Recks

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Mr. President pro tempore,

 

I move for cloture on this bill, and I yield.

Senator Al Haugland

Democratic-Nonpartisan League from North Dakota

 

 

Well, hello folks! I am Al Haugland, and I am excited to address Netroots as a Democratic-Nonpartisan League Senator from the great state of North Dakota. Much like here in Pittsburgh, North Dakota's a place where we are proud of our history of hard work. We're also a place that cherishes our ability to make a living off the land and live responsible and independent lives.

 

But I don't have to tell you: these are tough times we are living in. This Great Recession is hitting all of us hard, and our rural communities are no exception. As a lifelong farmer, I can tell you that farms are struggling to stay afloat. As the founder of a agricultural business, I've seen small businesses - suppliers and retailers alike - closing their doors. And as a father and grandfather, I can empathize deeply with the millions of American families that are struggling to make ends meet.

 

In my state, as in every state, Democrats have been at the forefront of the movement for working people. We need to remember our heritage, not shy away from it. You see, as a party of working folks, we can actually pave a pathway forward with a 50-state strategy. The exact recipe is bound to change depending on your location, but whether it is by reaching out to the local Farmers Union and VFW, or whether it means meeting with factory workers and service sector employees, we have a message that resonates with the common man and woman of this nation!

 

You see, that is my goal: to make our party competitive in every corner of this country. To do that, we need to speak with authority and understanding on the issues that matter to all Americans: and that includes our brothers and sisters who live in rural communities, like mine.

 

For too long, politicians have ignored rural communities and focused only on the big cities. But we know that our way of life, our values, and our needs are just as important as anyone else's. We need to ensure that our schools have the resources they need to provide a quality education, that our farmers have access to the tools they need to grow their crops, and that our families have the support they need to thrive. That is what I am fighting for with my Relief for Rural America Act of 2009, the most co-sponsored piece of legislation thus far into the 111th Congress. Hard-work, resilience, community. These are rural values; these are Democratic values; and these are American values!

 

We need to be the party of opportunity, the party of progress, and the party that fights for every American. That means standing up to the deep-pocketed elites who are working to rig the system against the little guy who we represent. At its core, our Democratic Party needs to ensure that everyone has a fair shot at success, no matter where they live.

 

So let's work together, Democrats and rural Americans alike, to create a stronger, more resilient future for all Americans! Let's fight for a 50-state strategy, and leave no county in the cold. Let's fight for policies that will create jobs, strengthen our communities, and lift up those who need it the most. Let's build an America that works for all of us - from the steel mills of Pittsburgh to the amber waves of grain in North Dakota, and everywhere in between. Thank you, Netroots! 

Mr. President pro tempore,

 

I rise today in an effort to address the questions raised by my colleague, the Senator from Connecticut. But first, I want to reiterate that, as a co-sponsor of this measure, I believe it to be an important step forward to protect our American farmers - whether they farm corn or wheat, soybeans or lettuce, or the many other items that our nation is blessed to grow. It should go without saying that a nation that cannot feed itself is at the mercy of others for the most basic of its needs. America is blessed that we can grow and produce effectively and efficiently here at home.

 

Now, to turn to the questions: there are two primary sections of this bill, which contain substantive policy changes. The first such part of the bill, Section 4, is a commonsense policy that would encourage promotion of American agricultural exports. To my reading, it would not violate existing trade deals because we wouldn't be subsidizing exports. Instead, it would only support marketing and promotion of American exports overseas. This is nothing new, and it is something that many states and indeed a couple federal agencies do with high-tech and innovative products that are created in America. This would just bring our agricultural sector up-to-par for those other efforts.

 

The second part of this bill, Section 5, provides funding for three specific aims. First, it would allow farmers to consult with trade experts to navigate international trade agreements. Second, it would allow farmers to advocate for provisions during trade negotiations that would benefit American farmers. Finally, it would provide for an analysis of proposed trade deals' impact on American agriculture. None of these fund uses would conflict with existing trade deals - nor would the analysis necessarily hamper America's ability or willingness to enter into other trade deals in the future.

 

To ensure that my interpretation is not mistaken, I offer the following amendment:

Haugland I

Quote

 

SECTION 9. SEVERABILITY AND APPLICATION.

(a) If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance, shall not be affected.

