To amend the deficit-neutral reserve fund for climate change legislation to require that such legislation does not increase electricity or gasoline prices.

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. UDALL, of Colorado (for himself and Mr. Bennet):
S. 555. A bill to provide for the exchange of certain land located in
the Arapaho-Roosevelt National Forests in the State of Colorado, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. UDALL. Mr. President, today I am introducing the Sugar Loaf Fire
Station Land Exchange Act of 2009.
This bill is the same as the version I introduced in the House of
Representatives in the last Congress, H.R. 3181. It will facilitate a
fair exchange of lands on the Arapaho-Roosevelt National Forest near
Boulder, CO., between the Forest Service and the Sugar Loaf Fire
District. The Fire District is seeking this exchange so that they can
maintain and upgrade their fire stations serving the Sugar Loaf
community and other nearby communities and properties--areas that are
in the wildland/urban interface and thus at risk of wildfires. In fact,
these fire stations serve the area that was burned in the Black Tiger
Fire in 1989. That fire was the motivation for the Sugar Loaf community
to invest more strongly in fire protection. The Fire District has grown
a lot over the years, and will be celebrating its 40th anniversary this
August.
The bill relates to two fire stations. The Fire District acquired
station 1 through an original mining claim under the 1872 mining laws.
In 1967, a public meeting was held on this property to establish a fire
district and modify the old school building on the site into a
firehouse to hold a fire truck and other firefighting equipment. On May
14, 1969, the U.S. Forest Service approved a special use permit, which
allowed the fire department to use both the firehouse and approximately
5 acres of the property under it. The special use permit was reissued
on August 11, 1994, with a life of 10 years.
In 1970, the fire department applied for a special use permit to
operate and maintain a second firehouse--station 2--on Sugar Loaf Road.
The original permit was approved of in 1970, and had an expiration date
of December 31, 1991. The permit boundary included 2 acres.
The special use permit issued in 1994 combined the two permits for
stations 1 and 2 into one. The new permit for station 2 reduced the
permit area to one acre, because the area of impact and existing
improvements did not exceed one acre.
The Fire District entered into discussions with the Forest Service
about a land swap. In August 1997, the Fire District filed an
application to acquire the property under stations 1 and 2 pursuant to
the Small Tracts Act, STA. The STA allows for transfers of small
mineral fractions by the sale of property for market value, or by the
exchange of properties of nearly equal value. The application proposed
trading a mining claim surrounded by National Forest, for approximately
3 acres under station 1 and 1.5 acres under station 2.
The Fire District worked in good faith to comply with the STA. In
November 2002, officials from the Fire District met with officials from
the Forest Service. Upon review of the STA application, the Forest
Service concluded that the parcel under station 2 did not qualify for a
land exchange and that the Fire District would have to pursue a new
special use permit for the property under station 2. As a result, the
Fire District is interested in securing ownership of the land under
these stations through this exchange legislation.
The Fire District has occupied and operated these fire stations on
these properties for over 30 years. If they can secure ownership, the
lands will continue to be used as sites for fire stations. The Fire
District has made a strong, persistent, good faith effort to acquire
the land under the stations through administrative means and has
demonstrated its sincere commitment to this project by expending its
monetary resources and the time of its staff to satisfy the
requirements set forth by the Forest Service.
However, those efforts have not succeeded and it has become evident
that legislation is required to resolve the situation.
The Fire District is willing to trade the property it owns for the
property under the stations. However, the Fire District is firm in its
position that it wants land under both stations, and that the amount of
land must be adequate to satisfy both its current and anticipated
needs.
Under the bill, the land exchange will proceed if the Fire District
offers to convey acceptable title to a specified parcel of land
amounting to about 5.17 acres in an unincorporated part of Boulder
County within National Forest boundaries between the communities of
Boulder and Nederland. In return, the land--about 5.08 acres--where the
two fire stations are located will be transferred to the Fire District.
The lands transferred to the Federal government will become part of
the Arapaho-Roosevelt National Forest and managed accordingly.
The bill provides that the Forest Service shall determine the values
of all lands involved through appraisals in accordance with Federal
standards. If the lands conveyed by the Fire District are not equal in
value to the lands where the fire stations are located, the Fire
District will make a cash payment to make up the difference. If the
lands being conveyed to the Federal government are worth more than the
lands where the fire stations are located, the Forest Service can
equalize values by reducing the lands it receives or by paying to make
up the difference or by a combination of both methods. The bill
requires the Fire District to pay for the appraisals and any necessary
land surveys.
The bill permits the Fire District to modify the fire stations
without waiting for completion of the exchange if the Fire District
holds the Federal government harmless for any liability arising from
the construction work and indemnifies the Federal Government against
any costs related to the construction or other activities on the lands
before they are conveyed to the Fire District.
This is a relatively minor bill but one that is important to the Fire
District and the people it serves. I think it deserves enactment
without unnecessary delay.
______

By Mr. REID (for Mr. Kennedy (for himself, Mr. Harkin, Mr. Dodd,
Ms. Mikulski, Mrs. Murray, Mr. Reed, Mr. Sanders, Mr. Brown,
Mr. Casey, Mr. Merkley, Mr. Byrd, Mr. Inouye, Mr. Leahy, Mr.
Levin, Mr. Kerry, Mr. Rockefeller, Mr. Reid, Mr. Lieberman, Mr.
Akaka, Mrs. Boxer, Mr. Feingold, Mr. Wyden, Mr. Durbin, Mr.
Johnson, Mr. Schumer, Mr. Nelson of Florida, Mr. Carper, Ms.
Stabenow, Ms. Cantwell, Mr. Lautenberg, Mr. Menendez, Mr.
Cardin, Ms. Klobuchar, Mr. Whitehouse, Mr. Udall of New Mexico,
Mrs. Shaheen, Mr. Begich, Mr. Burris, Mr. Kaufman, and Mrs.
Gillibrand)):
S. 560. A bill to amend the National Labor Relations Act to
establish an efficient system to enable employees to form, join, or
assist labor organizations, to provide for mandatory injunctions for
unfair labor practices during the organizing efforts, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. We are facing a profound economic crisis, the likes of
which we have not seen since the Great Depression. Countless working
families who were already living on the edge of financial disaster have
been hit hard, and they have nothing to fall back on. Their faith in
the American dream has been replaced by fear for their families and
their future.

[[Page S2967]]

We have already taken some much-needed actions to put our country
back on track, but more needs to be done. In these perilous times,
working families need security. They need new skills and new
opportunities. And they need a voice in the decisions that will affect
their families and their futures.
Now more than ever, workers need someone on their side, fighting for
them. Now more than ever, they need unions. Unions were fundamental in
building America's middle class, and they have a vital role to play
today in restoring the American dream for working families.
First and foremost, unions enable workers to obtain their fair share
of the benefits that their hard work creates. Union wages are 30
percent higher than nonunion wages. Eighty percent of union workers
have health insurance, compared to only 49 percent of their nonunion
counterparts. Union members are four times more likely to have a
guaranteed pension.
Equally important in this crisis, unions provide greater security and
greater promise of fair treatment. At a time when workers who lose
their jobs can remain unemployed for a year or more, those who are
represented by a union have better job security and the assurance of
knowing they will have a voice at the table when difficult decisions
are made.
It is little wonder that so many Americans want a union on their
side. In a recent survey, more than half of all nonunion workers--
nearly 60 million men and women--say they would join a union if they
could.
The problem is that most workers who want a union can't get one.
Those who attempt to exercise this fundamental right often find that
the current system is rigged against them.
Unscrupulous employers routinely break the law to keep unions out.
They fire union supporters. They intimidate workers, harass them, and
discriminate against them. They close down whole departments--or even
entire plants--to avoid a union. A recent study by the Center for
Economic and Policy Research found that union supporters are fired in
more than one quarter of all union organizing campaigns.
Even when workers prevail in a union election, employers can steal
the victory by refusing to bargain fairly for the first union contract.
They drag their feet, delay bargaining, and use a variety of other
tactics to prevent an agreement. One study found that in more than a
third of hard-won union elections, workers are denied a contract
because of employers' delaying tactics.
Many of these abuses by employers are illegal, but employers have no
incentive to change their behavior. The penalties for violating
workers' rights are so weak that they simply become a minor cost of
doing business.
Obviously, not all employers see unions as the enemy. Many successful
companies have allowed their workers to organize without threats or
dirty tricks. They have formed strong partnerships with their
employees, and they have prospered. But these individual good examples
are not enough to solve the problem. We need to deal with the bad
actors. We need to stop the lawbreaking that has become alarmingly
common and provide stronger protections for workers' rights.
That is why we need the Employee Free Choice Act. This important
legislation will give American workers the real freedom to choose a
union without fear of threats or intimidation.
First, the bill gives workers two possible ways to choose whether
they want a union. They can rely on an election, or--if they fear
intimidation from their employer during the election process--they can
use a process called majority sign-up, which enables workers to choose
whether they want a union by deciding whether to sign their name on a
card calling for a union.
Majority sign-up has always been a valid way to form a union. Since
2003, more than half a million private sector workers have formed a
union through this efficient and democratic process.
The problem is that under current law, workers may use the majority
sign-up process only if their employer agrees. That is not fair.
Workers--not their bosses--should get to choose how they make the
important decision about whether they want union representation. The
Employee Free Choice Act puts this choice in workers' hands.
Second, the bill ensures that workers who choose a union will have a
fair process for getting a first contract. It provides that if the
union and the employer don't reach a contract within 90 days, either
side can seek mediation from the Federal Mediation and Conciliation
Service. The agency has provided collective bargaining mediation
services--including mediation of first contract negotiations--for more
than 50 years, and it has an 86 percent success rate.
In the rare instance when the mediation process fails, the bill
provides for binding arbitration, which will be handled by a panel of
highly qualified arbitrators who have long experience in developing
contract provisions that are fair to both sides. This type of
arbitration is a tried-and-true method of resolving contract disputes
that is already used in the rail and airline industries, and for public
sector workers in at least 25 States.
Finally, the Employee Free Choice Act improves remedies for workers
who face discrimination or retaliation when they seek to organize or
obtain a first contract. Under the bill, employers will no longer be
able to violate the law with impunity and write off the insignificant
penalties as a minor cost of doing business. The act takes away these
perverse incentives for employers to break the law by increasing the
remedies for workers, and by imposing new penalties on employers who
act illegally during organizing campaigns or first-contract bargaining.
These important changes will put real teeth in the law, and give
employers a financial reason to respect workers' rights.
With these basic reforms, the Employee Free Choice Act will fix the
current broken system and level the economic playing field for millions
of American workers. It will help them obtain real, tangible benefits
that will make a difference in their lives and in the lives of their
families.
By restoring fairness to the American workplace, and strengthening
the voice of American workers, we can rebuild the land of opportunity--
a land with good jobs, fair wages, and fair benefits that can support a
family. We can revitalize the American middle class and restore the
American dream. I urge all of my colleagues to support this important
legislation and help put working families back on the path to
prosperity.
______

By Mr. NELSON, of Florida (for himself, Ms. Snowe, and Ms.
Klobuchar):
S. 562. A bill to require accurate and reasonable disclosure of the
terms and conditions of prepaid telephone calling cards and services,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. NELSON of Florida. Mr. President, prepaid telephone calling cards
are used by many Americans to stay in touch with loved ones around the
country and throughout the world. Unfortunately, some providers and
distributors of these cards are scamming consumers--by imposing
undisclosed junk fees, charging exorbitant rates, and selling cards
that expire shortly after consumers start using them.
Over the past couple of years, a number of State Attorneys General
and the Federal Trade Commission have opened investigations and found
that a number of providers and distributors are engaging in unfair and
deceptive business practices. These practices include charging
customers for calls where they receive busy signals, imposing weekly
``maintenance fees'' that may take away up to 20 percent of the card's
overall value, and billing for calls in 3-minute increments.
As a result of these investigations, some companies have been fined
or have entered into consent decrees forbidding them from engaging in
some deceptive practices. In addition, some states--including Florida--
have imposed certain regulatory requirements on prepaid calling card
providers and distributors. To date, however, neither the Federal
Communications Commission nor the Federal Trade Commission has taken
any action to impose up-front nationwide consumer protection
requirements on this industry. This lack of federal standards allows
many of these unscrupulous operators to move from state to state, and
create new ``shell companies'' to escape consumer protection
regulations. This is

