[Congressional Record Volume 153, Number 177 (Thursday, November 15, 2007)]
[Daily Digest]
[Pages D1538-D1540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D1538]]




                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced:  61 public bills, H.R. 4190-
4250; and 13 resolutions, H. Con. Res. 259-263; and H. Res. 828-836 
were introduced.                                        
  Pages H14080-83
Additional Cosponsors:                                      
  Page H14083
Reports Filed: Reports were filed today as follows:
  H.R. 2406, to authorize the National Institute of Standards and 
Technology to increase its efforts in support of the integration of the 
healthcare information enterprise in the United States, with an 
amendment (H. Rept. 110-451);
  H. Res. 661, honoring the accomplishments of Barrington Antonio 
Irving, the youngest pilot and first person of African descent ever to 
fly solo around the world, with amendments (H. Rept. 110-452);
  H. Res. 772, recognizing the American Highway Users Alliance on the 
occasion of its 75th anniversary (H. Rept. 110-453);
  H.R. 409, to amend title 23, United States Code, to inspect highway 
tunnels (H. Rept. 110-454);
  H.R. 3712, to designate the Federal building and United States 
courthouse located at 1716 Spielbusch Avenue in Toledo, Ohio, as the 
``James M. & Thomas W.L. Ashley Customs Building and United States 
Courthouse'', with amendments (H. Rept. 110-455);
  H.R. 3985, to amend title 49, United States Code, to direct the 
Secretary of Transportation to register a person providing 
transportation by an over-the-road bus as a motor carrier of passengers 
only if the person is willing and able to comply with certain 
accessibility requirements in addition to other existing requirements 
(H. Rept. 110-456); and H.R. 2768, to establish improved mandatory 
standards to protect miners during emergencies, with an amendment (H. 
Rept. 110-457).                                             
Page H14080
Speaker: Read a letter from the Speaker wherein she appointed 
Representative Altmire to act as Speaker Pro Tempore for today. 
                                                            Page H13961
Mortgage Reform and Anti-Predatory Lending Act of 2007: The House 
passed H.R. 3915, to amend the Truth in Lending Act to reform consumer 
mortgage practices and provide accountability for such practices, to 
establish licensing and registration requirements for residential 
mortgage originators, and to provide certain minimum standards for 
consumer mortgage loans, by a yea-and-nay vote of 291 yeas to 127 nays, 
Roll No. 1118.                                      
  Pages H13978-H14037
  Rejected the Blackburn motion to recommit the bill to the Committee 
on Financial Services with instructions to report the same back to the 
House forthwith with amendments, by a recorded vote of 188 ayes to 231 
noes, Roll No. 1117.                                    
Pages H14035-37
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Financial Services now printed in the 
bill shall be considered as an original bill for the purpose of 
amendment under the five-minute rule.                       
Page H13789
  Agreed by unanimous consent that amendment No. 16 printed in H. Rept. 
110-450 may be offered out of sequence.            
Pages H14011, H14018
  Agreed by unanimous consent that amendment No. 10 printed in H. Rept. 
110-450 may be offered out of sequence.                     
Page H14018
Accepted:
  Frank (MA) manager's amendment (No. 1 printed in H. Rept. 110-450) 
that makes a number of technical and conforming changes as well as 
enhancements to the bill including the following: (1) clarifies the 
definition of loan originator; (2) narrows the scope of the preemption 
provision to make it clear that states cannot use or adopt state laws 
against securitizers/assignees for violations of the national standards 
or to impose remedies outside of the unique Federal remedy established 
in the bill, and to make it clear that actions for fraud, 
misrepresentation, deception, false advertising or civil rights laws 
are not preempted; (3) clarifies the registration requirements for the 
Nationwide Mortgage Licensing System and Registry; (4) allows consumers 
to obtain a cure from assignee or securitizer if creditor or other 
assignees cease to exist or go bankrupt; (5) clarifies the incentive 
compensation provision; and (6) adds a monthly disclosure requirement 
for mortgages;                                          
Pages H14005-06
  Kanjorski amendment (No. 2 printed in H. Rept. 110-450) that, 
reflecting provisions from H.R. 3837, betters consumer protection by 
improving mortgage servicing, protecting appraiser independence, 
ensuring better appraisal quality and regulatory oversight, requiring 
escrows for mortgages for borrowers who might experience difficulty 
with repayment, and establishing disclosure for consumers who waive 
escrow accounts;                                        
Pages H14006-11
  Maloney (NY) amendment (No. 3 printed in H. Rept. 110-450) that 
requires a borrower to receive the option of a mortgage without a 
prepayment penalty, if they are offered an amendment with a prepayment 
penalty. The amendment sets the maximum time for a prepayment penalty 
of 3 years and a maximum prepayment amount of 3% of the loan