(b) This Act shall not be applied to contradict, supersede or otherwise override existing treaties or foreign trade agreements.

 

 

With that, Mr. President, I yield.

Mr. President pro tempore,

 

With the questions posed by the good Senator from Virginia now answered, and a healthy amount of back-and-forth debate having taken place, I believe that it is time to take this measure to a final vote. To that end, I move for cloture on this important piece of legislation.

 

And I yield.

Haugland Amendments to Cash for Clunkers Act Adopted

 

 

WASHINGTON, DC -- During the debate on the Cash for Clunkers Act, Senator Al Haugland (D-NPL-ND) advanced two critical amendments to the Cash for Clunkers Act that were recently adopted as friendly amendments by unanimous consent. The bill, which provides rebates for the purchase of a new, fuel efficient vehicle, had been introduced by Senator Allison Bayh (D-IN) and was quickly brought to the floor. In his comments on the Senate floor, Senator Haugland said, "With the decline in the economy, there has also been a decline in the number of American-built cars sold here in the United States. This bill, it is my understanding, would encourage new car purchases and provide needed economic support to do so. This bill could, in many ways, be the best of both worlds: helping car makers without a direct bailout all by helping American consumers. And, in the process, we will be helping conserve our beautiful and important environment by reducing auto emissions."

 

Haugland then introduced his two amendments, both of which were adopted by Senator Bayh as friendly. The first amendment requires all vehicles to be assembled in the United States in order to be eligible for the car rebate. "While the bill as introduced focuses on American and North American-made auto manufacturers, I believe it is imprudent to send our tax dollars to Canada or Mexico," Senator Haugland said when moving his proposed change. The second fix would remove the requirement that traded-in vehicles be scrapped. "My concern is always to look out for the little guy, the average Joe, in North Dakota and around the country. By requiring a vehicle to be scrapped, it would raise the price of used vehicles substantially and take cars off our roads in a highly wasteful manner. That is why I am glad to see my amendment adopted," Haugland told the press. Haugland's "work on this legislation" was praised by Senate President pro tempore Frank Marsh (D-WV) as he expressed his support. The bill is currently awaiting a motion to conclude debate, which Haugland intends to support.

Haugland's Relief for Rural America Act Picks Up Momentum

 

 

WASHINGTON, DC -- U.S. Senator Al Haugland (D-NPL-ND) introduced the groundbreaking and bipartisan Relief for Rural America Act of 2009 near the start of the current 111th Congress alongside his colleague, Senator Anthony Cornell (R-TX). This bipartisan bill has since attracted ten other co-sponsors at the time of this release, making it the most co-sponsored bill of the year thus far. Senator Haugland introduced the bill at a recent press conference by saying, "The problem we are trying to solve is, at its core, not a partisan issue. Rural issues are American issues, and regardless of whether you vote Republican or Democratic, it is incumbent on Congressmen and Senators to stand up for these communities." The bill itself would provide much-needed economic stimulus to rural communities, in the form of infrastructure investments, energy upgrades, housing security, and educational empowerment. The Relief for Rural America Act also includes a long-term estate tax fix and is fully paid for in fiscal year 2009.

 

"When I approached Senator Cornell with the framework for this bill, I wanted to address issues that matter to communities all around North Dakota and all around our country." While just about a fifth of Americans live in truly rural communities, "We have been left behind on our small country roads while too much attention in our nation's capital has been focused on Wall Street. I am not against urban and suburban investments, as I've made clear in my recent press conference. But we have under-invested in rural families for years and for decades, so this bill aims to level the playing field with targeted investments to keep rural families in their homes, to extend rural education, and to build up rural infrastructure investments." Senator Haugland specifically pointed to the $15 billion for rural broadband as "a true game-changer for families in small, rural communities nationwide. The power of the Internet should be a great equalizer, and this bill will help accomplish this with shovel-ready jobs in broadband, in roads, and water infrastructure." As the leading sponsor of the bill, Senator Haugland said, "I reiterate my passionate call for Senate Majority Leader Kennedy to bring this bill to the floor as soon as possible to help everyday folks struggling with this recession."

Aye.

Professor Tyson, I join my colleague from Michigan in being impressed by your credentials. An MIT PhD in Economics, time at professorships at Princeton and Berkeley, heading the CEA and NEC - all great qualifiers.

