interests. By 1992 this expansion had led to the division of Peter 
Kiewit Sons' Inc. into two major subsidiaries: Kiewit Construction 
Group, continuing the company's historical excellence in construction 
and mining; and Kiewit Diversified Group, later renamed Level 3 
Communications, focusing on high-speed fiber optics networks and 
geothemeral powerplants. Kiewit is now a Fortune 500 company and is a 
recognized industry leader.
  To this day, Walter remains engaged in the industries he helped to 
shape, continuing as director and chairman emeritus at Kiewit and 
serving as chairman of the board at level 3. Walter's numerous 
contributions to business have been acknowledged with dozens of 
accolades, including the Horatio Alger Award, the Golden Plate Award

[[Page 8323]]

from the American Academy of Achievement, and induction into the 
Nebraska Business Hall of Fame.
  Beyond his notable accomplishments in business, Walter's civic 
service and philanthropic contributions have enriched Nebraska and left 
a lasting impact on our home State. In 1996 Walter helped create the 
Peter Kiewit Institute, working with the University of Nebraska to 
provide tomorrow's leaders in information science, technology, and 
engineering with an unparalleled education. Walter has also given his 
service to numerous community and nonprofit organizations, including 
Creighton University, Joslyn Art Museum, Boys & Girls Club of the 
Midlands, Omaha Development Foundation, Omaha Zoological Society, and 
Nebraska Game and Parks Foundation. Additionally, I have had the 
pleasure of serving with Walter as a member of the Open World Board of 
Trustees, providing international leadership and building multi-
national relationships to effect positive change in Eurasian countries.
  In closing, Walter Scott's illustrious leadership and generous 
service has strengthened his community, state, and country. On behalf 
of our fellow Nebraskans and Americans, I thank Walter for his 
innovation and leadership and wish him the best for the future.

                          ____________________




                       MESSAGE FROM THE PRESIDENT

  A message from the President of the United States was communicated to 
the Senate by Mr. Pate, one of his secretaries.

                          ____________________




                       EXECUTIVE MESSAGE REFERRED

  As in executive session the Presiding Officer laid before the Senate 
a message from the President of the United States submitting a 
nomination which was referred to the Committee on Commerce, Science, 
and Transportation.
  (The nomination received today is printed at the end of the Senate 
proceedings.)

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 2:06 p.m., a message from the House of Representatives, delivered 
by Mr. Novotny, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 959. An act to increase Federal Pell Grants for the 
     children of fallen public safety officers, and for other 
     purposes.
       H.R. 5014. An act to clarify the health care provided by 
     the Secretary of Veterans Affairs that constitutes minimum 
     essential coverage.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 268. A concurrent resolution supporting the 
     goals and ideals of National Women's Health Week, and for 
     other purposes.

  The message further announced that pursuant to Executive Order No. 
12131, and the order of the House of January 6, 2009, the Speaker 
appoints the following Members of the House of Representatives to the 
President's Export Council: Mr. Reichert of Washington and Mr. Tiberi 
of Ohio.
  The message also announced that pursuant to section 301 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1381), as amended by 
Public Law 111-114, the Speaker and Minority Leader of the House of 
Representatives and the Majority and Minority Leaders of the Senate 
jointly reappoint on May 13, 2010, the following individuals to a 5-
year term on the Board of Directors of the Office of Compliance: Ms. 
Barbara L. Camens of Washington, DC, as Chair and Ms. Roberta L. 
Holzwarth of Illinois.
  The message further announced that pursuant to section 13101 of the 
HITECH Act (Public Law 111-5), and the order of the House of January 6, 
2009, the Speaker reappoints the following member on the part of the 
House of Representatives to the HIT Policy Committee for a term of 3 
years: Mr. Paul Egerman of Weston, Massachusetts.


                         Enrolled Bills Signed

  The PRESIDENT pro tempore (Mr. Byrd) announced that he had signed the 
following enrolled bills, which were previously signed by the Speaker 
of the House:

       S. 1067. An act to support the 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.

                          ____________________




                           MEASURES REFERRED

  The following bill was read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 959. An act to increase Federal Pell Grants for the 
     children of fallen public safety officers, and for other 
     purposes; to the Committee on Health, Education, Labor, and 
     Pensions.

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 268. Concurrent resolution supporting the 
     goals and ideals of National Women's Health Week, and for 
     other purposes; to the Committee on Health, Education, Labor, 
     and Pensions.

                          ____________________




                        ENROLLED BILLS PRESENTED

  The Secretary of the Senate reported that on today, May 17, 2010, she 
had presented to the President of the United States 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 title 17, United States Code, 
     and for other purposes.

                          ____________________




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-100. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to establish a 
     National Military Family Relief Fund and create a simple and 
     cost-effective way for taxpayers to lend a helping hand to 
     military families in need; to the Committee on Armed 
     Services.

                  Senate Concurrent Resolution No. 43

       Whereas, United States service members, especially national 
     guardsmen and reservists, often face a significant salary 
     reduction when called upon to serve our country; and
       Whereas, recent studies show that fifty-five percent of 
     married national guard members and reservists report a loss 
     of income in relation to their civilian jobs when they are 
     called to active duty, and fifteen percent experience a pay 
     cut of thirty thousand dollars or more; and
       Whereas, national guard members and reservists serving in 
     the Global War On Terrorism make up a larger percentage of 
     frontline fighting forces than in any other war in U.S. 
     history; and
       Whereas, all military families deserve thanks and 
     recognition for their sacrifices, and helping to ease the 
     financial pressures that challenge so many of America's 
     finest families must be a top priority; and
       Whereas, U.S. Congressman Bill Foster has introduced House 
     Resolution 5941, legislation designed to provide relief for 
     military families that would allow taxpayers to contribute to 
     a National Military Family Relief Fund by filling a voluntary 
     donation in a check-off box on federal income tax forms; and
       Whereas, the individually determined donation for the 
     National Military Family Relief Fund would be added to the 
     supporter's tax bill or deducted from a rebate allowing U.S. 
     citizens to support military families without placing any 
     extra burden on the federal budget; and
       Whereas, all service members and veterans who are serving, 
     or have served, in Iraq or Afghanistan or other regions of 
     service would be eligible for grants from the National 
     Military Family Relief Fund; and
       Whereas, military family relief funds have already been 
     introduced or established in at least twenty-seven states 
     with citizens, corporations and community organizations 
     proving an eagerness to lend a helping hand by generously 
     donating to military families in need. Therefore, be it

[[Page 8324]]

       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to approve H.R. 5941 to 
     establish a National Military Family Relief Fund and create a 
     simple and cost-effective way for taxpayers to lend a helping 
     hand to military families in need; be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-101. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for policies that 
     promote and foster energy innovation development in the state 
     of Utah; to the Committee on Commerce, Science, and 
     Transportation.

                   House Concurrent Resolution No. 15

       Whereas, 23 U.S.C. Sec. 159 requires states to enact 
     legislation requiring the revocation or suspension of an 
     individual's driver license for at least six months upon 
     conviction of any drug-related offense;
       Whereas, 23 U.S.C. Sec. 159 requires withholding 10% of 
     certain federal aid from states that fail to enact this 
     legislation;
       Whereas, the federal government should not dictate policy 
     or legislation of this kind for the state;
       Whereas, for Utah to be exempt from this federal 
     requirement, the Governor must submit to the United States 
     Secretary of Transportation a written certification that he 
     is opposed to the enactment or enforcement of a law related 
     to revocation of a person's driver license for any drug-
     related offense, and also submit a written certification that 
     the Utah Legislature has adopted a resolution expressing 
     opposition to the federal requirement; and
       Whereas, the state of Utah shall enforce its own driver 
     license law, which provides that Utah's Driver License 
     Division is not required to suspend a person's license for a 
     violation of certain drug-related offenses if the violation 
     did not involve a motor vehicle and the convicted person is 
     participating in, or has successfully completed, substance 
     abuse treatment at a licensed substance abuse treatment 
     program that is approved by the Division of Substance Abuse 
     and Mental Health or is participating in, or has successfully 
     completed, probation through the Department of Corrections 
     Adult Probation and Parole: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, declare their opposition to the 
     enactment or enforcement of a federal law mandating, in all 
     circumstances, the revocation or suspension of an 
     individual's driver license upon conviction of any drug-
     related offense; be it further
       Resolved, That the Legislature and the Governor declare the 
     state's determination to enforce its own law on the subject, 
     which provides that persons convicted of certain drug-related 
     offenses will not have their driver licenses revoked or 
     suspended if the violation did not involve a motor vehicle 
     and the convicted person is participating in, or has 
     successfully completed, substance abuse treatment at a 
     licensed substance abuse treatment program that is approved 
     by the Division of Substance Abuse and Mental Health or is 
     participating in, or has successfully completed, probation 
     through the Department of Corrections Adult Probation and 
     Parole; be it further
       Resolved, That a copy of this resolution be prepared and 
     delivered to the Governor of the state of Utah, and that the 
     Governor submit a copy of the resolution to the United States 
     Secretary of Transportation; be it further
       Resolved, That a copy of this resolution be sent to the 
     Utah Department of Transportation and to the members of 
     Utah's congressional delegation.
                                  ____

       POM-102. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to amend federal law to 
     ensure that consumers have the right to access their Fair 
     Isaac Corporation credit scores or any other source for 
     credit scores used by Fannie Mae, Freddie Mac, or Ginnie Mae 
     from the three major credit agencies annually at no cost; to 
     the Committee on Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 7

       Whereas, under the Fair and Accurate Credit Transactions 
     Act of 2003, consumers are entitled to a free credit report 
     once each year from any credit agency, including the nation's 
     three major credit bureaus, which are Experian, Trans Union, 
     and Equifax;
       Whereas, the credit scores used in over 90% of financial 
     transactions, including Fannie Mae, Freddie Mac, and Ginnie 
     Mae, are a version of a Fair Isaac Corporation (FICO) credit 
     score;
       Whereas, FICO's website, www.MyFico.com, is the only 
     location where consumers may access their true FICO credit 
     scores;
       Whereas, FICO takes the credit information furnished by 
     Experian, Trans Union, and Equifax and calculates that 
     information using an algorithm to develop the three credit 
     scores;
       Whereas, after Experian partially severed its relationship 
     with FICO in 2009, consumers can no longer access their FICO/
     Experian credit score;
       Whereas, now consumers can only access their Trans Union/
     FICO and Equifax/FICO credit scores on FICO's website, and 
     they are charged $14.95 each, while lenders and other 
     creditors can still access all three FICO credit scores from 
     the three major credit agencies;
       Whereas, although other companies have developed their own 
     credit scores using their own formulas, ranges, and scores, 
     lenders and creditors and other financial service companies 
     generally do not consider them reliable;
       Whereas, these scores generated by other companies are 
     often found to be substantially different than the FICO 
     credit scores, even though they are widely promoted as the 
     actual consumer credit score;
       Whereas, current federal law should be changed to address 
     the consumers' right to access their FICO credit scores from 
     the three major credit agencies once each year;
       Whereas, when consumers access their free credit report 
     from www.AnnualCreditReport.com, they should be given the 
     right to their FICO credit scores annually at no cost;
       Whereas, credit agencies should not be required to bear any 
     pass through costs from FICO in providing free FICO credit 
     scores once each year to consumers;
       Whereas, credit agencies should allow consumers the right 
     to access their credit scores from each major credit agency 
     used by Fannie Mae, Freddie Mac, and Ginnie Mae; and
       Whereas, by making it possible for consumers to access 
     their credit scores, which are used in almost every financial 
     transaction, true fairness will return to the credit scoring 
     access system: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States Congress 
     to amend federal law to ensure that consumers have the right 
     to access their Fair Isaac Corporation credit scores or any 
     other source for credit scores used by Fannie Mae, Freddie 
     Mac, or Ginnie Mae from the three major credit agencies 
     annually at no cost; be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, and to the 
     members of Utah's congressional delegation.
                                  ____

       POM-103. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the President and Congress to 
     refrain from designating new national monuments in the San 
     Rafael Swell area, the Cedar Mesa area, and any other area in 
     Utah; to the Committee on Energy and Natural Resources.

                  Senate Concurrent Resolution No. 11

       Whereas, the Antiquities Act, 16 U.S.C. Sec. 431, empowers 
     the President of the United States to singlehandedly bypass 
     congressional, state, and local land management policies and 
     tie up any federal land in Utah through national monument 
     declarations;
       Whereas, a recent confirmed United States Department of 
     Interior (DOI) internal memorandum declares that the 75-by-40 
     mile San Rafael Swell and surrounding ``canyons, gorges, 
     mesas, and buttes,'' plus an area of unspecified size 
     referred to as the Cedar Mesa area, among others, ``may be 
     good candidates for National Monument designation under the 
     Antiquities Act;''
       Whereas, the San Rafael Swell and surrounding areas and the 
     Cedar Mesa area described in the DOI memorandum are in Emery, 
     Wayne, and San Juan Counties, Utah;
       Whereas, Article I, Section 8, Clause 17 of the United 
     States Constitution grants the United States government the 
     power to exercise exclusive jurisdiction over the District of 
     Columbia and over all ``places purchased by the consent of 
     the Legislature of the State in which the same shall be, for 
     the erection of forts, magazines, arsenals, dock-yards, and 
     other needful buildings'';
       Whereas, no lands in the San Rafael Swell and Cedar Mesa 
     areas of Utah fit into this category;
       Whereas, the United States Constitution delegates to the 
     government of the United States no other power of exclusive 
     jurisdiction over land in Utah, other than that referenced in 
     Article I, Section 8, Clause 17;
       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States'';
       Whereas, Article IV, Section 4 of the United States 
     Constitution states, ``The United States shall guarantee to 
     every State in the Union a Republican Form of Government'';
       Whereas, the constitutional guarantee to Utah of a 
     republican form of government is abrogated and violated when 
     the President of the United States purports through the 
     Antiquities Act, 16 U.S.C. Sec. 431, to exercise exclusive 
     jurisdiction with the mere stroke of a pen over lands in the 
     San Rafael and Cedar Mesa areas that do not fit the category 
     of Article I, Section 8, Clause 17, exclusive jurisdiction 
     land;
       Whereas, lands in the San Rafael Swell and Cedar Mesa areas 
     of Utah are currently managed by the United States Bureau of 
     Land

[[Page 8325]]

     Management (BLM) pursuant to the Federal Land Policy 
     Management Act (FLPMA) of 1976, and the Act directs the BLM 
     to manage public lands according to Resource Management Plans 
     (RMPs) which ``shall be consistent with State and local plans 
     to the maximum extent [the Secretary of Interior] finds 
     consistent with Federal law and the purpose of [FLPMA]'';
       Whereas, the state of Utah and the counties of Emery, 
     Wayne, and San Juan have recently completed an expensive and 
     protracted multi-year FLPMA and National Environmental Policy 
     Act (NEPA) process with the BLM and the public to revise and 
     update the BLM's RMPs in planning areas which include the San 
     Rafael Swell and Cedar Mesa areas;
       Whereas, the revised RMPs do not call for the creation of 
     national monuments in the San Rafael Swell and Cedar Mesa 
     areas;
       Whereas, creating national monuments in the San Rafael 
     Swell and Cedar Mesa areas would violate and undercut the 
     integrity of the RMPs revision process in Emery, Wayne, and 
     San Juan Counties where the San Rafael Swell and Cedar Mesa 
     areas are situated, and would be inconsistent with the plans 
     and policies of the state of Utah and those counties and 
     their duly elected governmental boards and leaders, all in 
     violation of the constitutional guarantee of a republican 
     form of government as well as violating federal statutory 
     consistency requirements of FLPMA;
       Whereas, a presidential proclamation declaring national 
     monuments in the San Rafael Swell and Cedar Mesa areas would 
     single-handedly bypass the revised RMPs and the universal 
     opposition by the duly elected leaders of the state of Utah 
     and the counties where those lands lie;
       Whereas, a presidential proclamation of this type would 
     constitute an illegitimate arrogation of exclusive 
     jurisdiction over lands by the President, exceeding the 
     bounds of legitimate and lawful authority permitted by the 
     United States Constitution;
       Whereas, the Antiquities Act states, ``The President . . . 
     may reserve as a part [of a national monument] parcels of 
     land, the limits of which in all cases shall be confined to 
     the smallest areas compatible with the proper care and 
     management of the objects to be protected. . . .''
       Whereas, the size of the 1996 Grand Staircase National 
     Monument in Garfield and Kane Counties far exceeded ``the 
     smallest areas compatible'' with the feigned object of that 
     monument;
       Whereas, the size of the San Rafael Swell area stated in 
     the DOI memo, namely 75-by-40 miles plus surrounding canyons, 
     gorges, mesas, and buttes, is staggering in terms of a 
     national monument;
       Whereas, Utah favors protecting the remarkably scenic, 
     recreational, and sensitive areas of the San Rafael Swell and 
     Cedar Mesa areas, however highest and best use of vast tracts 
     of land in those areas is continued grazing and 
     environmentally sensitive energy and mineral development done 
     in such a way as to protect and preserve the scenic and 
     recreational values;
       Whereas, as history has demonstrated in the case of the 
     Grand Staircase National Monument, many thousands of acres of 
     important grazing and mineral and other multiple use 
     resources and values have been closed to reasonable 
     development due to the multi-hundred thousand acre national 
     monument designation;
       Whereas, Senator Bob Bennett has introduced S. 3016 in the 
     United States Senate, which would prohibit the further 
     extension or establishment of national monuments in Utah, 
     except by express authorization of Congress; and
       Whereas, Utah's economy, industry, culture, way of life, 
     and its viability as a sovereign state guaranteed a 
     republican form of government depend on reasonable multiple-
     use access to the BLM lands in the San Rafael Swell and Cedar 
     Mesa areas of the state, most of which will be taken away 
     through national monument designation: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express their opposition to the 
     presidential creation of any large area national monument, as 
     an abuse and violation of the Antiquities Act's smallest-
     area-compatible mandate; be it further
       Resolved, That the Legislature and the Governor oppose the 
     presidential creation of new national monuments in the San 
     Rafael Swell area, Cedar Mesa area, and any other area of 
     Utah; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that this unchecked 
     exercise of power concentrated in the President portends 
     serious consequences for Utah, as nearly 70% of the State is 
     federally owned; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that the exercise of 
     this power would essentially coronate the President, giving 
     him the ultimate ability to determine the fate of nearly 70% 
     of the entire state with the mere stroke of an unchecked 
     presidential pen; be it further
       Resolved, That the Legislature and the Governor urge 
     Congress to check the President's ability to exercise such 
     power by amending the Antiquities Act to clarify its actual 
     intent, which is to establish small discrete monuments or 
     memorials as existed in Utah prior to the unfortunate 
     creation of the 1996 Grand Staircase National Monument; be it 
     further
       Resolved, That the Legislature and the Governor strongly 
     urge the federal government to manage federal public lands in 
     Utah according to state and local government plans, policies, 
     and public input as promised by the Federal Land Policy 
     Management Act of 1976 and the United States constitutional 
     guarantee of a republican form of government on equal footing 
     with all states in the Union, or otherwise convey the federal 
     public lands to Utah for proper care and management, 
     consistent with the original intent of the Constitution's 
     Framers; be it further
       Resolved,  That the Legislature and the Governor express 
     support for S. 3016, introduced in the United States Senate, 
     which would prohibit the further extension or establishment 
     of national monuments in Utah, except by express 
     authorization of Congress; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-104. A joint resolution adopted by the Legislature of 
     the State of Utah expressing support for the Escalante 
     Heritage/Hole-in-the-Rock Center Board's efforts to preserve 
     the history of the Hole-in-the-Rock pioneers and the 
     settlement of the Escalante area; to the Committee on Energy 
     and Natural Resources.

                     Senate Joint Resolution No. 1

       Whereas, in 1879, citizens of towns throughout Southern 
     Utah answered the call of John Taylor, President of the 
     Church of Jesus Christ of Latter-day Saints, to colonize one 
     of the most remote parts of the Territory of Utah;
       Whereas, taking what these colonizers thought would be a 
     shortcut to the San Juan area, they traveled through the 
     frontier town of Escalante, which was settled in 1876, to the 
     Colorado River where they blasted and chiseled out a road in 
     the crack of the canyon wall, descending one thousand feet to 
     the Colorado River;
       Whereas, while this was the most difficult part of the 
     trek, it was only one of many difficulties they experienced 
     before reaching their destination and establishing a 
     settlement at Bluff, Utah;
       Whereas, what they thought would be a six-week journey took 
     six months;
       Whereas, the road these individuals created on their 
     journey became the first road in the Territory of Utah, 
     traveling from west to east, to be funded by the Legislature, 
     though it cost only a few thousand dollars to purchase 
     dynamite to blast through the walls of the Hole-in-the-Rock;
       Whereas, during the winter of 1879-80, 250 men, women, and 
     children, trailing over 1,000 head of livestock, blazed a 
     trail through 200 miles of the most rugged terrain in the 
     West;
       Whereas, Elizabeth Decker, a member of the colonizing party 
     described it as ``. . . the roughest country you or anybody 
     else ever saw. It's nothing in the world but rocks and holes, 
     hills and hollows'';
       Whereas, during their six-month journey, the San Juan 
     colonizers were tempered like fine steel for the formidable 
     task of tilling the land and establishing law and order;
       Whereas, in reaching the San Juan area, the colonizers 
     demonstrated unwavering faith and devotion to duty and set 
     the standard for future generations;
       Whereas, in 2002, the Church of Jesus Christ of Latter-day 
     Saints donated nine acres of land in Escalante to build a 
     Heritage Center, and also donated a water meter, which was 
     critical in allowing the project to move ahead;
       Whereas, in 2007, the Richfield office of the Utah 
     Department of Transportation granted the Escalante Heritage 
     Center $125,000 to do a feasibility study, which was 
     performed by Landmark Design of Salt Lake City and completed 
     in 2008;
       Whereas, in 2009, the Salt Lake City office of the Utah 
     Department of Transportation granted the Escalante Heritage 
     Center $500,000 to build the first of four phases of the 
     project;
       Whereas, the Escalante Heritage Center is a nonprofit 
     corporation engaged in raising private and public funds to 
     construct and maintain a center dedicated to preserving the 
     history and heritage of the Hole-in-the-Rock pioneers and the 
     Escalante area;
       Whereas, the state transportation improvement program 
     includes $200,000 for preliminary engineering to improve 
     Hole-in-the-Rock Road;
       Whereas, the Bureau of Land Management (BLM) has expressly 
     recognized in an administrative determination in 1988 that 
     Garfield County owns an R.S. 2477 right-of-way for the Hole-
     in-the-Rock Road;
       Whereas, Garfield County, Kane County, and the state of 
     Utah have valid documentation that this road has been in 
     existence since 1879 and has been in continuous use for over 
     131 years;
       Whereas, Garfield County, Kane County, and the state of 
     Utah have expended public

[[Page 8326]]

     tax monies to improve and maintain this road and other R.S. 
     2477 roads in their respective counties for access to BLM and 
     National Park Service-managed lands;
       Whereas, Kane County has filed a Quiet Title Action to 
     secure forever the property right to this road and other 
     roads in the county;
       Whereas, this case, called the Hole-in-the-Rock Quiet Title 
     Action, will be heard in federal court in the near future;
       Whereas, the Garfield County Commission fully supports this 
     endeavor and is the government sponsor of the project;
       Whereas, the Mayor and City Council of Escalante fully 
     support the Escalante Heritage Center in its endeavor to 
     preserve the history and heritage of the area;
       Whereas, the Mormon Pioneer National Heritage Area project 
     has declared the building of the Escalante Heritage Center 
     its top priority project;
       Whereas, the Escalante Heritage Center Board has received 
     letters of support from officials of the Church of Jesus 
     Christ of Latter-day Saints, the offices of both Senators 
     Hatch and Bennett, and the office of Congressman Jim 
     Matheson;
       Whereas, the Escalante Heritage Center Board has the 
     support of officials of the Grand Staircase Escalante 
     National Monument, who feel that a science center on one side 
     of the town of Escalante and a history center on the other 
     side would represent bookends of learning for everyone 
     visiting the area; and
       Whereas, Garfield County has received a letter of support 
     from the Grand Staircase Escalante National Monument for road 
     improvements: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses its support for the Escalante Heritage/Hole-in-the-
     Rock Center Board's efforts to preserve the history of the 
     Hole-in-the-Rock pioneers and the settlement of the Escalante 
     area, and to construct a building in which to tell the story 
     of these historic pioneers and to improve the road over which 
     they traveled; be it further
       Resolved, That a copy of this resolution be sent to the 
     Escalante Heritage Center Board, the Garfield County 
     Commission, the Mayor and City Council of Escalante City, the 
     Richfield and Salt Lake City offices of the Utah Department 
     of Transportation, Landmark Design, the Church of Jesus 
     Christ of Latter-day Saints, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-105. A joint resolution adopted by the Legislature of 
     the State of Utah expressing opposition to participating in 
     the Western Climate Initiative; to the Committee on Energy 
     and Natural Resources.

                     House Joint Resolution No. 21

       Whereas, Utah's location and natural resources are an 
     economic advantage and catalyst for economic growth and 
     opportunity for Utah's citizens through abundant and 
     affordable power, providing the seventh lowest electric rates 
     in the nation;
       Whereas, the nation's coal fired power plants provide for 
     half of the United States' electricity demand, and power 
     generated from Utah's abundant and clean burning coal 
     provides for nearly 90% of the state's power needs;
       Whereas, participation in the Western Climate Initiative 
     (WCI) requires Utah, through public policy, to reduce carbon 
     dioxide emissions without legislative consultation or public 
     input;
       Whereas, there has been no balanced and unbiased economic 
     analysis of the costs associated with carbon reduction 
     mandates, the economic impacts of participation in a regional 
     cap and trade program, and the consequential effect of the 
     increased costs of doing business in Utah;
       Whereas, the credibility of global climate science, data, 
     and modeling that cannot explain declining temperatures over 
     the last decade, coupled with indications that the 
     Intergovernmental Panel on Climate Change has incorporated 
     flawed science to push policymakers, requires reevaluation of 
     the ``consensus'' and full scientific scrutiny of the claims;
       Whereas, forcing business, industry, and food producers to 
     reduce carbon emissions through government mandates and cap 
     and trade policies will increase the cost of doing business, 
     push companies to do business with lower cost states or 
     nations, and increase consumer costs for electricity, fuel, 
     and food;
       Whereas, the Congressional Budget Office warns that the 
     cost of cap and trade policies under consideration for the 
     WCI, and nationally, will be borne by consumers and will 
     place a disproportionately high burden on poorer households;
       Whereas, there are growing scientific concerns that simply 
     implementing carbon reduction in Utah, the United States, or 
     in the developed world will not have a significant impact 
     while countries like China, Russia, Mexico, and India are 
     greatly expanding their carbon footprints;
       Whereas, carbon capture and sequestration are new 
     technologies not yet proven, not yet commercially 
     demonstrated, and facing legal and regulatory challenges;
       Whereas, if all nations globally met a Kyoto-style carbon 
     dioxide reduction, climate temperature would be reduced only 
     0.07 of a degree by 2050, and tremendous economic growth 
     would be sacrificed for very little global warming gain; and
       Whereas, no state or nation has enhanced economic 
     opportunities for its citizens or increased Gross Domestic 
     Product through cap and trade or other radical carbon 
     reduction policies: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the Governor to withdraw Utah from the WCI; be it further
       Resolved, That a copy of this resolution be sent to 
     Governor Herbert, the WCI, the Governor's Blue Ribbon 
     Advisory Council on Climate Change, the International Panel 
     on Climate Change, the United States Environmental Protection 
     Agency, the Utah Department of Environmental Quality, and to 
     the members of Utah's congressional delegation.
                                  ____

       POM-106. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Environmental 
     Protection Agency to immediately halt its carbon dioxide 
     reduction policies and programs and withdraw its 
     ``Endangerment Finding'' and related regulations until a full 
     and independent investigation of climate data and global 
     warming science can be substantiated; to the Committee on 
     Energy and Natural Resources.