[[Page D1539]]

for the first year, 2% for the second year and 1% for the third year; 
                                                        Pages H14012-13
  Putnam amendment (No. 10 printed in H. Rept. 110-450) that directs 
the GAO to conduct a study to determine the effects the enactment of 
H.R. 3915 will have on the availability and affordability of credit for 
homebuyers and mortgage lending, and to submit a report to Congress 
containing the findings and conclusions within one year of the 
enactment of the legislation;                           
Pages H14020-21
  Watt amendment (No. 8 printed in H. Rept. 110-450) to the Hensarling 
amendment (No. 7 printed in H. Rept. 110-450) that adds that the 
obligor must have had actual knowledge of the false material 
information for the exemption from liability to take effect; 
                                                        Pages H14022-23
  Hensarling amended amendment (No. 7 printed in H. Rept. 110-450) that 
removes the civil liability of a lender and cancels the right of 
rescission for a borrower in instances when a borrower knowingly lied 
on their mortgage loan application;                     
Pages H14022-23
  Meeks (NY) amendment (No. 9 printed in H. Rept. 110-450) that 
provides that the Nationwide Mortgage Licensing System and Registry 
shall not directly or indirectly offer educational courses for pre-
licensure or continuing education for mortgage originators. In 
approving courses under this Act, the Nationwide Mortgage Licensing 
System and Registry shall apply reasonable standards in the review and 
approval of courses;                                    
Pages H14023-24
  Brown-Waite amendment (No. 11 printed in H. Rept. 110-450) that 
excludes loans insured by the Federal Housing Administration from the 
provisions of the bill;                                 
Pages H14024-25
  Al Green (TX) amendment (No. 14 printed in H. Rept. 110-450) that 
states that educational requirements include instruction on fraud, 
consumer protection, and fair lending issues; and       
Pages H14028-29
  Sutton amendment (No. 18 printed in H. Rept. 110-450) that requires 
loan creditors or servicers to provide a written notice to consumers 
with hybrid adjustable rate mortgages six months before their interest 
rates are due to reset. This notice would state the new interest rate, 
an explanation of how the new interest rate would be determined, the 
creditor's or servicer's good faith estimate of the monthly payment 
that will apply after the reset, a list of alternatives consumers may 
pursue before the date of adjustment or reset, and contact information 
for local HUD-approved housing counseling agencies and the state 
housing finance authority.                              
Pages H14031-33
Rejected:
  Watt amendment (No. 4 printed in H. Rept. 110-450) that sought to 
allow for actual damages in the liability section (by a recorded vote 
of 169 ayes to 250 noes, Roll No. 1112);     
Pages H14013-14, H14014-15
  Watt amendment (No. 5 printed in H. Rept. 110-450) that sought to 
require the assignee to have policies/procedures and to cure the loan 
to avoid being liable for rescission;                   
Pages H14019-20
  Price (GA) amendment (No. 16 printed in H. Rept. 110-450) that sought 
to exempt prime loans from the bill (by a recorded vote of 172 ayes to 
249 noes, Roll No. 1114);                       
Pages H14014-15, H14033
  Garrett (NJ) amendment (No. 12 printed in H. Rept. 110-450) that 
sought to strike the rebuttable presumption under section 203, stating 
that all qualified safe harbor loans that meet the requirements listed 
in section 203(c)(3)(C) fall under the safe harbor (by a recorded vote 
of 188 ayes to 229 noes, Roll No. 1115); and 
                                             Pages H14025-26, H14033-34
  McHenry amendment (No. 15 printed in H. Rept. 110-450) that sought to 
strike Title III--High-Cost Mortgages from the bill (by a recorded vote 
of 168 ayes to 244 noes, Roll No. 1116).     
Pages H14029-31, H14034-35
Withdrawn:
  Watt amendment (No. 6 printed in H. Rept. 110-450) that was offered 
and subsequently withdrawn that would have changed the irrebuttable 
presumption under section 203 to a rebuttable presumption for all 
mortgages that allow a borrower to defer payment of principal or 
interest;                                               
Pages H14021-22
  Frank (MA) amendment (No. 13 printed in H. Rept. 110-450) that was 
offered and subsequently withdrawn that would have allowed regulators 
to fine mortgage originators, assignees and securitizers who more than 
occasionally (``pattern or practice'') violate the minimum standards 
for loans established in the bill at least $1 million, $25,000 per 
loan. Proceeds would be held in trust by the US Treasury for the 
benefit of borrowers who have no other avenue for obtaining a remedy; 
and                                                     
Pages H14026-28
  Van Hollen amendment (No. 17 printed in H. Rept. 110-450) that was 
offered and subsequently withdrawn that would have required that in the 
case of a residential mortgage loan, closing costs may not exceed by 
more than 10% any estimate of closing costs disclosed to the consumer 
in advance of closing.                                      
Page H14031
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                
Page H14037
  H. Res. 825, the rule providing for consideration of the bill, was 
agreed to by voice vote after agreeing to order the previous question 
by a yea-and-nay vote of 224 yeas to 195 nays, Roll No. 1109. 
                                                Pages H13764-69, H13977