 

My question, however, has to do with your time on the Board of Morgan Stanley. According to my notes, you first became a Director at that bank in 1997. First, I'm assuming you have already tendered your resignation upon accepting this nomination. Can you confirm that for us here today?

 

Now, since 1997, Morgan Stanley has had its ups and its downs. One I'd like to focus on is the 2005 resignation of Philip Purcell, the Morgan Stanley CEO. He had been against the types of risky, subprime loans before he was unceremoniously forced out by the so-called "Group of Eight." Can you outline your involvement in this event for us?

 

Specifically, I've had the opportunity to skim through Patricia Beard's 2007 book Blue Blood and Mutiny, where one passage stands out to me on page 209:

 

"[Former Morgan Stanley President Robert] Scott says that Tyson [that would be you] was aware that there were problems and thought it was a positive development for there to be an agent from outside."

 

Would you agree with Mr. Scott's characterization provided in Ms. Beard's book?

 

Notably, after the shake-up at Morgan Stanley, most of the Board left - an acknowledgement that the new direction at the firm was too risky - but you remained. And we all know the outcome of the shake-up at Morgan Stanley, with the bank's new leadership taking on new risks that had the effect of throwing our economy into a global financial crisis. Do you believe you did everything you could to stand up for the well-being of Morgan Stanley and the American economy during your time on the Board of Directors? And, in retrospect, what would you have done differently with respect to the Purcell ousting?

Mr. President,

 

I rise today in support of our American auto manufacturers, and as a result, in general support of this bill. With the decline in the economy, there has also been a decline in the number of American-built cars sold here in the United States. This bill, it is my understanding, would encourage new car purchases and provided needed economic support to do so. This bill could, in many ways, be the best of both worlds: helping car makers without a direct bailout all by helping American consumers. And, in the process, we will be helping conserve our beautiful and important environment by reducing auto emissions.

 

That said, there are a few areas I would like to address and would like to amend to make this good bill, even better.

 

The first is the threat of American tax dollars going to foreign automakers. While the bill as introduced focuses on American and North American-made auto manufacturers, I believe it is imprudent to send our tax dollars to Canada or Mexico. That is why I am moving the following amendment:

Haugland I

1 hour ago, RFW said:

(i) $4,000 for a passenger automobile assembled in the United States with a minimum average highway fuel economy of 27 miles per gallon;

(ii) $4,000 for a passenger automobile assembled in North America with a minimum average highway fuel economy of 30 miles per gallon;

(iii) $4,000 for a light truck assembled in the United States with a minimum highway label fuel economy value of 24 miles per gallon;

(iv) $5,000 for a passenger automobile assembled in the United States with a minimum average highway fuel economy of 30 miles per gallon;

(v) $5,000 for a work truck assembled in the United States registered by the dealer as a registered work truck;

(vi) $3,000 for a light truck assembled in North America with a minimum highway label fuel economy value of 24 miles per gallon.
(vii) $6,000 for a battery electric automobile or a new plug-in electric drive automobile assembled in the United States.

 

The second fix I would like to see involves looking out for the little guy. In North Dakota, as in many states across this nation, we don't see much value in scrapping an old vehicle just because the federal government says you need to. This seems highly wasteful, and in fact will raise the price of used vehicles on the market by taking away supply. I support our used car owners, who are oftentimes less able to afford expensive new vehicles. That is why I move the following amendment:

Haugland II

1 hour ago, RFW said:

SEC. 4. DISPOSAL OF VEHICLES.

(a) The Secretary shall establish regulations for the disposal of qualified trade-in vehicles such that the vehicles that are traded-in shall be crushed or shredded within a set time frame and processed prior to crushing or shredding to ensure the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury switches, and such other toxic or hazardous vehicle components.

(1) The dealer shall be responsible for certifying to the Secretary that the vehicle will be crushed or shredded within a specific time period, certifying that the vehicle has been crushed or shredded following the conclusion of that time period, and certifying that the vehicle has not been retitled.

(2) The dismantler and recycler tasked with disposing of a vehicle shall provide certification to the dealer that the vehicle will be crushed or shredded within a certain period of time and further certifying when the vehicle has been crushed or shredded.

(b) The Secretary shall coordinate with the Attorney General to ensure that the National Motor Vehicle Title Information System is appropriately updated to reflect the crushing or shredding of high polluting automobiles under this section.

