[Congressional Record (Bound Edition), Volume 155 (2009), Part 5]
[Senate]
[Pages 5544-5558]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. VOINOVICH (for himself and Mr. Kohl):
  S. 469. A bill to amend chapter 83 of title 5, United States Code, to 
modify the computation for part-time service under the Civil Service 
Retirement System; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. VOINOVICH. Mr. President, I am pleased to be joined by Senator 
Kohl in introducing legislation to assist many of our Nation's public 
servants who choose to work part-time for a portion of their Federal 
career. The legislation is timely given the increasing number of 
Federal employees eligible to retire and the need for agencies to 
retain an experienced workforce to carry out critical government 
functions.
  Our legislation would change the computation of Civil Service 
Retirement System, CSRS, annuities involving part-time service by 
correcting an anomaly that is a disincentive for employees nearing the 
end of their careers who would like to phase into retirement by working 
part-time. Under current law, if an employee under the CSRS system with 
substantial full-time service before 1986 switches to a part-time 
schedule at the end of his or her career, the high-three average salary 
that is applied to service before 1986 is the pro-rated salary or, if 
higher, the full-time salary from the years before the employee began 
working part-time. This often results in a disproportionate reduction 
in the employee's benefit.
  The legislation would clarify that CSRS annuities based in whole or 
in part on part-time service should be pro-rated for the period of 
service that was performed on a part-time basis. The correction will 
help agencies, as part of their succession planning efforts, in 
retaining the expertise of staff that elect to work on a part-time 
basis at the end of their Federal careers. It is my hope agencies will 
include this tool in their human capital plans to help facilitate the 
transfer of knowledge to the next generation of government leaders.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Klobuchar):
  S. 470. A bill to combat organized crime involving the illegal 
acquisition of retail goods for the purpose of selling those illegally 
obtained goods through physical and online retail marketplaces; to the 
Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I rise to speak about legislation that I 
am introducing today, the Combating Organized Retail Crime Act of 2009. 
This legislation takes important steps to confront the growing problem 
of organized criminal activity involving stolen and resold retail 
goods. This organized retail crime costs retailers billions of dollars 
per year and creates significant health and safety risks for consumers. 
My legislation will toughen criminal laws and put in place effective 
regulatory and information-sharing measures to help retailers, 
secondary marketplaces, and law enforcement agencies work together to 
stop this crime. I am pleased that my colleague Senator Klobuchar is 
joining me in introducing this important legislation, and I look 
forward to working with her and all my colleagues to see it passed into 
law.
  I recently became Chairman of the Senate Crime and Drugs Subcommittee 
and I hope to hold a hearing in the Subcommittee on the problem of 
organized retail crime and the Combating Organized Retail Crime Act. I 
also want to acknowledge that Congressman Bobby Scott, the Chairman of 
the House Crime Subcommittee, and Congressman Brad Ellsworth are each 
introducing bills to crack down on organized retail crime. I look 
forward to

[[Page 5545]]

working with them and all of my colleagues to enact legislation that 
will address this growing problem in a comprehensive and effective 
manner.
  Organized retail crime rings currently operate across the Nation and 
internationally. Their criminal activity begins with the coordinated 
theft of large amounts of items from retail stores with the intent to 
resell those items. The foot soldiers in these organized retail crime 
rings are professional shoplifters, called ``boosters,'' who steal from 
retail stores such items as over-the-counter drugs, baby formula, 
medical diagnostic tests, health and beauty aids, clothing, razor 
blades, and electronic devices. These boosters often use sophisticated 
means for evading retailer anti-theft safeguards, and occasionally 
dishonest retail employees are complicit in the theft. Each booster 
routinely steals thousands of dollars worth of items from multiple 
stores, and delivers the items to a ``fence,'' or a person who buys 
stolen products from boosters for a fee that is frequently paid in cash 
or drugs.
  Today, organized retail crime rings often enlist numerous fences to 
deliver stolen retail goods to processing and storage warehouses 
operated by the rings. At these warehouse locations, teams of workers 
sort the stolen items, disable anti-theft tracking devices, and remove 
labels that identify the items with a particular retailer. In some 
instances, they alter items' expiration dates, replace labels with 
those of more expensive products, or dilute products and repackage the 
modified contents in seemingly-authentic packaging. Often, the 
conditions in which these stolen goods are transported, handled and 
stored are substandard, leading to the deterioration or contamination 
of the goods.
  Organized retail crime rings typically resell their stolen 
merchandise in physical marketplaces, such as flea markets and swap-
meets, or on Internet auction sites. Internet sites are particularly 
tempting avenues for these sales, since the Internet reaches a 
worldwide market and allows sellers to operate anonymously and maximize 
return.
  Organized retail crime has a variety of harmful effects. Retailers 
and the FBI estimate that this crime costs retailers approximately $30 
billion per year and deprives states of hundreds of millions of dollars 
in lost sales tax revenues. The proceeds of organized retail crime can 
be used to finance other forms of criminal behavior, including gang 
activity, drug trafficking and international terrorism. Further, 
organized retail crime often involves the resale of consumable goods 
like baby formula or medical diagnostic tests like diabetic strips, 
which can cause significant harm to consumers when stored improperly or 
sold past their expiration date.
  Although the problem of organized retail crime predates the economic 
crisis facing our nation, the current recession has lent more urgency 
to the need to curb organized retail crime. In recent months theft and 
shoplifting from retailers has increased and retailers' revenues have 
decreased, thus enlarging the bite that organized retail crime has 
taken out of retailers' balance sheets. A December 2008 survey by the 
Retail Industry Leaders Association found that 80 percent of the 
retailers surveyed reported experiencing an increase in organized 
retail crime since the start of the current economic downturn. In a 
2008 survey of loss prevention executives performed by the National 
Retail Federation, 85 percent of the 114 retailers surveyed indicated 
that their company had been a victim of organized retail crime in the 
past 12 months. Many law enforcement officials predict that organized 
retail crime will continue to increase during these troubled economic 
times.
  After I introduced legislation on this subject last Congress, I 
listened to the views of stakeholders from law enforcement, the retail 
community, and the Internet marketplace community, and have made 
several revisions to my legislation in response to their suggestions. 
The legislation I am introducing today, the Combating Organized Retail 
Crime Act of 2009, would do the following:
  First, it would toughen the criminal code's treatment of organized 
retail crime. It would refine certain offenses, such as the crimes of 
interstate transport and sale of stolen goods, to capture conduct that 
is being committed by individuals engaged in organized retail crime. It 
would also require the U.S. Sentencing Commission to consider relevant 
sentencing guideline enhancements.
  Second, the bill would establish a reporting system through which 
evidence of organized retail crime can be effectively shared between 
the victimized retailers, the marketplaces where items are being 
resold, and the Justice Department. The bill would create a form that 
retailers could use to describe suspected illegal sales activity 
involving goods that were stolen from that retailer. The retailer would 
sign and submit this form to both the Justice Department and to the 
operator of a physical or online marketplace where the stolen goods are 
suspected of being offered for resale. Upon receiving the form, the 
marketplace operator would be required to conduct an account review of 
the suspected sellers and provide the results of that account review to 
the Justice Department. This reporting system would ensure that the 
Justice Department receives information from both retailers and 
marketplaces in order to piece together organized retail crime 
investigations and prosecutions.
  Third, the bill would require that when a marketplace operator is 
presented with clear and convincing evidence that a seller on that 
marketplace is selling stolen goods, the operator must terminate that 
seller's activities unless the seller can produce exculpatory evidence. 
The bill would also require that when a marketplace operator is 
presented with evidence of criminal activity involving a seller who 
offers consumable goods or medical diagnostic tests on that 
marketplace, the operator must immediately suspend the ability of that 
seller to sell such goods because of the potentially imminent danger to 
public safety.
  Additionally, the bill would require high-volume sellers on Internet 
marketplace sites to provide a physical address to the marketplace 
operator. This address would be shared with the Justice Department and 
with retailers who attest and provide evidence that the high-volume 
seller is suspected of reselling goods stolen from that retailer. This 
address-sharing regime will permit appropriate inquiries to determine 
whether high-volume Internet sellers are legitimate operations, and is 
similar to address-sharing regimes that permit inquiries into possible 
copyright violations by online sellers.
  In sum, the Combating Organized Retail Crime Act of 2009 is targeted 
legislation that aims to deter organized retail crime and facilitate 
the identification and prosecution of those who participate in it. The 
bill heightens the penalties for organized retail crime, shuts down 
criminals who are selling stolen goods, and places valuable information 
about illegal activity into the hands of law enforcement. This 
legislation has broad support in the retail industry in my home state 
of Illinois and nationwide. It is supported by the Illinois Retail 
Merchants Association, the National Retail Federation, the Retail 
Industry Leaders Association, the Food Marketing Institute, the 
National Association of Chain Drug Stores, and the Coalition to Stop 
Organized Retail Crime, whose members include such retail chains as 
Walgreens, Home Depot, Target, Wal-Mart, Safeway, and Macy's.
  Organized retail crime is a growing problem nationwide. There is a 
pressing need to address it, particularly in light of the weakening 
economy and the risks such crime creates for unknowing consumers. I 
urge my colleagues to support this legislation so we can effectively 
combat this crime.
  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. 470

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

[[Page 5546]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combating Organized Retail 
     Crime Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Organized retail crime involves the coordinated 
     acquisition of large volumes of retail merchandise by theft, 
     embezzlement, fraud, false pretenses, or other illegal means 
     from commercial entities engaged in interstate commerce, for 
     the purpose of selling or distributing such illegally 
     obtained items in the stream of commerce. Organized retail 
     crime is a growing problem nationwide that costs American 
     companies and consumers billions of dollars annually and that 
     has a substantial and direct effect upon interstate commerce.
       (2) The illegal acquisition and black-market sale of 
     merchandise by persons engaged in organized retail crime 
     result in an estimated annual loss of hundreds of millions of 
     dollars in sales and income tax revenues to State and local 
     governments.
       (3) The illegal acquisition, unsafe tampering and storage, 
     and unregulated redistribution of consumer products such as 
     baby formula, over-the-counter drugs, medical diagnostic 
     tests, and other items by persons engaged in organized retail 
     crime pose a health and safety hazard to consumers 
     nationwide.
       (4) Investigations into organized retail crime have 
     revealed that the illegal income resulting from such crime 
     often benefits persons and organizations engaged in other 
     forms of criminal activity, such as drug trafficking and gang 
     activity.
       (5) Items obtained through organized retail crime are 
     resold in a variety of different marketplaces, including flea 
     markets, swap meets, open-air markets, and Internet auction 
     websites. Increasingly, persons engaged in organized retail 
     crime use Internet auction websites to resell illegally 
     obtained items. The Internet offers such sellers a worldwide 
     market and a degree of anonymity that physical marketplace 
     settings do not offer.

     SEC. 3. OFFENSES RELATED TO ORGANIZED RETAIL CRIME.

       (a) Transportation of Stolen Goods.--The first undesignated 
     paragraph of section 2314 of title 18, United States Code, is 
     amended by inserting after ``more,'' the following: ``or, 
     during any 12-month period, of an aggregate value of $5,000 
     or more during that period,''.
       (b) Sale or Receipt of Stolen Goods.--The first 
     undesignated paragraph of section 2315 of title 18, United 
     States Code, is amended by inserting after ``$5,000 or 
     more,'' the following: ``or, during any 12-month period, of 
     an aggregate value of $5,000 or more during that period,''.
       (c) Fraud in Connection With Access Devices.--Section 
     1029(e)(1) of title 18, United States Code, is amended by 
     inserting ``Universal Product Code label or similar product 
     code label, gift card, stock keeping unit number, radio-
     frequency identification tag, electronic article surveillance 
     tag,'' after ``code,''.
       (d) Review and Amendment of Federal Sentencing Guidelines 
     for Offenses Related to Organized Retail Crime.--
       (1) Review and amendment.--
       (A) In general.--The United States Sentencing Commission, 
     pursuant to its authority under section 994 of title 28, 
     United States Code, and in accordance with this subsection, 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines (including its policy statements) 
     applicable to persons convicted of offenses involving 
     organized retail crime, which is the coordinated acquisition 
     of large volumes of retail merchandise by theft, 
     embezzlement, fraud, false pretenses, or other illegal means 
     from commercial entities engaged in interstate commerce for 
     the purpose of selling or distributing the illegally obtained 
     items in the stream of commerce.
       (B) Offenses.--Offenses referred to in subparagraph (A) may 
     include offenses contained in--
       (i) sections 1029, 2314, and 2315 of title 18, United 
     States Code; and
       (ii) any other relevant provision of the United States 
     Code.
       (2) Requirements.--In carrying out the requirements of this 
     subsection, the United States Sentencing Commission shall--
       (A) ensure that the Federal sentencing guidelines 
     (including its policy statements) reflect--
       (i) the serious nature and magnitude of organized retail 
     crime; and
       (ii) the need to deter, prevent, and punish offenses 
     involving organized retail crime;
       (B) consider the extent to which the Federal sentencing 
     guidelines (including its policy statements) adequately 
     address offenses involving organized retail crime to 
     sufficiently deter and punish such offenses;
       (C) maintain reasonable consistency with other relevant 
     directives and sentencing guidelines;
       (D) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges; and
       (E) consider whether to provide a sentencing enhancement 
     for those convicted of conduct involving organized retail 
     crime, where the conduct involves--
       (i) a threat to public health and safety, including 
     alteration of an expiration date or of product ingredients;
       (ii) theft, conversion, alteration, or removal of a product 
     label;
       (iii) a second or subsequent offense; or
       (iv) the use of advanced technology to acquire retail 
     merchandise by means of theft, embezzlement, fraud, false 
     pretenses, or other illegal means.