[[Page S2968]]

wrong, and I think we need to fix this situation.
That's why I rise today to introduce the Prepaid Calling Card
Consumer Protection Act of 2009.
The Prepaid Calling Card Consumer Protection Act of 2009 requires the
Federal Trade Commission to draft comprehensive rules requiring all
prepaid telephone calling card providers and distributors to disclose
the rates and fees associated with their calling cards up-front, at the
point of sale. It also requires providers who market their cards in
languages other than English to disclose rates and fees in that
language as well. Furthermore, the legislation requires providers to
honor the cards for at least a year after the time the card is first
used.
To enforce these disclosure requirements, the bill gives the Federal
Trade Commission, State Attorneys General, and state consumer
protection advocates the ability to sue the fraudsters who violate
these requirements in federal court. In addition, the law preserves
additional state consumer protection requirements--such as state
utility commission certification or bonding requirements.
I invite my colleagues to join with Senators Snowe, Klobuchar and
myself in supporting the Prepaid Calling Card Consumer Protection Act
of 2009. We should waste no time in ensuring that military
servicemembers, seniors, immigrants and other Americans using these
prepaid telephone calling cards are protected from bad actors in the
marketplace.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 562

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Prepaid Calling Card
Consumer Protection Act of 2009''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Fees.--
(A) In general.--The term ``fees'' means all charges, fees,
taxes, or surcharges, including connection, hang-up, service,
payphone, and maintenance charges, which may be--
(i) required by State or Federal statute or by regulation
or order of the Commission or a State; or
(ii) permitted to be assessed by a State or Federal statute
or by regulation or order of the Commission or a State.
(B) Exclusion.--The term ``fees'' does not include the
applicable per unit or per-minute rate for the particular
destination called by a consumer.
(3) International preferred destination.--The term
``international preferred destination'' means a specific
international destination named on a prepaid telephone
calling card or on the packaging material accompanying a
prepaid telephone calling card.
(4) Prepaid telephone calling card.--
(A) In general.--The terms ``prepaid telephone calling
card'' and ``card'' mean--
(i) a card or similar device that allows users to pay in
advance for a specified amount of calling, without regard to
additional features, functions, or capabilities available in
conjunction with a prepaid telephone calling service; or
(ii) any right of use purchased in advance for a sum
certain linked to an access number and authorization code
that--

(I) enables a consumer to use a prepaid telephone calling
service; and
(II) is embodied on a card or other physical object, or
purchased by an electronic or telephonic means through which
the purchaser obtains access numbers and authorization codes
that are not physically located on a card, its packaging, an
Internet website, or other promotional materials.

(B) Exclusion.--The terms ``prepaid telephone calling
card'' and ``card'' do not include cards or other rights of
use that provide access to--
(i) service provided for free, or at no additional charge
as a promotional item accompanying a product or service
purchased by a consumer; or
(ii) a wireless telecommunications service account with a
wireless service provider that the purchaser has a
preexisting relationship with or establishes a carrier
customer relationship with via the purchase of a prepaid
wireless telecommunications service handset package.
(5) Prepaid telephone calling card distributor.--
(A) In general.--The term ``prepaid telephone calling card
distributor'' means any person that--
(i) purchases prepaid telephone calling cards or services
from a prepaid telephone calling service provider; and
(ii) sells, resells, issues, or distributes prepaid
telephone calling cards to 1 or more distributors of such
cards or to 1 or more retail sellers of such cards.
(B) Exclusion.--The term ``prepaid telephone calling card
distributor'' does not include any retail merchant or seller
of prepaid telephone calling cards exclusively engaged in
point-of-sale transactions with end-user customers.
(6) Prepaid telephone calling service.--
(A) In general.--The terms ``prepaid telephone calling
service'' and ``service'' mean any real time voice
communications service, regardless of the technology or
network utilized, paid for in advance by a consumer, that
allows a consumer to originate voice telephone calls through
a local, long distance, or toll-free access number and
authorization code, whether manually or electronically
dialed.
(B) Exclusion.--The terms ``prepaid telephone calling
service'' and ``service'' do not include any service that
provides access to a wireless telecommunications service
account if the purchaser has a preexisting relationship with
the wireless service provider or establishes a carrier-
customer relationship via the purchase of a prepaid wireless
telecommunications service handset package.
(7) Prepaid telephone calling service provider.--The term
``prepaid telephone calling service provider'' means any
person providing prepaid telephone calling service to the
public using its own, or a resold, network offering real time
voice communications service regardless of the technology
utilized.
(8) Wireless telecommunications service.--The term
``wireless telecommunications service'' has the meaning given
the term ``commercial mobile service'' in section 332(d) of
the Communications Act of 1934 (47 U.S.C. 332(d)).

SEC. 3. REQUIRED DISCLOSURES OF PREPAID TELEPHONE CALLING
CARDS OR SERVICES.

(a) Required Disclosure; Rulemaking.--Not later than 180
days after the date of enactment of this Act, the Commission
shall prescribe regulations that require every prepaid
telephone calling service provider or prepaid telephone
calling card distributor to disclose the following
information relating to the material terms and conditions of
the prepaid telephone calling card or service:
(1) Information relating to domestic interstate calls.--
(A) The number of calling units or minutes of domestic
interstate calls provided by such card or service at the time
of purchase; or
(B) the dollar value of such card or service and the
domestic interstate rate per-minute provided by such card or
service at the time of purchase.
(2) Information relating to international preferred
destinations.--The applicable calling unit or per-minute
rates for each international preferred destinations served by
such card or service.
(3) Information relating to individual international
destinations.--
(A) The applicable calling unit or per-minute rates for
each individual international destinations served by such
card or service.
(B) That the applicable calling unit or per-minute rates
for each individual international destination may be obtained
through the prepaid telephone calling card provider's toll-
free customer service number and Internet website.
(C) Whether those rates fluctuate.
(4) Other material terms and conditions.--Other material
terms and conditions pertaining to the use of such card or
service, including--
(A) the amount and frequency of all fees;
(B) a description of applicable policies relating to
refund, recharge, decrement, or expiration; and
(C) limitations, if any, on the use or period of time for
which the displayed, promoted, or advertised minutes or rates
will be available to the customer.
(5) Service provider information.--Information relating to
the service provider, including--
(A) the name of the service provider;
(B) the address of such service provider, which shall be
made available on the provider's website (if any), together
with the uniform resource locator address thereof; and
(C) a toll-free telephone number that may be used to
contact the customer service department of such service
provider, together with the hours of service of the customer
service department.
(b) Clear and Conspicuous Disclosure of Required
Information and Language Requirements.--In prescribing
regulations under subsection (a), the Commission shall
require, at a minimum, that--
(1) the required disclosures (other than the disclosure
required by subsection (a)(3)(A)) for prepaid telephone
calling cards are printed in plain English in a clear and
conspicuous location on the card, or on the packaging of the
card, so as to be plainly visible to a consumer at the point
of sale;
(2) the required disclosures (other than the disclosure
required by subsection (a)(3)(B)) for prepaid telephone
calling service that consumers access and purchase via the
Internet are displayed in plain English in a clear and
conspicuous location on the Internet site from which the
consumer purchases such service, and include conspicuous
instructions and directions to any link to such disclosures;

[[Page S2969]]

(3) the required disclosures (other than the disclosure
required by subsection (a)(3)(A)) for advertising and other
promotional materials are printed on any advertising for the
prepaid telephone calling card or service used at the point
of sale, including on any signs for display by retail
merchants, displayed on any Internet site used to promote
material, and on any other promotional material used at the
point of sale that is prepared by, or at the direction of,
any person that is subject to the requirements of this Act;
and
(4) if a language other than English is predominantly used
on a prepaid telephone calling card or its packaging, or in
the point-of-sale advertising, Internet advertising, or
promotional material of a prepaid telephone calling card or
prepaid telephone calling service, then the required
disclosures are provided in that language on such card,
packaging, advertisement, or promotional material in the same
manner as if they were provided in English.
(5) if a language other than English is predominantly used
on a prepaid telephone calling card or its packaging, or in
the point-of-sale advertising, or promotional materials of a
prepaid telephone calling card or prepaid telephone calling
service, then the customer service department reached via a
toll-free number must provide basic customer support (per-
minute rate or equivalent calling units for each destination,
fees, and terms of service) in that language.
(c) Implementing Regulations.--The Commission may, in
accordance with section 553 of title 5, United States Code,
prescribe such other disclosure regulations as the Commission
determines are necessary to implement this section.

SEC. 4. UNLAWFUL CONDUCT RELATED TO PREPAID TELEPHONE CALLING
CARDS.

(a) Prepaid Telephone Calling Service Provider.--It shall
be unlawful for any prepaid telephone calling service
provider to do any of the following:
(1) Undisclosed fees and charges.--To assess or deduct from
the balance of a prepaid telephone calling card any fee or
other amount for use of the prepaid telephone calling
service, except--
(A) the per-minute rate or value for each particular
destination called by the consumer; and
(B) fees that are disclosed in accordance with the
regulations prescribed under section 3.
(2) Minutes and rates as promoted and advertised.--With
respect to a prepaid telephone calling card for a service of
the prepaid telephone calling service provider, to provide
fewer minutes than the number of minutes promoted or
advertised, or to charge a higher per-minute rate to a
specific domestic destination or international preferred
destination than the per-minute rate to that specific
destination promoted or advertised, on--
(A) the prepaid telephone calling card;
(B) any point-of-sale material relating to the card that is
prepared by or at the direction of the prepaid telephone
calling card service provider; or
(C) other advertising related to the card or service.
(3) Minutes announced, promoted, and advertised through
voice prompts.--To provide fewer minutes than the number of
minutes announced, promoted, or advertised through any voice
prompt given by the prepaid telephone calling service
provider to a consumer at the time the consumer places a call
to a dialed domestic destination or international preferred
destination with a prepaid telephone calling card or service.
(4) Expiration.--To provide, sell, resell, issue, or
distribute a prepaid telephone calling card that expires--
(A) before the date that is 1 year after the date on which
such card is first used; or
(B) in the case of a prepaid telephone calling card or
service that permits a consumer to purchase additional usage
minutes or add additional value to the card, before the date
that is 1 year after the date on which the consumer last
purchased additional usage minutes or added additional value
to the card.
(5) Charges for unconnected calls.--To assess any fee or
charge for any unconnected telephone call. For purposes of
this paragraph, a telephone call shall not be considered
connected if the person placing the call receives a busy
signal or if the call is unanswered.
(6) Maximum billing increments.--To assess or deduct a per-
minute rate (or equivalent calling unit) in an increment
greater than 1 minute of calling time for calls that are less
than 1 full minute. It shall not be a violation of this
section for a prepaid telephone calling service provider to
deduct different destination-specific rates (or equivalent
calling units) for each full minute of calling time in
accordance with properly disclosed rates or other terms and
conditions.
(b) Prepaid Telephone Calling Card Distributor.--It shall
be unlawful for any prepaid telephone calling card
distributor to do any of the following:
(1) Undisclosed fees and charges.--To assess or deduct from
the balance of a prepaid telephone calling card any fee or
other amount for use of the prepaid telephone calling
service, except--
(A) the per-minute rate or value for each particular
destination called by the consumer; and
(B) fees that are disclosed as required by regulations
prescribed under section 3.
(2) Minutes as promoted and advertised.--To sell, resell,
issue, or distribute any prepaid telephone calling card that
the distributor knows provides fewer minutes than the number
of minutes promoted or advertised, or a higher per-minute
rate to a specific destination than the per-minute rate to
that specific destination promoted or advertised, on--
(A) the prepaid telephone calling card that is prepared by
or at the direction of the prepaid telephone calling card
service distributor;
(B) any point of sale material relating to the card that is
prepared by or at the direction of the prepaid telephone
calling card service distributor; or
(C) other advertising relating to the card or service.
(3) Minutes announced, promoted, or advertised through
voice prompts.--To sell, resell, issue, or distribute a
prepaid telephone calling card that such distributor knows
provides fewer minutes than the number of minutes announced,
promoted, or advertised through any voice prompt given to a
consumer at the time the consumer places a call to a dialed
destination with the prepaid telephone calling card or
service.
(4) Expiration.--To provide, sell, resell, issue, or
distribute a prepaid telephone calling card that expires--
(A) before the date that is 1 year after the date on which
such card is first used; or
(B) in the case of a prepaid telephone calling card that
permits a consumer to purchase additional usage minutes or
add additional value to the card or service, before the date
that is 1 year after the date on which the consumer last
purchased additional usage minutes or added additional value
to the card or service.
(c) Liability.--A prepaid telephone calling service
provider or a prepaid telephone calling card distributor may
not avoid liability under this section by stating that the
displayed, announced, promoted, or advertised minutes, or the
per-minute rate to a specific destination, are subject to
fees or charges. A prepaid calling service provider or
prepaid calling distributor shall not be liable for the
disclosure of lawful fees, charges, or limitations made
pursuant to regulations prescribed by the Commission under
section 3, including lawful conditions of use.
(d) Implementing Regulations.--The Commission may, in
accordance with section 553 of title 5, United States Code,
prescribe such regulations as the Commission determines are
necessary to implement this section.

SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Unfair and Deceptive Act or Practice.--Notwithstanding
any other provision of law, a violation of a regulation
prescribed under section 3 or the commission of an unlawful
act proscribed under section 4 shall be treated as a
violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Authority of the Commission.--The Commission shall
enforce this Act in the same manner and by the same means as
though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part
of this Act. Notwithstanding section 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(2), communications
common carriers shall be subject to the jurisdiction of the
Commission exclusively for the purposes of this Act, and
section 5(a)(2) shall not be otherwise affected.
(c) Federal Communications Commission Authority.--
(1) To the extent that the Federal Trade Commission has
authority under this Act with respect to prepaid calling
cards, prepaid calling card providers and prepaid calling
card distributors, the Federal Communications Commission
shall not exercise any authority that it may otherwise have
with respect to such cards, providers and distributors;
(2) Except as provided in paragraph (1), nothing in this
Act affects the authority of the Federal Communications
Commission with respect to such prepaid calling card
providers and distributors.

SEC. 6. STATE ENFORCEMENT.

(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State, a State utility commission, or other
authorized State consumer protection agency has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person in a practice that is prohibited under this
Act, the State, as parens patriae, may bring a civil action
on behalf of the residents of that State in a district court
of the United States of appropriate jurisdiction--
(A) to enjoin that practice;
(B) to enforce compliance with this Act;
(C) to obtain damage, restitution, or other compensation on
behalf of residents of the State; or
(D) to obtain such other relief as the court may consider
to be appropriate.
(2) Notice to federal trade commission.--
(A) In general.--Before filing an action under paragraph
(1), the attorney general of a State, a State utility
commission, or an authorized State consumer protection agency
shall provide to the Commission--
(i) written notice of the action; and
(ii) a copy of the complaint for the action.

[[Page S2970]]

(B) Exemption.--
(i) In general.--Subparagraph (A) shall not apply to the
filing of an action under paragraph (1) if the attorney
general of a State, a State utility commission, or an
authorized State consumer protection agency filing such
action determines that it is not feasible to provide the
notice described in subparagraph (A) before the filing of the
action.
(ii) Notification.--In an action described in clause (i),
the attorney general of a State, a State utility commission,
or an authorized State consumer protection agency shall
provide notice and a copy of the complaint to the Commission
at the time the action is filed.
(b) Intervention by Federal Trade Commission.--
(1) In general.--Upon receiving notice under subsection
(a)(2), the Commission may intervene in the action that is
the subject of such notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), the Commission may--
(A) be heard with respect to any matter that arises in that
action; and
(B) file a petition for appeal.
(c) Construction.--Nothing in this Act may be construed to
prevent an attorney general of a State, a State utility
commission, or an authorized State consumer protection agency
from exercising the powers conferred on the attorney general,
a State utility commission, or an authorized State consumer
protection agency by the laws of that State--
(1) to conduct investigations;
(2) to administer oaths or affirmations;
(3) to compel the attendance of witnesses or the production
of documentary and other evidence;
(4) to enforce any State consumer protection laws of
general applicability; or
(5) to establish or utilize existing administrative
procedures to enforce the provisions of the law of such
State.
(d) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) shall
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
(A) is an inhabitant; or
(B) may be found.

SEC. 7. APPLICATION.

The regulations prescribed under section 3 and the
provisions of sections 3 and 4 shall apply to any prepaid
telephone calling card issued or placed into the stream of
commerce, and to any advertisement, promotion, point-of-sale
material or voice prompt regarding a prepaid telephone
calling service that is created or disseminated more than 120
days after the date on which the regulations prescribed under
section 3 are published in the Federal Register.

SEC. 8. EFFECT ON STATE LAW.

(a) Preemption.--
(1) In general.--Except as otherwise provided in this
section, this Act preempts the laws of any State or political
subdivision thereof to the extent that such laws are
inconsistent with this Act, or the rules, regulations, or
orders issued by the Commission under this Act.
(2) Exceptions.--This Act shall not preempt any provision
of State law or enforcement action that provides additional
enforcement protection to consumers of prepaid telephone
calling cards if such provision of law or enforcement
action--
(A) imposes higher fines or more punitive civil or criminal
remedies, including injunctive relief, for any violation of
this Act, or the rules, regulations, or orders issued by the
Commission under this Act; or
(B)(i) relates to terms, conditions, or issues that are not
addressed by this Act, or by the rules, regulations, or
orders issued by the Commission under this Act; and
(ii) is not determined by the Commission to be inconsistent
with the public interest.
(b) Petitions Concerning Preemption.--
(1) Petitions by providers.--
(A) Authority to petition.--A prepaid telephone calling
card provider or a prepaid telephone calling card distributor
may submit a petition to the Commission to challenge a State
law or regulation--
(i) as inconsistent with this Act or the rules,
regulations, or orders issued by the Commission under this
Act; or
(ii) as inconsistent with the public interest, if the
measure relates to terms, conditions, or issues that are not
addressed by this Act, or the rules, regulations, or orders
issued by the Commission under this Act.
(B) Deadline for commission action.--Within 90 days after
receiving a petition under subparagraph (A), the Commission
shall issue a final determination on the issues presented in
the petition. The Commission may issue an order staying the
effectiveness of any State law or regulation that is the
subject of the petition during, but for no longer than, such
90-day period.
(2) Proceedings on unaddressed issues.--If, on the basis of
any petition under paragraph (1), the Commission determines
that a term, condition, or issue is not addressed by sections
3 or 4 of this Act, or the rules issued by the Commission
under this section 3 of this Act, the Commission shall,
within 180 days after the date of such determination, conduct
an inquiry or other proceeding to determine whether the
Commission should, in the public interest, promulgate a rule,
pursuant to section 3(c), to address such term, condition, or
issue.

SEC. 9. GAO STUDY.

Beginning 1 year after the date on which final regulations
are promulgated pursuant to section 3(a), the Comptroller
General shall conduct a study of the effectiveness of this
Act and the disclosures required under this Act and shall
submit a report of such study to the House Committee on
Energy and Commerce and the Senate Committee on Commerce,
Science, and Transportation no later than 2 years after the
date of enactment of this Act.

______

By Mr. FEINGOLD (for himself, Mr. Grassley, Mr. Lieberman, Mr.
Kennedy, Mr. Cardin, and Mr. Wyden):
S. 564. A bill to establish commissions to review the facts and
circumstances surrounding injustices suffered by European Americans,
European Latin Americans, and Jewish refugees during World War II; to
the Committee on the Judiciary.
Mr. FEINGOLD. Mr. President, today I introduce the Wartime Treatment
Study Act. This bill would create two factfinding commissions: one
commission to review the treatment by our Government during World War
II of American citizens or residents of German or Italian descent and
persons of European descent living in Latin American countries, and
another commission to review the U.S. Government's treatment of Jewish
refugees fleeing Nazi persecution during World War II. This bill is
long overdue.
I am very pleased that my colleagues Senators Grassley, Kennedy,
Lieberman, Inouye, Cardin and Wyden have joined me as cosponsors of
this important bill. I thank them for their support. And I thank
Congressman Wexler, who has been the unflagging champion of this
legislation and will be introducing an identical bill in the House of
Representatives.
The victory of America and its allies in the Second World War was a
triumph for freedom, justice, and human rights. The courage displayed
by so many Americans, of all ethnic origins, should be a source of
great pride for all Americans.
But, at the same time that so many brave Americans fought for freedom
in Europe and the Pacific, the U.S. Government was curtailing the
freedom of people here at home. While it is, of course, the right of
every nation to protect itself during wartime, the U.S. Government must
respect the basic freedoms for which so many Americans have given their
lives. War tests our principles and our values. And as our Nation's
recent experience has shown, it is during times of war and conflict,
when our fears are high and our principles are tested most, that we
must be even more vigilant to guard against violations of the basic
freedoms guaranteed by the Constitution.
Many Americans are aware that during World War II, under the
authority of Executive Order 9066, our Government forced more than
100,000 ethnic Japanese from their homes and ultimately into internment
camps. Japanese Americans were forced to leave their homes, their
livelihoods, and their communities and were held behind barbed wire and
military guard by their own government. Through the work of the
Commission on Wartime Relocation and Internment of Civilians, created
by Congress in 1980, this shameful event finally received the official
acknowledgement and condemnation it deserved.
While I commend our Government for finally recognizing and
apologizing for the mistreatment of Japanese Americans during World War
II, I believe that it is time that the Government also acknowledge the
mistreatment experienced by American citizens or residents of German or
Italian descent and persons of European descent living in Latin
American countries, as well as Jewish refugees.
The Wartime Treatment Study Act would create two independent, fact-
finding commissions to review this unfortunate history, so that
Americans can understand why it happened and work to ensure that it
never happens again. One commission will review the treatment by the
U.S. Government of German Americans, Italian Americans, and other
European Americans, as well as European Latin Americans, during World
War II.