(c) The Secretary of Transportation shall make provision to allow dismantlers and recyclers tasked with the disposal of qualified trade-in vehicles under subsection (1) of this section to remove any parts of such crushed or shredded high polluting automobile, other than the engine block and drive train, and sell them for use as replacement parts.

 

I believe that my two proposed amendments make this bill better, stronger, and easier to help our consumers, our American car makers, and our natural environment. I hope for their adoption, and I yield.

CS

Mr. President pro tempore,

 

I second the motion for unanimous consent.

 

And I yield.

Name: Al Haugland D-NPL-ND)

Media/Outlet: NBC North Dakota

Reason: Presidential Inauguration

• "President Ellis' inaugural address hit all of the right notes. He acknowledged that real people are having real challenges nationally and that it is our responsibility as lawmakers to keep the American Dream alive. He spoke to the need for energy independence, something I strongly support."
• "But perhaps most importantly for those of us here in North Dakota, President Ellis acknowledged the American heartland - places like Fargo and Minot; Dickinson and Bismarck. Our communities need stability and we need future-oriented investment. I am optimistic that President Ellis will deliver for our state, and our entire nation."
• "Heading into the next four, possibly eight, years, I will continue to be an ardent advocate for our values and needs as a state. I'm not afraid to stand up to the White House if it's wrong, but I trust President Ellis will do what's right for all 50 states and take counsel when offered."

IN THE SENATE

 

Mr. HAUGLAND and Mr. CORNELL (for themselves, Ms. BLISS, Mr. ARMSTRONG, Mr. COLE of VIRGINIA, Mr. MARSH, Mr. SCOTT, Ms. REDGRAVE, Mr. RICHEY, Mr. UNDERBOARD, Mr. MINER, Ms. LOCKHART, and Mr. BURTON, Mr. STARNES, and Mr. COLE) introduced the following bill;

 

A BILL

To provide emergency economic relief to rural America.

 

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

 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) This Act may be cited as the “Relief for Rural America Act of 2009”.

(b) The Table of Contents of this Act is as follows:

1. Short title and table of contents.

Title I - Infrastructure

101. Rural broadband.

102. Rural mobility.

103. Rural water investments.

Title II - Energy

201. Electrical transmission.

202. Rural electrification.

203. Rural insulation.

204. Renewable fuel pipelines.

Title III - Economic Development

301. Rural housing.

302. Rural entrepreneurship.

Title IV - Education

401. Rural remote learning incentive.

402. Rural school facilities.

Title V - Miscellaneous

501. Estate tax reform.

502. TARP offset.

 

TITLE I - INFRASTRUCTURE

 

SECTION 101. RURAL BROADBAND.

(a) The Secretary of Commerce shall establish a Rural Broadband Infrastructure Grant Program to provide grants to States, tribes, and nonprofit organizations for the installation and improvement of broadband infrastructure in unserved rural areas.

(b) Grants provided under this program shall prioritize projects that serve areas where no broadband infrastructure currently exists, or where existing infrastructure is deemed by the Secretary as inadequate to meet the needs of the community.

(c) Up to 10% of the funds provided under this program may be used by the Secretary for zero-interest loans to for-profit broadband developers if a State, tribe, or nonprofit organization will not install or improve service to an area.

(d) Grant recipients shall be required to provide an annual report to the Department of Commerce on the progress and outcomes of their broadband infrastructure projects through the completion of the project.

(e) The primary purposes of this grant program shall be to expand broadband coverage nationally, to enhance consumer use of the Internet, to provide broadband access for rural schools and healthcare facilities, and to increase use by public safety agencies.

(f) There is hereby appropriated $15,000,000,000 for fiscal year 2009 to carry out the purposes of this section.

 

SECTION 102. RURAL MOBILITY.

(with thanks to Sen. Barrasso)

(a) In General.—Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

Ҥ 167. Rural Mobility and Access for America program

“(a) Definition Of Rural State.—In this section, the term ‘rural State’ means any of the 50 States that—

“(1) has a population density of 45 or fewer individuals per square mile of land area; or

“(2) does not include, within the borders of the State, a plurality of the population of a metropolitan planning area served by a metropolitan planning organization under section 134 that encompasses, in whole or part, an urbanized area with a population of more than 500,000 individuals.