     SEC. 4. SALES OF ILLEGALLY OBTAINED ITEMS IN PHYSICAL OR 
                   ONLINE RETAIL MARKETPLACES.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2324. Physical and online retail marketplaces

       ``(a) Definitions.--As used in this section, the following 
     definitions shall apply:
       ``(1) High volume seller.--The term `high volume seller' 
     means a user of an online retail marketplace who, in any 
     continuous 12-month period during the previous 24 months, has 
     entered into--
       ``(A) multiple discrete sales or transactions resulting in 
     the accumulation of an aggregate total of $12,000 or more in 
     gross revenues; or
       ``(B) 200 or more discrete sales or transactions resulting 
     in the accumulation of an aggregate total of $5,000 or more 
     in gross revenues.
       ``(2) Internet site.--The term `Internet site' means a 
     location on the Internet that is accessible at a specific 
     Internet domain name or address under the Internet Protocol 
     (or any successor protocol), or that is identified by a 
     uniform resource locator.
       ``(3) Online retail marketplace.--The term `online retail 
     marketplace' means an Internet site where users other than 
     the operator of the Internet site can enter into transactions 
     with each other for the sale or distribution of goods or 
     services, and in which--
       ``(A) the goods or services are promoted through inclusion 
     in search results displayed within the Internet site;
       ``(B) the operator of the Internet site--
       ``(i) has the contractual right to supervise the activities 
     of users with respect to the goods or services; or
       ``(ii) has a financial interest in the sale of the goods or 
     services; and
       ``(C) in any continuous 12-month period during the previous 
     24 months, users other than the operator of the Internet site 
     collectively have entered into not fewer than 1,000 discrete 
     transactions for the sale of goods or services.
       ``(4) Operator of an online retail marketplace.--The term 
     `operator of an online retail marketplace' means a person or 
     entity that--
       ``(A) operates or controls an online retail marketplace; 
     and
       ``(B) makes the online retail marketplace available for 
     users to enter into transactions with each other on that 
     marketplace for the sale or distribution of goods or 
     services.
       ``(5) Operator of a physical retail marketplace.--The term 
     `operator of a physical retail marketplace' means a person or 
     entity that rents or otherwise makes available a physical 
     retail marketplace to transient vendors to conduct business 
     for the sale of goods, or services related to the goods.
       ``(6) Physical retail marketplace.--The term `physical 
     retail marketplace'--
       ``(A) may include a flea market, indoor or outdoor swap 
     meet, open air market, or other similar environment;
       ``(B) means a venue or event--
       ``(i) in which physical space is made available not more 
     than 4 days per week by an operator of a physical retail 
     marketplace as a temporary place of business for transient 
     vendors to conduct business for the sale of goods, or 
     services related to the goods; and
       ``(ii) in which in any continuous 12-month period during 
     the preceding 24 months, there have been 10 or more days on 
     which 5 or more transient vendors have conducted business at 
     the venue or event; and
       ``(C) does not mean and shall not apply to an event which 
     is organized and conducted for the exclusive benefit of any 
     community chest, fund, foundation, association, or 
     corporation organized and operated for religious, 
     educational, or charitable purposes, provided that no part of 
     any admission fee or parking fee charged vendors or 
     prospective purchasers, and no part of the gross receipts or 
     net earnings from the sale or exchange of goods or services, 
     whether in the form of a percentage of the receipts or 
     earnings, salary, or otherwise, inures to the benefit of any 
     private shareholder or person participating in the 
     organization or conduct of the event.
       ``(7) Structuring.--The term `structuring' means to 
     knowingly conduct, or attempt to conduct, alone, or in 
     conjunction with or on behalf of 1 or more other persons, 1 
     or more transactions in currency, in any amount, in any 
     manner, with the purpose of evading categorization as a 
     physical retail marketplace, an online retail marketplace, or 
     a high volume seller.
       ``(8) Temporary place of business.--The term `temporary 
     place of business' means any physical space made open to the 
     public, including but not limited to a building, part of a 
     building, tent or vacant lot, which is temporarily occupied 
     by 1 or more persons or

[[Page 5547]]

     entities for the purpose of making sales of goods, or 
     services related to those goods, to the public. A place of 
     business is not temporary with respect to a person or entity 
     if that person or entity conducts business at the place and 
     stores unsold goods there when it is not open for business.
       ``(9) Transient vendor.--The term `transient vendor' means 
     any person or entity that, in the usual course of business, 
     transports inventory, stocks of goods, or similar tangible 
     personal property to a temporary place of business for the 
     purpose of entering into transactions for the sale of the 
     property.
       ``(10) User.--The term `user' means a person or entity that 
     accesses an online retail marketplace for the purpose of 
     entering into transactions for the sale or distribution of 
     goods or services.
       ``(11) Valid physical postal address.--The term `valid 
     physical postal address' means--
       ``(A) a current street address, including the city, State, 
     and zip code;
       ``(B) a Post Office box that has been registered with the 
     United States Postal Service; or
       ``(C) a private mailbox that has been registered with a 
     commercial mail receiving agency that is established pursuant 
     to United States Postal Service regulations.
       ``(b) Safeguards Against Sales of Illegally Obtained 
     Items.--
       ``(1) Suspected illegal sales activity forms.--
       ``(A) Regulations.--The Attorney General shall promulgate 
     regulations--
       ``(i) establishing a form, called a `suspected illegal 
     sales activity form', through which an authorized person may 
     present evidence showing that a transient vendor of a 
     physical retail marketplace, a user of an online retail 
     marketplace, or a director, officer, employee, or agent of 
     the transient vendor or user, has used or is using a physical 
     retail marketplace or an online retail marketplace to sell or 
     distribute items that were stolen, embezzled, or obtained by 
     fraud, false pretenses, or other illegal means from the 
     authorized person, or has engaged in or is engaging in 
     structuring;
       ``(ii) requiring that an authorized person who submits a 
     suspected illegal sales activity form shall, in a manner to 
     be specified by the Attorney General--

       ``(I) refer in the form to 1 or more specific items, 
     individuals, entities or transactions allegedly involved in 
     theft, embezzlement, fraud, false pretenses, structuring, or 
     other illegal activity;
       ``(II) refer in the form to 1 or more alleged violations of 
     Federal law;
       ``(III) provide along with the form documentary evidence 
     supporting the allegations of illegal activity, which may 
     include--

       ``(aa) video recordings;
       ``(bb) audio recordings;
       ``(cc) sworn affidavits;
       ``(dd) financial, accounting, business, or sales records;
       ``(ee) records or transcripts of phone conversations;
       ``(ff) documents that have been filed in a Federal or State 
     court proceeding; and
       ``(gg) signed reports to or from a law enforcement agency; 
     and

       ``(IV) sign the form;

       ``(iii) providing that an authorized person who completes a 
     suspected illegal sales activity form may submit the form and 
     accompanying documentary evidence to the operator of a 
     physical retail marketplace or the operator of an online 
     retail marketplace, and that if the authorized person submits 
     the form to the operator, the authorized person shall submit 
     the form and documentary evidence to the Attorney General; 
     and
       ``(iv) ensuring that a suspected illegal sales activity 
     form and accompanying documentary evidence are able to be 
     submitted by an authorized person to the operator of a 
     physical retail marketplace or online retail marketplace and 
     to the Attorney General by mail and by electronic means.
       ``(B) Authorized persons.--
       ``(i) In general.--For purposes of this section, an 
     authorized person is a person who--

       ``(I) offers goods or services for sale to the public as 
     part of a business operation;
       ``(II) has submitted to the Attorney General in writing, on 
     a form that shall be promulgated by the Attorney General and 
     made available on the Internet, a request to serve as an 
     authorized person; and
       ``(III) has been approved by the Attorney General to serve 
     as an authorized person.

       ``(ii) Approval.--The Attorney General shall approve a 
     request by a person to serve as an authorized person if the 
     person offers goods or services for sale to the public as 
     part of a business operation. An approval under this clause 
     shall remain in effect unless the authorized person requests 
     that the Attorney General terminate the approval.
       ``(iii) Fees.--The Attorney General may charge a processing 
     fee to a person solely to cover the cost of processing the 
     approval of the person as an authorized person.
       ``(iv) Agents.--An individual who serves as an officer, 
     employee, or agent for a person who offers goods or services 
     for sale to the public as part of a business operation may 
     serve as an authorized person on behalf of that person.
       ``(v) List.--The Attorney General shall maintain a list of 
     authorized persons, which shall be made available to the 
     public upon request.
       ``(C) Availability of forms.--The Attorney General shall 
     make suspected illegal sales activity forms available on the 
     Internet to authorized persons.
       ``(2) Duties of operators of physical retail marketplaces 
     and online retail marketplaces to conduct account reviews and 
     file suspicious activity reports; consumable goods.--If an 
     operator of a physical or online retail marketplace is 
     presented with a suspected illegal sales activity form and 
     accompanying documentary evidence from an authorized person 
     showing that a transient vendor of the physical retail 
     marketplace, a user of the online retail marketplace, or a 
     director, officer, employee, or agent of the transient vendor 
     or user, has used or is using the retail marketplace to sell 
     or distribute items that were stolen, embezzled, or obtained 
     by fraud, false pretenses or other illegal means, or has 
     engaged in or is engaging in structuring, the operator 
     shall--
       ``(A)(i) not later than 30 days after receiving the form--
       ``(I) conduct a review of the account of the transient 
     vendor or user for evidence of illegal activity; and
       ``(II) file a suspicious activity report with the Attorney 
     General of the United States; and
       ``(ii) not later than 24 hours after filing the report 
     described in clause (i)(II), notify the authorized person who 
     submitted the suspected illegal sales activity form that the 
     operator filed the report; and
       ``(B) with regard to any items referred to in the suspected 
     illegal sales activity form that are consumable or that are 
     medical diagnostic tests, immediately suspend the ability of 
     any transient vendor or user who is referred to in the form 
     as selling or distributing the items to conduct transactions 
     involving the items, and notify the Attorney General of such 
     action in the suspicious activity report.
       ``(3) Duties of operators of physical retail marketplaces 
     and online retail marketplaces to terminate sales activity.--
       ``(A) In general.--If an operator of a physical retail 
     marketplace or an online retail marketplace is presented with 
     a suspected illegal sales activity form and accompanying 
     documentary evidence from an authorized person, the operator 
     shall determine, based on the form, the documentary evidence, 
     and the account review conducted by the operator, whether 
     there is clear and convincing evidence that the transient 
     vendor of the physical retail marketplace, a user of the 
     online retail marketplace, or a director, officer, employee, 
     or agent of the transient vendor or user, has used or is 
     using the retail marketplace to sell or distribute items that 
     were stolen, embezzled, or obtained by fraud, false 
     pretenses, or other illegal means, or has engaged in or is 
     engaging in structuring. The operator shall describe the 
     determination of the operator under this subparagraph in the 
     suspicious activity report.
       ``(B) Actions.--If the operator of a physical retail 
     marketplace or an online retail marketplace determines that 
     there is clear and convincing evidence of an activity 
     described in subparagraph (A), the operator shall, not later 
     than 5 days after submitting the suspicious activity report 
     to the Attorney General pursuant to paragraph (2), either--
       ``(i) terminate the ability of the transient vendor to 
     conduct business at the physical retail marketplace or 
     terminate the ability of the user to conduct transactions on 
     the online retail marketplace, and notify the Attorney 
     General of such action; or
       ``(ii)(I) request that the transient vendor or user present 
     documentary evidence that the operator reasonably determines 
     to be clear and convincing showing that the transient vendor 
     or user has not used the retail marketplace to sell or 
     distribute items that were stolen, embezzled, or obtained by 
     fraud, false pretenses, or other illegal means, or has not 
     engaged in or is not engaging in structuring; and
       ``(II)(aa) if the transient vendor or user fails to present 
     the information within 30 days of the request, terminate the 
     ability of the transient vendor to conduct business at the 
     physical retail marketplace or terminate the ability of the 
     user to conduct transactions on the online retail 
     marketplace, and notify the Attorney General of such action; 
     or
       ``(bb) if the transient vendor or user presents the 
     information within 30 days, then the operator shall report 
     the information to the Attorney General and notify the 
     transient vendor or user that the operator will not terminate 
     the activities of the transient vendor or user.
       ``(C) Attorney general authorization.--The Attorney General 
     or a designee may, with respect to the timing of the 
     operator's actions pursuant to this paragraph, direct the 
     operator in writing and for good cause to delay such action.
       ``(4) Retention of records.--
       ``(A) Retail marketplaces.--Each operator of a physical 
     retail marketplace and each operator of an online retail 
     marketplace shall maintain--
       ``(i) a record of all suspected illegal sales activity 
     forms and accompanying documentary evidence presented to it 
     pursuant to