                     House Joint Resolution No. 12

       Whereas, proposed cap and trade legislation before the 
     United States Congress, together with potential state actions 
     to reduce carbon dioxide (CO2), would result in 
     significantly higher energy costs to American consumers, 
     business, and industry;
       Whereas, the United States Environmental Protection 
     Agency's (EPA) ``Endangerment Finding'' and proposed action 
     to regulate CO2 under the Clean Air Act is based 
     on questionable climate data and would place significant 
     regulatory and financial burdens on all sectors of the 
     nation's economy at a time when the nation's unemployment 
     rate exceeds 10%;
       Whereas, global temperatures have been level and declining 
     in some areas over the past 12 years;
       Whereas, the ``hockey stick'' global warming assertion has 
     been discredited and climate alarmists' carbon dioxide-
     related global warming hypothesis is unable to account for 
     the current downturn in global temperatures;
       Whereas, there is a statistically more direct correlation 
     between twentieth century temperature rise and 
     Chlorofluorocarbons (CFCs) in the atmosphere than 
     CO2;
       Whereas, outlawed and largely phased out by 1978, in the 
     year 2000 CFCs began to decline at approximately the same 
     time as global temperatures began to decline;
       Whereas, emails and other communications between climate 
     researchers around the globe, referred to as ``Climategate,'' 
     indicate a well organized and ongoing effort to manipulate 
     global temperature data in order to produce a global warming 
     outcome;
       Whereas, there has been a concerted effort by climate 
     change alarmists to marginalize those in the scientific 
     community who are skeptical of global warming by manipulating 
     or pressuring peer-reviewed publications to keep contrary or 
     competing scientific viewpoints and findings on global 
     warming from being reviewed and published;
       Whereas, the Intergovernmental Panel on Climate Change 
     (IPCC), a blend of government officials and scientists, does 
     no independent climate research but relies on global climate 
     researchers;
       Whereas, Earth's climate is constantly changing with recent 
     warming potentially an indication of a return to more normal 
     temperatures following a prolonged cooling period from 1250 
     to 1860 called the ``Little Ice Age'';
       Whereas, more than $7 billion annually in federal 
     government grants may have influenced the climate research 
     focus and findings that have produced a ``scientific 
     consensus'' at research institutions and universities;
       Whereas, the recently completed Copenhagen climate change 
     summit resulted in little agreement, especially among growing 
     CO2-emitting nations like China and India, and 
     calls on the United States to pay billions of dollars to 
     developing countries to reduce CO2 emissions at a 
     time when the United States' national debt will exceed $12 
     trillion;
       Whereas, the United States Department of Agriculture 
     estimates that current legislation providing agriculture 
     offsets and carbon credits to reduce CO2 emissions 
     would result in tree planting on 59 million acres of crop and 
     pasture land, damaging America's food security and rural 
     communities;
       Whereas, according to the World Health Organization, 1.6 
     billion people do not have adequate food and clean water; and
       Whereas, global governance related to global warming and 
     reduction of CO2 would ultimately lock billions of 
     human beings into long-term poverty: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the United States Environmental Protection Agency to 
     immediately halt its carbon dioxide reduction policies and 
     programs and withdraw its ``Endangerment Finding'' and 
     related regulations until a full and independent 
     investigation of climate data and global warming science can 
     be substantiated; be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Environmental

[[Page 8327]]

     Protection Agency and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-107. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the United States Government and 
     the Secretary of the Interior to provide continued financial 
     assistance to the unincorporated community of Dutch John, 
     Utah; to the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 13

       Whereas, the Dutch John Federal Property Disposition and 
     Assistance Act of 1998 disposed of certain federal properties 
     located in Dutch John, Utah, and provided for assistance to 
     Daggett County for the delivery of basic services to the 
     Dutch John community, and for other purposes;
       Whereas, for the purpose of defraying costs of 
     administration and provision of basic community services, an 
     annual payment of $300,000, as adjusted by the Secretary of 
     the Interior for changes in the Consumer Price Index for all-
     urban consumers published by the Department of Labor, has 
     been provided from the Upper Colorado Basin Fund authorized 
     by Section 5 of the Act of April 11, 1956 (70 Stat. 107, 
     chapter 203; 43 U.S.C. 620d), to DaggettCounty, Utah or in 
     accordance with Subsection (c), to Dutch John, Utah, for a 
     period not to exceed 15 years beginning the first January 1 
     that occurs after the date of the effective date of this 
     resolution;
       Whereas, these payments for the purpose of defraying costs 
     of administration and provision of basic community services 
     will terminate December 31, 2013;
       Whereas, Dutch John was established in 1958 by the Bureau 
     of Reclamation to provide housing and serve project 
     construction needs for the construction of Flaming Gorge Dam;
       Whereas, permanent structures for housing, administrative 
     offices, maintenance, and other public purposes continue to 
     be owned and maintained by the Bureau of Reclamation;
       Whereas, during construction of the dam, more than 2,000 
     people were housed in the town;
       Whereas, the Bureau of Reclamation and the United States 
     Forest Service, responsible for land management at Dutch John 
     and surrounding Flaming Gorge National Recreation Area, 
     continue to provide basic services and facilities for the 
     community;
       Whereas, basic services for Dutch John, as well as the 
     operating and administrative costs for the town prior to 
     1998, were financed by the Bureau of Reclamation and the 
     United States Forest Service, then reimbursed by annual power 
     sales revenue;
       Whereas, the federal costs of providing the full range of 
     community facilities and services in Dutch John had 
     substantially grown over the years, and in 1998 approached $1 
     million annually;
       Whereas, currently, Daggett County is providing these basic 
     community services to Dutch John, such as road maintenance, 
     water, and sewer;
       Whereas, to offset these costs, while a traditional 
     community tax base was being established in Dutch John, 
     Daggett County received an annual subsidy that is to last for 
     15 years from public power revenues;
       Whereas, the Dutch John Federal Property Disposition and 
     Assistance Act of 1998 anticipated that in the initial 15-
     year period commercial developments would be established that 
     would help finance local services; and
       Whereas, the commercial developments that were anticipated 
     to occur in Dutch John to help finance local services have 
     not been established: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States 
     Government and the Secretary of the Interior to provide 
     continued financial assistance to the unincorporated 
     community of Dutch John, Utah, in the amount of at least 
     $500,000 annually, as adjusted by the Secretary of the 
     Interior for changes in the Consumer Price Index for all-
     urban consumers published by the Department of Labor, from 
     the Upper Colorado River Basin Fund for a period not to 
     exceed 15 years, for the purpose of defraying costs of 
     administration and the provision of basic community services; 
     be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Secretary of the Interior, the members of 
     Utah's congressional delegation, the United States Forest 
     Service, the Bureau of Reclamation, and the Daggett County 
     Commission.
                                  ____

       POM-108. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing support for the creation of 
     the Statue of Responsibility Monument and recognizing the 
     state of Utah's claim to the honorable moniker as ``Utah--
     Birth Place of the Statue of Responsibility''; to the 
     Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 16

       Whereas, forty years ago, Holocaust survivor and author of 
     ``Man's Search for Meaning'', Dr. Viktor E. Frankl, declared 
     that in order for freedom to endure generation after 
     generation, our liberties need to be lived in terms of 
     responsibleness;
       Whereas, Dr. Frankl then challenged America to create a 
     Statue of Responsibility on the West Coast to complement the 
     message of the Statue of Liberty on the East Coast, and that 
     these two monuments would forever stand as visual reminders 
     of the two principles, liberty and responsibility, required 
     to keep freedom's flame burning bright;
       Whereas, for a nation to endure, at crucial times in its 
     history, its core values must be revisited, reenergized, and 
     reenthroned;
       Whereas, in 1997, internationally renowned Utah sculptor, 
     Gary Lee Price, was commissioned by the Statue of 
     Responsibility Foundation to design the Statue of 
     Responsibility;
       Whereas, Mr. Price's design was approved by the Statue of 
     Responsibility Foundation's Board of Trustees in 2005;
       Whereas, the Statue of Responsibility Foundation has 
     received over $700,000 of in-kind donation support from over 
     20 Utah companies for the completion of the project's initial 
     phase, which was completed in 2008;
       Whereas, Dr. Viktor Frankl's widow, Eleonore Frankl, along 
     with other national and international dignitaries, sits on 
     the Statue of Responsibility Foundation's International Board 
     of Advisors;
       Whereas, the Statue of Responsibility Foundation will begin 
     its national public relations campaign once the host city has 
     been awarded;
       Whereas, much of the $300 million cost to build the Statue 
     of Responsibility monument will be raised in the private 
     sector by individuals, supportive non-profit organizations, 
     and public and private corporations;
       Whereas, the Statue of Responsibility Foundation is in the 
     process of determining which potential host city on the West 
     Coast will be chosen as the resting spot of the monument, and 
     details of the Statue of Responsibility Monument project can 
     be seen on www.SORfoundation.org;
       Whereas, the Statue of Responsibility Foundation will gift 
     to the state of Utah a 30-foot tall replica of the Statue of 
     Responsibility to be located in an appropriate location in 
     the state so that visitors to Utah will be able to see and be 
     reminded of the historic role Utah played in the creation of 
     this historic monument;
       Whereas, the Statue of Responsibility Monument will become 
     an educational and tourism landmark, equal to the Statue of 
     Liberty, and their combined messages will stand as beacons of 
     hope and lasting freedom to citizens of all nations;
       Whereas, Utah will forever be able to lay claim to the 
     moniker ``Utah--Birth Place of the Statue of 
     Responsibility''; and
       Whereas, the value of this moniker to the state of Utah 
     will grow through the years as millions of world visitors 
     tour both the 300-foot tall monument on the West Coast and 
     the 30-foot tall replica in Utah: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah, the 
     Governor concurring therein, express support for the creation 
     of the Statue of Responsibility Monument; be it further
       Resolved, That the Legislature and the Governor recognize 
     the state of Utah's claim to the honorable moniker as 
     ``Utah--Birth Place of the Statue of Responsibility;'' be it 
     further
       Resolved, That the Legislature and the Governor encourage 
     concerned Utahns to assist in the building of what has been 
     called ``the most compelling monument project to freedom of 
     the 21st Century'' in ways that are unique to our private 
     citizens and our corporate citizens; be it further
       Resolved, That a copy of this resolution be sent to the 
     Statue of Responsibility Foundation's organizational leaders, 
     the Statue of Responsibility Foundation's Board of Trustees, 
     and to the members of Utah's congressional delegation.
                                  ____

       POM-109. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the President and Congress to 
     refrain from designating new national monuments in the San 
     Rafael Swell area, the Cedar Mesa area, and any other area in 
     Utah; to the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 17

       Whereas, the Antiquities Act, 16 U.S.C. Sec. 31, empowers 
     the President of the United States to singlehandedly bypass 
     congressional, state, and local land management policies and 
     tie up any federal land in Utah through national monument 
     declarations;
       Whereas, a recent confirmed United States Department of 
     Interior (DOI) internal memorandum declares that the 75-by-40 
     mile San Rafael Swell and surrounding ``canyons, gorges, 
     mesas, and buttes,'' plus an area of unspecified size 
     referred to as the Cedar Mesa area, among others, ``may be 
     good candidates for National Monument designation under the 
     Antiquities Act'';
       Whereas, the San Rafael Swell and surrounding areas and the 
     Cedar Mesa area described in the DOI memorandum are in Emery, 
     Wayne, and San Juan Counties, Utah;
       Whereas, Article I, Section 8, Clause 17 of the United 
     States Constitution grants the United States government the 
     power to exercise exclusive jurisdiction over the District of 
     Columbia and over all ``places purchased by the consent of 
     the Legislature of the State in which the same shall be, for 
     the erection of forts, magazines, arsenals, dock-yards, and 
     other needful buildings'';

[[Page 8328]]

       Whereas, no lands in the San Rafael Swell and Cedar Mesa 
     areas of Utah fit into this category;
       Whereas, the United States Constitution delegates to the 
     government of the United States no other power of exclusive 
     jurisdiction over land in Utah, other than that referenced in 
     Article I, Section 8, Clause 17;
       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States'';
       Whereas, Article IV, Section 4 of the United States 
     Constitution states, ``The United States shall guarantee to 
     every State in the Union a Republican Form of Government'';
       Whereas, the constitutional guarantee to Utah of a 
     republican form of government is abrogated and violated when 
     the President of the United States purports through the 
     Antiquities Act, 16 U.S.C. Sec. 431, to exercise exclusive 
     jurisdiction with the mere stroke of a pen over lands in the 
     San Rafael and Cedar Mesa areas that do not fit the category 
     of Article 1, Section 8, Clause 17, exclusive jurisdiction 
     land;
       Whereas, lands in the San Rafael Swell and Cedar Mesa areas 
     of Utah are currently managed by the United States Bureau of 
     Land Management (BLM) pursuant to the Federal Land Policy 
     Management Act (FLPMA) of 1976, and, the Act directs the BLM 
     to manage public lands according to Resource Management Plans 
     (RMPs) which ``shall be consistent with State and local plans 
     to the maximum extent [the Secretary of Interior} finds 
     consistent with Federal law and the purpose of [FLPMA]'';
       Whereas, the state of Utah and the counties of Emery, 
     Wayne, and San Juan have recently completed an expensive and 
     protracted multi-year FLPMA and National Environmental Policy 
     Act (NEPA) process with the BLM and the public to revise and 
     update the BLM's RMPs in planning areas which include the San 
     Rafael Swell and Cedar Mesa areas;
       Whereas, the revised RMPs do not call for the creation of 
     national monuments in the San Rafael Swell and Cedar Mesa 
     areas;
       Whereas, creating national monuments in the San Rafael 
     Swell and Cedar Mesa areas would violate and undercut the 
     integrity of the RMPs revision process in Emery, Wayne, and 
     San Juan Counties where the San Rafael Swell and Cedar Mesa 
     areas are situated, and would be inconsistent with the plans 
     and policies of the state of Utah and those counties and 
     their duly elected governmental boards and leaders, all in 
     violation of the constitutional guarantee of a republican 
     form of government as well as violating federal statutory 
     consistency requirements of FLPMA;
       Whereas, a presidential proclamation declaring national 
     monuments in the San Rafael Swell and Cedar Mesa areas would 
     single-handedly bypass the revised RMPs and the universal 
     opposition by the duly elected leaders of the state of Utah 
     and the counties where those lands lie;
       Whereas, a presidential proclamation of this type would 
     constitute an illegitimate arrogation of exclusive 
     jurisdiction over lands by the President, exceeding the 
     bounds of legitimate and lawful authority permitted by the 
     United States Constitution;
       Whereas, the Antiquities Act states, ``The President . . . 
     may reserve as a part [of a national monument] parcels of 
     land, the limits of which in all cases shall be confined to 
     the smallest areas compatible with the proper care and 
     management of the objects to be protected.
       Whereas, the size of the 1996 Grand Staircase National 
     Monument in Garfield and Kane Counties far exceeded ``the 
     smallest areas compatible'' with the feigned object of that 
     monument;
       Whereas, the size of the San Rafael Swell area stated in 
     the DOI memo, namely 75-by-40 miles plus surrounding canyons, 
     gorges, mesas, and buttes, is staggering in terms of a 
     national monument;
       Whereas, Utah favors protecting the remarkably scenic, 
     recreational, and sensitive areas of the San Rafael Swell and 
     Cedar Mesa areas, however the highest and best use of vast 
     tracts of land in those areas is continued grazing and 
     environmentally sensitive energy and mineral development done 
     in such a way as to protect and preserve the scenic and 
     recreational values;
       Whereas, as history has demonstrated in the case of the 
     Grand Staircase National Monument, many thousands of acres of 
     important grazing and mineral and other multiple use 
     resources and values have been closed to reasonable 
     development due to the multi-hundred thousand acre national 
     monument designation;
       Whereas, Senator Bob Bennett has introduced S. 3016 in the 
     United States Senate, which would prohibit the further 
     extension or establishment of national monuments in Utah, 
     except by express authorization of Congress; and
       Whereas, Utah's economy, industry, culture, way of life, 
     and its viability as a sovereign state guaranteed a 
     republican form of government depend on reasonable multiple-
     use access to the BLM lands in the San Rafael Swell and Cedar 
     Mesa areas of the State, most of which will be taken away 
     through national monument designation: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express their opposition to the 
     presidential creation of any large area national monument, as 
     an abuse and violation of the Antiquities Act's smallest-
     area-compatible mandate; be it further
       Resolved, That the Legislature and the Governor oppose the 
     presidential creation of new national monuments in the San 
     Rafael Swell area, Cedar Mesa area, and any other area of 
     Utah; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that this unchecked 
     exercise of power concentrated in the President portends 
     serious consequences for Utah, as nearly 70% of the State is 
     federally owned; be it further
       Resolved, That the Legislature and the Governor declare 
     openly to the United States government that the exercise of 
     this power would essentially coronate the President, giving 
     him the ultimate ability to determine the fate of nearly 70% 
     of the entire state with the mere stroke of an unchecked 
     presidential pen; be it further
       Resolved, That the Legislature and the Governor urge 
     Congress to check the President's ability to exercise such 
     power by amending the Antiquities Act to clarify its actual 
     intent, which is to establish small discrete monuments or 
     memorials as existed in Utah prior to the unfortunate 
     creation of the 1996 Grand Staircase National Monument; be it 
     further
       Resolved, That the Legislature and the Governor strongly 
     urge the federal government to manage federal public lands in 
     Utah according to state and local government plans, policies, 
     and public input as promised by the Federal Land Policy 
     Management Act of 1976 and the United States constitutional 
     guarantee of a republican form of government on equal footing 
     with all states in the Union, or otherwise convey the federal 
     public lands to Utah for proper care and management, 
     consistent with the original intent of the Constitution's 
     Framers; be it further
       Resolved, That the Legislature and the Governor express 
     support for S 3016, introduced in the United States Senate, 
     which would prohibit the further extension or establishment 
     of national monuments in Utah, except by express 
     authorization of Congress; be it further
       Resolved, That the Legislature and the Governor express 
     strong opposition to presidential or congressional action 
     that would unnecessarily restrict and reduce public access to 
     federal lands; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-110. A resolution adopted by the House of 
     Representatives of the State of Utah expressing support for 
     policies that promote and foster energy innovation 
     development in the state of Utah; to the Committee on Energy 
     and Natural Resources.

                         House Resolution No. 8

        Whereas, energy innovation research and development is 
     occurring in universities within the state dealing with 
     creative and revolutionary ways of gathering and utilizing 
     energy from a vast array of sources including solar power, 
     get thermal power, bio fuels, oil shale, underground storage, 
     hydrogen-upgrading, carbon sequestration, carbon capture, 
     nuclear power, and computer simulation of the energy 
     industry;
       Whereas, many agencies and organizations in the state are 
     developing and promoting energy innovation, such as the Utah 
     Geological Survey, the State Energy Program, the Governor's 
     Energy Office, USTAR, the Governor's Office of Economic 
     Development, the Department of Workforce Services, the 
     Department of Administrative Services' Division of Facilities 
     Construction and Management, the Department of Natural 
     Resources' Division of Oil, Gas, and Mining, the Utah 
     Petroleum Association, and the Utah Mining Association;
       Whereas, Utah has the potential to be a world leader in 
     energy innovation and the potential to export its 
     technological advances to other states and countries;
       Whereas, Utah also has the potential to dramatically 
     improve the health, well-being, and general quality of life 
     for people not just in the state but across the world through 
     implementing innovative new technologies and processes that 
     have the capacity to produce cheap, reliable, and clean 
     energy supplies;
       Whereas, another part of Utah's energy policy is to promote 
     the development of resources and infrastructure sufficient to 
     meet the state's growing energy demands, while contributing 
     to the regional and national energy supply and reducing 
     dependence on international energy sources;
       Whereas, another part of Utah's energy policy is to have 
     adequate, reliable, affordable, sustainable, and clean energy 
     resources;
       Whereas, a focus on energy innovation, development, and 
     commercialization in the state has the potential to create 
     jobs and attract future business to Utah; and

[[Page 8329]]

       Whereas, energy innovation has the potential to 
     significantly increase the state's education fund through the 
     wise use of the state's trust lands: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah expresses support for policies that promote and foster 
     energy innovation development in the state of Utah to 
     increase employment, potentially increase education funding, 
     and make the state a national and international leader in new 
     processes and technologies; be it further
       Resolved, That a copy of this resolution be sent to Utah 
     Geological Survey, the State Energy program, the Governor's 
     Energy Office, USTAR, the Governor's Office of Economic 
     Development, the Department of Workforce Services, the 
     Division of Facilities Construction and Management, the 
     Division of Oil, Gas, and Mining, the Utah Petroleum 
     Association, the Utah Mining Association, and to the members 
     of Utah's congressional delegation.
                                  ____

       POM-111. A joint resolution adopted by the Legislature of 
     the State of Utah urging recovery plan funds be spent on 
     products made or services performed in the United States; to 
     the Committee on Finance.

                     Senate Joint Resolution No. 5

       Whereas, the nation's economic downturn is having a 
     critical impact on everyday Americans who are struggling to 
     maintain or find jobs in an increasingly difficult 
     environment;
       Whereas, these Americans are the taxpayers that provide the 
     revenue needed to operate essential government services;
       Whereas, Congress approved and President Obama signed into 
     law a taxpayer-sponsored economic recovery package that will 
     provide billions of dollars to help economically devastated 
     cities and states immediately provide jobs to millions of 
     out-of-work Americans through considerable infrastructure 
     rebuilding, green energy projects, and other projects that 
     will require manufactured components;
       Whereas, taxpayer dollars should be spent to maximize the 
     creation of American jobs and restore the economic vitality 
     of our communities;
       Whereas, any domestically produced products that are 
     purchased with economic recovery plan monies will immediately 
     help struggling American families and will help stabilize the 
     greater economy; and
       Whereas, any economic recovery plan spending should, to 
     every extent possible, include a commitment from the citizens 
     of Utah and its elected representatives to buy materials, 
     goods, and services for projects from companies that produce 
     within the United States, thus employing the very workers 
     that pay the taxes for the economic recovery spending plan: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     endorses the efforts of its citizens and government, to work 
     to maximize the creation of American jobs and restore 
     economic growth and opportunity by spending recovery plan 
     funds on products and services that both create jobs and help 
     keep Americans employed; be it further
       Resolved, That the Legislature of the state of Utah 
     expresses its commitment to purchase only products and 
     services that are made or performed in the United States 
     whenever and wherever possible with any economic recovery 
     monies provided the state of Utah by American taxpayers, as 
     long as the cost of the product or service is competitive and 
     its quality is equal or comparable to others; be it further
       Resolved, That the Legislature of the state of Utah 
     supports publishing any requests to waive these procurement 
     priorities so as to give American workers and producers the 
     opportunity to identify and provide the American products and 
     services that will maximize the success of the nation's 
     economic recovery program; be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-112. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to improve federal--
     state consultation on international trade, including 
     improving the availability of data to states necessary to 
     evaluate the impact of free trade agreements on economic 
     development within the states and state authority; to the 
     Committee on Finance.

                   House Concurrent Resolution No. 1

       Whereas, the economic prosperity of the United States is 
     best served by embracing free and fair trade in global 
     markets, investing in innovative research and technologies, 
     and providing assistance to workers impacted by technology 
     and trade trends;
       Whereas, expanding trade opportunities for American workers 
     and businesses depends on cooperation between the federal 
     government and the states;
       Whereas, the trade liberalization efforts of the early 
     1990s and trade agreements such as the North American Free 
     Trade Agreement and the World Trade Organization Uruguay 
     Round agreements have increased the need for state 
     policymakers to play a greater role in international trade 
     decisions;
       Whereas, trade liberalization has transformed the 
     historical state-federal division of power into one of 
     necessary and critical partnership, and thereby taxed state 
     agency resources in determining the impact on state laws and 
     regulations;
       Whereas, state sovereignty should be preserved by the 
     federal government in trade promotion activities;
       Whereas, states often lack a clearly defined institutional 
     trade policy structure and resources, making it difficult to 
     handle requests from trading partners and federal agencies, 
     and to articulate to a unified state stance on trade issues;
       Whereas, recent trade agreements have proceeded beyond just 
     discussion of tariffs and quotas and now substantially 
     address and affect government regulation, taxation, 
     procurement, and economic development policies that are 
     historically legislated and implemented at state and local 
     levels;
       Whereas, recent trade agreements that proceed beyond 
     tariffs and quotas intersect with traditional areas of state 
     authority under the Tenth Amendment of the United States 
     Constitution, such as regulating the environment, health, and 
     safety and, thus, have a major impact on the states' 
     continuing authority to legislate and regulate in these 
     areas;
       Whereas, international lawsuits may be brought against the 
     United States alleging that its states and localities have 
     violated trade agreements;
       Whereas, international trade agreements must ensure that 
     non-discriminatory state laws and regulations adopted for a 
     public purpose and with due process are not preempted or 
     otherwise undermined and weakened by international sanctions 
     or penalties;
       Whereas, states' interests must be paramount during the 
     negotiation of international agreements given the direct 
     impact on their police powers, policies, and programs;
       Whereas, there is a need for a strong federal-state trade 
     policy consultation mechanism;
       Whereas, the Intergovernmental Policy Advisory Committee, a 
     state-supported advisory committee to the United States Trade 
     Representative, plays an important role in providing state 
     input to the United States Trade Representative but which is 
     limited in its effectiveness by an inability to share 
     classified information with relevant state officials and 
     members of the general public;
       Whereas, compartmentalization of information within the 
     Intergovernmental Policy Advisory Committee prevents members 
     from gathering important and relevant information from those 
     state officials and members of the general public;
       Whereas, in August 2004, the Intergovernmental Policy 
     Advisory Committee recommended that a federal-state 
     International Trade Policy Commission would be an ideal 
     resource for objective trade policy analysis and would foster 
     communication among federal and state trade policy officials;
       Whereas, the creation of an effective federal-state trade 
     policy infrastructure would assist states in understanding 
     the scope of federal trade efforts, would assist federal 
     agencies in understanding the various state trade processes, 
     and would give states meaningful input into the development 
     and implementation of United States Trade Representative's 
     activities;
       Whereas, federal-state consultation should include the 
     timely and comprehensive sharing of information on the 
     substance and likely impact of trade agreements on state laws 
     and regulations, appropriate use of the state single points 
     of contact, improved trade data to assess the impact of 
     proposed and existing agreements, and a reasonable 
     opportunity for meaningful input by the states; and
       Whereas, in 2006, the Utah State Legislature statutorily 
     created the Utah International Trade Commission to study and 
     make recommendations to the Legislature concerning the impact 
     of international agreements adopted by the United States on 
     the Legislature's constitutional power to regulate state 
     affairs, public and private, and to promote Utah exports: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge Congress to improve 
     federal-state consultation on international trade, including 
     improving the availability of data to states necessary to 
     evaluate the impact of free trade agreements on economic 
     development within the states and state authority; be it 
     further
       Resolved, That copies of this resolution be sent to the 
     members of Utah's Congressional Delegation, the Office of the 
     United States Trade Representative, the Intergovernmental 
     Policy Advisory Committee, the U.S. Senate Finance Committee, 
     the U.S. House Ways and Means Committee, the Speaker of the 
     U.S. House of Representatives, and the President of the U.S. 
     Senate.
                                  ____

       POM-113. A joint resolution adopted by the Legislature of 
     the State of Utah urging Congress to refrain from instituting 
     a new federal review, oversight, or preemption of state 
     health laws, refrain from creating a federal health insurance 
     exchange or connector, and refrain from creating a federal 
     health insurance public plan option; to the Committee on 
     Finance.