“(b) Establishment.—The Secretary shall establish and implement a program to benefit the surface transportation system in the United States by allocating funds to rural States.

“(c) State Allocations.—

“(1) IN GENERAL.—Funds authorized to be appropriated for the program established under subsection (b) shall be allocated for each fiscal year among rural States equally.

“(2) USE OF DECENNIAL CENSUS DATA.—In determining the population density of States or the population of urbanized areas for the purpose of this section, the Secretary shall use data contained in the latest decennial census.

“(d) Use Of Funds.—Funds allocated to a State for the program established under subsection (b)—

“(1) may be used for any type of project eligible under section 133(b); and

“(2) are not subject to other provisions of section 133.

“(e) Authorization Of Appropriations.—

“(1) IN GENERAL.—There is authorized to be appropriated to carry out this section from the Highway Trust Fund (other than the Mass Transit Account), for fiscal year 2010 and each fiscal year thereafter, the amount determined under paragraph (2), which shall—

“(A) be used to carry out the program under this section;

“(B) remain available until expended;

“(C) be available for obligation as if the funds were apportioned under this chapter; and

“(D) not be subject to any limitation on obligations.

“(2) AMOUNT.—The amount referred to in paragraph (1) is, for a fiscal year, 331⁄3 percent of the amount of funds for that fiscal year authorized to be allocated to those metropolitan planning organizations that serve a metropolitan planning area that encompasses, in whole or part, an urbanized area with a population of more than 500,000 individuals.”.

(b) Conforming Amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end of the items relating to subchapter I the following:

“167. Rural Mobility and Access for America program.”.

(c) There is hereby appropriated $15,000,000,000 for fiscal year 2009 to the Secretary of Transportation for disbursements to rural States for the Rural Mobility and Access for America program, as outlined in this section.

 

SECTION 103. RURAL WATER INVESTMENTS.

(a) There is hereby appropriated $8,000,000,000 for fiscal year 2009 to the Secretary of the Interior to be used for authorized rural water projects of the Bureau of Reclamation.

(b) The funds appropriated under subsection (a) shall be allocated by the Secretary of the Interior to the Bureau of Reclamation to carry out authorized rural water projects, including planning, design, and construction of new water supply and distribution facilities, rehabilitation of existing facilities, and other activities necessary for ensuring a reliable water supply for rural communities.

(c) In allocating funds under subsection (a), the Secretary of the Interior shall give priority to rural water projects that have been submitted to Congress in the past two years and which are aimed at preventing droughts.

(d) There is further appropriated $2,000,000,000 for fiscal year 2009 to the US Army Corps of Engineers for the purpose of carrying out authorized rural levee construction, flood control, and other projects in rural states.

(e) The funds appropriated under subsection (d) shall be used by the US Army Corps of Engineers to carry out authorized projects that provide critical flood protection to rural communities, protect and restore natural resources, and enhance economic development opportunities.

(f) In allocating funds under this section, the US Army Corps of Engineers shall give priority to rural levee and flood control projects that are located in areas with the greatest need for flood protection, and that serve disadvantaged communities.

 

TITLE II - ENERGY

 

SECTION 201. ELECTRICAL TRANSMISSION.

(a) Any State, political subdivision of a State, or tribal entity that provides electric service, directly or indirectly to the public, may issue tax-exempt bonds to finance electric transmission facilities. The interest on such bonds shall be exempt from Federal income taxation.

(b) The total face amount of the bonds issued under this section may not exceed $3,000,000,000 per year, adjusted annually by the Secretary of the Treasury for inflation. If the Secretary of the Treasury has a reasonable belief that the electric transmission facilities bond offerings will be oversubscribed, the Secretary shall prioritize approving such bonds in rural areas.

(c) The proceeds of the bonds issued under this section shall be used solely for the construction, reconstruction, or improvement of electric transmission facilities. These electric transmission facilities shall be located within the jurisdictional boundaries of the issuer, but may be used to transmit electric energy across State lines.

(d) The Secretary of the Treasury shall prescribe regulations necessary to carry out this section.

(e) The Secretary of Energy shall provide technical assistance to States, political subdivisions of States, and tribal entities in connection with the planning, design, and construction of electric transmission facilities financed under this section.