[[Page S2971]]

I believe that most Americans are unaware that the U.S. Government
designated more than 600,000 Italian-born and 300,000 German-born
United States resident aliens and their families as ``enemy aliens.''
The U.S. Government unfairly subjected many to arrest, detainment, and
relocation. Indeed, as was the case with Japanese Americans,
approximately 11,000 ethnic Germans, 3,200 ethnic Italians, and scores
of Bulgarians, Hungarians, Romanians or other European Americans living
in America were taken from their homes and placed in internment camps
during World War II. Even less well known is the U.S. policy
coordinated with many Latin American countries that resulted in
thousands of European Americans, including German and Austrian Jews,
being arrested, shipped to the United States by U.S. military
transport, and interned. Many European Americans and European Latin
Americans were later repatriated or deported to European Axis nations
during World War II, and some were exchanged for Americans and Latin
Americans held in those nations. We must learn from this history and
explore why we failed to protect the basic freedoms of our fellow
Americans and those brought here from Latin America.
A second commission created by this bill will review the treatment by
the U.S. Government of Jewish refugees who were fleeing Nazi
persecution and genocide. We must review the facts here as well and
determine how restrictive immigration policies failed to provide
adequate safe harbor to Jewish refugees fleeing the persecution of Nazi
Germany. It is a horrible truth that the United States turned away
thousands of refugees, delivering many refugees to their deaths at the
hands of the Nazi regime.
As I mentioned earlier, there has been a measure of justice for
Japanese Americans who were denied their liberty and property. It is
now time for the U.S. Government to complete the accounting of this
period in our Nation's history. It is now time to create independent,
fact finding commissions to conduct a full and thorough review of the
treatment of all European Americans, European Latin Americans, and
Jewish refugees during World War II.
Up to this point, there has been no justice for the thousands of
German Americans, Italian Americans, and other European Americans who
were branded ``enemy aliens'' and then taken from their homes,
subjected to curfews, limited in their travel, deprived of their
personal property, and, in the worst cases, placed in internment camps.
There has been no justice for Latin Americans of European descent who
were taken from their homes, shipped to the United States, and interned
here.
There has been no justice for the European Americans and European
Latin Americans who were repatriated or deported to hostile, war-torn
European Axis powers, often in exchange for Americans being held in
those countries.
Finally, there has been no justice for the thousands of Jews, like
those aboard the German vessel the St. Louis, who sought refuge from
hostile Nazi treatment but were callously turned away at America's
shores.
The injustices to European Americans, European Latin Americans, and
Jewish refugees occurred more than 60 years ago. Americans must learn
from these tragedies now, while the people who survived these
injustices are still with us, and are still here to teach us. We cannot
put this off any longer. Their numbers are rapidly dwindling. I spoke
on the Senate floor in the last Congress about one such former
internee, Max Ebel, who died still waiting for his country to
acknowledge his internment and those of many other European Americans.
If we wait any longer, even more people who were affected will no
longer be here to know that Congress has at last recognized their
sacrifice and resolved to learn from the mistakes of the past.
We should never allow this part of our Nation's history to repeat
itself. And, while we should be proud of our Nation's triumph in World
War II, we should not let that justifiable pride blind us to the
treatment of some Americans by their own government.
I was very pleased that the Senate approved this bill by an
overwhelming bipartisan majority as an amendment to the immigration
bill in 2007. I urge my colleagues to join me in supporting the Wartime
Treatment Study Act again this Congress, and to allow this bill to
become law as soon as possible. I have been seeking to enact this
legislation for eight years. It is long past time for a full accounting
of this tragic chapter in our Nation's history.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 564

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wartime Treatment Study
Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) During World War II, the United States Government
deemed as ``enemy aliens'' more than 600,000 Italian-born and
300,000 German-born United States resident aliens and their
families, requiring them to carry Certificates of
Identification and limiting their travel and personal
property rights. At that time, these groups were the two
largest foreign-born groups in the United States.
(2) During World War II, the United States Government
arrested, interned, or otherwise detained thousands of
European Americans, some remaining in custody for years after
cessation of World War II hostilities, and repatriated,
exchanged, or deported European Americans, including
American-born children, to European Axis nations, many to be
exchanged for Americans held in those nations.
(3) Pursuant to a policy coordinated by the United States
with Latin American nations, thousands of European Latin
Americans, including German and Austrian Jews, were arrested,
relocated to the United States, and interned. Many were later
repatriated or deported to European Axis nations during World
War II and exchanged for Americans and Latin Americans held
in those nations.
(4) Millions of European Americans served in the armed
forces and thousands sacrificed their lives in defense of the
United States.
(5) The wartime policies of the United States Government
were devastating to the German American and Italian American
communities, individuals, and their families. The detrimental
effects are still being experienced.
(6) Prior to and during World War II, the United States
restricted the entry of Jewish refugees who were fleeing
persecution or genocide and sought safety in the United
States. During the 1930's and 1940's, the quota system,
immigration regulations, visa requirements, and the time
required to process visa applications affected the number of
Jewish refugees, particularly those from Germany and Austria,
who could gain admittance to the United States.
(7) The United States Government should conduct an
independent review to fully assess and acknowledge these
actions. Congress has previously reviewed the United States
Government's wartime treatment of Japanese Americans through
the Commission on Wartime Relocation and Internment of
Civilians. An independent review of the treatment of German
Americans and Italian Americans and of Jewish refugees
fleeing persecution and genocide has not yet been undertaken.
(8) Time is of the essence for the establishment of
commissions, because of the increasing danger of destruction
and loss of relevant documents, the advanced age of potential
witnesses and, most importantly, the advanced age of those
affected by the United States Government's policies. Many who
suffered have already passed away and will never know of this
effort.

SEC. 3. DEFINITIONS.

In this Act:
(1) During world war ii.--The term ``during World War II''
refers to the period between September 1, 1939, through
December 31, 1948.
(2) European americans.--
(A) In general.--The term ``European Americans'' refers to
United States citizens and resident aliens of European
ancestry, including Italian Americans, German Americans,
Hungarian Americans, Romanian Americans, and Bulgarian
Americans.
(B) German americans.--The term ``German Americans'' refers
to United States citizens and resident aliens of German
ancestry.
(C) Italian americans.--The term ``Italian Americans''
refers to United States citizens and resident aliens of
Italian ancestry.
(3) European latin americans.--The term ``European Latin
Americans'' refers to persons of European ancestry, including
German or Italian ancestry, residing in a Latin American
nation during World War II.
(4) Latin american nation.--The term ``Latin American
nation'' refers to any nation in Central America, South
America, or the Caribbean.

[[Page S2972]]

TITLE I--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

SEC. 101. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF
EUROPEAN AMERICANS.

(a) In General.--There is established the Commission on
Wartime Treatment of European Americans (referred to in this
title as the ``European American Commission'').
(b) Membership.--The European American Commission shall be
composed of 7 members, who shall be appointed not later than
90 days after the date of enactment of this Act as follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the minority
leader.
(3) Two members shall be appointed by the majority leader
of the Senate, in consultation with the minority leader.
(c) Terms.--The term of office for members shall be for the
life of the European American Commission. A vacancy in the
European American Commission shall not affect its powers, and
shall be filled in the same manner in which the original
appointment was made.
(d) Representation.--The European American Commission shall
include 2 members representing the interests of Italian
Americans and two members representing the interests of
German Americans.
(e) Meetings.--The President shall call the first meeting
of the European American Commission not later than 120 days
after the date of enactment of this Act.
(f) Quorum.--Four members of the European American
Commission shall constitute a quorum, but a lesser number may
hold hearings.
(g) Chairman.--The European American Commission shall elect
a Chairman and Vice Chairman from among its members. The term
of office of each shall be for the life of the European
American Commission.
(h) Compensation.--
(1) In general.--Members of the European American
Commission shall serve without pay.
(2) Reimbursement of expenses.--All members of the European
American Commission shall be reimbursed for reasonable travel
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.

SEC. 102. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

(a) In General.--It shall be the duty of the European
American Commission to review the United States Government's
wartime treatment of European Americans and European Latin
Americans as provided in subsection (b).
(b) Scope of Review.--The European American Commission's
review shall include the following:
(1) A comprehensive review of the facts and circumstances
surrounding United States Government action during World War
II with respect to European Americans and European Latin
Americans pursuant to United States laws and directives,
including the Alien Enemies Acts (50 U.S.C. 21 et seq.),
Presidential Proclamations 2526, 2527, 2655, 2662, and 2685,
Executive Orders 9066 and 9095, and any directive of the
United States Government pursuant to these and other
pertinent laws, proclamations, or executive orders, including
registration requirements, travel and property restrictions,
establishment of restricted areas, raids, arrests,
internment, exclusion, policies relating to the families and
property that excludees and internees were forced to abandon,
internee employment by American companies (including a list
of such companies and the terms and type of employment),
exchange, repatriation, and deportation, and the immediate
and long-term effect of such actions, particularly
internment, on the lives of those affected. This review shall
also include a list of--
(A) all temporary detention and long-term internment
facilities in the United States and Latin American nations
that were used to detain or intern European Americans and
European Latin Americans during World War II (in this
paragraph referred to as ``World War II detention
facilities'');
(B) the names of European Americans and European Latin
Americans who died while in World War II detention facilities
and where they were buried;
(C) the names of children of European Americans and
European Latin Americans who were born in World War II
detention facilities and where they were born; and
(D) the nations from which European Latin Americans were
brought to the United States, the ships that transported them
to the United States and their departure and disembarkation
ports, the locations where European Americans and European
Latin Americans were exchanged for persons held in European
Axis nations, and the ships that transported them to Europe
and their departure and disembarkation ports.
(2) An assessment of the underlying rationale of the
decision of the United States Government to develop the
programs and policies described in paragraph (1), the
information the United States Government received or acquired
suggesting these programs and policies were necessary, the
perceived benefit of enacting such programs and policies, and
the immediate and long-term impact of such programs and
policies on European Americans and European Latin Americans
and their communities.
(3) A brief review of the participation by European
Americans in the United States Armed Forces, including the
participation of European Americans whose families were
excluded, interned, repatriated, or exchanged.
(4) A recommendation of appropriate remedies, including
public education programs and the creation of a comprehensive
online database by the National Archives and Records
Administration of documents related to the United States
Government's wartime treatment of European Americans and
European Latin Americans during World War II.
(c) Field Hearings.--The European American Commission shall
hold public hearings in such cities of the United States as
it deems appropriate.
(d) Report.--The European American Commission shall submit
a written report of its findings and recommendations to
Congress not later than 18 months after the date of the first
meeting called pursuant to section 101(e).

SEC. 103. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

(a) In General.--The European American Commission or, on
the authorization of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out the
provisions of this title, hold such hearings and sit and act
at such times and places, and request the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memorandum, papers, and documents as
the Commission or such subcommittee or member may deem
advisable. The European American Commission may request the
Attorney General to invoke the aid of an appropriate United
States district court to require, by subpoena or otherwise,
such attendance, testimony, or production.
(b) Government Information and Cooperation.--The European
American Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other
authority of the executive branch of the Government,
available information that the European American Commission
considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or
other authorities of the executive branch of the Government
shall cooperate with the European American Commission and
furnish all information requested by the European American
Commission to the extent permitted by law, including
information collected under the Commission on Wartime and
Internment of Civilians Act (Public Law 96-317; 50 U.S.C.
App. 1981 note) and the Wartime Violation of Italian
Americans Civil Liberties Act (Public Law 106-451; 50 U.S.C.
App. 1981 note). For purposes of section 552a(b)(9) of title
5, United States Code (commonly known as the ``Privacy Act of
1974''), the European American Commission shall be deemed to
be a committee of jurisdiction.

SEC. 104. ADMINISTRATIVE PROVISIONS.

The European American Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that the compensation of any employee of the
Commission may not exceed a rate equivalent to the rate
payable under GS-15 of the General Schedule under section
5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) obtain the detail of any Federal Government employee,
and such detail shall be without reimbursement or
interruption or loss of civil service status or privilege;
(4) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator;
(5) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
Acts; and
(6) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided
in appropriation Acts.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $600,000 to carry
out this title.

SEC. 106. SUNSET.

The European American Commission shall terminate 60 days
after it submits its report to Congress.

TITLE II--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

SEC. 201. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF
JEWISH REFUGEES.