[[Page 5548]]

     this subsection for 3 years from the date the operator 
     received the form and evidence;
       ``(ii) a record of the results of all account reviews 
     conducted pursuant to this subsection, and any supporting 
     documentation, for 3 years from the date of the review; and
       ``(iii) a copy of any suspicious activity report filed with 
     the Attorney General pursuant to this subsection, and the 
     original supporting documentation concerning any report that 
     it files, for 3 years from the date of the filing.
       ``(B) Online retail marketplace.--Each operator of an 
     online retail marketplace shall maintain, for 3 years after 
     the date a user becomes a high volume seller, the name, 
     telephone number, e-mail address, valid physical postal 
     address, and any other identification information that the 
     operator receives about the high volume seller.
       ``(5) Confidentiality of reports.--No operator of a 
     physical retail marketplace or online retail marketplace, and 
     no director, officer, employee or agent of the operator, may 
     notify any individual or entity that is the subject of a 
     suspicious activity report or of an account review under 
     paragraph (2) of the fact that the operator filed the report 
     or performed the account review, or of any information 
     contained in the report or account review.
       ``(6) High volume sellers.--
       ``(A) Valid postal address.--An operator of an online 
     retail marketplace shall require each high volume seller to 
     provide the operator with a valid physical postal address.
       ``(B) Failure to provide.--
       ``(i) In general.--If a high volume seller has failed to 
     provide a valid physical postal address as required in this 
     paragraph, the operator of the online retail marketplace 
     shall, not later than 5 days after the failure to provide the 
     address, notify the user of its duty to provide a valid 
     physical postal address.
       ``(ii) Continued failure.--If a high volume seller has 
     failed to provide a valid physical postal address 15 days 
     after the date on which the operator of an online retail 
     marketplace provides notice under clause (i), the operator 
     shall--

       ``(I) terminate the ability of the user to conduct 
     transactions on marketplace; and
       ``(II) not later than 15 days after that date, file a 
     suspicious activity report with the Attorney General of the 
     United States.

       ``(C) Postal address.--If an authorized person submits to 
     the operator of a physical retail marketplace or online 
     retail marketplace a suspected illegal sales activity form 
     that alleges illegal activity on the part of a specific 
     transient vendor or user that is a high volume seller, the 
     operator shall, not later than 15 days after receiving the 
     form, provide the valid physical postal address of the high 
     volume seller to the authorized person.
       ``(7) Contents of suspicious activity reports.--The 
     Attorney General shall promulgate regulations establishing a 
     suspicious activity report form. Such regulations shall 
     require that a suspicious activity report submitted by an 
     operator to the Attorney General pursuant to paragraph (2) or 
     (6) shall contain, in a form to be determined by the Attorney 
     General, the following information:
       ``(A) The name, address, telephone number, and e-mail 
     address of the individual or entity that is the subject of 
     the report, to the extent known.
       ``(B) Any other information that is in the possession of 
     the operator filing the report regarding the identification 
     of the individual or entity that is the subject of the 
     report.
       ``(C) A copy of the suspected illegal sales activity form 
     and documentary evidence that led to the filing of a report 
     pursuant to paragraph (2).
       ``(D) A detailed description of the results of an account 
     review conducted pursuant to paragraph (2).
       ``(E) A statement of the determination the operator made 
     pursuant to paragraph (3)(A).
       ``(F) If the suspicious activity report is filed pursuant 
     to paragraph (6), a summary of the events that led the 
     operator to terminate the ability of the user to conduct 
     transactions on marketplace.
       ``(G) The signature of the operator.
       ``(H) Such other information as the Attorney General may by 
     regulation prescribe.
       ``(c) Voluntary Reports.--Nothing in this section prevents 
     an operator of a physical retail marketplace or online retail 
     marketplace from voluntarily reporting to a Federal, State, 
     or local government agency any suspicious activity that the 
     operator believes is relevant to the possible violation of 
     any law or regulation, provided that the operator also 
     complies with the requirements of this section.
       ``(d) Structuring.--No individual or entity shall engage in 
     structuring as defined in this section.
       ``(e) Enforcement by Attorney General.--
       ``(1) In general.--Any individual or entity who knowingly 
     commits a violation of, or knowingly fails to comply with, 
     the requirements specified in paragraph (2), (3), (4), (5), 
     or (6) of subsection (b) or subsection (d) shall be liable to 
     the United States Government for a civil penalty of not more 
     than $10,000 per violation.
       ``(2) False statements.--
       ``(A) Suspected illegal sales activity forms.--Any person 
     who knowingly and willfully makes any material false or 
     fictitious statement or representation on a suspected illegal 
     sales activity form or accompanying documentary evidence may, 
     upon conviction thereof, be subject to liability under 
     section 1001.
       ``(B) Suspicious activity report.--Any person who knowingly 
     and willfully makes any material false or fictitious 
     statement or representation in any suspicious activity report 
     required under subsection (b) may, upon conviction thereof, 
     be subject to liability under section 1001.
       ``(f) Enforcement by States.--
       ``(1) Civil action.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by any person or entity who has committed 
     or is committing a violation of this section, the attorney 
     general, official, or agency of the State, as parens patriae, 
     may bring a civil action on behalf of the residents of the 
     State in a district court of the United States of appropriate 
     jurisdiction--
       ``(A) to enjoin further violation of this section by the 
     defendant;
       ``(B) to obtain damages on behalf of the residents of the 
     State in an amount equal to the actual monetary loss suffered 
     by such residents; or
       ``(C) to impose civil penalties in the amounts specified in 
     subsection (e).
       ``(2) Written notice.--
       ``(A) In general.--The State shall serve prior written 
     notice of any civil action under paragraph (1) upon the 
     Attorney General of the United States, including a copy of 
     its complaint, except that if it is not feasible for the 
     State to provide such prior notice, the State shall serve 
     such notice immediately upon instituting such action.
       ``(B) Attorney general action.--Upon receiving a notice 
     respecting a civil action under subparagraph (A), the 
     Attorney General of the United States shall have the right--
       ``(i) to intervene in such action;
       ``(ii) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(iii) to file petitions for appeal.
       ``(3) State powers preserved.--For purposes of bringing any 
     civil action under this subsection, nothing in this chapter 
     shall prevent an attorney general of a State from exercising 
     the powers conferred on the attorney general by the laws of 
     the 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) Pending federal action.--Whenever a civil action has 
     been instituted by the Attorney General of the United States 
     for violation of any rule prescribed under subsection (e), no 
     State may, during the pendency of such action instituted by 
     the Attorney General of the United States, institute a civil 
     action under this subsection against any defendant named in 
     the complaint in such action for any violation alleged in the 
     complaint.
       ``(5) Jurisdiction.--
       ``(A) In general.--Any civil action brought under this 
     subsection in a district court of the United States may be 
     brought in the district in which the defendant is found, is 
     an inhabitant, or transacts business or wherever venue is 
     proper under section 1391 of title 28.
       ``(B) Process.--Process in an action under this subsection 
     may be served in any district in which the defendant is an 
     inhabitant or in which the defendant may be found.
       ``(g) No Private Right of Action.--Nothing in this section 
     shall be interpreted to authorize a private right of action 
     for a violation of any provision of this section, or a 
     private right of action under any other provision of Federal 
     or State law to enforce a violation of this section.''.
       (b) Chapter Analysis.--The chapter analysis for chapter 113 
     of title 18, United States Code, is amended by inserting 
     after the item relating to section 2323 the following:

``Sec. 2324. Physical and online retail marketplaces.''.

     SEC. 5. NO PREEMPTION OF STATE LAW.

       No provision of this Act, including any amendment made by 
     this Act, shall be construed as indicating an intent on the 
     part of Congress to occupy the field in which that provision 
     or amendment operates, including criminal penalties, to the 
     exclusion of any State law on the same subject matter that 
     would otherwise be within the authority of the State, unless 
     there is a positive conflict between that provision or 
     amendment and that State law so that the 2 cannot 
     consistently stand together.

     SEC. 6. EFFECTIVE DATE.

       The amendments made by this Act take effect 120 days after 
     the date of enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mrs. Murray, Mr. Kennedy, Ms. 
        Mikulski, Mr. Durbin, and Mr. Bingaman):
  S. 471. A bill to amend the Education Sciences Reform Act of 2002 to 
require the Statistics Commissioner to collect information from 
coeducational secondary schools on such schools' athletic programs, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.

[[Page 5549]]