(f) For the purpose of this section:

(1) "State" means any State of the United States, the District of Columbia, and Puerto Rico.

(2) "Political subdivision of a State" means any municipality, county, agency, authority, or other political subdivision of a State.

(3) "Tribal entity" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation.

(4) "Electric transmission facilities" means facilities used for the transmission of electric energy in commerce, including any equipment or facilities used for the transformation, conversion, switching, or other processing of electric energy for transmission.

 

SECTION 202. RURAL ELECTRIFICATION.

(a) The Secretary of Agriculture shall establish a Rural Electrification Program to provide funding for the expansion and improvement of rural electrification systems.

(b) Entities eligible for funding under this program include rural electric cooperatives, municipal utilities, and other not-for-profit entities providing electric service to rural areas, including tribal energy providers.

(c) Funds provided under this program may be used for the construction, improvement, or expansion of electric transmission and distribution systems in rural areas.

(d) Funds shall be allocated to projects based on the number of households and businesses impacted, community need, project feasibility, and estimated cost-effectiveness.

(e) The Secretary shall submit an annual report to Congress through fiscal year 2015 on the progress and outcomes of the Rural Electrification Program, including the number of households and businesses served by the investment.

(f) There is hereby appropriated $6,000,000,000 for fiscal year 2009 for the Rural Electrification Program.

 

SECTION 203. RURAL INSULATION.

(a) The Secretary of Agriculture shall establish a Rural Housing Insulation Program to provide funding for the installation of insulation in rural homes.

(b) Homeowners in rural areas with an income at or below 90 percent of the median income for their area shall be eligible for funding under this program.

(c) Funds provided under this program may be used for the purchase and installation of insulation materials and associated labor costs.

(d) Funds shall be allocated to projects based on individual household need, project feasibility, and estimated cost-effectiveness.

(e) The Secretary shall submit an annual report to Congress through fiscal year 2013 on the progress and outcomes of the Rural Electrification Program, including the number of households served by the investment.

(f) There is hereby appropriated $3,000,000,000 for fiscal year 2009 for the Rural Housing Insulation Program.

 

SECTION 204. RENEWABLE FUEL PIPELINES.

(a) The Secretary of Energy shall establish a program to provide loan guarantees for the construction, retrofitting, or expansion of pipelines that transport renewable fuels. The maximum amount of loan guarantees provided under this section shall be $2,500,000,000.

(b) To be eligible for a loan guarantee under this section, an applicant shall:

(1) be a U.S. entity;

(2) demonstrate the technical and financial feasibility of the project; and

(3) demonstrate that the project is likely to produce a net reduction in greenhouse gas emissions.

(c) Priority shall be given to projects that:

(1) support the use of domestically produced renewable fuels;

(2) serve areas with limited or no access to renewable fuel;

(3) use innovative technologies to increase the efficiency of pipeline transportation of renewable fuel; and

(4) have a demonstrated market for renewable fuel.

(d) Loan guarantees provided under this section shall be subject to such terms and conditions as the Secretary of Energy determines to be appropriate to protect the interests of the United States. The term of any loan guaranteed under this section shall not exceed 30 years.

(e) For the purpose of this section:

(1) "Renewable fuel" means any advanced biofuel, cellulosic biofuel, biodiesel, renewable diesel, renewable natural gas, or any other fuel derived from renewable biomass.

(2) "Pipeline" means any pipeline or related facilities used for the transportation of renewable fuel.

 

TITLE III - ECONOMIC DEVELOPMENT

 

SECTION 301. RURAL HOUSING.

(a) There are hereby authorized emergency, forgivable and subsidized loans of up to $25,000,000,000 to the Doug Bereuter Section 502 single family rural housing program, with the purpose of keeping families in their homes.

(b) Loans under this section shall be available to eligible individuals and families who are at risk of losing their homes due to economic hardship, such as job loss, reduced income, or other circumstances beyond their control. The total value of a loan may not exceed 10% of the borrower’s remaining mortgage balance.

(c) Loans made under this section shall be at an interest rate of no more than 2% per year, and shall have a term of up to 30 years. However, loans made under this section shall be forgivable if the borrower remains in their home for a period of five years from the date of loan disbursement. After five years of successful payments, the loan shall be forgiven in full.

(d) The loans authorized under this section shall be administered by the Rural Housing Service of the Department of Agriculture.

