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Legislation News & Report (TM)

The Week in Congress .com (TM)                                     

"A Democracy is Only A Democracy When You Participate"  

January 23, 2009 Edition   Volume 6  Number 3


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U.S. & the World;

Managing America;  Recognition

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Banking & Finance

House Disapproves Release of TARP Funds;

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The President

New Office for Afghanistan Created;

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Foreign Human Traffickers Banned from US;

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Fed Contractors Can be Reinvestigated;

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Secretary of Treasury Designate Timothy F. Giethner (2003)

 

HOUSE PASSES T.A.R.P.

 

Remaining Funds Handled by New Administration

 

(TheWeekInCongress.com) January 22, 2009 - The House passed the Troubled Assets Relief Program revisions with a 260 to 166 vote. The vote was near party-line with 10 Democrats opposing passage and 18 Republican supporting it.

 

Amendment activity attempted to modify provisions of the bill. The provision authorizing the Secretary of Treasury to assign an observer to board meetings of institutions receiving TARP funds was challenged with an amendment to strike the provision from the bill. The amendment sponsor, Rep, Jeb Hensarling (R-TX) held that the provision could, over time, become a mandated requirement, not an option, and could extend to smaller institutions that borrow TARP funds from the primary recipient. Opposition held that oversight at that level is important and to remove it on the speculation that it will become an entrenched policy is invalid. The amendment failed 151 to 274.

 

An amendment offered by Rep. Michelle Bachman (R-MN) aimed to strike a provision that removed an earlier provision requiring that homeowners receiving foreclosure assistance pay back profits to the government if the value of their home increases and they make a profit.

 

Opponents to Mrs. Bachman's amendment noted that the change was suggested by two Bush appointees, the Secretary of HUD and the FHA Commissioner because they concluded the program was not working and was too expensive and burdensome for homeowners to consider participating. The amendment failed 142 to 282. when 31 Republicans and two Independents joined 249 Democrats in opposition.

 

The Minority's final motion to recommit the bill for changes would require the Secretary of Treasury to put the $350 billion on account in the Treasury and suspend taxes for all Americans for two months. Opposition held that the proposal was  beyond the scope of the bill itself and, since the bill came out of the Financial Services Committee it was beyond its jurisdiction but rather within the jurisdiction of the Ways and Means Committee. Considering the scope of the proposal, opponents held, if it was a serious proposal a bill would have been introduced to present it. The motion failed 199 to 228.

 

Other amendments agreed to by voice vote include an amendment prohibiting TARP fund recipients from outsourcing new customer service or call center jobs to foreign companies and another requiring Treasury to obtain and analyze the use of TARP fund distributed before January 9, 2009.

 

HR 384 with amendments and votes.

 

Earlier reporting on TARP

 

 


 

SENATE CONSIDERS PAY DISCRIMINATION BILL

 

TheWeekInCongress.com - January 22, 2009 - The Senate continued the amendment process and passed 61 to 36, S 181, a bill that would change the 180 day time limit within which those believing they are subject to pay discrimination based on gender have to file a complaint. The bill follows HR 11, passed by the House in January.

 

The case at issue is that of Lilly Ledbetter who filed a complaint against her employer, Goodyear, after years of being paid less than her male counterparts despite having the same responsibilities and having performed them competently.

 

At issue is the bill's provision that, in the case of alleged pay discrimination based on gender, each paycheck begins again the 180 day time limit. While courts have extended the 180 filing period on other cases, the US Supreme Court decided that Ledbetter had failed to file within 180 days of the first discriminatory paycheck and so was not entitled to compensation.

 

Opponents to bill did not attempt to derail it but to rather amend its provisions on the time limit. Under the Senator Hutchison (R-TX) amendment, if the complainant demonstrates that she did not have, and should not have been expected to have, enough information to support a reasonable suspicion of such discrimination on the date on which the alleged unlawful employment practice occurred then 180 day limitation period begins when the reasonable suspicion or evidence is realized. The amendment is relevant to this particular case because it has been alleged that Ledbetter knew or suspected for years that she had been underpaid based on her gender but did not act to file a complaint. The Hutchison amendment failed 40 to 55.

 

S 181with amendments and votes.

HR 11


 

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Senate Confirms Hillary Clinton as Secretary of State and Others to Cabinet Posts.

 

The Senate voted 94 to 2 to approve the nomination of Hillary Clinton to the position of Secretary of State.

 

By voice vote the Senate approved of the following nominations to President Obama's Cabinet:

 

Steven Chu to be Secretary of Energy.

Arne Duncan to be Secretary of Education.

Janet Napolitano to be Secretary of Homeland Security.

Peter Orszag to be Office of Management and Budget Director.

Kenneth Salazar to be Secretary of Interior.

Eric Shinseki to be Secretary of Veteran’s Affair.

Thomas Vilsack to be Secretary of Agriculture.


 

The House will meet at noon on Friday, January 23rd in pro forma session

 

The Senate will take up HR 25, Children's health insurance on Friday, January 23rd..