  Ms. SNOWE. Mr. President, I rise to introduce the High School Sports 
Information Collection Act. I am pleased to be joined again this year 
by my colleague from Washington, Senator Murray. Since the 108th 
Congress, we have introduced this bill to require that high schools, 
like their collegiate counterparts, disclose data on equity in sports, 
making it possible for student athletes and their parents to ensure 
fairness in their school's athletic programs.
  Since my first day in Washington in 1979, I have been a stalwart 
supporter of Title IX. And there should be no mistake what this 37-
year-old landmark civil rights law is all about--equal opportunity for 
both girls and boys to excel in athletics. Obviously, athletic 
participation supports physical health, but sports also impart benefits 
beyond the playing field. For girls who engage in sports, half are less 
likely to suffer depression and breast cancer, 80 percent are less 
likely to have a drug problem, and 92 percent are less likely to have 
an unwanted pregnancy. Athletic competition helps cultivate the kind of 
positive, competitive spirit that develops dedication, self-confidence, 
a sense of team spirit, and ultimate success later in life. So it's not 
surprising that, according to several studies, more than eight out of 
ten successful businesswomen played organized sports while growing up!
  Without question, Title IX has been the driving factor in allowing 
thousands of women and girls the opportunity to benefit from 
intercollegiate and high school sports. Indeed, prior to Title IX, only 
1 in 27 high school girls--fewer than 300,000--played sports. Today, 
the number is more than 2.9 million, that's an increase of over 900 
percent! Moreover, our country is celebrating the achievements of our 
women athletes now more than ever. Just a few weeks ago, tennis player 
Serena Williams became the all-time prize-money leader in women's 
sports by reaching both the doubles and singles finals in the 
Australian Open--not to mention that she won both titles! I am 
particularly pleased that Ms. Williams expressed appreciation for Title 
IX, proving how impactful this policy has been in giving her, and many 
other women, the opportunity to play sports.
  So while we celebrate this remarkable progress, we cannot allow 
ourselves a ``time-out'' or rest on past success. That is why I am 
pleased to work with Senator Patty Murray--who has been a tireless 
advocate for women's sports--to reintroduce the High School Sports Data 
Collection Act of 2007. Our bill directs the Commissioner of the 
National Center for Education Statistics to collect information 
regarding participation in athletics broken down by gender; teams; race 
and ethnicity; and overall expenditures, including items like travel 
expenses, equipment and uniforms. These data are already reported, in 
most cases, to the state Departments of Education and should not pose 
any additional burden on the high schools. Further, to ensure public 
access to this vital information, our legislation would require high 
schools to post the data on the Department of Education's website and 
make this information available to students and the public upon 
request.
  For nearly 40 years, Title IX has opened doors by giving women and 
girls an equal opportunity to participate in student athletic programs. 
This bill will continue that tradition by allowing us to assess current 
opportunities for sports participation for young women, and correct any 
deficiencies. With this new information, we can ensure that young women 
all over the country have the chance not only to improve their athletic 
ability, but also to develop the qualities of teamwork, discipline, and 
self-confidence that lead to success off the playing field.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Wicker, Mr. Akaka, Mr. Baucus, 
        Mr. Bingaman, Mr. Bond, Mr. Cardin, Mr. Cochran, Mr. Kennedy, 
        Mr. Lieberman, Mrs. Lincoln, Mrs. Murray, Mr. Reed, Mr. 
        Roberts, Mr. Sanders, Mr. Schumer, Mr. Whitehouse, Mr. Levin, 
        Mr. Reid, and Ms. Stabenow):
  S. 473. A bill to establish the Senator Paul Simon Study Abroad 
Foundation; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I rise today to reintroduce the Senator 
Paul Simon Study Abroad Foundation Act.
  This year marks the 200th anniversary of Abraham Lincoln's birth. We 
will spend this bicentennial year reflecting on Lincoln's legacy, a 
legacy that extends far beyond the Civil War. President Lincoln strove 
to democratize higher education. He enacted the Morrill Act, 
establishing public land grant universities and opening the doors to a 
college education to more Americans.
  As we recognize Lincoln's legacy this year, we can again transform 
higher education. Today with Senator Wicker I am introducing the 
Senator Paul Simon Study Abroad Foundation Act, which has the potential 
to equip a new generation of Americans with the skills to live in a 
globalized world.
  The bill is named after the late Senator Paul Simon, a man whose 
passion for the public good remains an inspiration to all who knew him. 
Shortly before his death in late 2003, Senator Simon came back to 
Washington to talk to his former colleagues about the need to 
strengthen American security. He wondered how the United States could 
lead the world to stability, peace, and harmony when so many Americans 
are ignorant of the world. He envisioned a United States populated by a 
generation of Americans with greater international understanding--an 
understanding arrived at not by just studying the world, but by living 
in it. He believed this study abroad initiative would be as 
transformative as Lincoln's work to expand access to college.
  Paul's tireless efforts led to Congress' establishment of the Abraham 
Lincoln Study Abroad Commission. I was honored to serve on this 
bipartisan Lincoln Commission, and it was a privilege for me to 
introduce legislation in the past two Congresses to bring Paul Simon's 
dream closer to reality. The bill is based on the Commission's 
recommendations for a study abroad program for undergraduate students 
that will help build global awareness and international understanding. 
In the last Congress, this bill was supported by 50 bipartisan 
cosponsors.
  The Senator Paul Simon Study Abroad Foundation Act has big goals. It 
declares our intention to send one million students abroad per year 
within the next decade. More of those students will study in the 
developing world and the students we send will be more diverse in terms 
of race, socioeconomic background, and field of study. To accomplish 
these goals, a small public-private entity, the Senator Paul Simon 
Foundation, will award grants to students and institutions of higher 
education. The goal of the program is to make study abroad in high-
quality programs in diverse locations around the world more common for 
all college students. Grants to colleges and universities will be used 
to encourage tearing down institutional barriers to study abroad. By 
leveraging change at the institution level, the Foundation will create 
opportunities for countless students--far more than possible through 
direct student grants alone.
  Expanding study abroad should be a national priority. The future of 
the country depends on globally literate citizens who are at ease in 
the world. In his troubled time, Lincoln said, ``The occasion is piled 
high with difficulty, and we must rise with the occasion. As our case 
is new, so we must think anew, and act anew.'' Today, our Nation also 
faces an occasion piled high with difficulty. By passing the Senator 
Paul Simon Study Abroad Foundation Act, we will send the next 
generation of Americans out into the world with open minds and they 
will come back able to think anew and act anew. I ask my colleagues to 
join Senator Wicker and me in support of this important legislation.
  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:

[[Page 5550]]



                                 S. 473

         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 ``Senator Paul Simon Study 
     Abroad Foundation Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to former President George W. Bush, 
     ``America's leadership and national security rest on our 
     commitment to educate and prepare our youth for active 
     engagement in the international community.''.
       (2) According to former President William J. Clinton, 
     ``Today, the defense of United States interests, the 
     effective management of global issues, and even an 
     understanding of our Nation's diversity require ever-greater 
     contact with, and understanding of, people and cultures 
     beyond our borders.''.
       (3) Congress authorized the establishment of the Commission 
     on the Abraham Lincoln Study Abroad Fellowship Program 
     pursuant to section 104 of the Miscellaneous Appropriations 
     and Offsets Act, 2004 (division H of Public Law 108-199). 
     Pursuant to its mandate, the Lincoln Commission has submitted 
     to Congress and the President a report of its recommendations 
     for greatly expanding the opportunity for students at 
     institutions of higher education in the United States to 
     study abroad, with special emphasis on studying in developing 
     nations.
       (4) According to the Lincoln Commission, ``[s]tudy abroad 
     is one of the major means of producing foreign language 
     speakers and enhancing foreign language learning'' and, for 
     that reason, ``is simply essential to the [N]ation's 
     security''.
       (5) Studies consistently show that United States students 
     score below their counterparts in other advanced countries on 
     indicators of international knowledge. This lack of global 
     literacy is a national liability in an age of global trade 
     and business, global interdependence, and global terror.
       (6) Americans believe that it is important for their 
     children to learn other languages, study abroad, attend a 
     college where they can interact with international students, 
     learn about other countries and cultures, and generally be 
     prepared for the global age.
       (7) In today's world, it is more important than ever for 
     the United States to be a responsible, constructive leader 
     that other countries are willing to follow. Such leadership 
     cannot be sustained without an informed citizenry with 
     significant knowledge and awareness of the world.
       (8) Study abroad has proven to be a very effective means of 
     imparting international and foreign-language competency to 
     students.
       (9) In any given year, only approximately one percent of 
     all students enrolled in United States institutions of higher 
     education study abroad.
       (10) Less than 10 percent of the students who graduate from 
     United States institutions of higher education with bachelors 
     degrees have studied abroad.
       (11) Far more study abroad must take place in developing 
     countries. Ninety-five percent of the world's population 
     growth over the next 50 years will occur outside of Europe. 
     Yet in the academic year 2004-2005, 60 percent of United 
     States students studying abroad studied in Europe, and 45 
     percent studied in four countries--the United Kingdom, Italy, 
     Spain, and France--according to the Institute of 
     International Education.
       (12) The Final Report of the National Commission on 
     Terrorist Attacks Upon the United States (The 9/11 Commission 
     Report) recommended that the United States increase support 
     for ``scholarship, exchange, and library programs''. The 9/11 
     Public Discourse Project, successor to the 9/11 Commission, 
     noted in its November 14, 2005, status report that this 
     recommendation was ``unfulfilled,'' and stated that ``[t]he 
     U.S. should increase support for scholarship and exchange 
     programs, our most powerful tool to shape attitudes over the 
     course of a generation.''. In its December 5, 2005, Final 
     Report on the 9/11 Commission Recommendations, the 9/11 
     Public Discourse Project gave the government a grade of ``D'' 
     for its implementation of this recommendation.
       (13) Investing in a national study abroad program would 
     help turn a grade of ``D'' into an ``A'' by equipping United 
     States students to communicate United States values and way 
     of life through the unique dialogue that takes place among 
     citizens from around the world when individuals study abroad.
       (14) An enhanced national study abroad program could help 
     further the goals of other United States Government 
     initiatives to promote educational, social, and political 
     reform and the status of women in developing and reforming 
     societies around the world, such as the Middle East 
     Partnership Initiative.
       (15) To complement such worthwhile Federal programs and 
     initiatives as the Benjamin A. Gilman International 
     Scholarship Program, the National Security Education Program, 
     and the National Security Language Initiative, a broad-based 
     undergraduate study abroad program is needed that will make 
     many more study abroad opportunities accessible to all 
     undergraduate students, regardless of their field of study, 
     ethnicity, socio-economic status, or gender.
       (16) To restore America's standing in the world, President 
     Barack Obama has said that he will call on our nation's 
     greatest resource, our people, to reach out to and engage 
     with other nations.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to significantly enhance the global competitiveness and 
     international knowledge base of the United States by ensuring 
     that more United States students have the opportunity to 
     acquire foreign language skills and international knowledge 
     through significantly expanded study abroad;
       (2) to enhance the foreign policy capacity of the United 
     States by significantly expanding and diversifying the talent 
     pool of individuals with non-traditional foreign language 
     skills and cultural knowledge in the United States who are 
     available for recruitment by United States foreign affairs 
     agencies, legislative branch agencies, and nongovernmental 
     organizations involved in foreign affairs activities;
       (3) to ensure that an increasing portion of study abroad by 
     United States students will take place in nontraditional 
     study abroad destinations such as the People's Republic of 
     China, countries of the Middle East region, and developing 
     countries; and
       (4) to create greater cultural understanding of the United 
     States by exposing foreign students and their families to 
     United States students in countries that have not 
     traditionally hosted large numbers of United States students.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation established pursuant to section 5(d).
       (3) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the chief executive officer of the Foundation 
     appointed pursuant to section 5(c).
       (4) Foundation.--The term ``Foundation'' means the Senator 
     Paul Simon Study Abroad Foundation established by section 
     5(a).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (6) National of the united states.--The term ``national of 
     the United States'' means a national of the United States or 
     an alien lawfully admitted for permanent residence (as those 
     terms are defined in section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101)).
       (7) Nontraditional study abroad destination.--The term 
     ``nontraditional study abroad destination'' means a location 
     that is determined by the Foundation to be a less common 
     destination for United States students who study abroad.
       (8) Study abroad.--The term ``study abroad'' means an 
     educational program of study, work, research, internship, or 
     combination thereof that is conducted outside the United 
     States and that carries academic credit toward fulfilling the 
     participating student's degree requirements.
       (9) United states.--The term ``United States'' means any of 
     the several States, the District of Columbia, Puerto Rico, 
     the Northern Mariana Islands, the Virgin Islands, Guam, 
     American Samoa, and any other territory or possession of the 
     United States.
       (10) United states student.--The term ``United States 
     student'' means a national of the United States who is 
     enrolled at an institution of higher education located within 
     the United States.

     SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL 
                   SIMON STUDY ABROAD FOUNDATION.

       (a) Establishment.--
       (1) In general.--There is established in the executive 
     branch a corporation to be known as the ``Senator Paul Simon 
     Study Abroad Foundation'' that shall be responsible for 
     carrying out this Act. The Foundation shall be a government 
     corporation, as defined in section 103 of title 5, United 
     States Code.
       (2) Board of directors.--The Foundation shall be governed 
     by a Board of Directors in accordance with subsection (d).
       (3) Intent of congress.--It is the intent of Congress in 
     establishing the structure of the Foundation set forth in 
     this subsection to create an entity that will administer a 
     study abroad program that--
       (A) serves the long-term foreign policy and national 
     security needs of the United States; but
       (B) operates independently of short-term political and 
     foreign policy considerations.
       (b) Mandate of Foundation.--In administering the program 
     referred to in subsection (a)(3), the Foundation shall--
       (1) promote the objectives and purposes of this Act;

[[Page 5551]]