(e)  Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit a report to Congress detailing the allocation and use of the loans authorized under this section, including information on the progress made in providing emergency loans to eligible individuals and families under the Doug Bereuter Section 502 single family rural housing program.

 

SECTION 302. RURAL ENTREPRENEURSHIP.

(a) The Small Business Administration shall provide assistance to rural entrepreneurs through low-interest loans, training, technical assistance, and other programs that the Administrator determines are necessary to help rural entrepreneurs start or expand their businesses.

(b) To be eligible for assistance under this section, a rural entrepreneur shall:

(1) Be located in a rural area;

(2) Meet the size standards established by the Small Business Administration for the industry in which the entrepreneur is engaged;

(3) Be unable to obtain credit elsewhere on reasonable terms; and

(4) Demonstrate the ability to repay the loan.

(c) There are hereby authorized loans of up to $1,000,000,000 to be issued by the Small Business Administration to carry out the purposes of this section.

(d) Not later than 12 months after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit a report to Congress detailing the allocation and use of the funds appropriated under this section, including information on the progress made in providing assistance to rural entrepreneurs.

(e) In this section, the term “rural area” means any area other than: (1) a city or town that has a population of greater than 50,000 inhabitants; and (2) the urbanized area contiguous and adjacent to such a city or town.

 

TITLE IV - EDUCATION

 

SECTION 401. RURAL REMOTE LEARNING INCENTIVE.

(a) The Secretary of Education shall establish a Rural Remote Learning Incentive Program to provide financial assistance to rural school districts to offer Advanced Placement or dual enrollment college credit coursework remotely.

(b) To be eligible for the program, a school district must demonstrate that it has, or will have upon receipt of federal funding:

(1) The technological capacity to offer remote coursework;

(2) The instructional resources necessary to offer remote coursework.

(c) Participating school districts are eligible to receive financial assistance to cover the costs of developing and delivering remote coursework, including teacher training, curriculum development, and technology upgrades.

(d) Financial assistance shall be provided in the form of grants, and shall be distributed on a competitive basis.

(e) The Secretary of Education shall establish a process for evaluating grant applications and awarding financial assistance based on:

(1) The number of participating students in an eligible, rural school district;

(2) The National Center for Education Statistics definition, with first preference given to rural-remote districts and second preference given to rural-distant districts; and

(3) The extent to which necessary technology upgrades for the Program will benefit students other than those enrolled in Advanced Placement or dual enrollment college credit coursework.

(f) Participating school districts shall be required to provide an annual report to their State Education Agency, which must then send a statewide report to the Department of Education. The report shall be in the least restrictive manner necessary to measure the effectiveness and outcomes of their remote coursework offerings, including student participation and performance data on examinations.

(g) The Secretary of Education shall be authorized to provide technical assistance and support to participating school districts, including best practices for remote teaching and learning, and guidance on compliance with federal regulations related to online education.

(h) There is hereby appropriated $100,000,000 annually for fiscal years 2009, 2010, 2011, 2012 and 2013 to carry out the purposes of this section.

(i) For the purposes of this section, a "rural school district" is a Local Educational Agency where at least 75% of enrolled students reside in a locale that is defined by the National Center for Education Statistics as "Rural."

 

SECTION 402. RURAL SCHOOL FACILITIES.

(a) Rural school districts shall be authorized to issue tax-exempt bonds for the acquisition of land for school construction, for the construction of new schools, and for the rehabilitation or repair of existing school facilities. The interest on such bonds shall be exempt from Federal income taxation.

(b) To be eligible for tax-exempt and tax-preferred bonds under this section, a rural school district shall:

(1) be located in a county with a population density of less than 50 residents per square mile;

(2) demonstrate the need for the bond issuance;

(3) demonstrate the ability to repay the bonds; and

(4) comply with all other requirements and limitations set forth in this section.

(c) The total amount of tax-exempt and tax-preferred bonds issued by rural school districts under this section shall not exceed $500,000,000 per fiscal year.  No more than 2% of the proceeds from the bond issuance may be used for administrative expenses.

(d) Rural school districts that issue tax-exempt and tax-preferred bonds under this section shall report to the Secretary of Education on the use of the bond proceeds and the progress of the projects funded by the bonds. The Secretary of Education shall compile and make publicly available an annual report on the use bonds issued by rural school districts under this section.