(a) In General.--There is established the Commission on
Wartime Treatment of Jewish Refugees (referred to in this
title as the ``Jewish Refugee Commission'').
(b) Membership.--The Jewish Refugee Commission shall be
composed of 7 members,

[[Page S2973]]

who shall be appointed not later than 90 days after the date
of enactment of this Act as follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the minority
leader.
(3) Two members shall be appointed by the majority leader
of the Senate, in consultation with the minority leader.
(c) Terms.--The term of office for members shall be for the
life of the Jewish Refugee Commission. A vacancy in the
Jewish Refugee Commission shall not affect its powers, and
shall be filled in the same manner in which the original
appointment was made.
(d) Representation.--The Jewish Refugee Commission shall
include two members representing the interests of Jewish
refugees.
(e) Meetings.--The President shall call the first meeting
of the Jewish Refugee Commission not later than 120 days
after the date of enactment of this Act.
(f) Quorum.--Four members of the Jewish Refugee Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(g) Chairman.--The Jewish Refugee Commission shall elect a
Chairman and Vice Chairman from among its members. The term
of office of each shall be for the life of the Jewish Refugee
Commission.
(h) Compensation.--
(1) In general.--Members of the Jewish Refugee Commission
shall serve without pay.
(2) Reimbursement of expenses.--All members of the Jewish
Refugee Commission shall be reimbursed for reasonable travel
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.

SEC. 202. DUTIES OF THE JEWISH REFUGEE COMMISSION.

(a) In General.--It shall be the duty of the Jewish Refugee
Commission to review the United States Government's refusal
to allow Jewish and other refugees fleeing persecution or
genocide in Europe entry to the United States as provided in
subsection (b).
(b) Scope of Review.--The Jewish Refugee Commission's
review shall cover the period between January 1, 1933,
through December 31, 1945, and shall include, to the greatest
extent practicable, the following:
(1) A review of the United States Government's decision to
deny Jewish and other refugees fleeing persecution or
genocide entry to the United States, including a review of
the underlying rationale of the United States Government's
decision to refuse the Jewish and other refugees entry, the
information the United States Government received or acquired
suggesting such refusal was necessary, the perceived benefit
of such refusal, and the impact of such refusal on the
refugees.
(2) A review of Federal refugee law and policy relating to
those fleeing persecution or genocide, including
recommendations for making it easier in the future for
victims of persecution or genocide to obtain refuge in the
United States.
(c) Field Hearings.--The Jewish Refugee Commission shall
hold public hearings in such cities of the United States as
it deems appropriate.
(d) Report.--The Jewish Refugee Commission shall submit a
written report of its findings and recommendations to
Congress not later than 18 months after the date of the first
meeting called pursuant to section 201(e).

SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION.

(a) In General.--The Jewish Refugee Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this title, hold such hearings and sit and act at such
times and places, and request the attendance and testimony of
such witnesses and the production of such books, records,
correspondence, memorandum, papers, and documents as the
Commission or such subcommittee or member may deem advisable.
The Jewish Refugee Commission may request the Attorney
General to invoke the aid of an appropriate United States
district court to require, by subpoena or otherwise, such
attendance, testimony, or production.
(b) Government Information and Cooperation.--The Jewish
Refugee Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other
authority of the executive branch of the Government,
available information that the Jewish Refugee Commission
considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or
other authorities of the executive branch of the Government
shall cooperate with the Jewish Refugee Commission and
furnish all information requested by the Jewish Refugee
Commission to the extent permitted by law. For purposes of
section 552a(b)(9) of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), the Jewish Refugee
Commission shall be deemed to be a committee of jurisdiction.

SEC. 204. ADMINISTRATIVE PROVISIONS.

The Jewish Refugee Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that the compensation of any employee of the
Commission may not exceed a rate equivalent to the rate
payable under GS-15 of the General Schedule under section
5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) obtain the detail of any Federal Government employee,
and such detail shall be without reimbursement or
interruption or loss of civil service status or privilege;
(4) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator;
(5) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
Acts; and
(6) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided
in appropriation Acts.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $600,000 to carry
out this title.

SEC. 206. SUNSET.

The Jewish Refugee Commission shall terminate 60 days after
it submits its report to Congress.

TITLE III--FUNDING SOURCE

SEC. 301. FUNDING SOURCE.

Of the funds made available for the Department of Justice
by the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329),
$1,200,000 is hereby rescinded.
______

By Mr. DURBIN (for himself, Mr. Cochran, Mr. Levin, and Mr.
Dorgan):
S. 565. A bill to amend title XVIII of the Social Security Act to
provide continued entitlement to coverage for immunosuppressive drugs
furnished to beneficiaries under the Medicare Program that have
received a kidney transplant and whose entitlement to coverage would
otherwise expire, and for other purposes; to the Committee on Finance.
Mr. DURBIN. March 12 is recognized as World Kidney Day, a day to
raise awareness of the major health and societal costs of kidney
disease. Today, 26 million American adults have chronic kidney disease,
and 500,000 have irreversible kidney failure, or end-stage renal
disease ESRD. These patients require dialysis or a kidney transplant to
survive.
Fortunately, medical advancements have transformed organ
transplantation from an experimental procedure into the accepted and
often best treatment for organ failure. Transplantation has prolonged
and improved the lives of thousands of Americans. Over 16,000 Americans
received a kidney transplant in 2007, and 150,000 today are living with
functioning kidney transplants.
Many of these kidney transplants were paid for by the Medicare
system, which provides health care to aged and disabled Americans, as
well as those living with ESRD. For these ESRD patients, Medicare also
covers dialysis for patients who have not received a donor kidney and
immunosuppressive drugs for kidney transplant recipients. Organ
transplant recipients must take immunosuppressive drugs every day for
the life of their transplant to reduce the risk of organ rejection.
In 2000, Congress wisely eliminated the 36-month time limitation for
aged and disabled beneficiaries who had Medicare status at the time of
transplant. So today, for an older or disabled person on Medicare,
immunosuppressive drugs are covered by Medicare for the life of the
transplant.
However, we still have an unfair and unrealistic gap in coverage for
people with ESRD who are neither disabled nor elderly. For those
transplant recipients, coverage for immunosuppressive drugs ends 36
months after transplantation. This is economically inefficient and
morally wrong. Without regular access to immunosuppressive drugs to
prevent rejection, many patients find themselves back in a risky and
frightening place--in need of a new kidney.
Since Medicare covers the cost of the transplant for end stage renal
disease, it makes sense for Medicare to preserve

[[Page S2974]]

this investment by covering antirejection drugs. It would be far less
expensive for Medicare to cover immunosuppressive drugs at a cost of
$10,000 to $20,000 a year than to pay for dialysis--$71,000 a year--or
another transplant, $106,000, if a patient's kidney fails and he is
once again eligible for Medicare coverage.
I am pleased to introduce today, along with my colleague from
Mississippi, Senator Thad Cochran, the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act. This legislation would allow
kidney transplant recipients to continue Medicare coverage for the
purpose of immunosuppressive drugs only. All other Medicare coverage
would end 36 months after the transplant.
It is time to take this step to provide continuous coverage for
immunosuppressive drugs through Medicare. This is a logical and moral
move that will reduce the need for dialysis and kidney retransplants
and provide reliable, sustained access to critically important,
lifesaving medications for thousands of Americans. In the long run, we
will save both money and lives.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 565

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Comprehensive
Immunosuppressive Drug Coverage for Kidney Transplant
Patients Act of 2009''.

SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF
IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE
PROGRAM FOR KIDNEY TRANSPLANT RECIPIENTS.

(a) Continued Entitlement to Immunosuppressive Drugs.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for coverage of immunosuppressive drugs
under section 1861(s)(2)(J))'' after ``shall end''.
(2) Application.--Section 1836 of the Social Security Act
(42 U.S.C. 1395o) is amended--
(A) by striking ``Every individual who'' and inserting
``(a) In General.--Every individual who''; and
(B) by adding at the end the following new subsection:
``(b) Special Rules Applicable to Individuals Eligible Only
for Coverage of Immunosuppressive Drugs.--
``(1) In general.--In the case of an individual whose
eligibility for benefits under this title has ended except
for the coverage of immunosuppressive drugs by reason of
section 226A(b)(2), the following rules shall apply:
``(A) The individual shall be deemed to be enrolled under
this part for purposes of receiving coverage of such drugs.
``(B) The individual shall be responsible for the full
amount of the premium under section 1839 in order to receive
such coverage.
``(C) The provision of such drugs shall be subject to the
application of--
``(i) the deductible under section 1833(b); and
``(ii) the coinsurance amount applicable for such drugs (as
determined under this part).
``(D) If the individual is an inpatient of a hospital or
other entity, the individual is entitled to receive coverage
of such drugs under this part.
``(2) Establishment of procedures in order to implement
coverage.--The Secretary shall establish procedures for--
``(A) identifying beneficiaries that are entitled to
coverage of immunosuppressive drugs by reason of section
226A(b)(2); and
``(B) distinguishing such beneficiaries from beneficiaries
that are enrolled under this part for the complete package of
benefits under this part.''.
(3) Technical amendment.--Subsection (c) of section 226A of
the Social Security Act (42 U.S.C. 426-1), as added by
section 201(a)(3)(D)(ii) of the Social Security Independence
and Program Improvements Act of 1994 (Public Law 103-296; 108
Stat. 1497), is redesignated as subsection (d).
(b) Extension of Secondary Payer Requirements for ESRD
Beneficiaries.--Section 1862(b)(1)(C) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the
end the following new sentence: ``With regard to
immunosuppressive drugs furnished on or after the date of
enactment of the Comprehensive Immunosuppressive Drug
Coverage for Kidney Transplant Patients Act of 2009, this
subparagraph shall be applied without regard to any time
limitation.''.
(c) Effective Date.--The amendments made by this section
shall apply to drugs furnished on or after the date of
enactment of this Act.

SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF
IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT
RECIPIENTS.

(a) Application to Certain Health Insurance Coverage.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:

``SEC. 2708. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.

``A group health plan (and a health insurance issuer
offering health insurance coverage in connection with a group
health plan) shall provide coverage of immunosuppressive
drugs in connection with a kidney transplant that is at least
as comprehensive as the coverage provided by such plan or
issuer on the day before the date of enactment of the
Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act of 2009, and such requirement shall
be deemed to be incorporated into this section.''.
(2) Conforming amendment.--Section 2721(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is
amended by inserting ``(other than section 2708)'' after
``requirements of such subparts''.
(b) Application to Group Health Plans and Group Health
Insurance Coverage Under the Employee Retirement Income
Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:

``SEC. 715. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.

``A group health plan (and a health insurance issuer
offering health insurance coverage in connection with a group
health plan) shall provide coverage of immunosuppressive
drugs in connection with a kidney transplant that is at least
as comprehensive as the coverage provided by such plan or
issuer on the day before the date of enactment of the
Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act of 2009, and such requirement shall
be deemed to be incorporated into this section.''.
(2) Conforming amendments.--
(A) Section 732(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by
striking ``section 711'' and inserting ``sections 711 and
715''.
(B) The table of contents in section 1 of the Employee
Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 714 the
following new item:

``Sec. 715. Coverage of immunosuppressive drugs.''.

(c) Application to Group Health Plans Under the Internal
Revenue Code of 1986.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9813 the following new item:

``Sec. 9814. Coverage of immunosuppressive drugs for kidney transplant
recipients.'';

and
(2) by inserting after section 9813 the following:

``SEC. 9814. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY
TRANSPLANT RECIPIENTS.

``A group health plan shall provide coverage of
immunosuppressive drugs in connection with a kidney
transplant that is at least as comprehensive as the coverage
provided by such plan on the day before the date of enactment
of the Comprehensive Immunosuppressive Drug Coverage for
Kidney Transplant Patients Act of 2009, and such requirement
shall be deemed to be incorporated into this section.''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning on or after January 1,
2010.
______

By Mr. DURBIN (for himself, Mr. Schumer, and Mr. Kennedy):
S. 566. A bill to create a Financial Product Safety Commission, to
provide consumers with stronger protections and better information in
connection with consumer financial products, and to give providers of
consumer financial products more regulatory certainty; to the Committee
on Banking, Housing, and Urban Affairs.
Mr. DURBIN. When consumers purchase tangible consumer products such
as toasters or televisions, they can be reasonably confident that the
products are safe for their families to use. In America we don't say
``buyer beware'' when it comes to lead paint in toys or risky drugs.
But when Americans purchase financial products such as mortgages or
credit cards, they often have little idea whether those products --and
the mountain of fine print that come with them--are good for their
families. Why?
The answer is that consumer products are subject to oversight, while
financial products are not. Professor Elizabeth Warren, Chairperson of
the Congressional Oversight Panel for the $700 billion Troubled Assets
Relief Program, was right when she said ``we need more oversight.''
That was more than a year ago.