       (2) through responsive, flexible grant-making, promote 
     access to study abroad opportunities by United States 
     students at diverse institutions of higher education, 
     including two-year institutions, minority-serving 
     institutions, and institutions that serve nontraditional 
     students;
       (3) through creative grant-making, promote access to study 
     abroad opportunities by diverse United States students, 
     including minority students, students of limited financial 
     means, and nontraditional students;
       (4) solicit funds from the private sector to supplement 
     funds made available under this Act; and
       (5) minimize administrative costs and maximize the 
     availability of funds for grants under this Act.
       (c) Chief Executive Officer.--
       (1) In general.--There shall be in the Foundation a Chief 
     Executive Officer who shall be responsible for the management 
     of the Foundation.
       (2) Appointment.--The Chief Executive Officer shall be 
     appointed by the Board and shall be a recognized leader in 
     higher education, business, or foreign policy, chosen on the 
     basis of a rigorous search.
       (3) Relationship to board.--The Chief Executive Officer 
     shall report to and be under the direct authority of the 
     Board.
       (4) Compensation and rank.--
       (A) In general.--The Chief Executive Officer shall be 
     compensated at the rate provided for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (B) Amendment.--Section 5315 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Chief Executive Officer, Senator Paul Simon Study Abroad 
     Foundation.''.
       (5) Authorities and duties.--The Chief Executive Officer 
     shall be responsible for the management of the Foundation and 
     shall exercise the powers and discharge the duties of the 
     Foundation.
       (6) Authority to appoint officers.--In consultation and 
     with approval of the Board, the Chief Executive Officer shall 
     appoint all officers of the Foundation.
       (d) Board of Directors.--
       (1) Establishment.--There shall be in the Foundation a 
     Board of Directors.
       (2) Duties.--The Board shall perform the functions 
     specified to be carried out by the Board in this Act and may 
     prescribe, amend, and repeal bylaws, rules, regulations, and 
     procedures governing the manner in which the business of the 
     Foundation may be conducted and in which the powers granted 
     to it by law may be exercised.
       (3) Membership.--The Board shall consist of--
       (A) the Secretary of State (or the Secretary's designee), 
     the Secretary of Education (or the Secretary's designee), the 
     Secretary of Defense (or the Secretary's designee), and the 
     Administrator of the United States Agency for International 
     Development (or the Administrator's designee); and
       (B) five other individuals with relevant experience in 
     matters relating to study abroad (such as individuals who 
     represent institutions of higher education, business 
     organizations, foreign policy organizations, or other 
     relevant organizations) who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     of which--
       (i) one individual shall be appointed from among a list of 
     individuals submitted by the majority leader of the House of 
     Representatives;
       (ii) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the House of 
     Representatives;
       (iii) one individual shall be appointed from among a list 
     of individuals submitted by the majority leader of the 
     Senate; and
       (iv) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the Senate.
       (4) Chief executive officer.--The Chief Executive Officer 
     of the Foundation shall serve as a nonvoting, ex officio 
     member of the Board.
       (5) Terms.--
       (A) Officers of the federal government.--Each member of the 
     Board described in paragraph (3)(A) shall serve for a term 
     that is concurrent with the term of service of the 
     individual's position as an officer within the other Federal 
     department or agency.
       (B) Other members.--Each member of the Board described in 
     paragraph (3)(B) shall be appointed for a term of 3 years and 
     may be reappointed for one additional 3 year term.
       (C) Vacancies.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made.
       (6) Chairperson.--There shall be a Chairperson of the 
     Board. The Secretary of State (or the Secretary's designee) 
     shall serve as the Chairperson.
       (7) Quorum.--A majority of the members of the Board 
     described in paragraph (3) shall constitute a quorum, which, 
     except with respect to a meeting of the Board during the 135-
     day period beginning on the date of the enactment of this 
     Act, shall include at least one member of the Board described 
     in paragraph (3)(B).
       (8) Meetings.--The Board shall meet at the call of the 
     Chairperson.
       (9) Compensation.--
       (A) Officers of the federal government.--
       (i) In general.--A member of the Board described in 
     paragraph (3)(A) may not receive additional pay, allowances, 
     or benefits by reason of the member's service on the Board.
       (ii) Travel expenses.--Each such member of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (B) Other members.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the Board described in paragraph (3)(B) while away 
     from the member's home or regular place of business on 
     necessary travel in the actual performance of duties as a 
     member of the Board, shall be paid per diem, travel, and 
     transportation expenses in the same manner as is provided 
     under subchapter I of chapter 57 of title 5, United States 
     Code.
       (ii) Limitation.--A member of the Board may not be paid 
     compensation under clause (i) for more than 90 days in any 
     calendar year.

     SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

       (a) Establishment of the Program.--There is hereby 
     established a program, which shall--
       (1) be administered by the Foundation; and
       (2) award grants to--
       (A) United States students for study abroad;
       (B) nongovernmental institutions that provide and promote 
     study abroad opportunities for United States students, in 
     consortium with institutions described in subparagraph (C); 
     and
       (C) institutions of higher education, individually or in 
     consortium,

     in order to accomplish the objectives set forth in subsection 
     (b).
       (b) Objectives.--The objectives of the program established 
     under subsection (a) are that, within 10 years of the date of 
     the enactment of this Act--
       (1) not less than 1,000,000 undergraduate United States 
     students will study abroad annually for credit;
       (2) the demographics of study-abroad participation will 
     reflect the demographics of the United States undergraduate 
     population, including students enrolled in community 
     colleges, minority-serving institutions, and institutions 
     serving large numbers of low-income and first-generation 
     students; and
       (3) an increasing portion of study abroad will take place 
     in nontraditional study abroad destinations, with a 
     substantial portion of such increases taking place in 
     developing countries.
       (c) Mandate of the Program.--In order to accomplish the 
     objectives set forth in subsection (b), the Foundation shall, 
     in administering the program established under subsection 
     (a), take fully into account the recommendations of the 
     Commission on the Abraham Lincoln Study Abroad Fellowship 
     Program (established pursuant to section 104 of the 
     Miscellaneous Appropriations and Offsets Act, 2004 (division 
     H of Public Law 108-199)).
       (d) Structure of Grants.--
       (1) Promoting reform.--In accordance with the 
     recommendations of the Commission on the Abraham Lincoln 
     Study Abroad Fellowship Program, grants awarded under the 
     program established under subsection (a) shall be structured 
     to the maximum extent practicable to promote appropriate 
     reforms in institutions of higher education in order to 
     remove barriers to participation by students in study abroad.
       (2) Grants to individuals and institutions.--It is the 
     sense of Congress that--
       (A) the Foundation should award not more than 25 percent of 
     the funds awarded as grants to individuals described in 
     subparagraph (A) of subsection (a)(2) and not less than 75 
     percent of such funds to institutions described in 
     subparagraphs (B) and (C) of such subsection; and
       (B) the Foundation should ensure that not less than 85 
     percent of the amount awarded to such institutions is used to 
     award scholarships to students.
       (e) Balance of Long-Term and Short-Term Study Abroad 
     Programs.--In administering the program established under 
     subsection (a), the Foundation shall seek an appropriate 
     balance between--
       (1) longer-term study abroad programs, which maximize 
     foreign-language learning and intercultural understanding; 
     and
       (2) shorter-term study abroad programs, which maximize the 
     accessibility of study abroad to nontraditional students.
       (f) Quality and Safety in Study Abroad.--In administering 
     the program established under subsection (a), the Foundation 
     shall require that institutions receiving grants demonstrate 
     that--
       (1) the study abroad programs for which students receive 
     grant funds are for academic credit; and
       (2) the programs have established health and safety 
     guidelines and procedures.

     SEC. 7. ANNUAL REPORT.

       (a) Report Required.--Not later than December 15, 2010, and 
     each December 15 thereafter, the Foundation shall submit to 
     the appropriate congressional committees a report on the 
     implementation of this Act during the prior fiscal year.

[[Page 5552]]

       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) the total financial resources available to the 
     Foundation during the year, including appropriated funds, the 
     value and source of any gifts or donations accepted pursuant 
     to section 8(a)(6), and any other resources;
       (2) a description of the Board's policy priorities for the 
     year and the bases upon which grant proposals were solicited 
     and awarded to institutions of higher education, 
     nongovernmental institutions, and consortiums pursuant to 
     section 6(a)(2)(B) and 6(a)(2)(C);
       (3) a list of grants made to institutions of higher 
     education, nongovernmental institutions, and consortiums 
     pursuant to section 6(a)(2)(B) and 6(a)(2)(C) that includes 
     the identity of the institutional recipient, the dollar 
     amount, the estimated number of study abroad opportunities 
     provided to United States students by each grant, the amount 
     of the grant used by each institution for administrative 
     expenses, and information on cost-sharing by each institution 
     receiving a grant;
       (4) a description of the bases upon which the Foundation 
     made grants directly to United States students pursuant to 
     section 6(a)(2)(A);
       (5) the number and total dollar amount of grants made 
     directly to United States students by the Foundation pursuant 
     to section 6(a)(2)(A); and
       (6) the total administrative and operating expenses of the 
     Foundation for the year, as well as specific information on--
       (A) the number of Foundation employees and the cost of 
     compensation for Board members, Foundation employees, and 
     personal service contractors;
       (B) costs associated with securing the use of real property 
     for carrying out the functions of the Foundation;
       (C) total travel expenses incurred by Board members and 
     Foundation employees in connection with Foundation 
     activities; and
       (D) total representational expenses.

     SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

       (a) Powers.--The Foundation--
       (1) shall have perpetual succession unless dissolved by a 
     law enacted after the date of the enactment of this Act;
       (2) may adopt, alter, and use a seal, which shall be 
     judicially noticed;
       (3) may make and perform such contracts, grants, and other 
     agreements with any person or government however designated 
     and wherever situated, as may be necessary for carrying out 
     the functions of the Foundation;
       (4) may determine and prescribe the manner in which its 
     obligations shall be incurred and its expenses allowed and 
     paid, including expenses for representation;
       (5) may lease, purchase, or otherwise acquire, improve, and 
     use such real property wherever situated, as may be necessary 
     for carrying out the functions of the Foundation;
       (6) may accept cash gifts or donations of services or of 
     property (real, personal, or mixed), tangible or intangible, 
     for the purpose of carrying out the provisions of this Act;
       (7) may use the United States mails in the same manner and 
     on the same conditions as the executive departments;
       (8) may contract with individuals for personal services, 
     who shall not be considered Federal employees for any 
     provision of law administered by the Office of Personnel 
     Management;
       (9) may hire or obtain passenger motor vehicles; and
       (10) shall have such other powers as may be necessary and 
     incident to carrying out this Act.
       (b) Principal Office.--The Foundation shall maintain its 
     principal office in the metropolitan area of Washington, 
     District of Columbia.
       (c) Applicability of Government Corporation Control Act.--
       (1) In general.--The Foundation shall be subject to chapter 
     91 of subtitle VI of title 31, United States Code, except 
     that the Foundation shall not be authorized to issue 
     obligations or offer obligations to the public.
       (2) Conforming amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(S) the Senator Paul Simon Study Abroad Foundation.''.
       (d) Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     State shall serve as Inspector General of the Foundation, 
     and, in acting in such capacity, may conduct reviews, 
     investigations, and inspections of all aspects of the 
     operations and activities of the Foundation.
       (2) Authority of the board.--In carrying out the 
     responsibilities under this subsection, the Inspector General 
     shall report to and be under the general supervision of the 
     Board.
       (3) Reimbursement and authorization of services.--
       (A) Reimbursement.--The Foundation shall reimburse the 
     Department of State for all expenses incurred by the 
     Inspector General in connection with the Inspector General's 
     responsibilities under this subsection.
       (B) Authorization for services.--Of the amount authorized 
     to be appropriated under section 11(a) for a fiscal year, up 
     to $2,000,000 is authorized to be made available to the 
     Inspector General of the Department of State to conduct 
     reviews, investigations, and inspections of operations and 
     activities of the Foundation.

     SEC. 9. GENERAL PERSONNEL AUTHORITIES.

       (a) Detail of Personnel.--Upon request of the Chief 
     Executive Officer, the head of an agency may detail any 
     employee of such agency to the Foundation on a reimbursable 
     basis. Any employee so detailed remains, for the purpose of 
     preserving such employee's allowances, privileges, rights, 
     seniority, and other benefits, an employee of the agency from 
     which detailed.
       (b) Reemployment Rights.--
       (1) In general.--An employee of an agency who is serving 
     under a career or career conditional appointment (or the 
     equivalent), and who, with the consent of the head of such 
     agency, transfers to the Foundation, is entitled to be 
     reemployed in such employee's former position or a position 
     of like seniority, status, and pay in such agency, if such 
     employee--
       (A) is separated from the Foundation for any reason, other 
     than misconduct, neglect of duty, or malfeasance; and
       (B) applies for reemployment not later than 90 days after 
     the date of separation from the Foundation.
       (2) Specific rights.--An employee who satisfies paragraph 
     (1) is entitled to be reemployed (in accordance with such 
     paragraph) within 30 days after applying for reemployment 
     and, on reemployment, is entitled to at least the rate of 
     basic pay to which such employee would have been entitled had 
     such employee never transferred.
       (c) Hiring Authority.--Of persons employed by the 
     Foundation, not to exceed 20 persons may be appointed, 
     compensated, or removed without regard to the civil service 
     laws and regulations.
       (d) Basic Pay.--The Chief Executive Officer may fix the 
     rate of basic pay of employees of the Foundation without 
     regard to the provisions of chapter 51 of title 5, United 
     States Code (relating to the classification of positions), 
     subchapter III of chapter 53 of such title (relating to 
     General Schedule pay rates), except that no employee of the 
     Foundation may receive a rate of basic pay that exceeds the 
     rate for level IV of the Executive Schedule under section 
     5315 of such title.
       (e) Definitions.--In this section--
       (1) the term ``agency'' means an executive agency, as 
     defined by section 105 of title 5, United States Code; and
       (2) the term ``detail'' means the assignment or loan of an 
     employee, without a change of position, from the agency by 
     which such employee is employed to the Foundation.

