[Congressional Record Volume 155, Number 42 (Tuesday, March 10, 2009)]
[Senate]
[Pages S2966-S2979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          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

                          ____________________