[[Page 8330]]



                     House Joint Resolution No. 11

       Whereas, the Tenth Amendment to the United States 
     Constitution states, ``The powers not delegated to the United 
     States by the Constitution, nor prohibited by it to the 
     States, are reserved to the States respectively, or to the 
     people'';
       Whereas, the states primarily regulate today's health 
     insurance market, provide aggressive oversight on all aspects 
     of this market, and enforce consumer protection as well as 
     ensure local, responsive presence for consumers;
       Whereas, the state-based system of health insurance 
     regulation has served all interests well;
       Whereas, the United States Congress is considering 
     legislation that may impose restrictions on states' ability 
     to regulate health plans, including overriding already 
     adopted state patient protections;
       Whereas, Congress is considering legislation that would 
     mandate the purchase of health care insurance by all 
     Americans and require those who do not comply to pay a fine, 
     in effect unfairly forcing Americans to buy health insurance;
       Whereas, the creation of a new federal system of regulation 
     for health insurance would be inefficient, unnecessary, not 
     cost-effective, and an additional burden on the health care 
     delivery system;
       Whereas, private sector health plans are leaders in 
     innovations to improve quality, benefits, and customer 
     service that government-sponsored health plans have been slow 
     to adopt;
       Whereas, Congress is considering legislation that would 
     create a federal health insurance exchange or connector to 
     facilitate the purchase of health insurance by individuals 
     and small employers, including offering a new public plan 
     option;
       Whereas, a federal exchange would create conflicting state 
     and federal rules, resulting in consumer confusion and 
     leading to adverse selection;
       Whereas, a federal exchange would require substantial 
     resources to create a new federal entity that duplicates 
     functions currently performed by states;
       Whereas, a federal exchange would undermine states' 
     oversight role in health insurance and cause a substantial 
     shift in the regulation of the health insurance market from 
     the states to the federal government;
       Whereas, a federal exchange would undermine state authority 
     to design programs that reflect local needs;
       Whereas, a new public plan would not improve competition, 
     but would result in an uneven playing field that would shift 
     costs to the private sector and undermine private plans;
       Whereas, a new public health insurance plan would be 
     subject to constant federal changes; and
       Whereas, a new public plan is unnecessary in light of the 
     private sector's product offerings and innovations: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the United States Congress to refrain from instituting a new 
     federal review, oversight, or preemption of state health 
     insurance laws, refrain from creating a federal health 
     insurance exchange or connector, and refrain from creating a 
     federal health insurance public plan option; be it further
       Resolved, That copies of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, and to the 
     members of Utah's congressional delegation.
                                  ____

       POM-114. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging Congress to refuse to enact, and 
     the President of the United States to refuse to sign, any 
     legislation that imposes further restrictions on any state's 
     ability to regulate the payment and delivery of health care, 
     imposes additional financial burden related to health care on 
     any state, or limits the ability of consumers and businesses 
     to create innovative models for higher quality, lower cost 
     health care; to the Committee on Finance.

                   House Concurrent Resolution No. 8

       Whereas, people's health affects not only their sense of 
     well being, but their capacity to contribute to their 
     families, to their employers, and to society at large;
       Whereas, the improvement and maintenance of individual 
     health depends to a significant extent on the widespread 
     availability of affordable, high quality health care;
       Whereas, the widespread availability of affordable, high 
     quality health care is threatened by long-term runaway 
     spending in a system that too often delivers suboptimal care;
       Whereas, runaway spending and suboptimal care are 
     attributable to various factors, but are perpetuated to a 
     large extent by a third-party payer system that fails to 
     reward individual effort to preserve and improve one's health 
     and that fails to reward delivery of the most effective care 
     at the lowest cost;
       Whereas, for many years, Utah has been laying the 
     foundation for genuine long-term health system reform;
       Whereas, this foundation includes the creation of the Utah 
     Health Data Authority in 1990 and the subsequent collection 
     and publication of hospital charges by facility and adjusted 
     for risk;
       Whereas, this foundation includes the establishment in 1993 
     of the Utah Health Information Network, a nationally 
     recognized statewide system for processing health insurance 
     claims at a small fraction of the cost often charged by other 
     claims processors;
       Whereas, this foundation includes the 2005 requirement that 
     the Utah Health Data Authority publish reports that compare 
     health care facilities based on charges, quality, and safety;
       Whereas, this foundation includes the 2007-08 development 
     of an all-payer database that will report payments, as 
     opposed to charges, for entire episodes of medical care, and 
     will ultimately allow consumers to choose from among 
     competing providers of treatments for any particular 
     condition based on outcomes, price, and other attributes 
     important to the consumer;
       Whereas, this foundation includes the 2008-09 creation of 
     the first statewide system in the nation for standardized 
     electronic exchange of clinical health information across 
     provider systems, including exchange of diagnostic test 
     results and electronic medical record information;
       Whereas, this foundation includes the 2008 creation of the 
     Health System Reform Task Force, a legislative body that has 
     engaged consumers, employers, doctors, hospitals, and 
     insurers in a voluntary, cooperative effort spanning two 
     years, and involving thousands of hours, to develop a 
     strategic plan for health system reform;
       Whereas, this foundation includes the 2009-10 creation of 
     payment and delivery reform demonstration projects designed 
     to align third-party payment structures with provider 
     practices that result in the highest quality of care for both 
     chronic and acute conditions;
       Whereas, this foundation includes the 2009 creation of the 
     nation's second-only health insurance exchange, a virtual 
     marketplace where employees may enroll under a defined 
     contribution arrangement, select from a range of plans 
     broader than what an employer traditionally offers, and fund 
     premiums with contributions from multiple sources;
       Whereas, this foundation outlined above is the result of an 
     iterative process of creation and refinement that has relied 
     heavily on the input of all major stakeholders in the health 
     care system and has been established largely on the basis of 
     cooperation and consensus rather than compulsion;
       Whereas, many of the perverse incentives that plague our 
     health care system are rooted in federal Medicare and 
     Medicaid payment policies, which exert a disproportionate 
     influence on the privately funded portions of our health care 
     system;
       Whereas, federal proposals for health system reform 
     recently considered by Congress emphasize enrollment 
     expansion rather than cost containment, much like boarding 
     additional passengers on an already sinking Titanic;
       Whereas, those proposals include laudable authorizations 
     for payment and delivery reform demonstration projects but 
     otherwise largely lack significant cost containment 
     provisions;
       Whereas, those proposals include many provisions to improve 
     quality of care but fall short of the systemic changes needed 
     to fully link outcomes and payment;
       Whereas, states have consistently proven themselves 
     laboratories of policy innovation, in spite of sometimes 
     stifling federal regulatory restrictions;
       Whereas, the best hope for health system reform lies with 
     individual states, where an iterative process of 
     experimentation, evaluation, and modification will minimize 
     the unintended consequences of one-size-fits-all national 
     policies and will produce results worth replicating; and
       Whereas, states are in need of additional financial 
     resources and flexibility to experiment rather than 
     additional benefit mandates, Medicaid eligibility mandates, 
     and rating restrictions, all of which will inevitably drive 
     up health care spending and costs to states: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge Congress to refuse to 
     enact, and the President of the United States to refuse to 
     sign, any legislation that imposes further restrictions on 
     any state's ability to regulate the payment and delivery of 
     health care, imposes additional financial burden related to 
     health care on any state, or limits the ability of consumers 
     and businesses to create innovative models for higher 
     quality, lower cost health care; be it further
       Resolved, That the Legislature and the Governor urge that 
     Congress pass, and the President sign, legislation that 
     grants states greater flexibility under federal laws and 
     regulations related to health care and encourages states to 
     create health reform demonstration projects with the 
     potential for replication elsewhere; be it further
       Resolved, That the Legislature and the Governor urge that 
     should Congress pass, and the President sign, legislation 
     that further restricts states in any manner, the legislation 
     recognize states' efforts to reform health care by 
     grandfathering any state laws, regulations, or practices 
     intended to

[[Page 8331]]

     contain costs, improve quality, increase consumerism, or 
     otherwise implement health system reform concepts; be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the President of 
     the United States, and the members of Utah's Congressional 
     delegation.
                                  ____

       POM-115. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to review the GPO and 
     WEP Social Security benefit reductions and to consider 
     eliminating or reducing them by enacting the Social Security 
     Fairness Act of 2009, the Public Servant Retirement 
     Protection Act of 2009, the Windfall Elimination Provision 
     Relief Act of 2009, or a similar instrument; to the Committee 
     on Finance.

                   Senate Concurrent Resolution No. 6

       Whereas, the Congress of the United States has enacted both 
     the Government Pension Offset (GPO), reducing the spousal and 
     survivor Social Security benefit, and the Windfall 
     Elimination Provision (WEP), reducing the earned Social 
     Security benefit for any person who also receives a public 
     pension benefit; and
       Whereas, the intent of Congress in enacting the GPO and the 
     WEP provisions was to address concerns that a public employee 
     who had worked primarily in federal, state, or local 
     government employment might receive a public pension in 
     addition to the same Social Security benefit as a person who 
     had worked only in employment covered by Social Security 
     throughout his career; and
       Whereas, the purpose of Congress in enacting these 
     reduction provisions was to provide a disincentive for public 
     employees to receive two pensions; and
       Whereas, the GPO negatively affects a spouse or survivor 
     receiving a federal, state, or local government retirement or 
     pension benefit who would also be entitled to a Social 
     Security benefit earned by a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     Social Security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement or pension 
     benefit received by the spouse or survivor, in many cases 
     completely eliminating the Social Security benefit; and
       Whereas, nine out of ten public employees affected by the 
     GPO lose their entire spousal benefits, even though their 
     spouses paid Social Security taxes for many years; and
       Whereas, the GPO often reduces spousal benefits so 
     significantly it can make the difference between self-
     sufficiency and poverty; and
       Whereas, the GPO has a harsh effect on thousands of 
     citizens and undermines the original purpose of the Social 
     Security dependent/survivor benefit; and
       Whereas, the GPO negatively impacts approximately 21,900 
     Louisianans; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement or pension 
     benefits, in addition to working in employment covered under 
     Social Security and paying into the Social Security system; 
     and
       Whereas, the WEP reduces the earned Social Security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce Social Security benefits for affected persons by as 
     much as one-half of the retirement benefit earned as a public 
     servant in employment not covered under Social Security; and
       Whereas, the WEP causes hard-working individuals to lose a 
     significant portion of the social security benefits that they 
     earn themselves; and
       Whereas, the WEP negatively impacts approximately 18,300 
     Louisianans; and
       Whereas, because of these calculation characteristics, the 
     GPO and the WEP have a disproportionately negative effect on 
     employees working in lower-wage government jobs, like 
     policemen, firefighters, teachers, and state employees; and
       Whereas, many workers rely on Social Security 
     Administration Annual Statements that fail to take into 
     account the GPO and WEP when projecting benefits; and
       Whereas, because the Social Security benefit statements do 
     not calculate the GPO and the WEP, many public employees in 
     Louisiana are unaware that their expected Social Security 
     benefits shown on such statements will be significantly lower 
     or nonexistent due to the service in public employment; and
       Whereas, these provisions also have a greater adverse 
     effect on women than on men because of the gender differences 
     in salary that continue to plague our nation and the longer 
     life expectancy of women; and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of its citizens and to encourage them to live 
     here lifelong, yet the current GPO and WEP provisions 
     compromise that quality of life; and
       Whereas, retired individuals negatively affected by GPO and 
     WEP have significantly less money to support their basic 
     needs and sometimes have to turn to government assistance 
     programs; and
       Whereas, the GPO and the WEP penalize individuals who have 
     dedicated their lives to public service by taking away 
     benefits they have earned; and
       Whereas, our nation should respect, not penalize, public 
     service; and
       Whereas, the number of people affected by GPO and WEP is 
     growing every day as more and more people reach retirement 
     age; and
       Whereas, the GPO and WEP are established in federal law and 
     repeal of the GPO and the WEP can only be enacted by the 
     United States Congress: Now therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to review the 
     GPO and the WEP Social Security benefit reductions and to 
     consider eliminating or reducing them by enacting the Social 
     Security Fairness Act of 2009 (H.R. 235 or S. 484), the 
     Public Servant Retirement Protection Act of 2009 (H.R. 1221, 
     S. 490), the Windfall Elimination Provision Relief Act of 
     2009 (H.R. 2145), or a similar instrument; be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-116. A resolution adopted by the House of 
     Representatives of the State of Utah strongly urging the 
     President to submit the Comprehensive Test Ban Treaty to the 
     United States Senate and the United States Senate to promptly 
     give its advice and consent for ratification of the 
     Comprehensive Test Ban Treaty; to the Committee on Foreign 
     Relations.

                         House Resolution No. 4

       Whereas, a global halt to nuclear weapons testing has been 
     a bipartisan objective of the United States since the late 
     1950s when President Dwight D. Eisenhower sought a 
     comprehensive nuclear test ban;
       Whereas, the United States has not conducted a nuclear 
     weapons test since the United States suspended testing and 
     joined with the Union of Soviet Socialist Republics in a 
     nuclear weapons testing moratorium in September 1992;
       Whereas, the Comprehensive Test Ban Treaty (CTBT) was 
     opened for signature on September 24, 1996, and President 
     Bill Clinton was the first head of state to sign the Treaty;
       Whereas, no nuclear tests have been conducted since that 
     time by the United States, Russia, or China;
       Whereas, as of June 2009, 180 states have signed the CTBT 
     and 148 have ratified it;
       Whereas, ratification of the CTBT would signal a strong 
     commitment by the United States to fulfill its obligations 
     under the Nuclear Non-Proliferation Treaty, prompt 
     ratification by other states which is necessary for the 
     Treaty to enter into force, reinforce the global taboo 
     against nuclear weapons testing, and set an example for the 
     rest of the world;
       Whereas, a global verifiable ban on nuclear weapons testing 
     would prevent potential nuclear powers from proof testing 
     smaller nuclear bombs that can be delivered on ballistic 
     missiles;
       Whereas, United States ratification of the CTBT would be a 
     significant step towards preventing the spread of nuclear 
     weapons, reducing nuclear weapons arsenals worldwide, and 
     building confidence among nations that abolition of nuclear 
     weapons can someday be achieved;
       Whereas, after 1,030 nuclear test explosions, further 
     nuclear weapons testing is not necessary to maintain the 
     integrity, effectiveness, and deterrence value of the 
     existing United States nuclear weapons stockpile, nor is 
     there any new military requirement for new types of United 
     States nuclear warheads;
       Whereas, the United States government acknowledges that 433 
     of 824 United States underground tests have vented radiation 
     to the atmosphere;
       Whereas, as part of its recognition of the 50th anniversary 
     of nuclear weapons testing at the Nevada Test Site, in the 
     2001 General Session, the 54th Legislature of the state of 
     Utah expressed, ``the fervent desire and commitment to assure 
     that such a legacy will never be repeated'';
       Whereas, resumption of United States nuclear weapons 
     testing would place persons downwind of the Nevada test 
     location at risk of exposure to radioactive emissions from 
     possible venting;
       Whereas, citizens of Utah living downwind of the Nevada 
     Test Site have already suffered significant health effects as 
     a result of nuclear weapons testing;
       Whereas, in the best interests of their children and 
     grandchildren, Utah's remaining ``downwinders'' continue to 
     fight the resumption of any nuclear weapons testing;
       Whereas, past nuclear weapons testing at the Nevada Test 
     Site has devastated the health and livelihoods of thousands 
     of Utahns;
       Whereas, in 2005, the 58th Legislature of the state of Utah 
     voted in support of a Concurrent Resolution Opposing Nuclear 
     Testing, articulating that, ``The state of Utah has an 
     obligation to its citizens, especially those who have 
     suffered so much, to do all in its power to ensure that the 
     lingering wounds from nuclear testing are not reopened to 
     afflict both current and future generations'';
       Whereas, the Legislature of the state of Utah supports a 
     strong military defense, but atomic weapons tests are not a 
     necessary component of that defense;

[[Page 8332]]

       Whereas, United States' citizens must not be subjected to 
     the hazards of future nuclear weapons tests;
       Whereas, the CTBT Organization effectively monitors 
     compliance with the CTBT through an International Monitoring 
     System, consisting of 337 stations using state-of-the-art 
     seismic, hydroacoustic, infrasound and radionuclide 
     technologies and capable of detecting and identifying a 
     nuclear weapons test explosion anywhere in the world within 
     hours;
       Whereas, the CTBT is effectively verifiable and would 
     improve the United States' ability to detect, deter, and 
     respond to potential surreptitious nuclear weapons testing by 
     other nations;
       Whereas, Article 9 of the CTBT permits withdrawal by the 
     United States in case extraordinary future developments, 
     including the need to respond to a violation by another 
     nation, were to jeopardize our supreme national interests;
       Whereas, independent expert assessments commissioned by the 
     National Nuclear Security Administration have concluded that 
     measures under the Stockpile Stewardship Program and Life 
     Extension Program can support certification of today's 
     nuclear warheads as safe, secure, and reliable for decades 
     without the need to resort to underground nuclear weapons 
     testing and
       Whereas, the CTBT would increase international safety and 
     security and is in the best interests of Utah, the United 
     States, and the world: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah strongly urges the President of the United States to 
     submit the Comprehensive Test Ban Treaty to the United States 
     Senate; be it further
       Resolved, That the House of Representatives of the state of 
     Utah strongly urges the United States Senate to promptly give 
     its advice and consent for ratification of the Comprehensive 
     Test Ban Treaty; be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, and to Utah Senators Orrin Hatch and 
     Bob Bennett.
                                  ____

       POM-117. A concurrent resolution adopted by the Legislature 
     of the State of Utah reaffirming friendship with the people 
     of Taiwan and urging the Obama Administration to support 
     Taiwan's meaningful participation in the United Nations 
     specialized agencies, programs, and conventions; to the 
     Committee on Foreign Relations.

                   House Concurrent Resolution No. 11

       Whereas, July 23, 2010, will mark the 30th anniversary of a 
     sister state relationship between Utah and Taiwan;
       Whereas, for the past 30 years, four sister county and 
     sister city relationships with Taiwan have also been 
     strengthened, resulting in better mutual understanding of the 
     economic, social, and cultural heritages of Utah and Taiwan;
       Whereas, in 2008, Taiwan was Utah's third largest export 
     market;
       Whereas, Utah exports to Taiwan have reached $727,000,000, 
     an increase of over 244% since 2007;
       Whereas, Utah companies still have substantial 
     opportunities to expand their businesses and cooperation with 
     Taiwan;
       Whereas, Utah has already attracted investment from several 
     Taiwanese companies, and there is significant potential for 
     Taiwanese enterprises to further boost investment and create 
     jobs in Utah;
       Whereas, in May 2009, the World Health Organization invited 
     Taiwan to attend the 62nd World Health Assembly as an 
     observer;
       Whereas, this development raises the possibility for Taiwan 
     to be meaningfully involved in other United Nations 
     specialized agencies, programs, and conventions;
       Whereas, Taiwan is a key air transport hub in the Asia-
     Pacific region, with approximately 2,600 weekly flights to 
     and from neighboring countries;
       Whereas, the Taipei Flight Information Region under 
     Taiwan's jurisdiction currently serves 12 international and 
     four domestic routes and has 1,350,000 controlled flights 
     passing through every year;
       Whereas, the 2008 statistics from Airports Council 
     International ranked Taiwan's Taoyuan International Airport 
     as the world's 11th largest airport by international cargo 
     volume, and 19th in terms of international passengers 
     services; and
       Whereas, given Taiwan's prominent role in regional air 
     control and transport services, it would be beneficial for 
     Taiwan to have meaningful participation in the International 
     Civil Aviation Organization, in order to safeguard the 
     traveling of passengers from home and abroad: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, reaffirm their friendship with 
     the people of Taiwan and urge the Obama Administration to 
     support Taiwan's meaningful participation in United Nations 
     specialized agencies, programs, and conventions; be it 
     further
       Resolved, That the Legislature and the Governor express 
     support for a strong and deepening relationship between Utah 
     and Taiwan; be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States and to the government of 
     Taiwan.
                                  ____

       POM-118. A joint resolution adopted by the Legislature of 
     the State of Utah expressing opposition to the establishment 
     of a National Commission on State Workers' Compensation Laws; 
     to the Committee on Health, Education, Labor, and Pensions.

                     House Joint Resolution No. 10

       Whereas, state workers' compensation laws should provide an 
     injured worker with all reasonable and necessary medical 
     treatment that promotes expeditious healing, a return to 
     work, a fair level of income benefits during disability, and 
     protection against lost wages;
       Whereas, state workers' compensation laws should assure 
     that employees receive just compensation at a cost affordable 
     to employers;
       Whereas, the state-based workers' compensation system has 
     proven over the near-century of its existence to be an 
     effective means of protecting injured workers against the 
     costs of industrial injury, while protecting employers 
     against the unlimited and unpredictable costs of workplace 
     liability;
       Whereas, a state-based benefit delivery system reflects the 
     nature and cost of employment in individual states and is an 
     exemplar of the federal system, in which power is dispersed 
     among the states, facilitating timely response and the 
     ability to tailor remedies to state-specific conditions;
       Whereas, the imposition of federal oversight and 
     development of federal mandates on the state workers' 
     compensation system should be opposed, including any proposed 
     legislation that would unnecessarily increase the federal 
     bureaucracy and create federal regulation in an area where 
     states are currently providing adequate oversight;
       Whereas, federal requirements on the state-based system 
     would create unnecessary imbalances and unintended 
     consequences for a system that has been operating effectively 
     for decades;
       Whereas, a state workers' compensation system, its 
     administration, legal precedents, funding, and fiscal 
     accountability, which is intricately linked to each state's 
     economy, is a much more effective approach m dealing with 
     workers' compensation issues;
       Whereas, the state-based system provides the ability to 
     experiment creatively and borrow from experiences in other 
     states without the burden of a rigid, nationwide, one-size-
     fits-all federal program that is slow to change and 
     administratively cumbersome;
       Whereas, the rights of states and their respective 
     legislatures and stakeholders to review the performance of 
     state-based workers' compensation systems should be 
     preserved;
       Whereas, it is not the province of Congress to interfere 
     with the state administration of workers' compensation: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses strong support for the current state-based workers' 
     compensation system and opposes any proposed federal 
     legislation that would lead to broadening the federal role in 
     that system; be it further
       Resolved, That the Legislature of the state of Utah opposes 
     H.R. 635, introduced in the 111th United States Congress, 
     that would establish a National Commission on State Workers' 
     Compensation Laws, because the Commission's evaluation is 
     intended, and will assuredly lead, to recommendations that 
     would erode the independence of the state-based workers' 
     compensation benefit delivery system, would seek to impose 
     federal benefit delivery system rules, which Congress would 
     be expected to approve, that inherently interfere with state 
     benefit systems, would increase system costs nationwide, and 
     would frustrate efforts of the states to contain costs; be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-119. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Department of 
     Veterans Affairs to prioritize Utah for the construction of 
     another veterans' nursing home; to the Committee on Veterans' 
     Affairs.

                      House Joint Resolution No. 9

       Whereas, there is greet need for the construction of an 
     additional nursing home for veterans in Utah;
       Whereas, Utah is still significantly below the nation's 
     average for the total number of needed veterans' nursing 
     homes statewide;
       Whereas, due to the heavy numbers of veterans in the state 
     of Utah, the United States Department of Veterans Affairs 
     should prioritize Utah for the construction of an additional 
     veterans' nursing home;
       Whereas, Utah should also be prioritized based on the 
     absolute promise of the United States Department of Veterans 
     Affairs to reimburse the state for the Veterans' Nursing Home 
     in Ogden;
       Whereas, any and all efforts by the state of Utah to 
     continue to help veterans acquire properties and build a home 
     in central and southern Utah should be encouraged;
       Whereas, the citizens of Utah and the citizens of the 
     United States owe a debt to our veterans of the past, 
     present, and future; and
       Whereas, constructing an additional veterans' nursing home 
     will demonstrate a

[[Page 8333]]

     measure of gratitude for their service: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah 
     strongly encourages the United States Department of Veterans 
     Affairs to prioritize Utah for the construction of another 
     veteran' nursing home; be it further
       Resolved, That the Legislature of the state of Utah 
     encourages any and all efforts by the state of Utah to 
     continue helping veterans acquire properties and build a 
     veterans' nursing home in central and southern Utah; be it 
     further
       Resolved, That copies of this resolution be sent to the 
     United States Department of Veterans Affairs, the Utah 
     Department of Veteran's Affairs, and to the members of Utah's 
     congressional delegation.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. AKAKA, from the Committee on Veterans' Affairs, 
     without amendment:
       S. 3378. An original bill to authorize health care for 
     individuals exposed to environmental hazards at Camp Lejeune 
     and the Atsugi Naval Air Facility, to establish an advisory 
     board to examine exposures to environmental hazards during 
     military service, and for other purposes (Rept. No. 111-189).
       By Mrs. BOXER, from the Committee on Environment and Public 
     Works, with an amendment in the nature of a substitute:
       S. 1214. A bill to conserve fish and aquatic communities in 
     the United States through partnerships that foster fish 
     habitat conservation, to improve the quality of life for the 
     people of the United States, and for other purposes (Rept. 
     No. 111-190).
       By Mr. INOUYE, from the Committee on Appropriations:
       Special Report entitled ``Further Revised Budget Allocation 
     to Subcommittees of Budget Totals'' (Rept. No. 111-191).
       By Mr. LIEBERMAN, from the Committee on Homeland Security 
     and Governmental Affairs, without amendment:
       S. 2868. A bill to provide increased access to the General 
     Services Administration's Schedules Program by the American 
     Red Cross and State and local governments (Rept. No. 111-
     192).

                          ____________________




              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. AKAKA:
       S. 3378. An original bill to authorize health care for 
     individuals exposed to environmental hazards at Camp Lejeune 
     and the Atsugi Naval Air Facility, to establish an advisory 
     board to examine exposures to environmental hazards during 
     military service, and for other purposes; from the Committee 
     on Veterans' Affairs; placed on the calendar.
           By Mrs. BOXER:
       S. 3379. A bill to amend the Clean Air Act to reduce carbon 
     pollution and create clean energy jobs; to the Committee on 
     Environment and Public Works.
           By Mr. ROCKEFELLER (for himself and Mr. Kerry):
       S. 3380. A bill to amend the Internal Revenue Code of 1986 
     to provide for the treatment of securities of a controlled 
     corporation exchanged for assets in certain reorganizations; 
     to the Committee on Finance.
           By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Tester):
       S. 3381. A bill to amend the Clean Air Act to modify 
     certain definitions of the term ``renewable biomass'', and 
     for other purposes; to the Committee on Environment and 
     Public Works.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. KERRY (for himself, Mrs. Feinstein, and Mr. 
             Udall of Colorado):
       S. Res. 532. A resolution recognizing Expo 2010 Shanghai 
     China and the USA Pavilion at the Expo; to the Committee on 
     Foreign Relations.
           By Ms. LANDRIEU (for herself, Mr. Grassley, Mrs. 
             Lincoln, Mr. Levin, Mr. Cardin, Mr. Begich, Mr. 
             Kerry, Mr. Inhofe, Ms. Collins, Ms. Snowe, Mr. Bayh, 
             Mr. Franken, Mr. Akaka, Mrs. Murray, Mrs. Gillibrand, 
             Mr. Nelson of Nebraska, Mr. Casey, Mrs. Boxer, Mr. 
             Specter, Mr. Cochran, and Mr. Lautenberg):
       S. Res. 533. A resolution recognizing National Foster Care 
     Month as an opportunity to raise awareness about the 
     challenges of children in the foster care system and 
     encouraging Congress to implement policy to improve the lives 
     of children in the foster care system; considered and agreed 
     to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 266

  At the request of Mr. Nelson of Florida, the name of the Senator from 
Wisconsin (Mr. Feingold) was added as a cosponsor of S. 266, a bill to 
amend title XVIII of the Social Security Act to reduce the coverage gap 
in prescription drug coverage under part D of such title based on 
savings to the Medicare program resulting from the negotiation of 
prescription drug prices.