     SEC. 10. GAO REVIEW.

       (a) Review Required.--Not later than two years after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall commence a review of the operations 
     of the Foundation.
       (b) Content.--In conducting the review required under 
     subsection (a), the Comptroller General shall analyze--
       (1) whether the Foundation is organized and operating in a 
     manner that will permit it to fulfill the purposes of this 
     section, as set forth in section 3;
       (2) the degree to which the Foundation is operating 
     efficiently and in a manner consistent with the requirements 
     of paragraphs (4) and (5) of section 5(b);
       (3) whether grantmaking by the Foundation is being 
     undertaken in a manner consistent with subsections (d), (e), 
     and (f) of section 6;
       (4) the extent to which the Foundation is using best 
     practices in the implementation of this Act and the 
     administration of the program described in section 6; and
       (5) other relevant matters, as determined by the 
     Comptroller General, after consultation with the appropriate 
     congressional committees.
       (c) Report Required.--The Comptroller General shall submit 
     a report on the results of the review conducted under 
     subsection (a) to the Secretary of State (in the capacity of 
     the Secretary as Chairperson of the Board of the Foundation) 
     and to the appropriate congressional committees.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this Act $80,000,000 for fiscal year 2010 and each 
     subsequent fiscal year.
       (2) Amounts in addition to other available amounts.--
     Amounts authorized to be appropriated by paragraph (1) are in 
     addition to amounts authorized to be appropriated or 
     otherwise made available for educational exchange programs, 
     including the J. William Fulbright Educational Exchange 
     Program and the Benjamin A. Gilman International Scholarship 
     Program, administered by the Bureau of Educational and 
     Cultural Affairs of the Department of State.
       (b) Allocation of Funds.--
       (1) In general.--The Foundation may allocate or transfer to 
     any agency of the United States Government any of the funds 
     available for carrying out this Act. Such funds shall be 
     available for obligation and expenditure for the purposes for 
     which the funds were authorized, in accordance with authority 
     granted in this Act or under authority

[[Page 5553]]

     governing the activities of the United States Government 
     agency to which such funds are allocated or transferred.
       (2) Notification.--The Foundation shall notify the 
     appropriate congressional committees not less than 15 days 
     prior to an allocation or transfer of funds pursuant to 
     paragraph (1).
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mrs. McCaskill):
  S. 474. A bill to amend the Congressional Accountability Act of 1995 
to apply whistleblower protections available to certain executive 
branch employees to legislative branch employees, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. GRASSLEY. Mr. President, I come to introduce another bill as part 
of my Accountability in Government Week. Yesterday I introduced the 
False Claims Act Clarification Act to help restore the original intent 
of the most successful law the Government utilizes to protect 
taxpayers' dollars from fraud, waste, and abuse.
  One key component I added to the False Claims Act when it was amended 
in 1986 was allowing whistleblowers to file cases on behalf of the 
Government when they are aware of fraud or abuse of taxpayers' funds. 
Whistleblowers are the key to unlocking the secrets of wrongdoing 
because they have access to information about how the frauds were 
perpetrated and can help lead authorities in the right direction to 
uncover the fraud. However, for their brave efforts whistleblowers are 
often the victims of retaliation and are removed from their jobs by 
supervisors who do not want the wrongdoing uncovered.
  I have often said whistleblowers were as welcome as skunks at a 
picnic, despite the fact that all they do is bring forward the truth. 
This is wrong. That is why I have supported strong whistleblower 
protection laws during my time in the Congress.
  The landmark whistleblower law is the Whistleblower Protection Act of 
1989--I believe is the year it was passed--providing rights and 
remedies to executive branch whistleblowers who are the victims of 
retaliation. I proudly cosponsored that bill. But like many laws that 
are 20 years old, it needs to be updated. So I have cosponsored 
legislation introduced by Democratic Senator Akaka to do just that. 
However, that law also needs to be extended to employees of the 
legislative and judicial branches of Government. So I come today to 
start the discussion and to introduce legislation that will provide the 
same whistleblower protection rights currently extended to executive 
branch employees to the legislative branch.
  I am pleased to be joined by Senator McCaskill in introducing the 
Congressional Whistleblower Protection Act of 2009. This important 
legislation simply adds whistleblower protections to the legislative 
branch by incorporating the Whistleblower Protection Act into the 
Congressional Accountability Act of 1995, a law that I authored to 
bring Congress in line with many labor and workplace practices that 
affected businesses around the country because I have long believed 
Congress should practice what it preaches. This legislation will do 
just that.
  You might remember the Congressional Accountability Act was passed 
because, going back to the 1930s, Congress had exempted itself from a 
lot of employment laws because we individual Senators are employers, 
the Congress is an employer, but we exempted ourselves from, I think, 
18, 19 different laws at that particular time.
  So in 1995 I wanted to end the proposition of why we had two sets of 
laws in this country--one for Capitol Hill and one for the rest of the 
country. Now, since 1995, we have one set of laws, but we do not have 
the whistleblower protections that ought to be in it.
  A theme that has dominated this new Congress, as well as dominated 
the campaign of last fall, is accountability and responsibility in 
Washington. In most instances, the only reason we discovered waste or 
fraud is because employees were brave enough to stand up to the 
wrongdoers and to expose the offenses. Without these whistleblowers, 
the American taxpayer would continue to foot a bill that might be a 
violation of law, might be fraudulent use of taxpayers' money, might 
just be a waste of taxpayer money. Either way, taxpayers are hurt.
  This bill is long overdue. I have previously introduced similar 
legislation, but, unfortunately, those bills were never brought out of 
committee. I hope the Homeland Security and Government Affairs 
Committee, of which the chairman is on the Senate floor--I did not know 
the Senator would be so available for me to preach to him. I hope the 
Homeland Security and Governmental Affairs Committee will examine this 
legislation and will closely and expeditiously report it to the full 
Senate so we can ensure employees of the legislative branch that they 
are protected from any reprisals relating to protected whistleblowing 
the same way as executive branch employees.
  Now, it has been a number of years since the Congressional 
Accountability Act was signed into law. So I would like to remind my 
colleagues why we passed that law. It was a time very similar to today. 
The American people were demanding more from their elected officials in 
Washington and wanted accountability and transparency in all branches 
of Government. I believed then, as I do now, that Congress needs to put 
its money where its mouth is and apply the various labor and employment 
laws that were enforced on other branches of Government and businesses 
all across the country.
  That is what the Congressional Accountability Act did. It applied a 
number of important laws to Congress, including the Fair Labor 
Standards Act, title VII, the Civil Rights Act, the Americans With 
Disabilities Act, the Age Discrimination in Employment Act, Family 
Medical Leave Act, the Occupational Safety and Health Act, Employee 
Polygraph Protection Act, Worker Adjustment and Retraining Notification 
Act, the Rehabilitation Act, as well as some provisions of title V 
relating to Federal service labor-management relations. It also created 
the Office of Compliance of the legislative branch that oversees the 
application of these important laws to this branch of Government and 
ensures that employees' rights under these laws are protected.
  While the Congressional Accountability Act was a good start, the 
Office of Compliance has recommended additional laws be applied to the 
legislative branch, including the purpose of my bill, the Whistleblower 
Protection Act.
  We have already taken the steps to protect whistleblowers in the 
executive branch, so it does not make sense not to extend those same 
protections to whistleblowers working right here in our own backyard on 
Capitol Hill. My bill will, very simply, give congressional employees 
the same protections that workers of other branches of Government have. 
It does this by simply adding the Whistleblower Protection Act to the 
preexisting list of statutes that are applied to the legislative branch 
by the Congressional Accountability Act.
  This is a straightforward and simple solution to ensuring that 
employees of the legislative branch are not without vital whistleblower 
protections. So I ask, in closing, that my colleagues join me and 
Senator McCaskill in supporting this bill to ensure that those who help 
us in the fight to hold Government accountable are not punished for 
those efforts.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Whitehouse):
  S. 481. A bill to authorize additional Federal Bureau of 
Investigation field agents to investigate financial crimes; to the 
Committee on the Judiciary.
  Ms. SNOWE. Mr. President, I rise to introduce a bill with Senator 
Whitehouse to extend the reach of the Federal Bureau of Investigation 
into financial crimes that may have helped precipitate last year's 
economic meltdown.
  We must investigate and scrutinize this financial crisis as we would 
a terrorist attack in order to determine its causes and how to preempt 
another economic collapse in the United States.
  Following the September 11 attacks, the FBI redirected approximately 
1,000 agents to counterterrorism and counterintelligence activities. 
Without a

[[Page 5554]]

doubt, there is no argument that our country has benefitted from the 
dedicated efforts of the men and women of the FBI who are performing 
this valuable work.
  Over a 10-year period, from fiscal year 1999 to fiscal year 2008, 
Congress has increased direct appropriations for the FBI from $2.993 
billion and 26,693 positions to $6.658 billion--122 percent increase--
and 30,211 positions--13 percent increase. Most of these new resources 
were provided in the wake of the September 11 terrorist attacks, as the 
FBI redirected its resources toward combating domestic and 
international terrorism by improving its intelligence gathering and 
processing capabilities. As a consequence, for fiscal year 2008, about 
60 percent of FBI funding and staffing is allocated to national 
security programs, including counterterrorism and counterintelligence.
  In view of the breadth and severity of the economic crisis brought on 
by events in U.S. financial markets, however, I am very concerned that 
criminal wrongdoing may have played a significant role in crippling 
some of America's largest companies. Criminal activity, such as fraud, 
misrepresentation, self-dealing, and insider trading may have 
instigated or exacerbated the financial industry upheaval of 2008-2009.
  In order to augment FBI investigations of financial crimes, the FBI 
Priorities Act of 2009 authorizes $150 million for each of the fiscal 
years 2010 through 2014 to fund approximately 1,000 Federal Bureau of 
Investigation field agents in addition to the number of field agents 
serving on the date of enactment. It is my hope that this extra 
manpower will enable the FBI to develop leads on unlawful actions, dig 
deeply into those leads, and bring responsible parties to justice. The 
American public deserves no less.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Cochran, Mr. Schumer, Mr. 
        Bennett, Mrs. Feinstein, Mr. McCain, Mr. Durbin, Mr. Alexander, 
        Mr. Reid, Mr. Lugar, Mr. Lieberman, Mr. Isakson, Mr. Dodd, Mr. 
        Grassley, Mr. Leahy, Mr. Levin, Mr. Kerry, Mr. Akaka, Mr. 
        Harkin, Mr. Nelson of Nebraska, Mr. Reed, Mr. Rockefeller, Mr. 
        Bingaman, Mr. Brown, and Mr. Cardin):
  S. 482. A bill to require Senate candidates to file designations, 
statements, and reports in electronic form; read the first time.
  Mr. FEINGOLD. Mr. President, today I will once again introduce with 
the senior Senator from Mississippi, Mr. Cochran, the Senate Campaign 
Disclosure Parity Act, a bill to require that Senate candidates file 
their campaign finance disclosure reports electronically and that those 
reports be promptly made available to the public. This step is long 
overdue; indeed I first introduced this bill in 2003. I hope that the 
Senate will act quickly on this legislation this year.
  A series of reports by the Campaign Finance Institute has highlighted 
the anomaly in the election laws that makes it nearly impossible for 
the public to get access to Senate campaign finance reports while most 
other reports are available on the Internet within 24 hours of their 
filing with the Federal Election Commission, FEC. The Campaign Finance 
Institute asks a rhetorical question: ``What makes the Senate so 
special that it exempts itself from a key requirement of campaign 
finance disclosure that applies to everyone else, including candidates 
for the House of Representatives and Political Action Committees?''
  The answer, of course, is nothing. The U.S. Senate is special in many 
ways. I am proud to serve here. But there is no excuse for keeping our 
campaign finance information inaccessible to the public when the 
information filed by House candidates or others is readily available.
  My bill amends the section of the election laws dealing with 
electronic filing to require reports filed with the Secretary of the 
Senate to be filed electronically and forwarded to the FEC within 24 
hours. The FEC is required to make available on the Internet within 24 
hours any filing it receives electronically. So if this bill is 
enacted, electronic versions of Senate reports should be available to 
the public within 48 hours of their filing. That will be a vast 
improvement over the current situation, which, according to the 
Campaign Finance Institute, requires journalists and interested members 
of the public to review computer images of paper-filed copies of 
reports, and involves a completely wasteful expenditure of hundreds of 
thousands of dollars to re-enter information into databases that almost 
every campaign has available in electronic format.
  The current filing system also means that the detailed coding that 
the FEC does, which allows for more sophisticated searches and 
analysis, is completed over a week later for Senate reports than for 
House reports. This means that the final disclosure reports covering 
the first two weeks of October are often not susceptible to detailed 
scrutiny before the election. According to the Campaign Finance 
Institute, in the 2006 election, ``[v]oters in six of the hottest 
Senate races were out of luck the week before the November 7 election 
if they did Web searches for information on general election 
contributions since June 30. . . . In all ten of the most closely 
followed Senate races voters were unable to search through any 
candidate reports for information on pre-general election (October 1-
18) donations.'' And a September 18, 2006, column by Jeffery H. 
Birnbaum in the Washington Post noted that ``When the polls opened in 
November 2004, voters were in the dark about $53 million in individual 
Senate contributions of $200 or more dating all the way back to July. . 
. .''
  Because the Senate failed to pass this bill last Congress, even 
though we had 48 bipartisan cosponsors and no known opposition, and 
even though the Senate Rules Committee reported the bill by voice vote, 
the same problem existed for Senate elections in the 2008 cycle. In 
addition, because of the expense, when the FEC puts information from 
the paper filings in its electronic database, it only enters 
contributions, not expenditures. So anyone interested in how a Senate 
campaign is spending its money has to consult the paper forms.
  As Roll Call said in its recent editorial in favor of the bill, 
``[i]t's time for this nonsense to come to an end.'' It is time for the 
Senate to at long last relinquish its backward attitude toward campaign 
finance disclosure. I urge the enactment of this simple bill that will 
make our reports subject to the same prompt, public scrutiny as those 
filed by PACs, House and Presidential candidates, and even 527 
organizations. I close with another question from the Campaign Finance 
Institute: ``Isn't it time that the Senate join the 21st century and 
allow itself to vote on a simple legislative fix that could 
significantly improve our democracy?'' This Congress, let us finally 
answer that question in the affirmative.
  Mr. President, I ask unanimous consent that an editorial be printed 
in the Record.
  There being no objection, the material was ordered as follows:

                    [From Roll Call, Feb. 11, 2009]

                               Outrageous

       In this year when ``transparency'' is all the rage, it 
     would be appropriate for the Senate--at long last--to join 
     the House and every federal political committee in filing 
     campaign finance reports electronically.
       Fundraising and spending reports for the end of 2008 were 
     due on Jan. 31. Reports for House Members and candidates and 
     the Republican and Democratic parties and their campaign 
     committees all were instantly available to the media, 
     watchdog groups and the public on the Federal Election 
     Commission's Web site.
       But Senate reports take weeks from the filing deadline to 
     make it into the public realm. And when they are made 
     available, it's at the conclusion of a circuitous process 
     that costs taxpayers an estimated $250,000 a year that could 
     be far better spent elsewhere--almost anywhere else--or 
     simply used to narrow the federal deficit.
       Moreover, because of the expense, the FEC does not 
     electronically post Senate campaign expenditures, only 
     contributions--a gap that Steve Weissman of the Campaign 
     Finance Institute correctly calls ``outrageous.''
       Senators use FEC-approved software to compile their 
     reports, but then they snail-mail paper copies to the office 
     of the Secretary of the Senate, which then scans some

[[Page 5555]]

     27,000 pages and sends them electronically to the FEC.
       They can be then combed through page by page on the FEC Web 
     site, but not digitally manipulated or matched. The FEC hires 
     a contractor to key the data into digital form. Only then, a 
     month or more after the filing deadline, can the data be 
     searched and connections made, if any, between money 
     collected and votes or positions Senators or their opponents 
     have taken.
       But it still takes page-by-page searching to review 
     candidates' spending--to determine, for instance, if 
     candidates' relatives are on the campaign payroll.
       All this ridiculous complexity is necessary because in 2000 
     the Senate exempted itself from an electronic filing 
     requirement written into the FEC's appropriation. Legislation 
     to correct the situation has been regularly introduced by 
     Sen. Russ Feingold (D-Wis.), and it's regularly had dozens of 
     co-sponsors.
       But it's never passed. Change was resisted at first by Sen. 
     Robert Byrd (D-W.Va.), who wanted to maintain a fusty Senate 
     ``prerogative,'' and then by various Republican Senators who 
     wanted to attach amendments that amounted to ``poison 
     pills.''
       Last year, the Senate Rules and Administration Committee 
     approved the bill for floor action, but it was blocked by 
     Sen. John Ensign (R-Nev.) who sought to add a provision 
     requiring disclosure of the donors to any organization filing 
     ethics complaints against a Senator. The bill never was voted 
     on.
       It's time for this nonsense to come to an end. Feingold is 
     planning to re-introduce the measure soon. It ought to be 
     processed promptly by the Rules Committee, now chaired by 
     Sen. Charles Schumer (D-N.Y.), and pushed to the floor for 
     passage as early in the year as possible so if it's subject 
     to more shenanigans, they can be exposed and resolved.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Lieberman, Mrs. Boxer, Mr. Schumer, 
        Mrs. McCaskill, and Mr. Bond):
  S. 483. A bill to require the Secretary of the Treasury to mint coins 
in commemoration of Mark Twain; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. DODD. Mr. President, today I am introducing the Mark Twain 
Commemorative Coin Act. I am pleased to be joined by Senators 
Lieberman, Boxer, Schumer, McCaskill, and Bond in cosponsoring this 
legislation, which authorizes the Secretary of the Treasury to mint 
100,000 five-dollar gold coins and 500,000 silver dollar coins in a 
design emblematic of the life and legacy of Mark Twain.
  Samuel L. Clemens, better known by his pen name ``Mark Twain,'' was 
born in 1835 in Florida, Missouri, and died in 1910 while residing in 
my home State of Connecticut. As many of us know from having read his 
works, Twain is an iconic author who has left an indelible mark on our 
Nation's history. Two of his most renowned works, ``The Adventures of 
Tom Sawyer'' and ``Adventures of Huckleberry Finn,'' have become a 
central part of the American literary canon and are still widely read 
in schools and universities across the country. Another enduring work, 
entitled ``The Gilded Age: A Tale of Today,'' satirized the excesses of 
the age during which it was written, and solidified Twain's reputation 
as a fierce but subtle social critic. His writings evoke discussions of 
race, politics, and economic inequality, all issues with which our 
nation continues to struggle as we become a ``more perfect union.''
  This bill will allow the Treasury to mint and issue coins in 
commemoration of Mark Twain's lasting contributions to America's 
literary tradition and cultural heritage. A portion of proceeds from 
surcharges of $35 and $10 applied to each gold and silver coin sold to 
the public will be distributed by the Treasury to support four 
institutions critical to the mission of promoting Mark Twain's legacy: 
The Mark Twain House & Museum in Hartford, CT; the Mark Twain Project 
at the Bancroft Library of the University of California, in Berkeley, 
CA; the Center for Mark Twain Studies at Elmira College, in New York; 
and the Mark Twain Boyhood Home & Museum in Hannibal, MO.
  The Mark Twain House and Museum in Hartford, CT, is a national 
historic landmark. Each year, over 60,000 visitors flock there, many of 
them from outside my home State. This site offers a unique experience 
to all who visit, and serves as a center for educating young and old 
alike about Mark Twain's life and legacy. However, as recent news 
articles have reported, the Mark Twain House and Museum has--not unlike 
many other nonprofit entities across the country in the midst of the 
economic downturn--struggled to cover operating costs solely on private 
donations, and the financial challenges it currently faces are 
substantial. Passing this legislation will help to support the 
continued operation and restoration of the Mark Twain House, and 
promote its goals by honoring Mark Twain with a commemorative coin 
desirable to coin collectors as well as enthusiasts of American history 
and literature.
  Congressman John Larson of Connecticut is introducing companion 
legislation today in the House of Representatives. As a procedural 
matter, the House Financial Services Committee requires no less than 
290 cosponsors for any commemorative coin bill to come under committee 
consideration, and similar cosponsorship rules are in place for the 
Senate Committee on Banking, Housing, and Urban Affairs. Moreover, the 
House adheres to a tradition of interpreting commemorative coin bills 
as ``revenue-raisers'' subject to the origination clause of the U.S. 
Constitution. Passing the Mark Twain Commemorative Coin Act through 
both Houses will require no small amount of effort, but today marks an 
important first step as we put this legislative proposal forward and 
begin to generate broad public support for the effort. Once Congressman 
Larson's companion bill meets the necessary requirements and is adopted 
by the full House, I intend to press it forward here in the Senate.
  The legislation I am introducing will require broad bipartisan 
support to meet the high threshold for commemorative coin legislation 
established by the rules of the Committee on Banking, Housing, and 
Urban Affairs, so I urge my colleagues to cosponsor this legislation 
and join me in supporting the life and legacy of Mark Twain, as well as 
the important places in our Nation that promote further study and 
education on his significant contributions to American 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. 483

       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 ``Mark Twain Commemorative 
     Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) Samuel Clemens--better known to the world as Mark 
     Twain--was a unique American voice whose literary work has 
     had a lasting effect on our Nation's history and culture;
       (2) Mark Twain remains one of the best known Americans in 
     the world, with over 6,500 editions of his books translated 
     into 75 languages;
       (3) Mark Twain's literary and educational legacy remains 
     strong even today, with nearly every book he wrote still in 
     print, including ``The Adventures of Tom Sawyer'' and 
     ``Adventures of Huckleberry Finn''--both of which have never 
     gone out of print since they were first published over a 
     century ago;
       (4) in the past 2 decades alone, there have been more than 
     100 books published and over 250 doctoral dissertations 
     written on Mark Twain's life and work;
       (5) even today, Americans seek to know more about the life 
     and work of Mark Twain, as people from around the world and 
     across all 50 States annually flock to National Historic 
     Landmarks like the Mark Twain House & Museum in Hartford, 
     Connecticut and the Mark Twain Boyhood Home & Museum in 
     Hannibal, Missouri; and
       (6) Mark Twain's work is remembered today for addressing 
     the complex social issues facing America at the turn of the 
     century, including the legacy of the Civil War, race 
     relations, and the economic inequalities of the ``Gilded 
     Age''.

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denominations.--The Secretary of the Treasury 
     (hereafter in this Act referred to as the ``Secretary'') 
     shall mint and issue the following coins:
       (1) $5 gold coins.--Not more than 100,000 $5 coins, which 
     shall--
       (A) weigh 8.359 grams;
       (B) have a diameter of 0.850 inches; and
       (C) contain 90 percent gold and 10 percent alloy.

[[Page 5556]]

       (2) $1 silver coins.--Not more than 500,000 $1 coins, which 
     shall--
       (A) weigh 26.73 grams;
       (B) have a diameter of 1.500 inches; and
       (C) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of section 5134 of 
     title 31, United States Code, all coins minted under this Act 
     shall be considered to be numismatic items.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the life and legacy of Mark Twain.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2013''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary, after consultation with the 
     Commission of Fine Arts and the Board of the Mark Twain House 
     & Museum; and
       (2) reviewed by the Citizens Coinage Advisory Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only 1 facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Period for Issuance.--The Secretary may issue coins 
     minted under this Act only during the 1-year period beginning 
     on January 1, 2013.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--The coins issued under this Act shall be 
     sold by the Secretary at a price equal to the sum of--
       (1) the face value of the coins;
       (2) the surcharge provided in section 7(a) with respect to 
     such coins; and
       (3) the cost of designing and issuing the coins (including 
     labor, materials, dies, use of machinery, overhead expenses, 
     marketing, and shipping).
       (b) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins issued under this Act at a reasonable discount.
       (c) Prepaid Orders.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to prepaid orders 
     under paragraph (1) shall be at a reasonable discount.

     SEC. 7. SURCHARGES.