[[Page S2975]]

Today there are no fewer than 10 Federal regulators with
responsibility for consumer protections from predatory or deceptive
financial products, but none have oversight as its primary objective.
The legislation that I am introducing today with Senators Schumer and
Kennedy would create a Financial Product Safety Commission that would
focus exclusively on the interests of consumers. I am pleased that
Congressmen Bill Delahunt and Brad Miller will be introducing the House
companion.
The objectives of the Financial Product Safety Commission would be to
reduce consumer risk in using financial products, coordinate
enforcement with other Federal and State regulators, and report to the
public regarding the state of consumer financial product safety.
The Financial Product Safety Commission would fulfill that mission by
preventing predatory and deceptive financial practices, educating
consumers on the responsible use of financial products and services,
establishing a regulatory floor beneath which consumer financial
product safety could not fall, and recommending the steps that should
be taken to improve the value of financial products for consumers.
The bill is supported by over 55 national and State organizations,
including Consumer Federation of America, Center for Responsible
Lending Leadership Conference on Civil Rights, NAACP, La Raza, AFL-CIO,
SEIU, National Consumer Law Center, Consumers Union, Public Citizen,
and U.S. PIRG. I include a statement of support for the Record.
As Congress embarks on financial regulatory reform, our improved
regulatory system must focus not just on the safety and soundness of
the providers of financial products but also on the safety of the
consumers of financial products. The Financial Product Safety
Commission will do just that.
Mr. President, I ask unanimous consent that the text of the bill and
supporting material be printed in the Record.
There being no objection, the material was ordered to be placed in
the Record, as follows:

S. 566

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Financial
Product Safety Commission Act of 2009''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Commission.
Sec. 5. Objectives and responsibilities.
Sec. 6. Coordination of enforcement.
Sec. 7. Authorities.
Sec. 8. Collaboration with Federal and State entities.
Sec. 9. Prohibited acts.
Sec. 10. Enforcement.
Sec. 11. Reports.
Sec. 12. Authorization of appropriations.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Nation's multiagency financial services regulatory
structure has created a dispersion of regulatory
responsibility, which in turn has led to an inadequate focus
on protecting consumers from inappropriate consumer financial
products and practices;
(2) the absence of appropriate oversight has allowed
excessively costly or predatory consumer financial products
and practices to flourish; and
(3) the creation of a regulator whose sole focus is the
safety of consumer financial products would help address this
lack of consumer protection.

SEC. 3. DEFINITIONS.

For purposes of this Act--
(1) the terms ``Commission'', ``Chairperson'', and
``Commissioner'' mean the Financial Product Safety Commission
established under this Act and the Chairperson and any
Commissioner thereof, respectively;
(2) the term ``consumer financial product'' includes--
(A) any extension of credit, deposit account, payment
mechanism, or other product or service within the scope of--
(i) the Truth in Savings Act (12 U.S.C. 4301 et seq.);
(ii) the Consumer Credit Protection Act (15 U.S.C. 1601 et
seq.); or
(iii) article 3 (relating to negotiable instruments) or
article 4 (relating to bank deposits) of the Uniform
Commercial Code, as in effect in any State;
(B) any other extension of credit, deposit account, or
payment mechanism; and
(C) any ancillary product, practice, or transaction;
(3) the term ``appropriate committees of Congress'' means
the Committee on Banking, Housing, and Urban Affairs and the
Subcommittee on Financial Services and General Government of
the Committee on Appropriations of the Senate, and the
Committee on Financial Services and the Subcommittee on
Financial Services and General Government of the Committee on
Appropriations of the House of Representatives, and any
successor committees, as may be constituted;
(4) the term ``consumer'' means any natural person and any
small business concern, as defined in section 3 of the Small
Business Act (15 U.S.C. 632); and
(5) the term ``credit'' has the same meaning as in section
103 of the Truth in Lending Act (15 U.S.C. 1602).

SEC. 4. ESTABLISHMENT OF COMMISSION.

(a) Establishment; Chairperson.--
(1) Establishment.--There is established the ``Financial
Product Safety Commission'' which shall be an independent
establishment, as defined in section 104(1) of title 5,
United States Code.
(2) Membership.--
(A) In general.--The Commission shall be comprised of 5
commissioners, appointed by the President, by and with the
advice and consent of the Senate.
(B) Considerations.--In making appointments to the
Commission, the President shall consider individuals who, by
reason of their background and expertise in areas related to
consumer financial product safety, are qualified to serve as
members of the Commission.
(3) Chairperson.--The Chairperson of the Commission shall
be appointed by the President, by and with the advice and
consent of the Senate, from among the members of the
Commission.
(4) Removal.--Any Commissioner may be removed by the
President for neglect of duty or malfeasance in office, but
for no other cause.
(b) Term; Vacancies.--
(1) In general.--Except as provided in paragraph (2)--
(A) the Commissioners first appointed under this section
shall be appointed for terms ending 3, 4, 5, 6, and 7 years,
respectively, after the date of enactment of this Act, the
term of each to be designated by the President at the time of
nomination; and
(B) each of their successors shall be appointed for a term
of 5 years from the date of the expiration of the term for
which the predecessor was appointed.
(2) Limitations.--Any Commissioner appointed to fill a
vacancy occurring prior to the expiration of the term for
which the predecessor thereof was appointed shall be
appointed only for the remainder of such term. A Commissioner
may continue to serve after the expiration of such term until
a successor has taken office, except that such Commissioner
may not continue to serve more than 1 year after the date on
which the term of that Commissioner would otherwise expire
under this subsection.
(c) Restrictions on Outside Activities.--
(1) Political affiliation.--Not more than 3 Commissioners
may be affiliated with the same political party.
(2) Conflicts of interest.--No individual may serve as a
Commissioner if that individual--
(A) is in the employ of, holding any official relation to,
or married to any person engaged in selling or devising
consumer financial products;
(B) owns stock or bonds of substantial value in a person so
engaged;
(C) is in any other manner pecuniarily interested in a
person so engaged; or
(D) engages in any other business, vocation, or employment.
(d) Vacancies; Quorum; Seal; Vice Chairperson.--
(1) Vacancies.--No vacancy on the Commission shall impair
the right of the remaining Commissioners to exercise all the
powers of the Commission.
(2) Quorum.--Three members of the Commission shall
constitute a quorum for the transaction of business, except
that--
(A) if there are only 3 members serving on the Commission
because of vacancies on the Commission, 2 members of the
Commission shall constitute a quorum for the transaction of
business; and
(B) if there are only 2 members serving on the Commission
because of vacancies on the Commission, 2 members shall
constitute a quorum for the 6-month period (or the 1-year
period, if the 2 members are not affiliated with the same
political party) beginning on the date of the vacancy which
caused the number of Commissioners to decline to 2.
(3) Seal.--The Commission shall have an official seal, of
which judicial notice shall be taken.
(4) Vice chairperson.--The Commission shall annually elect
a Vice Chairperson to act in the absence or disability of the
Chairperson or in case of a vacancy in the office of the
Chairperson.
(e) Offices.--The Commission shall maintain a principal
office and such field offices as it determines necessary, and
may meet and exercise any of its powers at any other place.
(f) Functions of Chairperson; Request for Appropriations.--
(1) Duties.--The Chairperson shall be the principal
executive officer of the Commission, and shall exercise all
of the executive and administrative functions of the
Commission, including functions of the Commission with
respect to--

[[Page S2976]]

(A) the appointment and supervision of personnel employed
by the Commission (and the Commission shall fix their
compensation at a level comparable to that for employees of
the Securities and Exchange Commission);
(B) the distribution of business among personnel appointed
and supervised by the Chairperson and among administrative
units of the Commission; and
(C) the use and expenditure of funds.
(2) Governance.--In carrying out any of the functions of
the Chairperson under this subsection, the Chairperson shall
be governed by general policies of the Commission and by such
regulatory decisions, findings, and determinations as the
Commission may, by law, be authorized to make.
(3) Requests for appropriations.--Requests or estimates for
regular, supplemental, or deficiency appropriations on behalf
of the Commission may not be submitted by the Chairperson
without the prior approval of a majority vote of the
Commission.
(g) Agenda and Priorities; Establishment and Comments.--Not
later than 30 days before the beginning of each fiscal year,
the Commission shall establish an agenda for Commission
action under its jurisdiction and, to the extent feasible,
shall establish priorities for such actions. Before
establishing such agenda and priorities, the Commission shall
conduct a public hearing on the agenda and priorities, and
shall provide reasonable opportunity for the submission of
comments.

SEC. 5. OBJECTIVES AND RESPONSIBILITIES.

(a) Objectives.--The objectives of the Commission are--
(1) to minimize unreasonable consumer risk associated with
buying and using consumer financial products;
(2) to prevent and eliminate practices that lead consumers
to incur unreasonable, inappropriate, or excessive debt, or
make it difficult for consumers to repay existing debt,
including practices or product features that are abusive,
fraudulent, unfair, deceptive, predatory, anticompetitive, or
otherwise inconsistent with consumer protection;
(3) to promote practices that assist and encourage
consumers to use credit and consumer financial products
responsibly, avoid excessive debt, and avoid unnecessary or
excessive charges derived from or associated with consumer
financial products;
(4) to ensure that providers of consumer financial products
provide credit based on the ability of the consumer to repay
the debt incurred;
(5) to ensure that consumer credit history is maintained,
reported, and used fairly and accurately;
(6) to maintain strong privacy protections for consumer
transactions, credit history, and other personal information
associated with the use of consumer financial products;
(7) to collect, investigate, resolve, and inform the public
about consumer complaints regarding consumer financial
products;
(8) to ensure a fair resolution of consumer disputes
regarding consumer financial products; and
(9) to take such other steps as are reasonable to protect
users of consumer financial products.
(b) Responsibilities.--The Commission shall--
(1) promulgate consumer financial product safety rules
that--
(A) ban abusive, fraudulent, unfair, deceptive, predatory,
anticompetitive, or otherwise anticonsumer practices,
products, or product features;
(B) place reasonable restrictions on consumer financial
products, practices, or product features to reduce the
likelihood that they may be provided in a manner that is
inconsistent with the objectives specified in subsection (a);
and
(C) establish requirements for such clear and adequate
warnings or other information, and the form and manner of
delivery of such warnings or other information, as may be
appropriate to advance the objectives specified in subsection
(a);
(2) establish and maintain a best practices guide for all
providers of consumer financial products;
(3) conduct such continuing studies and investigations of
consumer financial products industry practices as it
determines necessary;
(4) award grants or enter into contracts for the conduct of
such studies and investigations with any person (including a
governmental entity), as necessary to advance the objectives
specified in subsection (a);
(5) following publication of a rule, assist public and
private organizations or groups of consumer financial product
providers, administratively and technically, in the
development of safety standards or guidelines that would
assist such providers in complying with such rule;
(6) comment on selected rulemakings of agencies designated
in section 6(d) affecting consumer financial products; and
(7) establish and operate a consumer financial product
customer hotline which consumers can call to register
complaints and receive information on how to combat
anticonsumer products or practices.

SEC. 6. COORDINATION OF ENFORCEMENT.