                                 S. 311

  At the request of Mrs. Boxer, the name of the Senator from Maine (Ms. 
Snowe) was added as a cosponsor of S. 311, a bill to prohibit the 
application of certain restrictive eligibility requirements to foreign 
nongovernmental organizations with respect to the provision of 
assistance under part I of the Foreign Assistance Act of 1961.


                                 S. 504

  At the request of Mr. Roberts, the names of the Senator from 
Tennessee (Mr. Alexander), the Senator from New Mexico (Mr. Bingaman), 
the Senator from Missouri (Mr. Bond), the Senator from Ohio (Mr. 
Brown), the Senator from Illinois (Mr. Burris), the Senator from 
Georgia (Mr. Chambliss), the Senator from Oklahoma (Mr. Coburn), the 
Senator from Mississippi (Mr. Cochran), the Senator from North Dakota 
(Mr. Conrad), the Senator from Utah (Mr. Hatch), the Senator from Texas 
(Mrs. Hutchison), the Senator from Louisiana (Ms. Landrieu), the 
Senator from Florida (Mr. LeMieux), the Senator from Indiana (Mr. 
Lugar), the Senator from West Virginia (Mr. Rockefeller), the Senator 
from Alabama (Mr. Shelby), the Senator from Maine (Ms. Snowe), the 
Senator from Montana (Mr. Tester), the Senator from Mississippi (Mr. 
Wicker) and the Senator from Oregon (Mr. Wyden) were added as 
cosponsors of S. 504, a bill to redesignate the Department of the Navy 
as the Department of the Navy and Marine Corps.


                                 S. 632

  At the request of Mr. Baucus, the name of the Senator from Nebraska 
(Mr. Nelson) was added as a cosponsor of S. 632, a bill to amend the 
Internal Revenue Code of 1986 to require that the payment of the 
manufacturers' excise tax on recreational equipment be paid quarterly.


                                 S. 634

  At the request of Mr. Harkin, the name of the Senator from 
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 634, a bill to 
amend the Elementary and Secondary Education Act of 1965 to improve 
standards for physical education.


                                 S. 831

  At the request of Mr. Kerry, the name of the Senator from Minnesota 
(Ms. Klobuchar) was added as a cosponsor of S. 831, a bill to amend 
title 10, United States Code, to include service after September 11, 
2001, as service qualifying for the determination of a reduced 
eligibility age for receipt of non--regular service retired pay.


                                 S. 999

  At the request of Mr. Bingaman, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 999, a bill to increase the 
number of well--trained mental health service professionals (including 
those based in schools) providing clinical mental health care to 
children and adolescents, and for other purposes.


                                S. 1055

  At the request of Mrs. Boxer, the name of the Senator from Wisconsin 
(Mr. Feingold) was added as a cosponsor of S. 1055, a bill to grant the 
congressional gold medal, collectively, to the 100th Infantry Battalion 
and the 442nd Regimental Combat Team, United States Army, in 
recognition of their dedicated service during World War II.


                                S. 1239

  At the request of Mr. Bingaman, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1239, a bill to 
amend section 340B of the Public Health Service Act to revise and 
expand the drug discount program under that section to improve the 
provision of discounts on drug purchases for certain safety net 
providers.


                                S. 2736

  At the request of Mr. Franken, the name of the Senator from New 
Jersey

[[Page 8334]]

(Mr. Lautenberg) was added as a cosponsor of S. 2736, a bill to reduce 
the rape kit backlog and for other purposes.


                                S. 2749

  At the request of Mrs. Gillibrand, the name of the Senator from 
Michigan (Mr. Levin) 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. 3201

  At the request of Mr. Udall of Colorado, the name of the Senator from 
Hawaii (Mr. Akaka) was added as a cosponsor of S. 3201, a bill to amend 
title 10, United States Code, to extend TRICARE coverage to certain 
dependents under the age of 26.


                                S. 3206

  At the request of Mr. Harkin, the name of the Senator from Michigan 
(Mr. Levin) was added as a cosponsor of S. 3206, a bill to establish an 
Education Jobs Fund.


                                S. 3213

  At the request of Mr. Levin, the name of the Senator from Minnesota 
(Mr. Franken) was added as a cosponsor of S. 3213, a bill to ensure 
that amounts credited to the Harbor Maintenance Trust Fund are used for 
harbor maintenance.


                                S. 3234

  At the request of Mrs. Murray, the name of the Senator from Ohio (Mr. 
Brown) was added as a cosponsor of S. 3234, a bill to improve 
employment, training, and placement services furnished to veterans, 
especially those serving in Operation Iraqi Freedom and Operation 
Enduring Freedom, and for other purposes.


                                S. 3266

  At the request of Mr. Bennet, the names of the Senator from Oregon 
(Mr. Wyden) and the Senator from Connecticut (Mr. Lieberman) were added 
as cosponsors of S. 3266, a bill to ensure the availability of loan 
guarantees for rural homeowners.


                                S. 3311

  At the request of Mr. Kerry, the names of the Senator from Indiana 
(Mr. Bayh) and the Senator from Pennsylvania (Mr. Casey) were added as 
cosponsors of S. 3311, a bill to improve and enhance the capabilities 
of the Department of Defense to prevent and respond to sexual assault 
in the Armed Forces, and for other purposes.


                                S. 3327

  At the request of Mr. Lieberman, the name of the Senator from 
Nebraska (Mr. Johanns) was added as a cosponsor of S. 3327, a bill to 
add joining a foreign terrorist organization or engaging in or 
supporting hostilities against the United States or its allies to the 
list of acts for which United States nationals would lose their 
nationality.


                                S. 3329

  At the request of Mr. Lautenberg, the name of the Senator from 
Maryland (Mr. Cardin) was added as a cosponsor of S. 3329, a bill to 
provide triple credits for renewable energy on brownfields, and for 
other purposes.


                                S. 3350

  At the request of Mr. Bingaman, the name of the Senator from Iowa 
(Mr. Grassley) was added as a cosponsor of S. 3350, a bill to amend the 
Internal Revenue Code of 1986 to permanently modify the limitations on 
deduction of interest by financial institutions which hold tax--exempt 
bonds, and for other purposes.


                                S. 3372

  At the request of Mrs. Boxer, the names of the Senator from Maryland 
(Mr. Cardin) and the Senator from Minnesota (Ms. Klobuchar) were added 
as cosponsors of S. 3372, a bill to modify the date on which the 
Administrator of the Environmental Protection Agency and applicable 
States may require permits for discharges from certain vessels.


                                S. 3377

  At the request of Mr. Burr, the name of the Senator from Illinois 
(Mr. Burris) was added as a cosponsor of 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.


                           AMENDMENT NO. 3746

  At the request of Mr. Whitehouse, the name of the Senator from Alaska 
(Mr. Begich) was added as a cosponsor of amendment No. 3746 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. 3883

  At the request of Ms. Snowe, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of amendment No. 3883 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. 3887

  At the request of Mr. Carper, the names of the Senator from Indiana 
(Mr. Bayh) and the Senator from Minnesota (Ms. Klobuchar) were added as 
cosponsors of amendment No. 3887 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. 3919

  At the request of Mr. Conrad, the name of the Senator from Texas 
(Mrs. Hutchison) was added as a cosponsor of amendment No. 3919 
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. 3920

  At the request of Mr. Harkin, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of amendment No. 3920 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. 3931

  At the request of Mr. Merkley, the name of the Senator from 
Massachusetts (Mr. Kerry) was added as a cosponsor of amendment No. 
3931 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. 3944

  At the request of Mr. Corker, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of amendment No. 3944 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. 3949

  At the request of Mr. Carper, the names of the Senator from Louisiana 
(Mr. Vitter) and the Senator from Idaho (Mr. Crapo) were added as 
cosponsors of amendment No. 3949 intended to be proposed to S. 3217, an

[[Page 8335]]

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 names of the Senator from Alaska 
(Ms. Murkowski) and the Senator from Utah (Mr. Hatch) were added as 
cosponsors of amendment No. 3986 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. 4006

  At the request of Mr. Pryor, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of amendment No. 4006 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. 4008

  At the request of Mr. Dorgan, the name of the Senator from Ohio (Mr. 
Brown) was added as a cosponsor of amendment No. 4008 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. 4016

  At the request of Mr. Udall of Colorado, the names of the Senator 
from Ohio (Mr. Brown), the Senator from New York (Mrs. Gillibrand) and 
the Senator from New Jersey (Mr. Menendez) were added as cosponsors of 
amendment No. 4016 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. 4018

  At the request of Mr. Enzi, the name of the Senator from Alabama (Mr. 
Shelby) was added as a cosponsor of amendment No. 4018 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. 4036

  At the request of Mr. Bennett, the name of the Senator from Nevada 
(Mr. Ensign) was added as a cosponsor of amendment No. 4036 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.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Tester):
  S. 3381. A bill to amend the Clean Air Act to modify certain 
definitions of the term ``renewable biomass'', and for other purposes; 
to the Committee on Environment and Public Works.
  Mr. BAUCUS. Mr. President, I rise today to introduce legislation with 
my colleagues Senator Crapo and Senator Tester that will establish a 
single definition of renewable biomass for the purposes of the 
Renewable Fuel Standard, RFS, a future Renewable Electricity Standard, 
RES, and climate change legislation.
  When I travel back to my hometown of Helena, MT, trees that line the 
roads there are turning red. Mountain pine beetles are killing 
Montana's trees at a terrible rate. Our legendary harsh winters once 
were enough to keep the beetles at bay, but no longer. Global warming 
has literally hit home for me. These thousands of acres of red, dead 
trees are virtually worthless under current law, serving as little more 
than kindling for wildfires.
  This bill can help add value to this biomass while also creating a 
source of renewable domestic energy. It will establish a simple, broad, 
single definition for renewable biomass that is consistent with current 
law--the 2008 Farm Bill.
  Some say this definition is too broad and fails to protect 
ecologically sensitive areas. In fact, there are many laws that dictate 
Federal forest management, and my amendment does nothing to change 
these laws. All projects that would create biomass due to my amendment 
would have to comply with the National Forest Management Act, the 
Endangered Species Act, the National Environmental Policy Act and 
others.
  All projects on federal forests must go through NEPA where the land 
management agency must study potential environmental impacts and 
mitigate those impacts. The public has many opportunities to comment 
and shape these projects and nothing in my amendment changes these 
safeguards. Further, my amendment would do nothing to change designated 
Wilderness areas or Wilderness Study Areas or otherwise weaken the 
Wilderness Act.
  Right now our national forests are growing 20 billion board feet per 
year. Eight billion board feet die every year and only two million 
board feet are removed. This has resulted in overstocked, unhealthy 
forests. We can either restore forest health, produce renewable energy 
and local high-wage jobs, or we can allow nature to impose its own will 
through wildfire and infestation.
  I urge my colleagues to support this legislation, and I look forward 
to working with them to enact this bill this year.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 532--RECOGNIZING EXPO 2010 SHANGHAI CHINA AND THE USA 
                          PAVILION AT THE EXPO

  Mr. KERRY (for himself, Mrs. Feinstein, and Mr. Udall of Colorado) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 532

       Whereas Expo 2010 Shanghai China (Expo 2010) will take 
     place May 1 through October 31, 2010 with the theme ``Better 
     City, Better Life'';
       Whereas Expo 2010 will be the largest such event in 150 
     years of Expo history with an estimated 70,000,000 visitors 
     expected to attend, many of them from within China;
       Whereas approximately 192 countries and 52 international 
     organizations will be represented at Expo 2010;
       Whereas Expo 2010 is the first world exposition hosted by 
     China, representing an opportunity for the world to celebrate 
     China's progress over the past 30 years and recognize the 
     aspirations of the people of China to continue the process of 
     ``reform and opening up'' launched by Chinese Premier Deng 
     Xiao-ping in 1979;
       Whereas Shanghai, the host city of Expo 2010, is the 
     dynamic commercial and financial capital of China, noted in 
     China as a cradle of innovation and openness;
       Whereas Expo 2010 represents an unprecedented opportunity 
     for the United States to promote understanding of American 
     society, culture, ideas, and values with millions of Chinese 
     citizens visiting the USA Pavilion;
       Whereas United States participation in Expo 2010 
     demonstrates the United States commitment to a forward-
     looking, positive relationship with China;
       Whereas the USA Pavilion theme ``Rising to the Challenge'' 
     will entertain and educate audiences on the American spirit 
     of innovation and community-building and celebrate the 
     American ideals of collaboration, freedom, diversity, 
     openness, optimism, achievement, and opportunity;

[[Page 8336]]

       Whereas Expo 2010 will emphasize sound environmental 
     conservation practices, including a solar energy system that 
     will produce 5 megawatts of power and large rooftop canopies 
     to collect rainwater to be purified for drinking;
       Whereas support for the USA Pavilion's construction, 
     staffing, operation, and thematic presentations was provided 
     completely by private-sector and other partners consistent 
     with United States law; and
       Whereas many of the USA Pavilion's sponsoring partners are 
     also playing an active role in the beneficial development of 
     China's economy and society: Now, therefore, be it
       Resolved, That--
       (1) the Senate congratulates the people of China for 
     hosting Expo 2010 and wishes them every success with this 
     endeavor;
       (2) it is the sense of the Senate that Expo 2010 
     constitutes an important step along the over 30-year path of 
     reform and opening up in China, and serves as a significant 
     reminder of what can be accomplished if China continues along 
     this path;
       (3) the Senate calls on the sponsors and operators of the 
     USA Pavilion to make maximum use of this unique opportunity 
     to showcase the very best attributes that the United States 
     has to offer and to strengthen the cultural, scientific, 
     educational, people-to-people, trade, and investment links 
     between the people of the United States and the people of 
     China; and
       (4) the Senate acknowledges the more than 60 private-sector 
     and other sponsor partners of the USA Pavilion for their 
     invaluable contributions to the success of this important 
     project and for providing a positive example of public-
     private partnerships.

                          ____________________




  SENATE RESOLUTION 533--RECOGNIZING NATIONAL FOSTER CARE MONTH AS AN 
OPPORTUNITY TO RAISE AWARENESS ABOUT THE CHALLENGES OF CHILDREN IN THE 
  FOSTER CARE SYSTEM AND ENCOURAGING CONGRESS TO IMPLEMENT POLICY TO 
        IMPROVE THE LIVES OF CHILDREN IN THE FOSTER CARE SYSTEM

  Ms. LANDRIEU (for herself, Mr. Grassley, Mrs. Lincoln, Mr. Levin, Mr. 
Cardin, Mr. Begich, Mr. Kerry, Mr. Inhofe, Ms. Collins, Ms. Snowe, Mr. 
Bayh, Mr. Franken, Mr. Akaka, Mrs. Murray, Mrs. Gillibrand, Mr. Nelson 
of Nebraska, Mr. Casey, Mrs. Boxer, Mr. Specter, Mr. Cochran, and Mr. 
Lautenberg) submitted the following resolution; which was considered 
and agreed to:

                              S. Res. 533

       Whereas all children deserve a safe, loving, and permanent 
     home;
       Whereas approximately 500,000 children in the United States 
     live in foster care each year;
       Whereas children enter the foster care system for a variety 
     of reasons, including inadequate care, abuse, or neglect by a 
     parent or guardian;
       Whereas the major factors that contribute to the placement 
     of a child in the foster care system include substance abuse, 
     mental illness, poverty, and a lack of education of a parent 
     or guardian of the child;
       Whereas a child entering the foster care system must 
     confront the widespread misperception that children in foster 
     care are disruptive, unruly, and dangerous, even though 
     placement in the foster care system is based on the actions 
     of a parent or guardian, not the child;
       Whereas States and communities should be provided with the 
     resources to invest in preventative and reunification 
     services and post-permanency programs to ensure that more 
     children in the foster care system are provided safe, loving, 
     permanent placements;
       Whereas the foster care system is intended to be a 
     temporary solution, yet children remain in the foster care 
     system for an average of 3 years;
       Whereas children of color are disproportionately 
     represented in the foster care system and are less likely to 
     be reunited with their biological families;
       Whereas the average child in the foster care system--
       (1) is 10 years old; and
       (2) will be placed in 3 different homes, leading to 
     disruptive transfers to new schools, separation from 
     siblings, and unfamiliar surroundings;
       Whereas most children ``age out'' of the foster care system 
     at the age of 18;
       Whereas the number of children who enter the foster care 
     system each year has declined over the decade preceding the 
     date of the agreement to this resolution, but the number of 
     children who ``age out'' of the foster care system without 
     placement with a permanent family has increased 
     substantially, rising from 20,000 children in 2002 to 29,000 
     children in 2008;
       Whereas children who ``age out'' of the foster care system 
     lack the security or support of a biological or adoptive 
     family and frequently struggle to secure affordable housing, 
     obtain health insurance, pursue higher education, and acquire 
     adequate employment;
       Whereas, of the children who have ``aged out'' of the 
     foster care system--
       (1) 25 percent have been homeless;
       (2) 51 percent have been unemployed for significant stretch 
     of time, and
       (3) only 2 percent have obtained a bachelor's degree or 
     higher;
       Whereas, by age 19, approximately 50 percent of young women 
     who have been in the foster care system have been pregnant, 
     compared to only 20 percent of young women who have been not 
     in the foster care system;
       Whereas research reveals that children born to teen parents 
     are exposed to serious and high risks;
       Whereas National Foster Care Month is an opportunity to 
     raise awareness about the special needs of children in the 
     foster care system and to recognize the important role that 
     foster parents, social workers, and advocates have in the 
     lives of children in foster care throughout the United 
     States;
       Whereas the Fostering Connections to Success and Increasing 
     Adoptions Act of 2008 (Public Law 110-351; 122 Stat. 3949) 
     provides for new investments and services to improve the 
     outcomes of children and families in the foster care system; 
     and
       Whereas much remains to be done to ensure that all children 
     have a safe, loving, nurturing, and permanent family, 
     regardless of age or special needs: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes National Foster Care Month as an opportunity 
     to raise awareness about the challenges of children in the 
     foster care system;
       (2) encourages Congress to implement policy to improve the 
     lives of children in the foster care system;
       (3) supports the designation of a ``National Foster Care 
     Month'';
       (4) acknowledges the needs of the children in the foster 
     care system;
       (5) honors the commitment and dedication of those 
     individuals who work tirelessly to provide assistance and 
     services to children in the foster care system; and
       (6) recognizes the need to continue working to improve the 
     outcomes of all children in the foster care system through 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
     and other programs designed to help children in the foster 
     care system--
       (A) reunite with their biological parents; or
       (B) if the children cannot be reunited with their 
     biological parents, find permanent, safe, and loving homes.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 4048. Mrs. FEINSTEIN (for herself, Mr. Levin, Ms. 
     Cantwell, Ms. Snowe, and Mrs. Shaheen) 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 4049. Mr. HARKIN (for himself and Mr. Casey) 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 4050. Mr. CARDIN (for himself, Mr. Lugar, Mr. Durbin, 
     Mr. Schumer, Mr. Feingold, Mr. Merkley, Mr. Johnson, and Mr. 
     Whitehouse) 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.
       SA 4051. Mr. GREGG 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 4052. Mr. CORKER 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 4053. Ms. STABENOW (for herself and Mr. Brown of Ohio) 
     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 4054. Mr. CORKER 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 4055. Mrs. HUTCHISON (for herself, Mrs. Hagan, and Mr. 
     Cornyn) 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 4056. Mr. BOND (for himself, Mr. Dodd, Mr. Warner , Mr. 
     Brown of Massachusetts, Ms. Cantwell, Mr. Begich, Mrs. 
     Murray,

[[Page 8337]]

     Mr. Corker, Mr. Tester, Mr. Brownback, Mr. Baucus, and Mr. 
     Reid) 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.
       SA 4057. Mr. ENZI (for himself and Mr. Corker) 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 4058. Mr. SHELBY 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 4059. Mr. REID (for Mrs. Lincoln (for herself, Mr. 
     Chambliss, Mr. Cochran, and Mr. Brown of Ohio)) 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 4060. Mr. BROWN of Massachusetts 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 4061. Mr. CHAMBLISS 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 4062. Mr. WARNER 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 4048. Mrs. FEINSTEIN (for herself, Mr. Levin, Ms. Cantwell, and 
Ms. Snowe) 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:

       Beginning on page 699, strike line 20 and all that follows 
     through page 704, line 13, and insert the following:
       ``(A) Registration.--The Commission may adopt rules and 
     regulations requiring registration with the Commission for a 
     foreign board of trade that provides the members of the 
     foreign board of trade or other participants located in the 
     United States with direct access to the electronic trading 
     and order matching system of the foreign board of trade, 
     including rules and regulations prescribing procedures and 
     requirements applicable to the registration of such foreign 
     boards of trade. For purposes of this paragraph, `direct 
     access' refers to an explicit grant of authority by a foreign 
     board of trade to an identified member or other participant 
     located in the United States to enter trades directly into 
     the trade matching system of the foreign board of trade.
       ``(B) Linked contracts.--It shall be unlawful for a foreign 
     board of trade to provide to the members of the foreign board 
     of trade or other participants located in the United States 
     direct access to the electronic trading and order-matching 
     system of the foreign board of trade with respect to an 
     agreement, contract, or transaction that settles against any 
     price (including the daily or final settlement price) of 1 or 
     more contracts listed for trading on a registered entity, 
     unless the Commission determines that--
       ``(i) the foreign board of trade makes public daily trading 
     information regarding the agreement, contract, or transaction 
     that is comparable to the daily trading information published 
     by the registered entity for the 1 or more contracts against 
     which the agreement, contract, or transaction traded on the 
     foreign board of trade settles; and
       ``(ii) the foreign board of trade (or the foreign futures 
     authority that oversees the foreign board of trade)--

       ``(I) adopts position limits (including related hedge 
     exemption provisions) for the agreement, contract, or 
     transaction that are comparable to the position limits 
     (including related hedge exemption provisions) adopted by the 
     registered entity for the 1 or more contracts against which 
     the agreement, contract, or transaction traded on the foreign 
     board of trade settles;
       ``(II) has the authority to require or direct market 
     participants to limit, reduce, or liquidate any position the 
     foreign board of trade (or the foreign futures authority that 
     oversees the foreign board of trade) determines to be 
     necessary to prevent or reduce the threat of price 
     manipulation, excessive speculation as described in section 
     4a, price distortion, or disruption of delivery or the cash 
     settlement process;
       ``(III) agrees to promptly notify the Commission, with 
     regard to the agreement, contract, or transaction that 
     settles against any price (including the daily or final 
     settlement price) of 1 or more contracts listed for trading 
     on a registered entity, of any change regarding--

       ``(aa) the information that the foreign board of trade will 
     make publicly available;
       ``(bb) the position limits that the foreign board of trade 
     or foreign futures authority will adopt and enforce;
       ``(cc) the position reductions required to prevent 
     manipulation, excessive speculation as described in section 
     4a, price distortion, or disruption of delivery or the cash 
     settlement process; and
       ``(dd) any other area of interest expressed by the 
     Commission to the foreign board of trade or foreign futures 
     authority;

       ``(IV) provides information to the Commission regarding 
     large trader positions in the agreement, contract, or 
     transaction that is comparable to the large trader position 
     information collected by the Commission for the 1 or more 
     contracts against which the agreement, contract, or 
     transaction traded on the foreign board of trade settles; and
       ``(V) provides the Commission such information as is 
     necessary to publish reports on aggregate trader positions 
     for the agreement, contract, or transaction traded on the 
     foreign board of trade that are comparable to such reports on 
     aggregate trader positions for the 1 or more contracts 
     against which the agreement, contract, or transaction traded 
     on the foreign board of trade settles.

       ``(C) Existing foreign boards of trade.--Subparagraphs (A) 
     and (B) shall not be effective with respect to any foreign 
     board of trade to which, prior to the date of enactment of 
     this paragraph, the Commission granted direct access 
     permission until the date that is 180 days after that date of 
     enactment.''.
       (b) Liability of Registered Persons Trading on a Foreign 
     Board of Trade.--Section 4 of the Commodity Exchange Act (7 
     U.S.C. 6) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``or by subsection (e)'' after ``Unless 
     exempted by the Commission pursuant to subsection (c)''; and
       (2) by adding at the end the following:
       ``(e) Liability of Registered Persons Trading on a Foreign 
     Board of Trade.--A person registered with the Commission, or 
     exempt from registration by the Commission, under this Act 
     may not be found to have violated subsection (a) with respect 
     to a transaction in, or in connection with, a contract of 
     sale of a commodity for future delivery if the person has 
     reason to believe that the transaction and the contract is 
     made on or subject to the rules of a foreign board of trade 
     that has complied with subparagraphs (A) and (B) of 
     subsection (b)(1).''.
                                 ______
                                 
  SA 4049. Mr. HARKIN (for himself and Mr. Casey) 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:

       Beginning on page 656, strike line 20 and all that follows 
     through page 657, line 12, and insert the following:
       ``(2) Special rule; duty to protected customers.--
       ``(A) Definition of protected customer.--In this paragraph, 
     the term `protected customer' means any entity that is--
       ``(i) a Federal agency;
       ``(ii) a State, State agency, city, county, municipality, 
     or other political subdivision of a State;
       ``(iii) any employee benefit plan, as defined in section 3 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1002);
       ``(iv) any governmental plan, as defined in section 3 of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1002); or
       ``(v) any endowment that is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       ``(B) Prohibition.--
       ``(i) In general.--It shall be unlawful for a swap dealer 
     that provides advice regarding, offers to enter into, or 
     enters into, a swap with a protected customer--

       ``(I) to employ any device, scheme, or artifice to defraud 
     any protected customer or prospective protected customer;
       ``(II) to engage in any transaction, practice, or course of 
     business that operates as a fraud or deceit on any protected 
     customer or prospective protected customer;
       ``(III) if the swap dealer acts as a principal for the 
     account of the swap dealer, to knowingly sell any swap to, or 
     purchase any swap from, a protected customer, or if the swap

[[Page 8338]]

     dealer acts as a broker for a person other than the protected 
     customer, to knowingly effect any sale or purchase of any 
     swap for the account of the protected customer, without--

       ``(aa) before the completion of the transaction, disclosing 
     to the protected customer in writing the capacity in which 
     the swap dealer is acting; and
       ``(bb) obtaining the consent of the protected customer in 
     writing with respect to the transaction; and

       ``(IV) to engage in any act, practice, or course of 
     business that is fraudulent, deceptive, or manipulative.

       ``(ii) Regulations.--As soon as practicable after the date 
     of enactment of this subparagraph, the Commission shall issue 
     rules and promulgate regulations to prescribe requirements 
     that are reasonably designed to prevent acts, practices, and 
     courses of business that are fraudulent, deceptive, or 
     manipulative.
       ``(C) Requirements.--
       ``(i) In general.--A swap dealer that recommends a swap 
     with a protected customer shall comply with clauses (ii) and 
     (iii).
       ``(ii) Reasonable grounds.--In recommending to a protected 
     customer the purchase, sale, or exchange of any swap, a swap 
     dealer shall have reasonable grounds for believing that the 
     recommendation is in the best interests of the protected 
     customer.
       ``(iii) Reasonable efforts.--Before the execution of a 
     transaction recommended to a protected customer under clause 
     (ii), a swap dealer shall make reasonable efforts to obtain 
     such information as is necessary to determine whether the 
     transaction is in the best interests of the protected 
     customer, including--

       ``(I) information relating to--

       ``(aa) the financial status of the protected customer;
       ``(bb) the tax status of the protected customer; and
       ``(cc) the stated investment objectives of the protected 
     customer; and

       ``(II) such other information that--

       ``(aa) is used or considered to be reasonable by the swap 
     dealer in making recommendations to the protected customer; 
     and
       ``(bb) the Commission may prescribe by rule or regulation.
       ``(iv) Business conduct requirements.--A swap dealer shall 
     satisfy each business conduct requirement described in 
     paragraph (3).
       ``(D) Written representations.--
       ``(i) In general.--Before entering into a swap with a 
     protected customer, a swap dealer shall receive in writing a 
     representation from the protected customer confirming that 
     the swap transaction has been expressly authorized--

       ``(I) by an advisor that is independent of the swap dealer; 
     and
       ``(II) in the case of an employee benefit plan subject to 
     the fiduciary duty requirements under the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1001 et seq.), by a 
     representative independent of the swap dealer that is a 
     fiduciary, as defined in section 3 of that Act (29 U.S.C. 
     1002).