       (a) In General.--All sales of coins issued under this Act 
     shall include a surcharge of--
       (1) $35 per coin for the $5 coin; and
       (2) $10 per coin for the $1 coin.
       (b) Distribution.--Subject to section 5134(f)(1) of title 
     31, United States Code, all surcharges received by the 
     Secretary from the sale of coins issued under this Act shall 
     be promptly paid by the Secretary as follows:
       (1) \2/5\ of the surcharges, to the Mark Twain House & 
     Museum in Hartford, Connecticut, to support the continued 
     restoration of the Mark Twain house and grounds, and to 
     ensure continuing growth and innovation in museum programming 
     to research, promote, and educate on the legacy of Mark 
     Twain.
       (2) \1/5\ of the surcharges, to the Mark Twain Project at 
     the Bancroft Library of the University of California, 
     Berkeley, California, to support programs to study and 
     promote Mark Twain's legacy.
       (3) \1/5\ of the surcharges, to the Center for Mark Twain 
     Studies at Elmira College, New York, to support programs to 
     study and promote Mark Twain's legacy.
       (4) \1/5\ of the surcharges, to the Mark Twain Boyhood Home 
     & Museum in Hannibal, Missouri, to preserve historical sites 
     related to Mark Twain and to help support programs to study 
     and promote Mark Twain's legacy.
       (c) Audits.--The Comptroller General of the United States 
     shall have the right to examine such books, records, 
     documents, and other data of each of the organizations 
     referred to in paragraphs (1), (2), (3), and (4) of 
     subsection (b) as may be related to the expenditures of 
     amounts paid under such subsection.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. Durbin, Mr. 
        Kerry, Mr. Brown, Mr. Cardin, Mrs. Boxer, Mrs. Lincoln, Mr. 
        Whitehouse, Mr. Nelson of Florida, and Mr. Menendez):
  S. 484. A bill to amend title II of the Social Security Act to repeal 
the Government pension offset and windfall elimination provisions; to 
the Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will help protect the retirement benefits earned by our Nation's 
public service workers.
  I am pleased to be joined by my colleague from Maine, Senator 
Collins, as well as Senators Durbin, Kerry, Brown, Cardin, Boxer, 
Lincoln, Whitehouse, Nelson of Florida, and Menendez.
  This bill will repeal two provisions of the Social Security Act--the 
Government pension offset and the windfall elimination provision--that 
unfairly reduce retirement benefits for teachers, police officers, and 
firefighters.
  These two provisions were originally designed--the Government pension 
offset in 1977 and the windfall elimiantion provision in 1983--to 
prevent public employees from being unduly enriched.
  But, the practical effect is that those providing critical public 
services are unjustly penalized.
  Approximately 1\1/2\ million Federal, State, and municipal workers, 
as well as teachers and other school district employees, are held to a 
different standard when it comes to retirement benefits.
  In California, the problem affects about 200,000 workers.
  The Government pension offset reduces a public employee's Social 
Security spousal or survivor benefits by an amount equal to two-thirds 
of the individual's public pension.
  In most cases, the Government pension offset eliminates the spousal 
benefit for which an individual qualifies. Three quarters of employees 
affected by the Government pension offset lose their entire spousal 
benefit, even though their spouse paid Social Security taxes for many 
years.
  According to the Congressional Research Service, the Government 
pension offset provision alone reduces the retirement benefits earned 
by nearly 500,000 Americans each year by an average of $500 per month.
  The windfall elimination provision reduces Social Security benefits 
by up to 50 percent for retirees who have paid into Social Security and 
also receive a public pension, such as from a State teacher retirement 
fund.
  Private-sector retirees receive monthly Social Security checks equal 
to 90 percent of their first $744 in average monthly career earnings, 
plus 32 percent of monthly earnings up to $4,483 and 15 percent of 
earnings above $4,483.
  Under the windfall elimination provision, retired public employees, 
however, are only allowed to receive 40 percent of the first $744 in 
career monthly earnings, a penalty of over $350 per month.
  Our legislation will allow government pensioners the chance to earn 
the same 90 percent to which nongovernment pension recipients are 
entitled.
  For those living on fixed incomes, in some cases this represents the 
difference between a comfortable retirement and poverty.
  Americans are hurting as our economy continues to contract.
  More than $4 trillion in retirement savings were lost last year as 
markets destabilized and investments soured.
  Retirees on fixed incomes have been especially impacted by this 
recession. Every dollar matters to a retiree struggling to pay bills 
and meet mortgage obligations.
  In California, more than 837,000 foreclosures were filed last year. 
The roughly $500 lost by beneficiaries to the Government pension offset 
each month may mean the difference between foreclosure and keeping 
one's home.
  This is also critical for seniors residing in assisted living 
facilities or retirement communities concerned about paying the 
increasingly high cost of care.
  Our Nation's unemployment rate stands at 7.6 percent. And, in my 
State, over 1.7 million people are out of work. For those close to 
retirement who have lost their jobs, reductions in Social Security 
benefits compound an already challenging situation.
  We must also eliminate the barriers which discourage many Americans 
from pursuing careers in public service.
  This is more difficult now than ever, as states face mounting 
deficits and painful budget cuts. Communities must be able to retain 
their most qualified teachers, police officers, and firefighters.

[[Page 5557]]

  Unfortunately, the Government pension offset and windfall elimination 
provision only contribute to this problem at a time when we should be 
doing everything we possibly can to bring the best and brightest to 
these careers.
  It is estimated that schools will need to hire between 1.7 million 
and 2.7 million new teachers nationwide by the end of this year because 
of record enrollments in public schools.
  The projected retirements of thousands of veteran teachers and 
critical efforts to reduce class sizes also necessitate hiring 
additional teachers.
  California currently has roughly 310,000 teachers but will need to 
double this number over the next decade, to 600,000 teachers, in order 
to keep up with student enrollment levels.
  It is counterintuitive that on the one-hand, policymakers seek to 
encourage people to change careers and enter the teaching profession, 
while on the other hand, those wishing to do so are told that their 
retirement benefits will be significantly reduced.
  I certainly recognize that our Federal budget deficit and national 
debt make repealing the Government pension offset and windfall 
elimination provision difficult.
  And, I remain open to considering any alternatives that will allow 
hard working employees to keep the Social Security benefits to which 
they are entitled.
  But the bottom line is that we should respect, not penalize, our 
public service employees.
  In the 110th Congress, 38 Senators joined me in cosponsoring this 
legislation. In the House of Representatives, 351 Members of Congress 
supported Representative Howard Berman's companion bill. Our bill 
enjoys the support of more than three quarters of the entire House of 
Representatives.
  The reason for this support is because public servants across the 
country are calling on Congress to act.
  It is long overdue that we resolve this inequity, and it is time that 
this body protects retirement benefits for public employees and 
formulates a more cohesive approach to promoting public sector 
employment.
  So I hope that my colleagues will join me in protecting the 
retirement benefits of our Nation's hard working public servants. We 
value their contributions and must ensure that all Americans receive 
the retirement benefits they have earned and deserve.
  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. 484

       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 ``Social Security Fairness Act 
     of 2009''.

     SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISION.

       (a) In General.--Section 202(k) of the Social Security Act 
     (42 U.S.C. 402(k)) is amended by striking paragraph (5).
       (b) Conforming Amendments.--
       (1) Section 202(b)(2) of the Social Security Act (42 U.S.C. 
     402(b)(2)) is amended by striking ``subsections (k)(5) and 
     (q)'' and inserting ``subsection (q)''.
       (2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is 
     amended by striking ``subsections (k)(5) and (q)'' and 
     inserting ``subsection (q)''.
       (3) Section 202(e)(2)(A) of such Act (42 U.S.C. 
     402(e)(2)(A)) is amended by striking ``subsection (k)(5), 
     subsection (q),'' and inserting ``subsection (q)''.
       (4) Section 202(f)(2)(A) of such Act (42 U.S.C. 
     402(f)(2)(A)) is amended by striking ``subsection (k)(5), 
     subsection (q)'' and inserting ``subsection (q)''.

     SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS.

       (a) In General.--Section 215 of the Social Security Act (42 
     U.S.C. 415) is amended--
       (1) in subsection (a), by striking paragraph (7);
       (2) in subsection (d), by striking paragraph (3); and
       (3) in subsection (f), by striking paragraph (9).
       (b) Conforming Amendments.--Subsections (e)(2) and (f)(2) 
     of section 202 of such Act (42 U.S.C. 402) are each amended 
     by striking ``section 215(f)(5), 215(f)(6), or 215(f)(9)(B)'' 
     in subparagraphs (C) and (D)(i) and inserting ``paragraph (5) 
     or (6) of section 215(f)''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act shall apply with respect to 
     monthly insurance benefits payable under title II of the 
     Social Security Act for months after December 2009. 
     Notwithstanding section 215(f) of the Social Security Act, 
     the Commissioner of Social Security shall adjust primary 
     insurance amounts to the extent necessary to take into 
     account the amendments made by section 3.
  Ms. COLLINS. Mr. President, I am pleased to be joining my colleague 
from California, Senator Feinstein, in introducing the Social Security 
Fairness Act, which repeals both the windfall elimination provision, 
WEP, and the Government pension offset, GPO. We believe that these two 
provisions in the Social Security Act unfairly penalize individuals for 
holding jobs in public service when the time comes for them to retire.
  These two provisions have enormous financial implications for many of 
our teachers, police officers, firefighters, postal workers and other 
public employees. Given their important responsibilities, it is simply 
unfair to penalize them when it comes to their Social Security 
benefits. These public servants--or their spouses--have all paid taxes 
into the Social Security system. So have their employers. They have 
worked long enough to earn their Social Security benefits. Yet because 
of the GPO and WEP, they are unable to receive all of the Social 
Security benefits to which they otherwise would be entitled.
  The impact of these two provisions is most acute in 15 States, 
including Maine, which have State retirement plans that lack a Social 
Security component. However, it is important to point out that the GPO 
and WEP affect public employees and retirees in every State, and in 
particular our emergency responders, our postal workers and our other 
Federal employees. Nationwide, more than one-third of teachers and 
education employees, and more than one-fifth of other public employees, 
are affected by the GPO and/or the WEP.
  Almost 1 million retired public employees across the country have 
already been harmed by these provisions. Many more stand to be harmed 
in the future. Moreover, at a time when we should be doing all that we 
can to attract qualified people to public service, this reduction in 
retirement benefits makes it even more difficult for our Federal, State 
and local governments to recruit and retain the public servants who are 
so critical to the safety and well-being of our families.
  What is most troubling is that this offset is most harsh for those 
who can least afford the loss: lower income women. In fact, of those 
affected by the GPO, over 70 percent are women. According to the 
Congressional Budget Office, the GPO reduces benefits for more than 
200,000 individuals by more than $3,600 a year--an amount that can make 
the difference between a comfortable retirement and poverty.
  Many Maine teachers, in particular, have talked with me about the 
impact of these provisions on their retirement security. They love 
their jobs and the children they teach, but they worry about the future 
and about their financial security.
  In September of 2003, I chaired an oversight hearing to examine the 
effect that the GPO and the WEP have had on public employees and 
retirees. We heard compelling testimony from Julia Worcester of 
Columbia, ME, who was then 73. Mrs. Worcester told the committee about 
her work in both Social Security-covered employment and as a Maine 
teacher, and about the effect that the GPO and WEP have had on her 
income in retirement.
  Mrs. Worcester had worked for more than 20 years as a waitress and in 
factory jobs before deciding, at the age of 49, to go back to school to 
pursue her life-long dream of becoming a teacher. She began teaching at 
the age of 52 and taught full-time for 15 years before retiring at the 
age of 68. Since she was only in the Maine State retirement system for 
15 years, Mrs. Worcester does not receive a full State pension. Yet she 
is still subject to the full penalties under the GPO and WEP. As a 
consequence, even though she worked hard and paid into the Social 
Security system for more than 20 years, she receives less than $800 a 
month in total pension income.
  After a lifetime of hard work, Mrs. Worcester, who turns 78 next 
month, is

[[Page 5558]]

still substitute teaching just to make ends meet. She cannot afford to 
stop working. This simply is not right.
  It is time for us to take action, and I urge all of my colleagues to 
join us in cosponsoring the Social Security Fairness Act to eliminate 
these two unfair provisions.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Byrd):
  S.J. Res. 11. A joint resolution proposing an amendment to the 
Constitution of the United States relative to a seat in the House of 
Representatives for the District of Columbia; to the Committee on the 
Judiciary.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that S.J. Res. 
11, proposing an amendment to the Constitution of the United States 
relative to a seat in the House of Representatives for the District of 
Columbia, be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 11

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein),

     SECTION 1. CONSTITUTIONAL AMENDMENT.

       The following article is proposed as an amendment to the 
     Constitution of the United States, which shall be valid to 
     all intents and purposes as part of the Constitution when 
     ratified by the legislatures of three-fourths of the several 
     States within seven years after the date of its submission by 
     the Congress:

                              ``Article--

       ``Section 1. The people of the District constituting the 
     seat of Government of the United States shall elect one 
     representative to the House of Representatives who is a 
     resident of that District. The representative so elected 
     shall have the same rights, privileges, and obligations as a 
     Representative from a State.
       ``Section 2. Congress shall have the power to enforce this 
     article by appropriate legislation.''.

                          ____________________