(a) In General.--Notwithstanding any concurrent or similar
authority of any other agency, the Commission shall enforce
the requirements of this Act.
(b) Rule of Construction.--The authority granted to the
Commission to make and enforce rules under this Act shall not
be construed to impair the authority of any other Federal
department or agency to make and enforce rules under any
other provision of law, provided that any portion of any rule
promulgated by any other such department or agency that
conflicts with a rule promulgated by the Commission and that
is less protective of consumers than the rule promulgated by
the Commission shall be superseded by the rule promulgated by
the Commission, to the extent of the conflict. Any portion of
any rule promulgated by any other such department or agency
that is not superseded by a rule promulgated by the
Commission shall remain in force without regard to this Act.
(c) Agency Authority.--Any department or agency designated
in subsection (d) may exercise, for the purpose of enforcing
compliance with any requirement imposed under this Act, any
authority conferred on such department or agency by any other
Act.
(d) Designated Departments and Agencies.--The departments
and agencies designated in this subsection are--
(1) the Board of Governors of the Federal Reserve System;
(2) the Federal Deposit Insurance Corporation;
(3) the Office of the Comptroller of the Currency;
(4) the Office of Thrift Supervision;
(5) the National Credit Union Administration;
(6) the Federal Housing Finance Authority;
(7) the Federal Housing Administration;
(8) the Department of Housing and Urban Development;
(9) the Federal Home Loan Bank Board;
(10) the Federal Trade Commission; and
(11) any successor to the agencies, referred to in
paragraphs (1) through (10), as may be constituted.
(e) Coordination of Rulemaking.--Any department or agency
designated in subsection (d) that engages in a rulemaking
affecting consumer financial products shall consult with the
Commission in the promulgation of such rules.

SEC. 7. AUTHORITIES.

(a) Authority To Conduct Hearings or Other Inquiries.--
(1) In general.--The Commission may, by one or more of its
members, or by such agents or agency as it may designate,
conduct any hearing or other inquiry necessary or appropriate
to its functions anywhere in the United States.
(2) Member participation.--A Commissioner who participates
in a hearing, or other inquiry described in paragraph (1),
shall not be disqualified solely by reason of such
participation from subsequently participating in a decision
of the Commission in the same matter.
(3) Notice required.--The Commission shall publish notice
of any proposed hearing in the Federal Register, and shall
afford a reasonable opportunity for interested persons to
present relevant testimony and data.
(b) Commission Powers; Orders.--The Commission shall have
the power--
(1) to require, by special or general orders, any person to
submit in writing such reports and answers to questions as
the Commission may prescribe to carry out a specific
regulatory or enforcement function of the Commission, and
such submission shall be made within such reasonable period
and under oath or otherwise as the Commission may determine,
and such order shall contain a complete statement of the
reasons that the Commission requires the report or answers
specified in the order to carry out a specific regulatory or
enforcement function of the Commission;
(2) to administer oaths;
(3) to require by subpoena the attendance and testimony of
witnesses and the production of all documentary evidence
relating to the execution of its duties;
(4) in any proceeding or investigation to order testimony
to be taken by deposition before any person who is designated
by the Commission and has the power to administer oaths and,
in such instances, to compel testimony and the production of
evidence in the same manner as authorized under paragraph
(3);
(5) to pay witnesses the same fees and mileage costs as are
paid in like circumstances in the courts of the United
States;
(6) to accept voluntary and uncompensated services relevant
to the performance of the duties of the Commission,
notwithstanding the provisions of section 1342 of title 31,
United States Code, and to accept voluntary and uncompensated
services (but not gifts) relevant to the performance of the
duties of the Commission provided that any such services
shall not be from parties that have or are likely to have
business before the Commission;
(7) to--
(A) issue an order requiring compliance with applicable
legal requirements;
(B) issue a civil penalty order in accordance with section
10(b);
(C) initiate, prosecute, defend, intervene in, or appeal
(other than to the Supreme Court of the United States),
through its own legal representative and in the name of the
Commission, any civil action, if the Commission makes a
written request to the Attorney General of the United States
for representation in such civil action and the Attorney
General does not, within the 45-day period beginning on the
date on which such request was made, notify the Commission in

[[Page S2977]]

writing that the Attorney General will represent the
Commission in such civil action; and
(D) whenever the Commission obtains evidence that any
person has engaged in conduct that may constitute a violation
of Federal criminal law, including a violation of section 9,
transmit such evidence to the Attorney General of the United
States; and
(8) to delegate any of its functions or powers, other than
the power to issue subpoenas under paragraph (3), to any
officer or employee of the Commission.
(c) Noncompliance With Subpoena or Commission Order.--If a
person refuses to obey a subpoena or order of the Commission
issued under subsection (b), the Commission (subject to
subsection (b)(7)) or the Attorney General of the United
States may bring an action in the United States district
court for the district and division in which the inquiry is
carried out or any other appropriate United States district
court seeking an order requiring compliance with the subpoena
or order.
(d) Disclosure of Information.--No person shall be subject
to civil liability to any person (other than the Commission
or the United States) for disclosing information to the
Commission.
(e) Customer and Revenue Data.--The Commission may, by
rule, require any provider of consumer financial products to
provide to the Commission such customer and revenue data as
may be required to carry out this Act.
(f) Purchase of Consumer Financial Products by
Commission.--For purposes of carrying out this Act, the
Commission may purchase any consumer financial product and it
may require any provider of consumer financial products to
sell the product to the Commission at cost.
(g) Contract Authority.--The Commission is authorized to
enter into contracts with governmental entities, private
organizations, or individuals for the conduct of activities
authorized by this Act.
(h) Budget Estimates and Requests; Legislative
Recommendations; Testimony; Comments on Legislation.--
(1) Budget copies to congress.--Whenever the Commission
submits any budget estimate or request to the President or
the Office of Management and Budget, it shall concurrently
transmit a copy of that estimate or request to the
appropriate committees of Congress.
(2) Legislative recommendation.--Whenever the Commission
submits any legislative recommendations, testimony, or
comments on legislation to the President or the Office of
Management and Budget, it shall concurrently transmit a copy
thereof to the appropriate committees of Congress. No officer
or agency of the United States shall have any authority to
require the Commission to submit its legislative
recommendations, testimony, or comments on legislation, to
any officer or agency of the United States for approval,
comments, or review, prior to the submission of such
recommendations, testimony, or comments to the appropriate
committees of Congress.

SEC. 8. COLLABORATION WITH FEDERAL AND STATE ENTITIES.

(a) Preemption.--Nothing in this Act or any rule
promulgated under this Act may be construed to annul, alter,
affect, or exempt any person from complying with the laws of
any State, except to the extent that those laws are
inconsistent with a consumer financial product safety rule
promulgated by the Commission, and then only to the extent of
the inconsistency. For purposes of this section, a State law
is not inconsistent with this Act or a consumer financial
product safety rule, or the purposes of the Act or rule, if
the protection afforded by such State law to any consumer is
greater than the protection provided by the consumer
financial product safety rule or this Act. Nothing in this
Act or any rule promulgated under this Act precludes any
remedy under State law to or on behalf of a consumer.
(b) Programs To Promote Federal-State Cooperation.--
(1) In general.--The Commission shall establish a program
to promote cooperation between the Federal Government and
State governments for purposes of carrying out this Act.
(2) Authorities.--In implementing the program under
paragraph (1), the Commission may--
(A) accept from any State or local authority engaged in
activities relating to consumer protection assistance in such
functions as data collection, investigation, and educational
programs, as well as other assistance in the administration
and enforcement of this Act which such States or local
governments may be able and willing to provide and, if so
agreed, may pay in advance or otherwise for the reasonable
cost of such assistance; and
(B) commission any qualified officer or employee of any
State or local government agency as an officer of the
Commission for the purpose of conducting investigations.
(c) Cooperation of Federal Departments and Agencies.--The
Commission may obtain from any Federal department or agency
such statistics, data, program reports, and other materials
as it may determine necessary to carry out its functions
under this Act. Each such department or agency shall
cooperate with the Commission and, to the extent permitted by
law, furnish such materials to the Commission. The Commission
and the heads of other departments and agencies engaged in
administering programs relating to consumer financial product
safety shall, to the maximum extent practicable, cooperate
and consult in order to ensure fully coordinated efforts.

SEC. 9. PROHIBITED ACTS.

It shall be unlawful for any person--
(1) to advertise, offer, or attempt to enforce any
agreement, term, change in term, fee, or charge in connection
with any consumer financial product, or engage in any
practice, that is not in conformity with this Act or an
applicable consumer financial product safety rule under this
Act; or
(2) to fail or refuse to permit access to or copying of
records, or fail or refuse to establish or maintain records,
or fail or refuse to make reports or provide information to
the Commission, as required under this Act or any rule under
this Act.

SEC. 10. ENFORCEMENT.

(a) Criminal Penalties.--
(1) Knowing and willful violations.--Any person who
knowingly and willfully violates section 9 shall be fined not
more than $500,000, imprisoned not more than 1 year, or both
for each such violation.
(2) Executives and agents.--Any individual director,
officer, or agent of a business entity who knowingly and
willfully authorizes, orders, or performs any of the acts or
practices constituting in whole or in part a violation of
section 9 shall be subject to penalties under this section,
without regard to any penalties to which that person may be
otherwise subject.
(b) Civil Penalties.--
(1) In general.--Any person who violates section 9 shall be
subject to a civil penalty in an amount established under
paragraph (2). A violation of section 9 shall constitute a
separate civil offense with respect to each consumer
financial product transaction involved.
(2) Publication of schedule of penalties.--Not later than
December 1, 2009, and December 1 of each fifth year
thereafter, the Commission shall prescribe and publish in the
Federal Register a schedule of the maximum authorized civil
penalty that shall apply for any violation of section 9 that
occurs on or after January 1 of the year immediately
following the date of such publication.
(3) Relevant factors in determining amount of penalty.--In
determining the amount of any civil penalty in an action for
a violation of section 9, the Commission--
(A) shall consider--
(i) the nature of the consumer financial product;
(ii) the severity of the unreasonable risk to the consumer;
(iii) the number of products or services sold or
distributed;
(iv) the occurrence or absence of consumer injury; and
(v) the appropriateness of such penalty in relation to the
size of the business of the person charged; and
(B) shall ensure that penalties in each case are sufficient
to induce compliance by all regulated entities.
(4) Compromise of penalty; deductions from penalty.--
(A) In general.--Any civil penalty under this section may
be compromised by the Commission.
(B) Considerations.--In determining the amount of such
penalty or whether it should be remitted or mitigated and in
what amount, the Commission--
(i) shall consider--

(I) the nature of the consumer financial product;
(II) the severity of the unreasonable risk to the consumer;
(III) the number of offending products or services sold;
(IV) the occurrence or absence of consumer injury; and
(V) the appropriateness of such penalty to the size of the
business of the person charged; and

(ii) shall ensure that compromise penalties remain
sufficient to induce compliance by all regulated entities.
(C) Amount.--The amount of a penalty compromised under this
paragraph, when finally determined, or the amount agreed on
compromise, may be deducted from any sums owing by the United
States to the person charged.
(c) Collection and Use of Penalties.--
(1) Establishment of fund.--There is established within the
Treasury of the United States a fund, into which shall be
deposited all criminal and civil penalties collected under
this section.
(2) Use of fund.--The fund established under this
subsection shall be used to defray the costs of the
operations of the Commission or, where appropriate, provide
restitution to harmed consumers.
(d) Private Enforcement.--
(1) In general.--A person may bring a civil action for a
violation of section 9 for equitable relief and other charges
and costs in an amount equal to the sum of--
(A) any actual damages sustained by such person as a result
of such violation, if actual damages resulted;
(B) twice the amount of any finance charge in connection
with the transaction, except that such liability shall not be
less than $1,000, such minimum to be adjusted on an annual
basis by the Commission based upon the consumer price index;
and
(C) reasonable attorney fees and costs.
(e) Jurisdiction.--
(1) In general.--Any action under this Act may be brought
in any appropriate United

[[Page S2978]]