       ``(ii) Regulations.--Not later than December 31, 2010, the 
     Commission shall issue rules or promulgate regulations to 
     provide guidelines to determine qualifications for advisors 
     that are authorized to provide advice under clause (i)(I).
       Beginning on page 863, strike line 22 and all that follows 
     through page 864, line 16, and insert the following:
       ``(2) Special rule; duty to protected customers.--
       ``(A) Definition of protected customer.--In this paragraph, 
     the term `protected customer' means any entity that is--
       ``(i) a Federal agency;
       ``(ii) a State, State agency, city, county, municipality, 
     or other political subdivision of a State;
       ``(iii) any employee benefit plan, as defined in section 3 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1002);
       ``(iv) any governmental plan, as defined in section 3 of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1002); or
       ``(v) any endowment that is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       ``(B) Prohibition.--
       ``(i) In general.--It shall be unlawful for a security-
     based swap dealer that provides advice regarding, offers to 
     enter into, or enters into, a security-based swap with a 
     protected customer--

       ``(I) to employ any device, scheme, or artifice to defraud 
     any protected customer or prospective protected customer;
       ``(II) to engage in any transaction, practice, or course of 
     business that operates as a fraud or deceit on any protected 
     customer or prospective protected customer;
       ``(III) if the security-based swap dealer acts as a 
     principal for the account of the security-based swap dealer, 
     to knowingly sell any security-based swap to, or purchase any 
     security-based swap from, a protected customer, or if the 
     security-based swap dealer acts as a broker for a person 
     other than the protected customer, to knowingly effect any 
     sale or purchase of any security-based swap for the account 
     of the protected customer, without--

       ``(aa) before the completion of the transaction, disclosing 
     to the protected customer in writing the capacity in which 
     the security-based swap dealer is acting; and
       ``(bb) obtaining the consent of the protected customer in 
     writing with respect to the transaction; and

       ``(IV) to engage in any act, practice, or course of 
     business that is fraudulent, deceptive, or manipulative.

       ``(ii) Regulations.--As soon as practicable after the date 
     of enactment of this subparagraph, the Commission shall issue 
     rules and promulgate regulations to prescribe requirements 
     that are reasonably designed to prevent acts, practices, and 
     courses of business that are fraudulent, deceptive, or 
     manipulative.
       ``(C) Requirements.--
       ``(i) In general.--A security-based swap dealer that 
     recommends a security-based swap with a protected customer 
     shall comply with clauses (ii) and (iii).
       ``(ii) Reasonable grounds.--In recommending to a protected 
     customer the purchase, sale, or exchange of any security-
     based swap, a security-based swap dealer shall have 
     reasonable grounds for believing that the recommendation is 
     in the best interests of the protected customer.
       ``(iii) Reasonable efforts.--Before the execution of a 
     transaction recommended to a protected customer under clause 
     (ii), a security-based swap dealer shall make reasonable 
     efforts to obtain such information as is necessary to 
     determine whether the transaction is in the best interests of 
     the protected customer, including--

       ``(I) information relating to--

       ``(aa) the financial status of the protected customer;
       ``(bb) the tax status of the protected customer; and
       ``(cc) the stated investment objectives of the protected 
     customer; and

       ``(II) such other information that--

       ``(aa) is used or considered to be reasonable by the 
     security-based swap dealer in making recommendations to the 
     protected customer; and
       ``(bb) the Commission may prescribe by rule or regulation.
       ``(iv) Business conduct requirements.--A security-based 
     swap dealer shall satisfy each business conduct requirement 
     described in paragraph (3).
       ``(D) Written representations.--
       ``(i) In general.--Before entering into a security-based 
     swap with a protected customer, a security-based swap dealer 
     shall receive in writing a representation from the protected 
     customer confirming that the security-based swap transaction 
     has been expressly authorized--

       ``(I) by an advisor that is independent of the security-
     based swap dealer; and
       ``(II) in the case of an employee benefit plan subject to 
     the fiduciary duty requirements under the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1001 et seq.), by a 
     representative independent of the security-based swap dealer 
     that is a fiduciary, as defined in section 3 of that Act (29 
     U.S.C. 1002).

       ``(ii) Regulations.--Not later than December 31, 2010, the 
     Commission shall issue rules or promulgate regulations to 
     provide guidelines to determine qualifications for advisors 
     that are authorized to provide advice under clause (i)(I).
                                 ______
                                 
  SA 4050. Mr. CARDIN (for himself, Mr. Lugar, Mr. Durbin, Mr. Schumer, 
Mr. Feingold, Mr. Merkley, Mr. Johnson, and Mr. Whitehouse) 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 1187, line 9, strike ``effective.'' insert the 
     following: ``effective.

                Subtitle K--Resource Extraction Issuers

     SEC. 995. FINDINGS.

       Congress finds the following:
       (1) It is in the interest of the United States to promote 
     good governance in the extractive industries sector. 
     Transparency in revenue payments benefits oil, gas, and 
     mining companies, because it improves the business climate in 
     which such companies work, increases the reliability of 
     commodity supplies upon which businesses and people in the 
     United States rely, and promotes greater energy security.
       (2) Companies in the extractive industries sector face 
     unique tax and reputational risks, in the form of country-
     specific taxes and regulations. Exposure to these risks is 
     heightened by the substantial capital employed in the 
     extractive industries, and the often opaque and unaccountable 
     management of natural resource revenues by foreign 
     governments, which in turn creates unstable and high-cost 
     operating environments for multinational companies. The 
     effects of these risks are material to investors.

[[Page 8339]]



     SEC. 996. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION 
                   ISSUERS.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m), as amended by this Act, is amended by adding at 
     the end the following:
       ``(p) Disclosure of Payments by Resource Extraction 
     Issuers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `commercial development of oil, natural gas, 
     or minerals' includes exploration, extraction, processing, 
     export, and other significant actions relating to oil, 
     natural gas, or minerals, or the acquisition of a license for 
     any such activity, as determined by the Commission;
       ``(B) the term `foreign government' means a foreign 
     government, a department, agency, or instrumentality of a 
     foreign government, or a company owned by a foreign 
     government, as determined by the Commission;
       ``(C) the term `payment'--
       ``(i) means a payment that is--

       ``(I) made to further the commercial development of oil, 
     natural gas, or minerals; and
       ``(II) not de minimis; and

       ``(ii) includes taxes, royalties, fees (including license 
     fees), production entitlements, bonuses, and other material 
     benefits, that the Commission, consistent with the guidelines 
     of the Extractive Industries Transparency Initiative (to the 
     extent practicable), determines are part of the commonly 
     recognized revenue stream for the commercial development of 
     oil, natural gas, or minerals;
       ``(D) the term `resource extraction issuer' means an issuer 
     that--
       ``(i) is required to file an annual report with the 
     Commission; and
       ``(ii) engages in the commercial development of oil, 
     natural gas, or minerals;
       ``(E) the term `interactive data format' means an 
     electronic data format in which pieces of information are 
     identified using an interactive data standard; and
       ``(F) the term `interactive data standard' means 
     standardized list of electronic tags that mark information 
     included in the annual report of a resource extraction 
     issuer.
       ``(2) Disclosure.--
       ``(A) Information required.--Not later than 270 days after 
     the date of enactment of the Restoring American Financial 
     Stability Act of 2010, the Commission shall issue final rules 
     that require each resource extraction issuer to include in an 
     annual report of the resource extraction issuer information 
     relating to any payment made by the resource extraction 
     issuer, a subsidiary of the resource extraction issuer, or an 
     entity under the control of the resource extraction issuer to 
     a foreign government or the Federal Government for the 
     purpose of the commercial development of oil, natural gas, or 
     minerals, including--
       ``(i) the type and total amount of such payments made for 
     each project of the resource extraction issuer relating to 
     the commercial development of oil, natural gas, or minerals; 
     and
       ``(ii) the type and total amount of such payments made to 
     each government.
       ``(B) Consultation in rulemaking.--In issuing rules under 
     subparagraph (A), the Commission may consult with any agency 
     or entity that the Commission determines is relevant.
       ``(C) Interactive data format.--The rules issued under 
     subparagraph (A) shall require that the information included 
     in the annual report of a resource extraction issuer be 
     submitted in an interactive data format.
       ``(D) Interactive data standard.--
       ``(i) In general.--The rules issued under subparagraph (A) 
     shall establish an interactive data standard for the 
     information included in the annual report of a resource 
     extraction issuer.
       ``(ii) Electronic tags.--The interactive data standard 
     shall include electronic tags that identify, for any payments 
     made by a resource extraction issuer to a foreign government 
     or the Federal Government--

       ``(I) the total amounts of the payments, by category;
       ``(II) the currency used to make the payments;
       ``(III) the financial period in which the payments were 
     made;
       ``(IV) the business segment of the resource extraction 
     issuer that made the payments;
       ``(V) the government that received the payments, and the 
     country in which the government is located;
       ``(VI) the project of the resource extraction issuer to 
     which the payments relate; and
       ``(VII) such other information as the Commission may 
     determine is necessary or appropriate in the public interest 
     or for the protection of investors.

       ``(E) International transparency efforts.--To the extent 
     practicable, the rules issued under subparagraph (A) shall 
     support the commitment of the Federal Government to 
     international transparency promotion efforts relating to the 
     commercial development of oil, natural gas, or minerals.
       ``(F) Effective date.--With respect to each resource 
     extraction issuer, the final rules issued under subparagraph 
     (A) shall take effect on the date on which the resource 
     extraction issuer is required to submit an annual report 
     relating to the fiscal year of the resource extraction issuer 
     that ends not earlier than 1 year after the date on which the 
     Commission issues final rules under subparagraph (A).
       ``(3) Public availability of information.--
       ``(A) In general.--To the extent practicable, the 
     Commission shall make available online, to the public, a 
     compilation of the information required to be submitted under 
     the rules issued under paragraph (2)(A).
       ``(B) Other information.--Nothing in this paragraph shall 
     require the Commission to make available online information 
     other than the information required to be submitted under the 
     rules issued under paragraph (2)(A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     may be necessary to carry out this subsection.''.
                                 ______
                                 
  SA 4051. Mr. GREGG 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 18, between lines 17 and 18, insert the following:

     SEC. 5. PROHIBITION ON THE USE OF FEDERAL FUNDS TO PAY STATE 
                   OBLIGATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds may be used to purchase or guarantee 
     obligations of, issue lines of credit to or provide direct or 
     indirect grants-and-aid to, any State government, municipal 
     government, local government, or county government which has 
     defaulted on its obligations, is at risk of defaulting, or is 
     likely to default, absent such assistance from the United 
     States Government.
       (b) Limit on Use of Borrowed Funds.--The Secretary shall 
     not, directly or indirectly, use general fund revenues or 
     funds borrowed pursuant to title 31, United States Code, to 
     purchase or guarantee any asset or obligation of any State 
     government, municipal government, local government, or county 
     government or to otherwise assist such governments, in any 
     instance in which the State government, municipal government, 
     or county government has defaulted on its obligations, is at 
     risk of defaulting, or is likely to default, absent such 
     assistance from the United States Government.
       (c) Limit on Federal Reserve Funds.--The Board of Governors 
     shall not, directly or indirectly, lend against, purchase, or 
     guarantee any asset or obligation of any State government, 
     municipal government, local government, or county government 
     or to otherwise assist such governments, in any instance in 
     which the State government, municipal government, local 
     government, or county government has defaulted on its 
     obligations, is at risk of defaulting, or is likely to 
     default, absent such assistance from the United States 
     Government. Notwithstanding any other provision of law, no 
     Federal funds may be used to pay the obligations of any 
     State, or to issue a line of credit to any State.
                                 ______
                                 
  SA 4052. Mr. CORKER 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 1056, line 17, strike the second period and insert 
     the following: ``.

     SEC. 946. REPRESENTATIONS AND WARRANTIES FOR POOL ASSETS.

       (a) Representations and Warranties.--
       (1) Definitions.--In this subsection--
       (A) the terms ``asset-backed security'', ``servicer'', and 
     ``sponsor'' have the meanings given those terms under 
     Regulation AB; and
       (B) the term ``Regulation AB'' means subpart 229.1100 of 
     title 17, Code of Federal Regulations, or any successor 
     thereto.
       (2) Rules required.--
       (A) Compliance.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall issue rules, as 
     the Commission determines is necessary and appropriate 
     consistent with the protection of investors, that require any 
     issuance of an asset-backed security to comply with paragraph 
     (3).
       (B) Definition.--The Commission shall, by rule, define the 
     term ``pool assets'' for purposes of this subsection.

[[Page 8340]]

       (3) Periodic independent evaluation.--The pooling and 
     servicing agreement for an asset-backed security shall 
     contain provisions requiring the sponsor of the asset-backed 
     security to furnish to the trustee of the asset-backed 
     security, on a quarterly basis, a certificate or opinion from 
     an independent evaluator that--
       (A) identifies any pool assets that in the prior quarter, 
     the trustee notified, or had the right to notify, the obligor 
     that it had an obligation to repurchase or substitute under 
     the terms of the pooling and servicing agreement because of a 
     breach or violation of a representation or warranty; and
       (B) includes facts supporting a finding as to whether any 
     representation or warranty made with respect to any pool 
     asset has been breached or violated.
       (4) Independent evaluator.--For purposes of paragraph (3), 
     an independent evaluator shall--
       (A) be subject to removal upon the vote of 25 percent of 
     the holders of outstanding shares of the asset-backed 
     security; and
       (B) have access to the pool asset records and related 
     documents of any party to the pooling and servicing agreement 
     and any person performing work on behalf of any party to the 
     pooling and servicing agreement.
       (5) Exemptions.--The Commission may, by rule, exempt a 
     class of asset-backed securities from the rules issued under 
     this subsection, if the Commission determines that the 
     application of such rules to the class of asset-backed 
     securities would cause undue disruption to a segment of the 
     market affected by the class of asset-backed securities.
       (b) Direct Review.--An investor or group of investors that 
     holds not less than 20 percent of the outstanding securities 
     of an asset-backed security (including an asset-backed 
     security that is not subject to the requirements under 
     subpart 229.1100 of title 17, Code of Federal Regulations) 
     that is issued or outstanding on or before the date of 
     enactment of this Act shall have access to all loan documents 
     and related documents of any servicer of the asset-backed 
     security (including servicing records), unless otherwise 
     prohibited in a contract with respect to the asset-backed 
     security.
       (c) Enforcement.--The Commission may enforce the rules 
     issued under this section in the same manner as the 
     Commission enforces rules issued under the Securities Act of 
     1933 (15 U.S.C. 77a et seq.) and the Securities Exchange Act 
     of 1934 (15 U.S.C. 78a et seq.).
                                 ______
                                 
  SA 4053. Ms. STABENOW (for herself and Mr. Brown of Ohio) 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 540, line 16, strike ``purchase'' and insert 
     ``purchase or lease''.
       On page 580, line 20, insert ``and involved in hedging 
     activities related to'' after ``engaged in''.
       On page 580, line 21, strike ``purchase'' and insert 
     ``purchase or lease''.
       On page 580, line 23, strike ``user'' and insert ``user 
     (including any subsidiary of the commercial end user)''.
       On page 580, lines 24 and 25, strike ``only if the 
     affiliate'' and insert ``as can affiliates''.
       On page 581, line 1, strike ``uses'' and insert ``using''.
       On page 582, between lines 6 and 7, insert the following:
       ``(iii) Transition rule.--An affiliate or a wholly owned 
     entity of a commercial end user that is predominantly engaged 
     in providing financing for the purchase or lease of 
     merchandise or manufactured goods of the commercial end user 
     affiliate (including any subsidiary of the commercial end 
     user) shall be exempt from the margin requirement described 
     in section 4s(e) and the clearing requirement described in 
     paragraph (1) with regard to swaps entered into to mitigate 
     the risk of the financing activities for not less than a 3-
     year period beginning on the date of enactment of this 
     clause.
       ``(iv) Authority of commission.--On or prior to the date on 
     which the 3-year period described in clause (iii) ends, the 
     Commission may extend the exemption described in that clause 
     for an additional 1-year period if the Commission--

       ``(I) determines the extension to be in the public 
     interest; and
       ``(II) publishes in the Federal Register the order granting 
     the extension (including the reasons for the extension).

                                 ______
                                 
  SA 4054. Mr. CORKER 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 1052, line 3, strike ``SEC. 942.'' and insert the 
     following:

     SEC. 942. RESIDENTIAL MORTGAGE UNDERWRITING STANDARDS.

       (a) Standards Established.--Notwithstanding any other 
     provision of this Act or any other provision of Federal, 
     State, or local law, the Federal banking agencies, in 
     consultation with the Federal Housing Finance Agency and the 
     Department of Housing and Urban Development, shall jointly 
     establish specific minimum standards for mortgage 
     underwriting, including--
       (1) a requirement that the mortgagee verify and document 
     the income and assets relied upon to qualify the mortgagor on 
     the residential mortgage, including the previous employment 
     and credit history of the mortgagor;
       (2) a down payment requirement that--
       (A) is equal to not less than 5 percent of the purchase 
     price of the property securing the residential mortgage; and
       (B) in the case of a first lien residential mortgage loan 
     with an initial loan to value ratio that is more than 80 
     percent and not more than 95 percent, includes a requirement 
     for credit enhancements, as defined by the Federal banking 
     agencies, until the loan to value ratio of the residential 
     mortgage loan amortizes to a value that is less than 80 
     percent of the purchase price;
       (3) a method for determining the ability of the mortgagor 
     to repay the residential mortgage that is based on factors 
     including--
       (A) all terms of the residential mortgage, including 
     principal payments that fully amortize the balance of the 
     residential mortgage over the term of the residential 
     mortgage; and
       (B) the debt to income ratio of the mortgagor; and
       (4) any other specific standards the Federal banking 
     agencies jointly determine are appropriate to ensure prudent 
     underwriting of residential mortgages.
       (b) Updates to Standards.--The Federal banking agencies, in 
     consultation with the Federal Housing Finance Agency and the 
     Department of Housing and Urban Development--
       (1) shall review the standards established under this 
     section not less frequently than every 5 years; and
       (2) based on the review under paragraph (1), may revise the 
     standards established under this section, as the Federal 
     banking agencies, in consultation with the Federal Housing 
     Finance Agency and the Department of Housing and Urban 
     Development, determine to be necessary.
       (c) Compliance.--It shall be a violation of Federal law--
       (1) for any mortgage loan originator to fail to comply with 
     the minimum standards for mortgage underwriting established 
     under subsection (a) in originating a residential mortgage 
     loan;
       (2) for any company to maintain an extension of credit on a 
     revolving basis to any person to fund a residential mortgage 
     loan, unless the company reasonably determines that the 
     residential mortgage loan funded by such credit was subject 
     to underwriting standards no less stringent than the minimum 
     standards for mortgage underwriting established under 
     subsection (a); or
       (3) for any company to purchase, fund by assignment, or 
     guarantee a residential mortgage loan, unless the company 
     reasonably determines that the residential mortgage loan was 
     subject to underwriting standards no less stringent than the 
     minimum standards for mortgage underwriting established under 
     subsection (a).
       (d) Implementation.--
       (1) Regulations required.--The Federal banking agencies, in 
     consultation with the Federal Housing Finance Agency, shall 
     issue regulations to implement subsections (a) and (c), which 
     shall take effect not later than 270 days after the date of 
     enactment of this Act.
       (2) Report required.--If the Federal banking agencies have 
     not issued final regulations under subsections (a) and (c) 
     before the date that is 270 days after the date of enactment 
     of this Act, the Federal banking agencies shall jointly 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that--
       (A) explains why final regulations have not been issued 
     under subsections (a) and (c); and
       (B) provides a timeline for the issuance of final 
     regulations under subsections (a) and (c).
       (e) Enforcement.--Compliance with the rules issued under 
     this section shall be enforced by--
       (1) the primary financial regulatory agency of an entity, 
     with respect to an entity subject to the jurisdiction of a 
     primary financial regulatory agency, in accordance with

[[Page 8341]]

     the statutes governing the jurisdiction of the primary 
     financial regulatory agency over the entity and as if the 
     action of the primary financial regulatory agency were taken 
     under such statutes; and
       (2) the Bureau, with respect to a company that is not 
     subject to the jurisdiction of a primary financial regulatory 
     agency.
       (f) Exemptions for Certain Nonprofit Mortgage Loan 
     Originators.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Federal banking agencies, in 
     consultation with the Secretary of Housing and Urban 
     Development and the Secretary of the Treasury, may jointly 
     issue rules to exempt from the requirements under subsection 
     (a)(2), mortgage loan originators that--
       (A) are exempt from taxation under section 501(c)(3) of the 
     Internal Revenue Code of 1986; and
       (B) were in existence on January 1, 2009.
       (2) Determining factors.--The Federal banking agencies 
     shall ensure that--
       (A) the lending activities of a mortgage loan originator 
     that receives an exemption under this subsection do not 
     threaten the safety and soundness of the banking system of 
     the United States; and
       (B) a mortgage loan originator that receives an exemption 
     under this subsection--
       (i) is not compensated based on the number or value of 
     residential mortgage loan applications accepted, offered, or 
     negotiated by the mortgage loan originator;
       (ii) does not offer residential mortgage loans that have an 
     interest rate greater than zero percent;
       (iii) does not gain a monetary profit from any residential 
     mortgage product or service provided;
       (iv) has the primary purpose of serving low income housing 
     needs;
       (v) has not been specifically prohibited, by statute, from 
     receiving Federal funding; and
       (vi) meets any other requirements that the Federal banking 
     agencies jointly determine are appropriate for ensuring that 
     a mortgage loan originator that receives an exemption under 
     this subsection does not threaten the safety and soundness of 
     the banking system of the United States.
       (3) Reports required.--Before the issuance of final rules 
     under subsection (a), and annually thereafter, the Federal 
     banking agencies shall jointly submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report that--
       (A) identifies the mortgage loan originators that receive 
     an exemption under this subsection; and
       (B) for each mortgage loan originator identified under 
     subparagraph (A), the rationale for providing an exemption.
       (4) Updates to exemptions.--The Federal banking agencies, 
     in consultation with the Secretary of Housing and Urban 
     Development and the Secretary of the Treasury--
       (A) shall review the exemptions established under this 
     subsection not less frequently than every 2 years; and
       (B) based on the review under subparagraph (A), may revise 
     the standards established under this subsection, as the 
     Federal banking agencies, in consultation with the Secretary 
     of Housing and Urban Development and the Secretary of the 
     Treasury, determine to be necessary.
       (g) Rules of Construction.--Nothing in this section may be 
     construed to permit--
       (1) the Federal National Mortgage Association or the 
     Federal Home Loan Mortgage Corporation to make or guarantee a 
     residential mortgage loan that does not meet the minimum 
     underwriting standards established under this section; or
       (2) the Federal banking agencies to issue an exemption 
     under subsection (f) that is not on a case-by-case basis.
       (h) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Company.--The term ``company''--
       (A) has the same meaning as in section 2(b) of the Bank 
     Holding Company Act of 1956 (12 U.S.C. 1841(b)); and
       (B) includes a sole proprietorship.
       (2) Mortgage loan originator.--The term ``mortgage loan 
     originator'' means any company that takes residential 
     mortgage loan applications and offers or negotiates terms of 
     residential mortgage loans.
       (3) Residential mortgage loan.--The term ``residential 
     mortgage loan''--
       (A) means any extension of credit primarily for personal, 
     family, or household use that is secured by a mortgage, deed 
     of trust, or other equivalent security interest in a dwelling 
     or residential real estate upon which is constructed or 
     intended to be constructed a dwelling; and
       (B) does not include a mortgage loan for which mortgage 
     insurance is provided by the Department of Veterans Affairs 
     or the Rural Housing Administration.
       (4) Extension of credit; dwelling.--The terms ``extension 
     of credit'' and ``dwelling'' shall have the same meaning as 
     in section 103 of the Truth in Lending Act (15 U.S.C. 1602).

     SEC. 943. STUDY ON FEDERAL HOUSING ADMINISTRATION 
                   UNDERWRITING STANDARDS.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study evaluating whether the 
     underwriting criteria used by the Federal Housing 
     Administration are sufficient to ensure the solvency of the 
     Mutual Mortgage Insurance Fund of the Federal Housing 
     Administration and the safety and soundness of the banking 
     system of the United States.
       (2) Issues to be studied.--In conducting the study under 
     paragraph (1), the Comptroller General shall evaluate--
       (A) down payment requirements for Federal Housing 
     Administration borrowers;
       (B) default rates of mortgages insured by the Federal 
     Housing Administration;
       (C) characteristics of Federal Housing Administration 
     borrowers who are most likely to default;
       (D) taxpayer exposure to losses incurred by the Federal 
     Housing Administration;
       (E) the impact of the market share of the Federal Housing 
     Administration on efforts to sustain a viable private 
     mortgage market; and
       (F) any other factors that Comptroller General determines 
     are appropriate.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study conducted under subsection 
     (a) that includes recommendations for statutory improvements 
     to be made to the underwriting criteria used by the Federal 
     Housing Administration, to ensure the solvency of the Mutual 
     Mortgage Insurance Fund of the Federal Housing Administration 
     and the safety and soundness of the banking system of the 
     United States.

     SEC. 944.

                                 ______
                                 
  SA 4055. Mrs. HUTCHISON (for herself, Mrs. Hagan, and Mr. Cornyn) 
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 485, line 14, strike ``and'' and all that follows 
     through line 25 and insert the following:
       (B) subject to such restrictions as the Federal banking 
     agencies may determine, does not include purchasing or 
     selling, or otherwise acquiring or disposing of, stocks, 
     bonds, options, commodities, derivatives, or other financial 
     instruments on behalf of a customer, as part of market making 
     activities, or otherwise in connection with or in 
     facilitation of customer relationships, including risk-
     mitigating hedging activities related to such a purchase, 
     sale, acquisition, or disposal; and
       (C) does not include the investments of a regulated 
     insurance company, or a regulated insurance affiliate or 
     regulated insurance subsidiary thereof, if--
       (i) such investments are in compliance with, and subject 
     to, the insurance company investment laws, regulations, and 
     written guidance of the State or jurisdiction in which each 
     such insurance company is domiciled; and
       (ii) the Federal banking agencies, after consultation with 
     the Council and the relevant insurance commissioners of the 
     States and territories of the United States, have not jointly 
     determined, after notice and comment, that a law, a 
     regulation, or written guidance described in clause (i) is 
     insufficient to accomplish the purposes of this section; and
                                 ______
                                 
  SA 4056. Mr. BOND (for himself, Mr. Dodd, Mr. Warner, Mr. Brown of 
Massachusetts, Ms. Cantwell, Mr. Begich, Mrs. Murray, Mr. Corker, Mr. 
Tester, Mr. Brownback, Mr. Baucus, and Mr. Reid) 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; as follows:
       On page 387, strike line 13 and all that follows through 
     page 388, line 3, and insert the following:

     SEC. 412. ADJUSTING THE ACCREDITED INVESTOR STANDARD.