[[Page D1540]]

Adjournment Resolution: The House agreed to H. Con. Res. 259, providing 
for an adjournment or recess of the two Houses, by a yea-and-nay vote 
of 214 yeas to 196 nays, Roll No. 1113.                     
  Page H14018
Discharge Petition: Representative Aderholt moved to discharge the 
Committee on Rules from the consideration of H. Res. 748, providing for 
the consideration of the bill (H.R. 3584) to amend title XXI of the 
Social Security Act to extend funding for 18 months for the State 
Children's Health Insurance Program (SCHIP), and for other purposes 
(Discharge Petition No. 4).                                 
  Page H14086
RESTORE Act of 2007: The House passed H.R. 3773, to amend the Foreign 
Intelligence Surveillance Act of 1978 to establish a procedure for 
authorizing certain acquisitions of foreign intelligence, by a recorded 
vote of 227 yeas to 189 nays, Roll No. 1120. Consideration of the 
measure began on October 17th.                          
  Pages H14037-62
  Rejected the Smith (TX) motion to recommit the bill to the Committee 
on the Judiciary with instructions to report the same back to the House 
promptly with amendments, by a yea-and-nay vote of 194 yeas to 222 
nays, Roll No. 1119.                                    
Pages H14059-61
  Pursuant to the rule, the further amendment to H.R. 3773, as amended, 
printed in H. Rept. 110-449 shall be considered as adopted. 
                                                            Page H14059
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                
Page H14063
  H. Res. 824, the rule providing for further consideration of the 
bill, was agreed to by a yea-and-nay vote of 224 yeas to 192 nays, Roll 
No. 1111, after agreeing to order the previous question by a yea-and-
nay vote of 221 yeas to 195 nays, Roll No. 1110. 
                                             Pages H13969-76, H13977-78
Suspension--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measure which was debated on Tuesday, November 
13th:
  Amending title 18 of the United States Code to clarify the scope of 
the child pornography laws: H.R. 4136, amended, to amend title 18 of 
the United States Code to clarify the scope of the child pornography 
laws, by a 2/3 yea-and-nay vote of 416 yeas with none voting ``nay'', 
Roll No. 1121.                                          
  Pages H14062-63
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 2008--Presidential Veto: The House 
voted to sustain the President's veto of H.R. 3043, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2008, by a yea-and-nay vote of 277 yeas to 141 nays, Roll 
No. 1122 (two-thirds of those present not voting to override). 
                                                        Pages H14063-66
  Subsequently, the message (H. Doc. 110-76) and the bill were referred 
to the Committee on Appropriations.                         
Page H14066
Speaker Pro Tempore: Read a letter from the Speaker wherein she 
appointed Representative Hoyer and Representative Van Hollen to act as 
Speaker pro tempore to sign enrolled bills and joint resolutions 
through December 4, 2007.                                   
  Page H14066
Calendar Wednesday: Agreed to dispense with the Calendar Wednesday 
business of Wednesday, December 5th.                        
  Page H14085
Senate Messages: Messages received from the Senate today appear on 
pages H13969 and H14062       .
Senate Referrals: S. 597 and S. 2371 were held at the desk.
Quorum Calls Votes: Eight yea-and-nay votes and six recorded votes 
developed during the proceedings of today and appear on pages H13976, 
H13977, H13977-78, H14015-16, H14018, H14033, H14033-34, H14034-35, 
H14036-37, H14037, H14061, H14061-62, H14062-63, and H14065-66. There 
were no quorum calls.
Adjournment: The House met at 9:00 a.m. and at 11:40 p.m., pursuant to 
the provisions of H. Con. Res. 259, the House stands adjourned until 2 
p.m. on Tuesday, December 4, 2007.