States district court, or in any other court of competent
jurisdiction, not later than 2 years after the date of the
discovery of the violation.
(2) Rules of construction.--This section does not bar a
person from asserting a violation of this Act in an action to
collect a debt, or if foreclosure has been initiated, as a
matter of defense by recoupment or set-off. An action under
this Act shall not be the basis for removal of an action to a
United States district court. Neither this section nor any
other section of this Act preempts or otherwise displaces
claims and remedies available under State law, except as
otherwise specifically provided in this Act.
(f) State Actions for Violations.--
(1) Authority of states.--In addition to such other
remedies as are provided under State law, if the chief law
enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating section 9, the State--
(A) may bring an action to enjoin such violation in any
appropriate United States district court or in any other
court of competent jurisdiction;
(B) may bring an action on behalf of the residents of the
State to recover--
(i) damages for which the person is liable to such
residents under subsection (d) as a result of the violation;
and
(ii) civil penalties, as established under subsection (b);
and
(C) in the case of any successful action under subparagraph
(A) or (B), shall be awarded the costs of the action and
reasonable attorney fees, as determined by the court.
(2) Rights of federal regulators.--
(A) Notice of state action.--A State shall serve prior
written notice of any action under paragraph (1) upon the
Commission and provide the Commission with a copy of its
complaint, except in any case in which such prior notice is
not feasible, in which case the State shall serve such notice
immediately upon instituting such action.
(B) Commission authorization.--Upon notice of an action
under subparagraph (A), the Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on all matters
arising therein;
(iii) to remove the action to the appropriate United States
district court; and
(iv) to file petitions for appeal.
(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection or
in any other provision of Federal law shall prevent the chief
law enforcement officer of a State, or an official or agency
designated by a State, from exercising the powers conferred
on the chief law enforcement officer or such official by the
laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other
evidence.
(4) Limitation on state action while federal action
pending.--If the Commission has instituted a civil action or
an administrative action for a violation of section 9, a
State may not, during the pendency of such action, bring an
action under this section against any defendant named in the
complaint of the Commission for any violation of section 9
that is alleged in that complaint.

SEC. 11. REPORTS.

(a) Reports to the Public.--The Commission shall determine
what reports should be produced and distributed to the public
on a recurring and ad hoc basis, and shall prepare and
publish such reports on a website that provides free access
to the general public.
(b) Report to the President and Congress.--
(1) In general.--The Commission shall prepare and submit to
the President and the appropriate committees of Congress, at
the beginning of each regular session of Congress, a
comprehensive report on the administration of this Act for
the preceding fiscal year.
(2) Report content.--The reports required by this
subsection shall include--
(A) a thorough appraisal, including statistical analyses,
estimates, and long-term projections, of the incidence and
effects of practices associated with the provision of
consumer financial products that are inconsistent with the
objectives specified in section 5(a), with a breakdown,
insofar as practicable, among the various sources of injury,
as the Commission finds appropriate;
(B) a list of consumer financial product safety rules
prescribed or in effect during such year;
(C) an evaluation of the degree of observance of consumer
financial product safety rules, including a list of
enforcement actions, court decisions, and compromises of
civil penalties, by location and company name;
(D) a summary of outstanding problems confronting the
administration of this Act in order of priority;
(E) an analysis and evaluation of public and private
consumer financial product safety research activities;
(F) a list, with a brief statement of the issues, of
completed or pending judicial actions under this Act;
(G) the extent to which technical information was
disseminated to the research and consumer communities and
consumer information was made available to the public;
(H) the extent of cooperation between Commission officials,
representatives of the consumer financial products industry,
and other interested parties in the implementation of this
Act, including a log or summary of meetings held between
Commission officials and representatives of industry and
other interested parties;
(I) an appraisal of significant actions of State and local
governments relating to the responsibilities of the
Commission;
(J) such recommendations for additional legislation as the
Commission deems necessary to carry out the purposes of this
Act; and
(K) the extent of cooperation with, and the joint efforts
undertaken by, the Commission in conjunction with other
regulators with whom the Commission shares responsibilities
for consumer financial product safety.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission
for purposes of carrying out this Act such sums as may be
necessary.
____

56 Diverse National, State Organizations Support Financial Product
Safety Commission

Hon. Richard J. Durbin
Majority Whip, U.S. Senate
Washington, DC.
Hon. William Delahunt
House of Representatives
Washington, DC.
Hon. Charles Schumer
U.S. Senate
Washington, DC.
Hon. Brad Miller
House of Representatives
Washington, DC.
Dear Senators Durbin and Schumer and Representatives
Delahunt and Miller: The undersigned organizations strongly
support your legislation to create a federal Financial
Product Safety Commission (FPSC) that would ensure the
fairness, safety and sustainability of credit and payment
products. It is now widely accepted that the current
international economic crisis was triggered by the failure of
federal regulators to stop abusive lending, particularly in
the housing sector. By creating a separate agency focused
exclusively on credit safety, your legislation will not only
better protect consumers, but the entire economy.
Under this legislation, the FPSC would be empowered to
ensure that credit and payment products do not have predatory
or deceptive features that can harm consumers or lock them
into unaffordable loans, such as pre-payment penalties,
unjustified fees, or hair-trigger interest rate increases.
The agency would also conduct ongoing research and
investigation into credit industry products and services. In
addition, it would provide consumers with high-quality
information about how to avoid abusive lending or credit
problems. This approach offers two crucial improvements over
the current splintered, ineffectual regulatory system:
A FPSC would put consumer protection first. Federal
regulatory agencies have often treated consumer protection as
less important than or even in conflict with their mission to
ensure the safety and soundness of financial institutions. In
addition, the independence of regulators like the Office of
the Comptroller of the Currency and Office of Thrift
Supervision has been threatened because they are directly and
almost entirely funded by the institutions they oversee. As a
result, federal agencies dithered for years in implementing
regulations to stop unfair and deceptive mortgage and credit
card lending practices, finally producing only after the
current foreclosure and consumer debt crisis took hold.
Regulators have left other types of dangerous products
completely untouched, such as high-cost ``overdraft'' loans
that are triggered without consumer permission. The FPSC
would be required to make consumer protection its top
priority, which will also better ensure the soundness of
financial institutions.
A FPSC would stop regulatory agencies from competing among
themselves to lower standards. Right now, financial
institutions freely switch charters between federal and state
regulation, and between various federal charters, in order
to reduce the level of oversight and the costs associated
with it. Under a FPSC, regulated institutions could not
choose the agency that regulates them. The FPSC would be
empowered to establish federal minimum standards for all
credit products and the institutions that offer them, so
that competition between state and federal regulators
would only exist to improve the quality of consumer
protection.
Unless the structure of financial services regulation is
realigned to change not just the focus of regulation but its
underlying philosophy, it is unlikely that consumers will be
adequately protected from unfair or dangerous credit products
in the future. The ultimate result of this crucial
legislation would be an agency designed to protect consumers
from the corrosive effects of unsafe credit, which has a
regulatory perspective that is truly independent of the
institutions it regulates. Just as importantly, this agency
would not be under constant pressure to keep protection
standards low. You have created a template for regulatory
modernization that will protect consumers, financial
institutions and the economy for years to come.
We applaud your leadership on this issue and look forward
to working with you to enact this proposal.
Sincerely,
Gregory L. Jefferson, Sr., Legislative Representative,
American Federation of Labor

[[Page S2979]]

and Congress of Industrial Organizations (AFL-CIO).
Jim Campen, Executive Director, Americans for Fairness in
Lending.
Linda Sherry, Director, National Priorities, Consumer
Action.
Mike Calhoun, President, Center for Responsible Lending.
Travis Plunkett, Legislative Director, Consumer Federation
of America.
Rosemary Shahan, President, Consumers for Auto Reliability
and Safety.
Pamela Banks, Policy Counsel, Consumers Union.
Tamara Draut, Vice President of Policy & Programs, Demos.
Alan Reuther, Legislative Director, International Union,
United Automobile, Aerospace & Agricultural Implement Workers
of America (UAW).
Wade Henderson, President & CEO, Leadership Conference on
Civil Rights.
Hilary O. Shelton, Vice President for Advocacy/Director,
NAACP Washington Bureau.
Ricardo C. Byrd, Executive Director, National Association
of Neighborhoods.
John Taylor, President and CEO, National Community
Reinvestment Coalition.
Lauren Saunders, Managing Attorney, National Consumer Law
Center.
Sally Greenberg, Executive Director, National Consumers
League.
Janis Bowdler, Associate Director, Wealth-Building Policy
Project, National Council of La Raza.
Shanna L. Smith, President and CEO, National Fair Housing
Alliance.
David Arkush, Director, Public Citizen's Congress Watch.
Alison Reardon, Director of Legislation, Service Employees
International Union.
Ed Mierzwinski, Consumer Programs Director, U.S. PIRG.

State Organizations

Kimble Forrister, Statewide Coordinator, Alabama Arise
Leslie Kyman Cooper, Executive Director, Phyllis Rowe,
President Emeritus, Arizona Consumers Council
Diane E. Brown, Executive Director, Arizona PIRG
Albert Sterman, Secretary/Treasurer, Democratic Processes
Center, Arizona
H. C. ``Hank'' Klein, Founder, Arkansans Against Abusive
Payday Lending
Alan Fisher, Executive Director, California Reinvestment
Coalition
Jim Bliesner, Director, San Diego City/County Reinvestment
Task Force, California
Lynn Drysdale, Managing Attorney, Consumer Law Unit,
Jacksonville Area Legal Aid, Inc., Florida
Bill Newton, Executive Director, Florida Consumer Action
Network
Brad Ashwell, Consumer & Public Health Advocate, Florida
Public Interest Research Group
Dan McCurry, Coordinator, Chicago Consumer Coalition,
Illinois
Lynda DeLaforgue and William McNary, Co-Executive
Directors, Citizen Action/Illinois
Brian C. White, Executive Director, Lakeside Community
Development Corporation, Illinois
Rose Mary Meyer, Director, Project IRENE, Illinois
Larry M. McGuire, Field Missionary Coordinator, Community
of Christ and Inter-Religious Council of Linn County, Iowa
Jason Selmon, Executive Director, Sunflower Community
Action, Kansas
Richard Seckel, Director, Kentucky Equal Justice Center
Charles Shafer, President, Maryland Consumer Rights
Coalition
Debra Gardner, Legal Director, Public Justice Center,
Maryland
Paul Schlaver, Chair, Massachusetts Consumers' Coalition
Paheadra B. Robinson, Staff Attorney, Mississippi Center
for Justice
Mike Cherry, President/CEO, Consumer Credit Counseling of
Springfield, Missouri, Inc.
Dan L. Wulz, Deputy Executive Director, Legal Aid Center of
Southern Nevada, Inc.
Peter Skillern, Executive Director, Community Reinvestment
Association of North Carolina
Al Ripley, Counsel for Consumer and Housing Affairs, NC
Justice Center
Jim McCarthy, President/CEO, Miami Valley Fair Housing
Center, Inc., Ohio
Sue Berkowitz, Director, South Carolina Appleseed Legal
Justice Center
Corky Neale, Director of Research, Memphis Responsible
Lending Collaborative, Tennessee
Don E. Baylor, Jr., Senior Policy Analyst--Economic
Opportunity, Center for Public Policy Priorities, Texas
Alex R. Gulotta, Executive Director, Legal Aid Justice
Center, Virginia
Michael H. Lane and Ward R Scull, Co-Founders, Virginians
Against Payday Loans
Irene E. Leech, President, Virginia Citizens Consumer
Council
Janice ``Jay'' Johnson, Chairperson, Virginia Organizing
Project
James W. (Jay) Speer, Executive Director, Virginia Poverty
Law Center
Bruce D. Neas, Legislative Coordinator, Columbia Legal
Services on behalf of clients, Washington
Catherine M. Doyle, Chief Staff Attorney, Legal Aid Society
of Milwaukee, Inc., Milwaukee, Wisconsin

____________________