       (a) In General.--The Commission shall adjust any net worth 
     standard for an accredited investor, as set forth in the 
     rules of the Commission under the Securities Act of 1933, so 
     that the individual net worth of any natural person, or joint 
     net worth with the spouse of that person, at the time of 
     purchase, is more than $1,000,000 (as such

[[Page 8342]]

     amount is adjusted periodically by rule of the Commission), 
     excluding the value of the primary residence of such natural 
     person, except that during the 4-year period that begins on 
     the date of enactment of this Act, any net worth standard 
     shall be $1,000,000, excluding the value of the primary 
     residence of such natural person.
       (b) Review and Adjustment.--
       (1) Initial review and adjustment.--
       (A) Initial review.--The Commission may undertake a review 
     of the definition of the term ``accredited investor'', as 
     such term applies to natural persons, to determine whether 
     the requirements of the definition, excluding the requirement 
     relating to the net worth standard described in subsection 
     (a), should be adjusted or modified for the protection of 
     investors, in the public interest, and in light of the 
     economy.
       (B) Adjustment or modification.--Upon completion of a 
     review under subparagraph (A), the Commission may, by notice 
     and comment rulemaking, make such adjustments to the 
     definition of the term ``accredited investor'', excluding 
     adjusting or modifying the requirement relating to the net 
     worth standard described in subsection (a), as such term 
     applies to natural persons, as the Commission may deem 
     appropriate for the protection of investors, in the public 
     interest, and in light of the economy.
       (2) Subsequent reviews and adjustment.--
       (A) Subsequent reviews.--Not earlier than 4 years after the 
     date of enactment of this Act, and not less frequently than 
     once every 4 years thereafter, the Commission shall undertake 
     a review of the definition, in its entirety, of the term 
     ``accredited investor'', as defined in section 230.215 of 
     title 17, Code of Federal Regulations, or any successor 
     thereto, as such term applies to natural persons, to 
     determine whether the requirements of the definition should 
     be adjusted or modified for the protection of investors, in 
     the public interest, and in light of the economy.
       (B) Adjustment or modification.--Upon completion of a 
     review under subparagraph (A), the Commission may, by notice 
     and comment rulemaking, make such adjustments to the 
     definition of the term ``accredited investor'', as defined in 
     section 230.215 of title 17, Code of Federal Regulations, or 
     any successor thereto, as such term applies to natural 
     persons, as the Commission may deem appropriate for the 
     protection of investors, in the public interest, and in light 
     of the economy.
       On page 388, line 14, strike ``1 year'' and insert ``3 
     years''.
       On page 998, strike line 12 and all that follows through 
     page 1001, line 25, and insert the following:

     SEC. 926. DISQUALIFYING FELONS AND OTHER ``BAD ACTORS'' FROM 
                   REGULATION D OFFERINGS.

       Not later than 1 year after the date of enactment of this 
     Act, the Commission shall issue rules for the 
     disqualification of offerings and sales of securities made 
     under section 230.506 of title 17, Code of Federal 
     Regulations, that--
       (1) are substantially similar to the provisions of section 
     230.262 of title 17, Code of Federal Regulations, or any 
     successor thereto; and
       (2) disqualify any offering or sale of securities by a 
     person that--
       (A) is subject to a final order of a State securities 
     commission (or an agency or officer of a State performing 
     like functions), a State authority that supervises or 
     examines banks, savings associations, or credit unions, a 
     State insurance commission (or an agency or officer of a 
     State performing like functions), an appropriate Federal 
     banking agency, or the National Credit Union Administration, 
     that--
       (i) bars the person from--

       (I) association with an entity regulated by such 
     commission, authority, agency, or officer;
       (II) engaging in the business of securities, insurance, or 
     banking; or
       (III) engaging in savings association or credit union 
     activities; or

       (ii) constitutes a final order based on a violation of any 
     law or regulation that prohibits fraudulent, manipulative, or 
     deceptive conduct within the 10-year period ending on the 
     date of the filing of the offer or sale; or
       (B) has been convicted of any felony or misdemeanor in 
     connection with the purchase or sale of any security or 
     involving the making of any false filing with the Commission.
                                 ______
                                 
  SA 4057. Mr. ENZI (for himself and Mr. Corker) 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 956, strike line 10 and all that follows through 
     page 957, line 11, and insert the following:

     SEC. 978. FUNDING FOR GOVERNMENTAL ACCOUNTING STANDARDS 
                   BOARD.

       (a) Amendment to Securities Act of 1933.--Section 19 of the 
     Securities Act of 1933 (15 U.S.C. 77s), as amended by section 
     912, is further amended by adding at the end the following:
       ``(g)(1) The Commission may, subject to the limitations 
     imposed by section 15B of the Securities Exchange Act (15 
     U.S.C. 78o-4) require a national securities association 
     registered under the Securities Exchange Act of 1934 to 
     establish--
       ``(A) a reasonable annual accounting support fee to 
     adequately fund the annual budget of the Governmental 
     Accounting Standards Board (hereafter referred to in this 
     subsection as the `GASB'); and
       ``(B) rules and procedures, in consultation with the 
     principal organizations representing State governors, 
     legislators, local elected officials, and State and local 
     finance officers, to provide for the equitable allocation, 
     assessment, and collection of the accounting support fee 
     established under subparagraph (A) from the members of the 
     association, and the remittance of all such accounting 
     support fees to the Financial Accounting Foundation.
       ``(2) Annual budget.--For purpose of this subsection, the 
     annual budget of the GASB is the annual budget reviewed and 
     approved according to the FAF's internal procedures.
       ``(3) Use of funds.--Any funds collected under this 
     subsection shall be used to support the efforts of the GASB 
     to establish standards of financial accounting and reporting 
     recognized as generally accepted accounting principles 
     applicable to State and local governments of the United 
     States.
       ``(4) Limitation on fee.--The annual accounting support 
     fees collected under this subsection for a fiscal year shall 
     not exceed the recoverable annual budgeted expenses of the 
     GASB (which may include operating expenses, capital, and 
     accrued items).
       ``(5) Rules of construction.--
       ``(A) Fees not public monies.--Accounting support fees 
     collected pursuant to this subsection and other receipts of 
     the GASB shall not be considered public monies of the United 
     States.
       ``(B) Limitation on authority of the commission.--Nothing 
     in this subsection shall be construed to--
       ``(i) provide the Commission or any national securities 
     association direct or indirect oversight of GASB's budget or 
     technical agenda; or
       ``(ii) affect the GASB's setting of generally accepted 
     accounting principles.
       ``(C) Noninterference with states.--Nothing in this 
     subsection shall be construed to impair or limit the 
     authority of a State or local government to establish 
     accounting and financial reporting standards.''.
       (b) Study of Funding for Governmental Accounting Standards 
     Board.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study that evaluates--
       (A) the role and importance of the Governmental Accounting 
     Standards Board in the municipal securities markets;
       (B) the manner and the level at which the Governmental 
     Accounting Standards Board has been funded;
       (2) Consultation.--In conducting the study required under 
     paragraph (1), the Comptroller General shall consult with the 
     principal organizations representing State governors, 
     legislators, and local elected officials and State and local 
     finance officers.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Financial Services of the 
     House of Representatives a report on the study required under 
     paragraph (1).
                                 ______
                                 
  SA 4058. Mr. SHELBY 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 1223, line 5, strike ``and'' and all that follows 
     through line 7, and insert the following:
       (8) an Office of Management and Budget (hereafter in this 
     section referred to as ``OMB'') analysis of the economic 
     impact of all rules and orders adopted by the Bureau, as well 
     as other initiatives conducted by the Bureau, during the 
     preceding year, which shall include--
       (A) the total costs of such rules, orders, and initiatives;
       (B) the annual impact on employment, both nationally and by 
     State;

[[Page 8343]]

       (C) the estimated time for covered persons to comply with 
     such rules, orders, and initiatives, both on average and by 
     size of business covered; and
       (D) the number of persons affected by each such rule, 
     order, and initiative;
       (9) an OMB analysis of the economic impact of all statutes, 
     rules, regulations, and orders related to this Act, which 
     shall include--
       (A) a statement of the need for the proposed action and an 
     analysis of whether there exists a market failure;
       (B) an examination of alternative approaches, including a 
     baseline case of not taking the regulatory action;
       (C) a statement of the plausible scenarios for which the 
     proposed action could lead to a Government failure;
       (D) the total costs of all such rules and orders;
       (E) the annual impact on employment nationally, by State, 
     and by industry;
       (F) the estimated time for covered persons to comply with 
     all such rules, orders, and initiatives both on average and 
     by size of business covered;
       (G) the number of persons affected by each such rule, 
     order, and initiative;
       (H) an analysis of estimated effects on market efficiency 
     and market competition, including a Regulatory Flexibility 
     Act (5 U.S.C. chapter 6) analysis to assess the impact on 
     small business and other small entities;
       (I) an analysis of estimated effects on United States 
     economic growth, United States economic competitiveness, and 
     international trade;
       (J) a Paperwork Reduction Act (44 U.S.C. chapter 35) 
     analysis;
       (K) a report of the precision of estimates and a statement 
     of the key assumptions;
       (L) a sensitivity analysis, based on plausible alternative 
     assumptions for data, methodologies, and assumed levels of 
     compliance and enforcement;
       (M) any other economic analysis of regulatory actions 
     required by Executive Order by the President of the United 
     States;
       (10) the annual compensation received by employees of the 
     Bureau, including the total, the average, and the number of 
     employees receiving salaries in excess of $100,000 and 
     $200,000 and such calculation of compensation shall include 
     the value of all non-salary compensation (including flex-
     time, vacation time, retirement benefits, and collective 
     bargaining benefits);
       (11) a copy of any collective bargaining agreements, or 
     amendments to such agreements, entered into between the 
     Bureau and its union during the preceding year;
       (12) an analysis of the effectiveness of the Bureau, 
     including evidence on whether each rule and regulation it has 
     adopted during the preceding 10 years have produced a 
     reduction in consumer complaints;
       (13) a copy of any agreements with State attorneys, State 
     regulators, private attorneys, or any other person or entity 
     relating to the enforcement of consumer financial protection 
     laws; and
       (14) an analysis of the efforts of the Bureau to fulfill 
     the fair lending mission of the Bureau.
       (d) Annual Review of Rules and Regulations.--
       (1) In general.--OMB shall review, on a rolling-basis each 
     statute, rule, regulation, and order related to this Act, to 
     determine whether such statute, rule, regulation, order has 
     achieved its intended result and whether such statute, rule, 
     regulation, or order should be modified or repealed based on 
     changes in the marketplace. Each such statute, rule, 
     regulation, and order shall be reviewed not less frequently 
     than once every 8 years.
       (2) Report.--In connection with the review required under 
     paragraph (1), OMB shall annually produce a report discussing 
     its findings, including--
       (A) providing evidence on whether each statute, rule, 
     regulation, or order under review should be retained, 
     modified, or repealed;
       (B) a discussion of the original intent of each statute, 
     rule, regulation, and order;
       (C) an analysis of whether each such statute, rule, 
     regulation, and order achieved its intended results; and
       (D) a cost benefit analysis of such statute, rule, 
     regulation, and order that estimates the actual costs imposed 
     on the private sector, compared to the actual benefits to the 
     private sector attained, which cost benefit analysis shall 
     include the costs of complying with such statute, rule, 
     regulation, and order, the impact on innovation, and actual 
     litigation costs incurred by private and governmental parties 
     in litigating such statute and regulation.
       (3) Notice to bureau.--If OMB determines under paragraph 
     (2) that any regulation has not yielded a positive cost-
     benefit result, the Bureau shall be promptly repealed such 
     regulation or modify such regulation so that it is estimated 
     to produce a positive cost-benefit result.
       (4) Notice to congress.--If OMB determines under paragraph 
     (2) that any statute has not yielded a positive cost-benefit 
     result, OMB shall notify Congress and provide a 
     recommendation on whether the statute should be repealed or 
     modified to produce a positive cost-benefit result.
                                 ______
                                 
  SA 4059. Mr. REID (for Mrs. Lincoln (for herself, Mr. Chambliss, Mr. 
Cochran, and Mr. Brown of Ohio)) 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 565, between lines 2 and 3, insert the following:
       (e) Preservation of Other Regulatory Authority.--Section 
     2(a)(1)(C) of the Commodity Exchange Act (7 U.S.C. 
     2(a)(1)(C)) (as amended by section 717(a)) is amended by 
     adding at the end the following:
       ``(vi) No provision of this Act shall be construed--

       ``(I) to supersede or limit the authority of the Federal 
     Energy Regulatory Commission under the Federal Power Act (16 
     U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C. 717 et 
     seq.);
       ``(II) to restrict the Federal Energy Regulatory Commission 
     from carrying out the duties and responsibilities of the 
     Federal Energy Regulatory Commission under the Acts described 
     in subclause (I);
       ``(III) to affect the authority of the Federal Energy 
     Regulatory Commission to approve, deny, or otherwise permit 
     any rate or charge made, demanded, or received by any public 
     utility or natural gas company for the transportation or sale 
     of electric energy or natural gas subject to the jurisdiction 
     of the Federal Energy Regulatory Commission; or
       ``(IV) to supersede or limit the authority of a State 
     regulatory commission that has jurisdiction to regulate rates 
     and charges for the transmission or sale of electric energy 
     within the State, or restrict that State regulatory 
     commission from carrying out the duties and responsibilities 
     of the State regulatory commission pursuant to the 
     jurisdiction of the State regulatory commission to regulate 
     rates and charges for the transmission or sale of electric 
     energy.

       ``(vii) Nothing in clause (vi) shall affect the 
     Commission's exclusive jurisdiction under subparagraph (A) 
     with respect to the trading, execution, or clearing of any 
     agreement, contract, or transaction on or subject to the 
     rules of a registered entity, including a designated contract 
     market, derivatives clearing organization, or swap execution 
     facility.''.
       (f) Public Interest Waiver.--Section 4(c) of the Commodity 
     Exchange Act (7 U.S.C. 6(c)) (as amended by section 721(d)) 
     is amended by adding at the end the following:
       ``(6) If the Commission determines that the exemption would 
     be consistent with the public interest and the purposes of 
     this Act, the Commission shall, in accordance with paragraphs 
     (1) and (2), exempt from the requirements of this Act an 
     agreement, contract, or transaction that is entered into--
       ``(A) pursuant to a tariff or rate schedule approved or 
     permitted to take effect by the Federal Energy Regulatory 
     Commission;
       ``(B) pursuant to a tariff or rate schedule establishing 
     rates or charges for, or protocols governing, the sale of 
     electric energy approved or permitted to take effect by the 
     regulatory body of the State or municipality having 
     jurisdiction to regulate rates and charges for the sale of 
     electric energy within the State or municipality; or
       ``(C) between entities described in section 201(f) of the 
     Federal Power Act (16 U.S.C. 824(f)).
       ``(7)(A) Any person may apply to the Commission for an 
     exemption from the requirements of this Act with respect to 
     an agreement, contract, or transaction described in paragraph 
     (6).
       ``(B) Not later than 1 business day after the date of 
     receipt of an application described in subparagraph (A), the 
     Commission shall notify, and provide a copy of the 
     application to--
       ``(i) the Federal Energy Regulatory Commission; and
       ``(ii) with respect to an application filed with respect to 
     paragraph (6)(B), the relevant State regulatory body or 
     municipality.
       ``(C) The Commission shall provide not less than a 30-day 
     period for public comment with respect to any application 
     described in subparagraph (A).
       ``(D)(i) Not later than the date on which the public 
     comment period described in subparagraph (C) expires, the 
     Federal Energy Regulatory Commission (and the relevant State 
     regulatory body or municipality with respect to an 
     application filed with respect to paragraph (6)(B)) may 
     provide to the Commission a recommendation regarding the 
     application for exemption.
       ``(ii) The Commission shall give due consideration to any 
     recommendation described in clause (i).

[[Page 8344]]

       ``(E) Not later than 120 days after the date of receipt of 
     an application described in subparagraph (A), the Commission 
     shall, by order--
       ``(i) grant an exemption in accordance with paragraph (6); 
     or
       ``(ii) provide to the applicant a document that contains a 
     description of each reason relied on by the Commission for 
     not granting an exemption.''.
                                 ______
                                 
  SA 4060. Mr. BROWN of Massachusetts 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 485, strike line 1 and all that follows through 
     page 489, line 13, and insert the following:
       (2) the term ``insured depository institution'' does not 
     include an institution described in section 2(c)(2)(D) of the 
     Bank Holding Company Act of 1956 (12 U.S.C. 1841(c)(2)(D));
       (3) the term ``proprietary trading''--
       (A) means purchasing or selling, or otherwise acquiring or 
     disposing of, stocks, bonds, options, commodities, 
     derivatives, or other financial instruments by an insured 
     depository institution, a company that controls, directly or 
     indirectly, an insured depository institution or is treated 
     as a bank holding company for purposes of the Bank Holding 
     Company Act of 1956 (12 U.S.C. 1841 et seq.), and any 
     subsidiary of such institution or company, for the trading 
     book (or such other portfolio as the Federal banking agencies 
     may determine) of such institution, company, or subsidiary;
       (B) subject to such restrictions as the Federal banking 
     agencies may determine, does not include purchasing or 
     selling, or otherwise acquiring or disposing of, stocks, 
     bonds, options, commodities, derivatives, or other financial 
     instruments on behalf of a customer, as part of market making 
     activities, or otherwise in connection with or in 
     facilitation of customer relationships, including risk-
     mitigating hedging activities related to such a purchase, 
     sale, acquisition, or disposal; and
       (C) does not include the investments of a regulated 
     insurance company, or a regulated insurance affiliate or 
     regulated insurance subsidiary thereof, if--
       (i) such investments are in compliance with, and subject 
     to, the insurance company investment laws, regulations, and 
     written guidance of the State or jurisdiction in which each 
     such insurance company is domiciled; and
       (ii) the Federal banking agencies, after consultation with 
     the Council and the relevant insurance commissioners of the 
     States and territories of the United States, have not jointly 
     determined, after notice and comment, that a law, a 
     regulation, or written guidance described in clause (i) is 
     insufficient to accomplish the purposes of this section; and
       (4) the term ``sponsoring'', when used with respect to a 
     hedge fund or private equity fund, means--
       (A) serving as a general partner, managing member, or 
     trustee of the fund;
       (B) in any manner selecting or controlling (or having 
     employees, officers, directors, or agents who constitute) a 
     majority of the directors, trustees, or management of the 
     fund; or
       (C) sharing with the fund, for corporate, marketing, 
     promotional, or other purposes, the same name or a variation 
     of the same name.
       (b) Prohibition on Proprietary Trading.--
       (1) In general.--Subject to the recommendations and 
     modifications of the Council under subsection (g), and except 
     as provided in paragraph (2) or (3), the appropriate Federal 
     banking agencies shall, through a rulemaking under subsection 
     (g), jointly prohibit proprietary trading by an insured 
     depository institution, a company that controls, directly or 
     indirectly, an insured depository institution or is treated 
     as a bank holding company for purposes of the Bank Holding 
     Company Act of 1956 (12 U.S.C. 1841 et seq.), and any 
     subsidiary of such institution or company.
       (2) Excepted obligations.--
       (A) In general.--The prohibition under this subsection 
     shall not apply with respect to an investment that is 
     otherwise authorized by Federal law in--
       (i) obligations of the United States or any agency of the 
     United States, including obligations fully guaranteed as to 
     principal and interest by the United States or an agency of 
     the United States;
       (ii) obligations, participations, or other instruments of, 
     or issued by, the Government National Mortgage Association, 
     the Federal National Mortgage Association, or the Federal 
     Home Loan Mortgage Corporation, including obligations fully 
     guaranteed as to principal and interest by such entities; and
       (iii) obligations of any State or any political subdivision 
     of a State.
       (B) Conditions.--The appropriate Federal banking agencies 
     may impose conditions on the conduct of investments described 
     in subparagraph (A).
       (C) Rule of construction.--Nothing in subparagraph (A) may 
     be construed to grant any authority to any person that is not 
     otherwise provided in Federal law.
       (3) Foreign activities.--An investment or activity 
     conducted by a company pursuant to paragraph (9) or (13) of 
     section 4(c) of the Bank Holding Company Act of 1956 (12 
     U.S.C. 1843(c)) solely outside of the United States shall not 
     be subject to the prohibition under paragraph (1), provided 
     that the company is not directly or indirectly controlled by 
     a company that is organized under the laws of the United 
     States or of a State.
       (c) Prohibition on Sponsoring and Investing in Hedge Funds 
     and Private Equity Funds.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to the recommendations and modifications of the 
     Council under subsection (g), the appropriate Federal banking 
     agencies shall, through a rulemaking under subsection (g), 
     jointly prohibit an insured depository institution, a company 
     that controls, directly or indirectly, an insured depository 
     institution or is treated as a bank holding company for 
     purposes of the Bank Holding Company Act of 1956 (12 U.S.C. 
     1841 et seq.), or any subsidiary of such institution or 
     company, from sponsoring or investing in a hedge fund or a 
     private equity fund.
       (2) Application to foreign activities of foreign firms.--An 
     investment or activity conducted by a company pursuant to 
     paragraph (9) or (13) of section 4(c) of the Bank Holding 
     Company Act of 1956 (12 U.S.C. 1843(c)) solely outside of the 
     United States shall not be subject to the prohibitions and 
     restrictions under paragraph (1), provided that the company 
     is not directly or indirectly controlled by a company that is 
     organized under the laws of the United States or of a State.
       (3) Exception.--Notwithstanding paragraph (1), an insured 
     depository institution, a company that controls, directly or 
     indirectly, an insured depository institution or is treated 
     as a bank holding company for purposes of the Bank Holding 
     Company Act of 1956 (12 U.S.C. 1841 et seq.), or any 
     subsidiary of such institution or company may sponsor or 
     invest in a hedge fund or a private equity fund, if--
       (A) such institution, company, or subsidiary provides 
     trust, fiduciary, or advisory services to the fund;
       (B) the fund is sponsored and offered in connection with 
     the provision of trust, fiduciary, or advisory services by 
     such institution, company, or subsidiary to persons who are, 
     or may be, customers or clients of such institution, company, 
     or subsidiary;
       (C) such institution, company, or subsidiary--
       (i) does not acquire or retain an equity, partnership, or 
     ownership interest in the fund; or
       (ii) acquires or retains an equity, partnership, or 
     ownership interest, if--

       (I) on the date that is 12 months after the date on which 
     the fund is established, the equity, partnership, or 
     ownership interest is not greater than 5 percent of the total 
     equity of the fund; and
       (II) the aggregate equity investments by such institution, 
     company, or subsidiary in the fund do not exceed 5 percent of 
     Tier 1 capital of such institution, company, or subsidiary;

       (D) such institution, company, or subsidiary does not enter 
     into or otherwise engage in any transaction with the fund 
     that is a covered transaction, as defined in section 23A of 
     the Federal Reserve Act (12 U.S.C. 371c), except on terms and 
     under circumstances specified in section 23B of the Federal 
     Reserve Act (12 U.S.C. 371c-1);
       (E) the obligations of the fund are not guaranteed, 
     directly or indirectly, by such institution, company, or 
     subsidiary any affiliate of such institution, company, or 
     subsidiary; and
       (F) such institution, company, or subsidiary does not share 
     with the fund, for corporate, marketing, promotional, or 
     other purposes, the same name or a variation of the same 
     name.
                                 ______
                                 
  SA 4061. Mr. CHAMBLISS 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:

       Beginning on page 539, strike line 14 and all that follows 
     through page 584, line 7, and insert the following:

[[Page 8345]]

       ``(33) Major swap participant.--
       ``(A) In general.--The term `major swap participant' means 
     any person who is not a swap dealer, and--
       ``(i)(I) maintains a substantial net position in swaps for 
     any of the major swap categories as determined by the 
     Commission, excluding--

       ``(aa) positions held for hedging or mitigating commercial 
     risk, including operating risk and balance sheet risk, of 
     such person or its affiliates; and
       ``(bb) positions maintained by any employee benefit plan 
     (or any contract held by such a plan) as defined in 
     paragraphs (3) and (32) of section 3 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002) for 
     the primary purpose of hedging or mitigating any risk 
     directly associated with the operation of the plan; and

       ``(II) whose outstanding swaps create substantial net 
     counterparty exposure that could have serious adverse effects 
     on the financial stability of the United States banking 
     system or financial markets; or
       ``(ii)(I) is a financial entity, other than an entity 
     predominantly engaged in providing customer financing for the 
     purchase of an affiliate's merchandise or manufactured goods, 
     that is highly leveraged relative to the amount of capital it 
     holds;
       ``(II) maintains a substantial net position in outstanding 
     swaps in any major swap category as determined by the 
     Commission; and
       ``(III) whose outstanding swaps create substantial net 
     counterparty exposure that could have serious adverse effects 
     on the financial stability of the United States banking 
     system or financial markets.
       ``(B) Definition of substantial net position.--For purposes 
     of subparagraph (A), the Commission shall define by rule or 
     regulation the term `substantial net position' to mean a 
     position after application of legally enforceable netting or 
     collateral arrangements that meets a threshold the Commission 
     determines to be prudent for the effective monitoring, 
     management, and oversight of entities that are systemically 
     important or can significantly impact the financial system of 
     the United States.
       ``(C) Scope of designation.--For purposes of subparagraph 
     (A), a person may be designated as a major swap participant 
     for 1 or more categories of swaps without being classified as 
     a major swap participant for all classes of swaps.
       ``(D) Capital.--In setting capital requirements for a 
     person that is designated as a major swap participant for a 
     single type or single class or category of swaps or 
     activities, the prudential regulator and the Commission shall 
     take into account the risks associated with other types of 
     swaps or classes of swaps or categories of swaps engaged in 
     by virtue of the status of the person as a major swap 
     participant.'';
       (17) by inserting after paragraph (38) (as redesignated by 
     paragraph (1)) the following:
       ``(39) Prudential regulator.--The term `prudential 
     regulator' means--
       ``(A) the Office of the Comptroller of the Currency, in the 
     case of--
       ``(i) any national banking association;
       ``(ii) any Federal branch or agency of a foreign bank; or
       ``(iii) any Federal savings association;
       ``(B) the Federal Deposit Insurance Corporation, in the 
     case of--
       ``(i) any insured State bank;
       ``(ii) any foreign bank having an insured branch; or
       ``(iii) any State savings association;
       ``(C) the Board of Governors of the Federal Reserve System, 
     in the case of--
       ``(i) any noninsured State member bank;
       ``(ii) any branch or agency of a foreign bank with respect 
     to any provision of the Federal Reserve Act (12 U.S.C. 221 et 
     seq.) which is made applicable under the International 
     Banking Act of 1978 (12 U.S.C. 3101 et seq.);
       ``(iii) any foreign bank which does not operate an insured 
     branch;
       ``(iv) any agency or commercial lending company other than 
     a Federal agency; or
       ``(v) supervisory or regulatory proceedings arising from 
     the authority given to the Board of Governors under section 
     7(c)(1) of the International Banking Act of 1978 (12 U.S.C. 
     3105(c)(1)), including such proceedings under the Financial 
     Institutions Supervisory Act of 1966 (12 U.S.C. 1464 et 
     seq.); and
       ``(D) the Farm Credit Administration, in the case of a swap 
     dealer, major swap participant, security-based swap dealer, 
     or major security-based swap participant that is an 
     institution chartered under the Farm Credit Act of 1971 (12 
     U.S.C. 2001 et seq.).'';
       (18) in paragraph (40) (as redesignated by paragraph (1))--
       (A) by striking subparagraph (B);
       (B) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (B), (C), and (F), respectively;
       (C) in subparagraph (C) (as so redesignated), by striking 
     ``and'';
       (D) by inserting after subparagraph (C) (as so 
     redesignated) the following:
       ``(D) a swap execution facility registered under section 
     5h;
       ``(E) a swap data repository; and'';
       (19) by inserting after paragraph (41) (as redesignated by 
     paragraph (1)) the following:
       ``(42) Security-based swap.--The term `security-based swap' 
     has the meaning given the term in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
       ``(43) Security-based swap dealer.--The term `security-
     based swap dealer' has the meaning given the term in section 
     3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)).'';
       (20) in paragraph (46) (as redesignated by paragraph (1)), 
     by striking ``subject to section 2(h)(7)'' and inserting 
     ``subject to section 2(h)(5)'';
       (21) by inserting after paragraph (46) (as redesignated by 
     paragraph (1)) the following:
       ``(47) Swap.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `swap' means any agreement, contract, or 
     transaction--
       ``(i) that is a put, call, cap, floor, collar, or similar 
     option of any kind that is for the purchase or sale, or based 
     on the value, of 1 or more interest or other rates, 
     currencies, commodities, securities, instruments of 
     indebtedness, indices, quantitative measures, or other 
     financial or economic interests or property of any kind;
       ``(ii) that provides for any purchase, sale, payment, or 
     delivery (other than a dividend on an equity security) that 
     is dependent on the occurrence, nonoccurrence, or the extent 
     of the occurrence of an event or contingency associated with 
     a potential financial, economic, or commercial consequence;
       ``(iii) that provides on an executory basis for the 
     exchange, on a fixed or contingent basis, of 1 or more 
     payments based on the value or level of 1 or more interest or 
     other rates, currencies, commodities, securities, instruments 
     of indebtedness, indices, quantitative measures, or other 
     financial or economic interests or property of any kind, or 
     any interest therein or based on the value thereof, and that 
     transfers, as between the parties to the transaction, in 
     whole or in part, the financial risk associated with a future 
     change in any such value or level without also conveying a 
     current or future direct or indirect ownership interest in an 
     asset (including any enterprise or investment pool) or 
     liability that incorporates the financial risk so 
     transferred, including any agreement, contract, or 
     transaction commonly known as--

       ``(I) an interest rate swap;
       ``(II) a rate floor;
       ``(III) a rate cap;
       ``(IV) a rate collar;
       ``(V) a cross-currency rate swap;
       ``(VI) a basis swap;
       ``(VII) a currency swap;
       ``(VIII) a foreign exchange swap;
       ``(IX) a total return swap;
       ``(X) an equity index swap;
       ``(XI) an equity swap;
       ``(XII) a debt index swap;
       ``(XIII) a debt swap;
       ``(XIV) a credit spread;
       ``(XV) a credit default swap;
       ``(XVI) a credit swap;
       ``(XVII) a weather swap;
       ``(XVIII) an energy swap;
       ``(XIX) a metal swap;
       ``(XX) an agricultural swap;
       ``(XXI) an emissions swap; and
       ``(XXII) a commodity swap;

       ``(iv) that is an agreement, contract, or transaction that 
     is, or in the future becomes commonly known to the trade as a 
     swap;
       ``(v) including any security-based swap agreement which 
     meets the definition of `swap agreement' as defined in 
     section 206A of the Gramm-Leach-Bliley Act (15 U.S.C. 78c 
     note) of which a material term is based on the price, yield, 
     value, or volatility of any security or any group or index of 
     securities, or any interest therein; or
       ``(vi) that is any combination or permutation of, or option 
     on, any agreement, contract, or transaction described in any 
     of clauses (i) through (v).
       ``(B) Exclusions.--The term `swap' does not include--
       ``(i) any contract of sale of a commodity for future 
     delivery (or option on such a contract), leverage contract 
     authorized under section 19, security futures product, or 
     agreement, contract, or transaction described in section 
     2(c)(2)(C)(i) or section 2(c)(2)(D)(i);
       ``(ii) any sale of a nonfinancial commodity or security for 
     deferred shipment or delivery, so long as the transaction is 
     intended to be physically settled;
       ``(iii) any put, call, straddle, option, or privilege on 
     any security, certificate of deposit, or group or index of 
     securities, including any interest therein or based on the 
     value thereof, that is subject to--

       ``(I) the Securities Act of 1933 (15 U.S.C. 77a et seq.); 
     and
       ``(II) the Securities Exchange Act of 1934 (15 U.S.C. 78a 
     et seq.);

       ``(iv) any put, call, straddle, option, or privilege 
     relating to a foreign currency entered into on a national 
     securities exchange registered pursuant to section 6(a) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78f(a));
       ``(v) any agreement, contract, or transaction providing for 
     the purchase or sale of 1 or more securities on a fixed basis 
     that is subject to--

       ``(I) the Securities Act of 1933 (15 U.S.C. 77a et seq.); 
     and
       ``(II) the Securities Exchange Act of 1934 (15 U.S.C. 78a 
     et seq.);

       ``(vi) any agreement, contract, or transaction providing 
     for the purchase or sale of 1

[[Page 8346]]

     or more securities on a contingent basis that is subject to 
     the Securities Act of 1933 (15 U.S.C. 77a et seq.) and the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), 
     unless the agreement, contract, or transaction predicates the 
     purchase or sale on the occurrence of a bona fide contingency 
     that might reasonably be expected to affect or be affected by 
     the creditworthiness of a party other than a party to the 
     agreement, contract, or transaction;
       ``(vii) any note, bond, or evidence of indebtedness that is 
     a security, as defined in section 2(a) of the Securities Act 
     of 1933 (15 U.S.C. 77b(a));
       ``(viii) any agreement, contract, or transaction that is--

       ``(I) based on a security; and
       ``(II) entered into directly or through an underwriter (as 
     defined in section 2(a) of the Securities Act of 1933 (15 
     U.S.C. 77b(a))) by the issuer of such security for the 
     purposes of raising capital, unless the agreement, contract, 
     or transaction is entered into to manage a risk associated 
     with capital raising;

       ``(ix) any agreement, contract, or transaction a 
     counterparty of which is a Federal Reserve bank, the Federal 
     Government, or a Federal agency that is expressly backed by 
     the full faith and credit of the United States; and
       ``(x) any security-based swap, other than a security-based 
     swap as described in subparagraph (D).
       ``(C) Rule of construction regarding master agreements.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `swap' includes a master agreement that provides for an 
     agreement, contract, or transaction that is a swap under 
     subparagraph (A), together with each supplement to any master 
     agreement, without regard to whether the master agreement 
     contains an agreement, contract, or transaction that is not a 
     swap pursuant to subparagraph (A).
       ``(ii) Exception.--For purposes of clause (i), the master 
     agreement shall be considered to be a swap only with respect 
     to each agreement, contract, or transaction covered by the 
     master agreement that is a swap pursuant to subparagraph (A).
       ``(D) Mixed swap.--The term `security-based swap' includes 
     any agreement, contract, or transaction that is as described 
     in section 3(a)(68)(A) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)(68)(A)) and also is based on the value of 1 
     or more interest or other rates, currencies, commodities, 
     instruments of indebtedness, indices, quantitative measures, 
     other financial or economic interest or property of any kind 
     (other than a single security or a narrow-based security 
     index), or the occurrence, non-occurrence, or the extent of 
     the occurrence of an event or contingency associated with a 
     potential financial, economic, or commercial consequence 
     (other than an event described in subparagraph (A)(iii)).
       ``(E) Treatment of foreign exchange swaps and forwards.--
       ``(i) In general.--Foreign exchange swaps and foreign 
     exchange forwards shall be considered swaps under this 
     paragraph unless the Secretary makes a written determination 
     that either foreign exchange swaps or foreign exchange 
     forwards or both--

       ``(I) should be not be regulated as swaps under this Act; 
     and
       ``(II) are not structured to evade the Wall Street 
     Transparency and Accountability Act of 2010 in violation of 
     any rule promulgated by the Commission pursuant to section 
     111(c) of that Act.

       ``(ii) Congressional notice; effectiveness.--The Secretary 
     shall submit any written determination under clause (i) to 
     the appropriate committees of Congress, including the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate and the Committee on Agriculture of the House of 
     Representatives. Any such written determination by the 
     Secretary shall not be effective until it is submitted to the 
     appropriate committees of Congress.
       ``(iii) Reporting.--Notwithstanding a written determination 
     by the Secretary under clause (i), all foreign exchange swaps 
     and foreign exchange forwards shall be reported to either a 
     swap data repository, or, if there is no swap data repository 
     that would accept such swaps or forwards, to the Commission 
     pursuant to section 4r within such time period as the 
     Commission may by rule or regulation prescribe.
       ``(iv) Business standards.--Notwithstanding clauses (ix) 
     and (x) of subparagraph (B) and clause (ii), any party to a 
     foreign exchange swap or forward that is a swap dealer or 
     major swap participant shall conform to the business conduct 
     standards contained in section 4s(h).
       ``(v) Secretary.--For purposes of this subparagraph only, 
     the term `Secretary' means the Secretary of the Treasury.
       ``(F) Exception for certain foreign exchange swaps and 
     forwards.--
       ``(i) Registered entities.--Any foreign exchange swap and 
     any foreign exchange forward that is listed and traded on or 
     subject to the rules of a designated contract market or a 
     swap execution facility, or that is cleared by a derivatives 
     clearing organization shall not be exempt from any provision 
     of this Act or amendments made by the Wall Street 
     Transparency and Accountability Act of 2010 prohibiting fraud 
     or manipulation.
       ``(ii) Retail transactions.--Nothing in subparagraph (E) 
     shall affect, or be construed to affect, the applicability of 
     this Act or the jurisdiction of the Commission with respect 
     to agreements, contracts, or transactions in foreign currency 
     pursuant to section 2(c)(2).
       ``(48) Swap data repository.--The term `swap data 
     repository' means any person that collects, calculates, 
     prepares, or maintains information or records with respect to 
     transactions or positions in, or the terms and conditions of, 
     swaps entered into by third parties.
       ``(49) Swap dealer.--
       ``(A) In general.--The term `swap dealer' means any person 
     who--
       ``(i) holds itself out as a dealer in swaps;
       ``(ii) makes a market in swaps;
       ``(iii) regularly engages in the purchase and sale of swaps 
     to customers as its ordinary course of business; and
       ``(iv) engages in any activity causing the person to be 
     commonly known in the trade as a dealer or market maker in 
     swaps.
       ``(B) Inclusion.--A person may be designated as a swap 
     dealer for a single type or single class or category of swap 
     or activities and considered not to be a swap dealer for 
     other types, classes, or categories of swaps or activities.
       ``(C) Capital.--In setting capital requirements for a 
     person that is designated as a swap dealer for a single type 
     or single class or category of swap or activities, the 
     prudential regulator and the Commission shall take into 
     account the risks associated with other types of swaps or 
     classes of swaps or categories of swaps engaged in by virtue 
     of the status of the person as a swap dealer.
       ``(D) Exception.--The term `swap dealer' does not include a 
     person that buys or sells swaps for such person's own 
     account, either individually or in a fiduciary capacity, or 
     on behalf of any affiliates of such person, unless it does so 
     as a market maker and as a part of a regular business.
       ``(50) Swap execution facility.--The term `swap execution 
     facility' means a facility in which multiple participants 
     have the ability to execute or trade swaps by accepting bids 
     and offers made by other participants that are open to 
     multiple participants in the facility or system, through any 
     means of interstate commerce, including any trading facility, 
     that--
       ``(A) facilitates the execution of swaps between persons; 
     and
       ``(B) is not a designated contract market.''; and
       (22) in paragraph (51) (as redesignated by paragraph (1)), 
     in subparagraph (A)(i), by striking ``partipants'' and 
     inserting ``participants''.
       (b) Authority to Define Terms.--The Commodity Futures 
     Trading Commission may adopt a rule to define--
       (1) the term ``commercial risk''; and
       (2) any other term included in an amendment to the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.) made by this 
     subtitle.
       (c) Modification of Definitions.--To include transactions 
     and entities that have been structured to evade this subtitle 
     (or an amendment made by this subtitle), the Commodity 
     Futures Trading Commission shall adopt a rule to further 
     define the terms ``swap'', ``swap dealer'', ``major swap 
     participant'', and ``eligible contract participant''.
       (d) Exemptions.--Section 4(c)(1) of the Commodity Exchange 
     Act (7 U.S.C. 6(c)(1)) is amended by striking ``except that'' 
     and all that follows through the period at the end and 
     inserting the following: ``except that--
       ``(A) unless the Commission is expressly authorized by any 
     provision described in this subparagraph to grant exemptions, 
     with respect to amendments made by subtitle A of the Wall 
     Street Transparency and Accountability Act of 2010--
       ``(i) with respect to--

       ``(I) paragraphs (2), (3), (4), (5), and (7), clause 
     (vii)(III) of paragraph (17), paragraphs (23), (24), (31), 
     (32), (38), (39), (41), (42), (46), (47), (48), and (49) of 
     section 1a, and sections 2(a)(13), 2(c)(D), 4a(a), 4a(b), 
     4d(c), 4d(d), 4r, 4s, 5b(a), 5b(b), 5(d), 5(g), 5(h), 5b(c), 
     5b(i), 8e, and 21; and
       ``(II) section 206(e) of the Gramm-Leach-Bliley Act (Public 
     Law 106-102; 15 U.S.C. 78c note); and

       ``(ii) in subsection (c) of section 111 and section 132; 
     and
       ``(B) the Commission and the Securities and Exchange 
     Commission may by rule, regulation, or order jointly exclude 
     any agreement, contract, or transaction from section 
     2(a)(1)(D)) if the Commission determines that the exemption 
     would be consistent with the public interest.''.
       (e) Conforming Amendments.--
       (1) Section 2(c)(2)(B)(i)(II) of the Commodity Exchange Act 
     (7 U.S.C. 2(c)(2)(B)(i)(II)) is amended--
       (A) in item (cc)--
       (i) in subitem (AA), by striking ``section 1a(20)'' and 
     inserting ``section 1a''; and
       (ii) in subitem (BB), by striking ``section 1a(20)'' and 
     inserting ``section 1a''; and
       (B) in item (dd), by striking ``section 1a(12)(A)(ii)'' and 
     inserting ``section 1a(18)(A)(ii)''.
       (2) Section 4m(3) of the Commodity Exchange Act (7 U.S.C. 
     6m(3)) is amended by striking ``section 1a(6)'' and inserting 
     ``section 1a''.

[[Page 8347]]

       (3) Section 4q(a)(1) of the Commodity Exchange Act (7 
     U.S.C. 6o-1(a)(1)) is amended by striking ``section 1a(4)'' 
     and inserting ``section 1a(9)''.
       (4) Section 5(e)(1) of the Commodity Exchange Act (7 U.S.C. 
     7(e)(1)) is amended by striking ``section 1a(4)'' and 
     inserting ``section 1a(9)''.
       (5) Section 5a(b)(2)(F) of the Commodity Exchange Act (7 
     U.S.C. 7a(b)(2)(F)) is amended by striking ``section 1a(4)'' 
     and inserting ``section 1a(9)''.
       (6) Section 5b(a) of the Commodity Exchange Act (7 U.S.C. 
     7a-1(a)) is amended, in the matter preceding paragraph (1), 
     by striking ``section 1a(9)'' and inserting ``section 1a''.
       (7) Section 5c(c)(2)(B) of the Commodity Exchange Act (7 
     U.S.C. 7a-2(c)(2)(B)) is amended by striking ``section 
     1a(4)'' and inserting ``section 1a(9)''.
       (8) Section 6(g)(5)(B)(i) of the Securities Exchange Act of 
     1934 (15 U.S.C. 78f(g)(5)(B)(i)) is amended--
       (A) in subclause (I), by striking ``section 1a(12)(B)(ii)'' 
     and inserting ``section 1a(18)(B)(ii)''; and
       (B) in subclause (II), by striking ``section 1a(12)'' and 
     inserting ``section 1a(18)''.
       (9) The Legal Certainty for Bank Products Act of 2000 (7 
     U.S.C. 27 et seq.) is amended--
       (A) in section 402--
       (i) in subsection (a)(7), by striking ``section 1a(20)'' 
     and inserting ``section 1a'';
       (ii) in subsection (b)(2), by striking ``section 1a(12)'' 
     and inserting ``section 1a'';
       (iii) in subsection (c), by striking ``section 1a(4)'' and 
     inserting ``section 1a''; and
       (iv) in subsection (d)--

       (I) in the matter preceding paragraph (1), by striking 
     ``section 1a(4)'' and inserting ``section 1a(9)'';
       (II) in paragraph (1)--

       (aa) in subparagraph (A), by striking ``section 1a(12)'' 
     and inserting ``section 1a''; and
       (bb) in subparagraph (B), by striking ``section 1a(33)'' 
     and inserting ``section 1a'';

       (III) in paragraph (2)--

       (aa) in subparagraph (A), by striking ``section 1a(10)'' 
     and inserting ``section 1a'';
       (bb) in subparagraph (B), by striking ``section 
     1a(12)(B)(ii)'' and inserting ``section 1a(18)(B)(ii)'';
       (cc) in subparagraph (C), by striking ``section 1a(12)'' 
     and inserting ``section 1a(18)''; and
       (dd) in subparagraph (D), by striking ``section 1a(13)'' 
     and inserting ``section 1a''; and
       (B) in section 404(1), by striking ``section 1a(4)'' and 
     inserting ``section 1a''.

     SEC. 722. JURISDICTION.

       (a) Exclusive Jurisdiction.--Section 2(a)(1)(A) of the 
     Commodity Exchange Act (7 U.S.C. 2(a)(1)(A)) is amended in 
     the first sentence--
       (1) by inserting ``the Wall Street Transparency and 
     Accountability Act of 2010 (including an amendment made by 
     that Act) and'' after ``otherwise provided in'';
       (2) by striking ``(c) through (i) of this section'' and 
     inserting ``(c) and (f)'';
       (3) by striking ``contracts of sale'' and inserting ``swaps 
     or contracts of sale''; and
       (4) by striking ``or derivatives transaction execution 
     facility registered pursuant to section 5 or 5a'' and 
     inserting ``pursuant to section 5''.
       (b) Regulation of Swaps Under Federal and State Law.--
     Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is 
     amended by adding at the end the following:
       ``(h) Regulation of Swaps as Insurance Under State Law.--A 
     swap--
       ``(1) shall not be considered to be insurance; and
       ``(2) may not be regulated as an insurance contract under 
     the law of any State.''.
       (c) Agreements, Contracts, and Transactions Traded on an 
     Organized Exchange.--Section 2(c)(2)(A) of the Commodity 
     Exchange Act (7 U.S.C. 2(c)(2)(A)) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) by redesignating clause (ii) as clause (iii); and
       (3) by inserting after clause (i) the following:
       ``(ii) a swap; or''.
       (d) Applicability.--Section 2 of the Commodity Exchange Act 
     (7 U.S.C. 2) (as amended by section 723(a)(3)) is amended by 
     adding at the end the following:
       ``(i) Applicability.--The provisions of this Act relating 
     to swaps that were enacted by the Wall Street Transparency 
     and Accountability Act of 2010 (including any rule prescribed 
     or regulation promulgated under that Act), shall not apply to 
     activities outside the United States unless those 
     activities--
       ``(1) have a direct and significant connection with 
     activities in, or effect on, commerce of the United States; 
     or
       ``(2) contravene such rules or regulations as the 
     Commission may prescribe or promulgate as are necessary or 
     appropriate to prevent the evasion of any provision of this 
     Act that was enacted by the Wall Street Transparency and 
     Accountability Act of 2010.''.

     SEC. 723. CLEARING.

       (a) Clearing Requirement.--
       (1) In general.--Section 2 of the Commodity Exchange Act (7 
     U.S.C. 2) is amended--
       (A) by striking subsections (d), (e), (g), and (h); and
       (B) by redesignating subsection (i) as subsection (g).
       (2) Swaps; limitation on participation.--Section 2 of the 
     Commodity Exchange Act (7 U.S.C. 2) (as amended by paragraph 
     (1)) is amended by inserting after subsection (c) the 
     following:
       ``(d) Swaps.--Nothing in this Act (other than subparagraphs 
     (A), (B), (C), and (D) of subsection (a)(1), subsections (f) 
     and (g), sections 1a, 2(c)(2)(A)(ii), 2(e), 2(h), 4(c), 4a, 
     4b, and 4b-1, subsections (a), (b), and (g) of section 4c, 
     sections 4d, 4e, 4f, 4g, 4h, 4i, 4j, 4k, 4l, 4m, 4n, 4o, 4p, 
     4r, 4s, 4t, 5, 5b, 5c, 5e, and 5h, subsections (c) and (d) of 
     section 6, sections 6c, 6d, 8, 8a, and 9, subsections (e)(2) 
     and (f) of section 12, subsections (a) and (b) of section 13, 
     sections 17, 20, 21, and 22(a)(4), and any other provision of 
     this Act that is applicable to registered entities and 
     Commission registrants) governs or applies to a swap.
       ``(e) Limitation on Participation.--It shall be unlawful 
     for any person, other than an eligible contract participant, 
     to enter into a swap unless the swap is entered into on, or 
     subject to the rules of, a board of trade designated as a 
     contract market under section 5.''.
       (3) Mandatory clearing of swaps.--Section 2 of the 
     Commodity Exchange Act (7 U.S.C. 2) is amended by inserting 
     after subsection (g) (as redesignated by paragraph (1)(B)) 
     the following:
       ``(h) Clearing Requirement.--
       ``(1) Open access.--The rules of a registered derivatives 
     clearing organization shall--
       ``(A) prescribe that all swaps with the same terms and 
     conditions are economically equivalent and may be offset with 
     each other within the derivatives clearing organization; and
       ``(B) provide for nondiscriminatory clearing of a swap 
     executed bilaterally or on or through the rules of an 
     unaffiliated designated contract market or swap execution 
     facility, subject to the requirements of section 5b.
       ``(2) Swaps subject to mandatory clearing requirement.--
       ``(A) In general.--In accordance with subparagraph (B), the 
     Commission shall, jointly with the Securities and Exchange 
     Commission and the Federal Reserve Board of Governors, adopt 
     rules to establish criteria for determining that a swap or 
     group, category, type, or class of swap is required to be 
     cleared.
       ``(B) Factors.--In carrying out subparagraph (A), the 
     following factors shall be considered:
       ``(i) Whether 1 or more derivatives clearing organizations 
     or clearing agencies accepts the swap or group, category, 
     type, or class of swap for clearing.
       ``(ii) Whether the swap or group, category, type, or class 
     of swap is traded pursuant to standard documentation and 
     terms.
       ``(iii) The liquidity of the swap or group, category, type, 
     or class of swap and its underlying commodity, security, 
     security of a reference entity, or group or index thereof.
       ``(iv) The ability to value the swap or group, category, 
     type, or class of swap and its underlying commodity, 
     security, security of a reference entity, or group or index 
     thereof consistent with an accepted pricing methodology, 
     including the availability of intraday prices.
       ``(v) The size of the market for the swap or group, 
     category, type, or class of swap and the available capacity, 
     operational expertise, and resources of the derivatives 
     clearing organization or clearing agency that accepts it for 
     clearing.
       ``(vi) Whether a clearing mandate would mitigate risk to 
     the financial system or whether it would unduly concentrate 
     risk in a clearing participant, derivatives clearing 
     organization, or clearing agency in a manner that could 
     threaten the solvency of that clearing participant, the 
     derivatives clearing organization, or the clearing agency.
       ``(vii) Such other factors as the Commission, the 
     Securities and Exchange Commission, and the Federal Reserve 
     Board of Governors jointly may determine are relevant.
       ``(C) Swaps subject to clearing requirement.--The 
     Commission--
       ``(i) shall review each swap, or any group, category, type, 
     or class of swap that is currently listed for clearing and 
     those which a derivatives clearing organization notifies the 
     Commission that the derivatives clearing organization plans 
     to list for clearing after the date of enactment of this 
     subsection;
       ``(ii) except as provided in paragraph (3), may require, 
     pursuant to the rules adopted under subparagraph (A) and 
     through notice-and-comment rulemaking, that a particular 
     swap, group, category, type, or class of swap must be 
     cleared; and
       ``(iii) shall rely on economic analysis provided by 
     economists of the Commission in making any determination 
     under clause (ii).
       ``(D) Effect.--
       ``(i) In general.--Nothing in this paragraph affects the 
     ability of a derivatives clearing organization to list for 
     permissive clearing any swap, or group, category, type, or 
     class of swaps.
       ``(ii) Prohibition.--The Commission shall not compel a 
     derivatives clearing organization to list a swap, group, 
     category, type, or class of swap for clearing if the 
     derivatives clearing organization determines that the

[[Page 8348]]

     swap, group, category, type, or class of swap would adversely 
     impact its business operations, or impair the financial 
     integrity of the derivatives clearing organization.
       ``(iii) Required exemption.--The Commission shall exempt a 
     swap from the requirements of subparagraph (C), if no 
     derivatives clearing organization registered under this Act 
     or no derivatives clearing organization that is exempt from 
     registration under section 5b(j) of this Act will accept the 
     swap for clearing.
       ``(E) Prevention of evasion.--The Commission may prescribe 
     rules, or issue interpretations of such rules, as necessary 
     to prevent evasions of any requirement to clear under 
     subparagraph (C). In issuing such rules or interpretations, 
     the Commission shall consider--
       ``(i) the extent to which the terms of the swap, group, 
     category, type, or class of swap are similar to the terms of 
     other swaps, groups, categories, types, or classes of swap 
     that are required to be cleared by swap participants under 
     subparagraph (C); and
       ``(ii) whether there is an economic purpose for any 
     differences in the terms of the swap or group, category, 
     type, or class of swap that are required to be cleared by 
     swap participants under subparagraph (C).
       ``(F) Elimination of requirement to clear.--The Commission 
     may, pursuant to the rules adopted under subparagraph (A) and 
     through notice-and-comment rulemaking, rescind a requirement 
     imposed under subparagraph (C) with respect to a swap, group, 
     category, type, or class of swap.
       ``(G) Petition for rulemaking.--Any person may file a 
     petition, pursuant to the rules of practice of the 
     Commission, requesting that the Commission use its authority 
     under subparagraph (C) to require clearing of a particular 
     swap, group, category, type, or class of swap or to use its 
     authority under subparagraph (F) to rescind a requirement for 
     swap participants to clear a particular swap, group, 
     category, type, or class of swap.
       ``(H) Foreign exchange forwards, swaps, and options.--
     Foreign exchange forwards, swaps, and options shall not be 
     subject to a clearing requirement under subparagraph (C) 
     unless the Department of the Treasury and the Board of 
     Governors determine that such a requirement is appropriate 
     after considering whether there exists an effective 
     settlement system for such foreign exchange forwards, swaps, 
     and options and any other factors that the Department of the 
     Treasury and the Board of Governors deem to be relevant.
       ``(3) End user clearing exemption.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Commercial end user.--The term `commercial end user' 
     means any person who, as its primary business activity owns, 
     operates, uses, produces, processes, develops, leases, 
     manufacturers, distributes, merchandises, provides or markets 
     goods, services, physical assets, or commodities (which shall 
     include but not be limited to coal, natural gas, electricity, 
     biofuels, crude oil, gasoline, propane, distillates, and 
     other hydrocarbons) either individually or in a fiduciary 
     capacity.
       ``(ii) Financial entity end user.--

       ``(I) In general.--The term `financial entity end user' 
     means any person predominately engaged in activities that are 
     financial in nature, as determined by the Commission.
       ``(II) Exclusions.--The term `financial entity end user' 
     does not include--

       ``(aa) any person who is a swap dealer, security-based swap 
     dealer, major swap participant, major security-based swap 
     participant;
       ``(bb) an investment fund that would be an investment 
     company (as defined in section 3 of the Investment Company 
     Act o f 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7) 
     of section 3(c) of that Act (15 U.S.C. 80a-3(c)); and is not 
     a partnership or other entity or any subsidiary that is 
     primarily invested in physical assets (which shall include 
     but not be limited to commercial real estate) directly or 
     through interests in partnerships or limited liability 
     companies that own such assets;
       ``(cc) entities defined in section 1303(20) of the Federal 
     Housing Enterprises Financial Safety and Soundness Act of 
     1992 (12 U.S.C. 4502(20));
       ``(dd) a commodity pool; or
       ``(ee) a commercial end user.
       ``(B) End user clearing exemption.--
       ``(i) In general.--Subject to clause (ii), in the event 
     that a swap is subject to the mandatory clearing requirement 
     under paragraph (2), and 1 of the counterparties to the swap 
     is a commercial end user or a financial entity end user, that 
     counterparty--

       ``(I)(aa) may elect not to clear the swap, as required 
     under paragraph (2); or
       ``(bb) may elect, prior to entering into the swap 
     transaction, to require clearing of the swap; and
       ``(II) if the end user makes an election under subclause 
     (I)(bb), shall have the sole right to select the derivatives 
     clearing organization at which the swap will be cleared.

       ``(ii) Limitation.--A commercial end user or a financial 
     entity end user may only make an election under clause (i) if 
     the end user is using the swap to hedge commercial risk, 
     including operating risk and balance sheet risk.
       ``(C) Treatment of affiliates.--
       ``(i) In general.--An affiliate of a commercial end user 
     (including affiliate entities predominantly engaged in 
     providing financing for the purchase of merchandise or 
     manufactured goods of the commercial end user) or a financial 
     entity end user may make an election under subparagraph 
     (B)(i) only if the affiliate uses the swap to hedge or 
     mitigate the commercial risk, including operating risk and 
     balance sheet risk, of the commercial end user or the 
     financial entity end user or other affiliate of the 
     commercial end user or financial entity end user.
       ``(ii) Prohibition relating to certain affiliates.--An 
     affiliate of a commercial end user or a financial entity end 
     user shall not use the exemption under subparagraph (B) if 
     the affiliate is--

       ``(I) a swap dealer;
       ``(II) a security-based swap dealer;
       ``(III) a major swap participant;
       ``(IV) a major security-based swap participant;
       ``(V) an investment fund that would be an investment 
     company (as defined in section 3 of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7) 
     of section 3(c) of that Act (15 U.S.C. 80a-3(c)); and is not 
     a partnership or other entity or any subsidiary that is 
     primarily invested in physical assets (which shall include 
     but not be limited to commercial real estate) directly or 
     through interests in partnerships or limited liability 
     companies that own such assets; or
       ``(VI) a commodity pool.

       ``(D) Abuse of exemption.--The Commission may prescribe 
     such rules or issue interpretations of the rules as the 
     Commission determines to be necessary to prevent abuse of the 
     exemption described in subparagraph (B). The Commission may 
     also request information from those entities claiming the 
     clearing exemption as necessary to prevent abuse of the 
     exemption described in subparagraph (B).
       ``(4) Required reporting.--Each swap that is not cleared by 
     any derivatives clearing organization shall be reported 
     either to a registered swap repository described in section 
     21 or, if there is no repository that would accept the swap, 
     to the Commission pursuant to section 4r.
       ``(5) Transition rules.--
       ``(A) Reporting transition rules.--The Commission shall 
     provide for the reporting of data, as follows:
       ``(i) Swaps entered into before date of enactment of this 
     subsection.--Swaps entered into before the date of the 
     enactment of this subsection shall be reported to a 
     registered swap repository or the Commission not later than 
     180 days after the effective date of this subsection.
       ``(ii) Swaps entered into on or after date of enactment of 
     this subsection.--Swaps entered into on or after such date of 
     enactment shall be reported to a registered swap repository 
     or the Commission not later than such time period as the 
     Commission prescribe.
       ``(B) Clearing transition rules.--Swaps entered into before 
     the effective date of any requirement under paragraph (2)(C) 
     are exempt from the clearing requirements of this subsection.
       ``(6) Reporting obligations.--
       ``(A) Swaps in which only 1 counterparty is a swap dealer 
     or major swap participant.--With respect to a swap in which 
     only 1 counterparty is a swap dealer or major swap 
     participant, the swap dealer or major swap participant shall 
     report the swap as required under paragraphs (4) and (5).
       ``(B) Swaps in which 1 counterparty is a swap dealer and 
     the other a major swap participant.--With respect to a swap 
     in which 1 counterparty is a swap dealer and the other a 
     major swap participant, the swap dealer shall report the swap 
     as required under paragraphs (4) and (5).
       ``(C) Other swaps.--With respect to any other swap not 
     described in subparagraph (A) or (B), the counterparties to 
     the swap shall select a counterparty to report the swap as 
     required under paragraphs (4) and (5).
       ``(7) Trade execution.--
       ``(A) In general.--With respect to transactions involving 
     swaps subject to the clearing requirement established under 
     paragraph (2), counterparties shall--
       ``(i) execute the transaction on a board of trade 
     designated as a contract market under section 5; or
       ``(ii) execute the transaction on a swap execution facility 
     registered under section 5h or a swap execution facility that 
     is exempt from registration under section 5h(f).
       ``(B) Exception.--The requirements of clauses (i) and (ii) 
     of subparagraph (A) shall not apply if no board of trade or 
     swap execution facility makes the swap available to trade or 
     in the case of a swap transaction for which a commercial end 
     or financial entity user opts to use the clearing exemption 
     under paragraph (3).
       ``(8) Required exemption.--The Commission shall exempt a 
     swap from the requirements of this subsection and any rules 
     issued under this subsection, if no derivatives clearing 
     organization registered under this Act or no derivatives 
     clearing organization that is exempt from registration under 
     section 5b(j) will accept the swap from clearing.''.

[[Page 8349]]


                                 ______
                                 
  SA 4062. Mr. WARNER 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 1204, line 25, strike ``or'' and all that follows 
     through page 1205, line 4 and insert the following:
       (ii) time or space for an advertisement for a consumer 
     financial product or service through print, newspaper, or 
     electronic media;
       (iii) information products or services for identity 
     authentication, fraud, or identity theft detection, 
     prevention, or investigation, or anti-money laundering 
     activities, unless such products or services are regulated 
     under the Bank Service Company Act (12 U.S.C. 1861 et seq.); 
     or
       (iv) public records information or document retrieval or 
     delivery services, unless such products or services are 
     regulated under the Bank Service Company Act (12 U.S.C. 1861 
     et seq.).

                          ____________________




                           NOTICE OF HEARING


                 committee on rules and administration

  Mr. SCHUMER. Mr. President, I wish to announce that the Committee on 
Rules and Administration will meet on Wednesday, May 19, 2010, at 10 
a.m., to hear testimony on hearing entitled ``Examining the Filibuster: 
The Filibuster Today and Its Consequences.''
  For further information regarding this meeting, please contact Lynden 
Armstrong at the Rules and Administration Committee on 202-224-6352.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


        committee on homeland security and governmental affairs

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Committee on Homeland Security and Governmental Affairs be authorized 
to meet during the session of the Senate on May 17, 2010, at 2:30 p.m. 
to conduct a hearing entitled ``Gulf Coast Catastrophe: Assessing the 
Nation's Response to the Deepwater Horizon Oil Spill.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


        committee on homeland security and governmental affairs

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Committee on Homeland Security and Governmental Affairs be authorized 
to meet during the session of the Senate May 17, 2010, at 5:30 p.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




           RECOGNIZING NATIONAL FOSTER CARE MONTH CHALLENGES

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 533, submitted early 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 533) recognizing National Foster Care 
     Month as an opportunity to raise awareness about the 
     challenges of children in the foster care system and 
     encouraging Congress to implement policy to improve the lives 
     of children in the foster care system.

  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 that any 
statements related to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 533) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 533

       Whereas all children deserve a safe, loving, and permanent 
     home;
       Whereas approximately 500,000 children in the United States 
     live in foster care each year;
       Whereas children enter the foster care system for a variety 
     of reasons, including inadequate care, abuse, or neglect by a 
     parent or guardian;
       Whereas the major factors that contribute to the placement 
     of a child in the foster care system include substance abuse, 
     mental illness, poverty, and a lack of education of a parent 
     or guardian of the child;
       Whereas a child entering the foster care system must 
     confront the widespread misperception that children in foster 
     care are disruptive, unruly, and dangerous, even though 
     placement in the foster care system is based on the actions 
     of a parent or guardian, not the child;
       Whereas States and communities should be provided with the 
     resources to invest in preventative and reunification 
     services and post-permanency programs to ensure that more 
     children in the foster care system are provided safe, loving, 
     permanent placements;
       Whereas the foster care system is intended to be a 
     temporary solution, yet children remain in the foster care 
     system for an average of 3 years;
       Whereas children of color are disproportionately 
     represented in the foster care system and are less likely to 
     be reunited with their biological families;
       Whereas the average child in the foster care system--
       (1) is 10 years old; and
       (2) will be placed in 3 different homes, leading to 
     disruptive transfers to new schools, separation from 
     siblings, and unfamiliar surroundings;
       Whereas most children ``age out'' of the foster care system 
     at the age of 18;
       Whereas the number of children who enter the foster care 
     system each year has declined over the decade preceding the 
     date of the agreement to this resolution, but the number of 
     children who ``age out'' of the foster care system without 
     placement with a permanent family has increased 
     substantially, rising from 20,000 children in 2002 to 29,000 
     children in 2008;
       Whereas children who ``age out'' of the foster care system 
     lack the security or support of a biological or adoptive 
     family and frequently struggle to secure affordable housing, 
     obtain health insurance, pursue higher education, and acquire 
     adequate employment;
       Whereas, of the children who have ``aged out'' of the 
     foster care system--
       (1) 25 percent have been homeless;
       (2) 51 percent have been unemployed for significant stretch 
     of time, and
       (3) only 2 percent have obtained a bachelor's degree or 
     higher;
       Whereas, by age 19, approximately 50 percent of young women 
     who have been in the foster care system have been pregnant, 
     compared to only 20 percent of young women who have been not 
     in the foster care system;
       Whereas research reveals that children born to teen parents 
     are exposed to serious and high risks;
       Whereas National Foster Care Month is an opportunity to 
     raise awareness about the special needs of children in the 
     foster care system and to recognize the important role that 
     foster parents, social workers, and advocates have in the 
     lives of children in foster care throughout the United 
     States;
       Whereas the Fostering Connections to Success and Increasing 
     Adoptions Act of 2008 (Public Law 110-351; 122 Stat. 3949) 
     provides for new investments and services to improve the 
     outcomes of children and families in the foster care system; 
     and
       Whereas much remains to be done to ensure that all children 
     have a safe, loving, nurturing, and permanent family, 
     regardless of age or special needs: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes National Foster Care Month as an opportunity 
     to raise awareness about the challenges of children in the 
     foster care system;
       (2) encourages Congress to implement policy to improve the 
     lives of children in the foster care system;
       (3) supports the designation of a ``National Foster Care 
     Month'';
       (4) acknowledges the needs of the children in the foster 
     care system;
       (5) honors the commitment and dedication of those 
     individuals who work tirelessly to provide assistance and 
     services to children in the foster care system; and
       (6) recognizes the need to continue working to improve the 
     outcomes of all children in the foster care system through 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
     and other programs designed to help children in the foster 
     care system--
       (A) reunite with their biological parents; or
       (B) if the children cannot be reunited with their 
     biological parents, find permanent, safe, and loving homes.

                          ____________________




                    ORDERS FOR TUESDAY, MAY 18, 2010

  Mr. DODD. Mr. President, I ask unanimous consent that when the Senate 
completes its business today, it adjourn until 10 a.m. on Tuesday, May 
18;

[[Page 8350]]

that following the prayer and the pledge, the Journal of proceedings be 
approved to date, the morning hour be deemed 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 for 1 hour, with Senators 
permitted to speak therein for up to 10 minutes each, with the time 
equally divided and controlled between the two leaders or their 
designees, with the majority controlling the first half and the 
Republicans controlling the final half; that following morning 
business, the Senate resume consideration of S. 3217, Wall Street 
reform, as provided under the previous order; that the Senate recess 
from 12:30 until 2:15 p.m. for the weekly caucus luncheons; that the 
filing deadline for first-degree amendments be 12 noon tomorrow. 
Finally, I ask unanimous consent that the mandatory quorums under rule 
XXII be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. DODD. Mr. President, under the previous order, there will be at 
least one rollcall vote at approximately 11:45 a.m. That will be in 
relation to the Gregg amendment No. 4051.

                          ____________________




                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  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 7:55 p.m., adjourned until 
Tuesday, May 18, 2010, at 10 a.m.

                          ____________________




                              NOMINATIONS

  Executive nomination received by the Senate:


                    DEPARTMENT OF HOMELAND SECURITY

       JOHN S. PISTOLE, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY 
     OF HOMELAND SECURITY, VICE EDMUND S. HAWLEY, RESIGNED.
     
     
     


[[Page 8351]]

                          EXTENSIONS OF REMARKS
                          ____________________


                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Tuesday, May 18, 2010 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                 MAY 19
     9:30 a.m.
       Energy and Natural Resources
         To hold hearings to examine the proposed Constitution of 
           the U.S. Virgin Islands, S. 2941, to provide 
           supplemental ex gratia compensation to the Republic of 
           the Marshall Islands for impacts of the nuclear testing 
           program of the United States, H.R. 3940, to amend 
           Public Law 96-597 to clarify the authority of the 
           Secretary of the Interior to extend grants and other 
           assistance to facilitate political status public 
           education programs for the peoples of the non-self-
           governing territories of the United States, and H.R. 
           2499, to provide for a federally sanctioned self-
           determination process for the people of Puerto Rico.
                                                            SD-366
       Veterans' Affairs
         To hold hearings to examine S. 1780, to amend title 38, 
           United States Code, to deem certain service in the 
           reserve components as active service for purposes of 
           laws administered by the Secretary of Veterans Affairs, 
           S. 1866, to amend title 38, United States Code, to 
           provide for the eligibility of parents of certain 
           deceased veterans for interment in national cemeteries, 
           S. 1939, to amend title 38, United States Code, to 
           clarify presumptions relating to the exposure of 
           certain veterans who served in the vicinity of the 
           Republic of Vietnam, S. 1940, to require the Secretary 
           of Veterans Affairs to carry out a study on the effects 
           on children of exposure of their parents to herbicides 
           used in support of the United States and allied 
           military operations in the Republic of Vietnam during 
           the Vietnam era, S. 2751, to designate the Department 
           of Veterans Affairs medical center in Big Spring, 
           Texas, as the George H. O'Brien, Jr., Department of 
           Veterans Medical Center, S. 3035, to require a report 
           on the establishment of a Polytrauma Rehabilitation 
           Center or Polytrauma Network Site of the Department of 
           Veterans Affairs in the northern Rockies or Dakotas, S. 
           3107, to amend title 38 , United States Code, to 
           provide for an increase, effective December 1, 2010, in 
           the rates of compensation for veterans with service-
           connected disabilities and the rates of dependency and 
           indemnity compensation for the survivors of certain 
           disabled veterans, S. 3192, to amend title 38, United 
           States Code, to provide for the tolling of the timing 
           of review for appeals of final decisions of the Board 
           of Veterans' Appeals, S. 3234, to improve employment, 
           training, and placement services furnished to veterans, 
           especially those serving in Operation Iraqi Freedom and 
           Operation Enduring Freedom, S. 3286, to require the 
           Secretary of Veterans Affairs to carry out a pilot 
           program on the award of grants to State and local 
           government agencies and nonprofit organizations to 
           provide assistance to veterans with their submittal of 
           claims to the Veterans Benefits Administration, S. 
           3314, to require the Secretary of Veterans Affairs and 
           the Appalachian Regional Commission to carry out a 
           program of outreach for veterans who reside in 
           Appalachia, S. 3325, to amend title 38, United States 
           Code, to authorize the waiver of the collection of 
           copayments for telehealth and telemedicine visits of 
           veterans, S. 3330, to amend title 38, United States 
           Code, to make certain improvements in the 
           administration of medical facilities of the Department 
           of Veterans Affairs, S. 3348, to amend title 38, United 
           States Code, to provide for the treatment of documents 
           that express disagreement with decisions of the Board 
           of Veterans' Appeals and that are misfiled with the 
           Board within 120 days of such decisions as motions for 
           reconsideration of such decisions, S. 3352, to amend 
           title 38, United States Code, to exempt reimbursements 
           of expenses related to accident, theft, loss, or 
           casualty loss from determinations of annual income with 
           respect to pensions for veterans and surviving spouses 
           and children of veterans, S. 3355, to provide for an 
           Internet website for information on benefits, resource, 
           services, and opportunities for veterans and their 
           families and caregivers, S. 3367, to amend title 38, 
           United States Code, to increase the rate of pension for 
           disabled veterans who are married to one another and 
           both of whom require regular aid and attendance, S. 
           3368, to amend title 38, United States Code, to 
           authorize certain individuals to sign claims filed with 
           the Secretary of Veterans Affairs on behalf of 
           claimants, and S. 3370, to amend title 38, United 
           States Code, to improve the process by which an 
           individual files jointly for social security and 
           dependency and indemnity compensation.
                                                            SR-418
     10 a.m.
       Foreign Relations
         To hold hearings to examine empowering Haiti to rebuild 
           better.
                                                            SD-419
       Judiciary
         To hold hearings to examine renewing America's commitment 
           to the refugee convention, focusing on the Refugee 
           Protection Act of 2010.
                                                            SD-226
       Rules and Administration
         To resume hearings to examine the filibuster, focusing on 
           the filibuster today and its consequences.
                                                            SR-301
       Small Business and Entrepreneurship
         To hold hearings to examine the nomination of Marie 
           Collins Johns, of the District of Columbia, to be 
           Deputy Administrator of the Small Business 
           Administration.
                                                           SR-428A
     11 a.m.
       Small Business and Entrepreneurship
         To hold hearings to examine the Small Business 
           Administration (SBA) Disaster Assistance Program and 
           the impact of the Deepwater Horizon oil spill on small 
           businesses.
                                                           SR-428A
     2:30 p.m.
       Commerce, Science, and Transportation
         To hold hearings to examine S. 3302, to amend title 49, 
           United States Code, to establish new automobile safety 
           standards, make better motor vehicle safety information 
           available to the National Highway Traffic Safety 
           Administration and the public.
                                                            SR-253
       Foreign Relations
         To hold hearings to examine the history and lessons of 
           the Strategic Arms Reduction Treaty (START).
                                                            SD-419
       Energy and Natural Resources
       National Parks Subcommittee
         To hold hearings to examine S. 349, to establish the 
           Susquehanna Gateway National Heritage Area in the State 
           of Pennsylvania, S. 1596, to authorize the Secretary of 
           the Interior to acquire the Gold Hill Ranch in Coloma, 
           California, S. 1651, to modify a land grant patent 
           issued by the Secretary of the Interior, S. 1750, to 
           authorize the Secretary of the Interior to conduct a 
           special resource study of the General of the Army 
           George Catlett Marshall National Historic Site at 
           Dodona Manor in Leesburg, Virginia, S. 1801, to 
           establish the First State National Historical Park in 
           the State of Delaware, S. 1802 and H.R. 685, bills to 
           require the Secretary of the Interior to conduct a 
           special resource study regarding the proposed United 
           States Civil Rights Trail, S. 2953 and H.R. 3388, bills 
           to modify the boundary of Petersburg National

[[Page 8352]]

           Battlefield in the Commonwealth of Virginia, S. 2976, 
           to designate as wilderness certain land and inland 
           water within the Sleeping Bear Dunes National Lakeshore 
           in the State of Michigan, S. 3159 and H.R. 4395, bills 
           to revise the boundaries of the Gettysburg National 
           Military Park to include the Gettysburg Train Station, 
           S. 3168, to authorize the Secretary of the Interior to 
           acquire certain non-Federal land in the State of 
           Pennsylvania for inclusion in the Fort Necessity 
           National Battlefield, and S. 3303, to establish the 
           Chimney Rock National Monument in the State of 
           Colorado.
                                                            SD-366
     3:30 p.m.
       Appropriations
       Transportation, Housing and Urban Development, and Related 
           Agencies Subcommittee
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2011 for the Washington 
           Metropolitan Area Transit Authority (Metro).
                                                            SD-138

                                 MAY 20
     9:30 a.m.
       Energy and Natural Resources
         To hold hearings to examine S. 2921, to provide for the 
           conservation, enhanced recreation opportunities, and 
           development of renewable energy in the California 
           Desert Conservation Area, to require the Secretary of 
           the Interior to designate certain offices to serve as 
           Renewable Energy Coordination Offices for coordination 
           of Federal permits for renewable energy projects and 
           transmission lines to integrate renewable energy 
           development.
                                                            SD-366
       Environment and Public Works
         Business meeting to consider S. 3362, to amend the Clean 
           Air Act to direct the Administrator of the 
           Environmental Protection Agency to provide competitive 
           grants to publicly funded schools to implement 
           effective technologies to reduce air pollutants (as 
           defined in section 302 of the Clean Air Act), including 
           greenhouse gas emissions, in accordance with that Act, 
           S. 3250, to provide for the training of Federal 
           building personnel, S. 3372, to modify the date on 
           which the Administrator of the Environmental Protection 
           Agency and applicable States may require permits for 
           discharges from certain vessels, S. 3363, to amend the 
           Water Resources Research Act of 1984 to reauthorize 
           grants for and require applied water supply research 
           regarding the water resources research and technology 
           institutes established under that Act, S. 3374, to 
           amend the Comprehensive Environmental Response, 
           Compensation, and Liability Act of 1980 to establish a 
           grant program to revitalize brownfield sites for the 
           purpose of locating renewable electricity generation 
           facilities on those sites, S. 3373, to address the 
           health and economic development impacts of 
           nonattainment of federally mandated air quality 
           standards in the San Joaquin Valley, California, by 
           designating air quality empowerment zones, H.R. 4275, 
           to designate the annex building under construction for 
           the Elbert P. Tuttle United States Court of Appeals 
           Building in Atlanta, Georgia, as the ``John C. Godbold 
           Federal Building'', S. 3248, to designate the 
           Department of the Interior Building in Washington, 
           District of Columbia, as the ``Stewart Lee Udall 
           Department of the Interior Building'', an original bill 
           entitled, ``Pollution and Costs Reduction Act'', and a 
           proposed resolution relating to the General Services 
           Administration.
                                                            SD-406
       Foreign Relations
         To hold hearings to examine the North Atlantic Treaty 
           Organization (NATO), focusing on a report of the group 
           of experts.
                                                            SD-419
     10 a.m.
       Judiciary
         Business meeting to consider S. 193, to create and extend 
           certain temporary district court judgeships, H.R. 4506, 
           to authorize the appointment of additional bankruptcy 
           judges, H.R. 1933, 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 the 
           nominations of Robert Neil Chatigny, of Connecticut, to 
           be United States Circuit Judge for the Second Circuit, 
           John A. Gibney, Jr., to be United States District Judge 
           for the Eastern District of Virginia, and Stephanie A. 
           Finley, to be United States Attorney for the Western 
           District of Louisiana, Scott Jerome Parker, to be 
           United States Marshal for the Eastern District of North 
           Carolina, and Darryl Keith McPherson, to be United 
           States Marshal for the Northern District of Illinois, 
           all of the Department of Justice.
                                                            SD-226
       Appropriations
       Military Construction and Veterans Affairs, and Related 
           Agencies Subcommittee
       Transportation, Housing and Urban Development, and Related 
           Agencies Subcommittee
         To hold joint hearings to examine the progress in ending 
           veterans' homelessness.
                                                            SD-124
       Banking, Housing, and Urban Affairs
       Securities, Insurance and Investment Subcommittee
         To hold hearings to examine the causes and lessons of the 
           May 6th market plunge.
                                                            SD-538
     10:30 a.m.
       Homeland Security and Governmental Affairs
       Contracting Oversight Subcommittee
         To hold hearings to examine counternarcotics contracts in 
           Latin America.
                                                            SD-342
     2 p.m.
       Appropriations
       Labor, Health and Human Services, Education, and Related 
           Agencies Subcommittee
         To hold hearings to examine investing in mine safety, 
           focusing on preventing another disaster.
                                                            SD-106
     2:30 p.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the nomination of Carl 
           Wieman, of Colorado, to be an Associate Director of the 
           Office of Science and Technology Policy.
                                                            SR-253
       Finance
       Energy, Natural Resources, and Infrastructure Subcommittee
         To hold hearings to examine clean technology 
           manufacturing competitiveness, focusing on the role of 
           tax incentives.
                                                            SD-215
       Appropriations
       Financial Services and General Government Subcommittee
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2011 for the Federal 
           Trade Commission.
                                                            SD-192
       Homeland Security and Governmental Affairs
       Oversight of Government Management, the Federal Workforce, 
           and the District of Columbia Subcommittee
         To hold hearings to examine efforts to right-size the 
           Federal employee-to-contractor mix.
                                                            SD-342
       Intelligence
         To hold closed hearings to consider certain intelligence 
           matters.
                                                            SH-219

                                 MAY 25
     9 a.m.
       Armed Services
       Airland Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222
     10:30 a.m.
       Armed Services
       Readiness and Management Support Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222
     2 p.m.
       Armed Services
       Emerging Threats and Capabilities Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222
     2:30 p.m.
       Commission on Security and Cooperation in Europe
         To hold hearings to examine Holocaust era assets after 
           the Prague conference.
                                                           SR-428A
     3 p.m.
       Homeland Security and Governmental Affairs
       State, Local, and Private Sector Preparedness and 
           Integration Subcommittee
         To hold hearings to examine assessing the effects of the 
           Deepwater Horizon oil spill on states, localities and 
           the private sector.
                                                            SD-342

[[Page 8353]]

     3:30 p.m.
       Armed Services
       Strategic Forces Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222
     5 p.m.
       Armed Services
       Personnel Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222

                                 MAY 26
     9:30 a.m.
       Agriculture, Nutrition, and Forestry
         To hold hearings to examine the nominations of Elisabeth 
           Ann Hagen, of Virginia, to be Under Secretary for Food 
           Safety, and Catherine E. Woteki, of the District of 
           Columbia, to be Under Secretary for Research, 
           Education, and Economics, both of the Department of 
           Agriculture, and Sara Louise Faivre-Davis, of Texas, 
           Lowell Lee Junkins, of Iowa, and Myles J. Watts, of 
           Montana, all to be a Member of the Board of Directors 
           of the Federal Agricultural Mortgage Corporation, Farm 
           Credit Administration.
                                                           SR-328A
       Armed Services
       SeaPower Subcommittee
         Closed business meeting to markup those provisions which 
           fall under the subcommittee's jurisdiction of the 
           proposed National Defense Authorization Act for fiscal 
           year 2011.
                                                            SR-222
     10 a.m.
       Indian Affairs
         To hold hearings to examine the nomination of Tracie 
           Stevens, of Washington, to be Chairman of the National 
           Indian Gaming Commission.
                                                            SD-628
     2:30 p.m.
       Armed Services
         Closed business meeting to markup the proposed National 
           Defense Authorization Act for fiscal year 2011.
                                                            SR-222

                                 MAY 27
     9:30 a.m.
       Armed Services
         Closed business meeting to markup the proposed National 
           Defense Authorization Act for fiscal year 2011.
                                                            SR-222
     10 a.m.
       Health, Education, Labor, and Pensions
         To hold hearings to examine building a secure future for 
           multiemployer pension plans.
                                                            SD-430

                                 MAY 28
     9:30 a.m.
       Armed Services
         Closed business meeting to markup the proposed National 
           Defense Authorization Act for fiscal year 2011.
                                                            SR-222

                                JUNE 16
     9:30 a.m.
       Veterans' Affairs
         To hold hearings to examine veterans' claims processing, 
           focusing on if current efforts are working.
                                                            SR-418

                             POSTPONEMENTS

                                 MAY 19
     10 a.m.
       Health, Education, Labor, and Pensions
       Children and Families Subcommittee
         To hold hearings to examine the state of American 
           children.
                                                            SD-430