(e) For the purpose of this section:

(1) "Rural school district" means a Local Educational Agency where at least 75% of enrolled students reside in a locale that is defined by the National Center for Education Statistics as "Rural."

(2) "School facility" means any building, structure, or facility used for educational purposes by a rural school district.

 

TITLE V - MISCELLANEOUS

 

SECTION 501. ESTATE TAX REFORM.

(a) Except as provided in subsection (b) of this section, effective beginning in tax year 2010 the estate tax shall be permanently set at 40% on the value of an estate beyond an initial exclusion of $4,000,000. 

(b) Land used for agricultural purposes is hereby exempt from the estate tax. This exemption shall apply in addition to the $4,000,000 exclusion in subsection (a) of this section.

 

SECTION 502. TARP OFFSET.

Within 60 days of the passage of this Act, the Secretary of the Treasury shall determine the full fiscal impact in fiscal year 2009 of this Act and reduce the total amount that remains available under the Troubled Asset Relief Program (TARP) by the amount of the fiscal impact in fiscal year 2009.

 

PES.

Title I - Appropriates $15 billion for rural broadband, $15 billion for rural state transportation projects, and a total of $10 billion for various rural water investments.

Title II - Authorizes $3 billion annually of tax-exempt electrical transmission bonds, appropriates $6 billion for rural electrification, and appropriates $3 billion for rural insulation.

Title III - Authorizes forgivable loans of $25 billion to keep rural families in their homes and $1 billion of standard loans for rural small businesses.

Title IV - Appropriates $100 million for each of five years for advanced remote learning in rural areas and authorizes up to $500 million in new rural school facilities bonds annually.

Title V - Sets the estate tax, starting in Tax Year 2010, at 40% of the amount above an exclusion of $4 million, with all land used for agricultural purposes also exempt from the estate tax. Directs the Secretary of the Treasury to offset the fiscal year 2009 costs of this bill by reducing available TARP monies.

CS

IN THE SENATE OF THE UNITED STATES

 

Mr. HAUGLAND (for himself, Ms. KANE, Mr. BROWN, and Mr. SCOTT, with thanks to Mr. KOHL) introduced the following bill;

 

A BILL

To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

 

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 “Railroad Antitrust Enforcement Act of 2009”.

 

SECTION 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending with “Code.” is amended to read as follows: “Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier that is not a railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code.”.

 

SECTION 3. MERGERS AND ACQUISITIONS OF RAILROADS.

The sixth undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended to read as follows:

“Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Power Commission, Surface Transportation Board (except for transactions described in section 11321 of that title), the Securities and Exchange Commission in the exercise of its jurisdiction under section 10 (of the Public Utility Holding Company Act of 1935), the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in the Commission, Board, or Secretary.”.

 

SECTION 4. LIMITATION OF PRIMARY JURISDICTION.

The Clayton Act is amended by adding at the end thereof the following:

“Sec. 29. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16 of this Act, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.”.

 

SECTION 5. FEDERAL TRADE COMMISSION ENFORCEMENT.

(a) Clayton Act.—Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking “subject to jurisdiction” and all that follows through the first semicolon and inserting “subject to jurisdiction under subtitle IV of title 49, United States Code (except for agreements described in section 10706 of that title and transactions described in section 11321 of that title);”.

(b) FTC Act.—Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking “common carriers subject” and inserting “common carriers, except for railroads, subject”.

 

SECTION 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.

Section 4 of the Clayton Act (15 U.S.C. 15) is amended by—

(1) redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(2) inserting after subsection (a) the following:

“(b) Subsection (a) shall apply to a common carrier by railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroads have filed rates or whether a complaint challenging a rate has been filed.”.

 

SECTION 7. TERMINATION OF EXEMPTIONS IN TITLE 49.

(a) In General.—Section 10706 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (2)(A), by striking “, and the Sherman Act (15 U.S.C. 1 et seq.),” and all that follows through “or carrying out the agreement” in the third sentence;

(B) in paragraph (4)—

(i) by striking the second sentence; and

(ii) by striking “However, the” in the third sentence and inserting “The”; and

(C) in paragraph (5)(A), by striking “, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement”; and

(2) by striking subsection (e) and inserting the following:

“(e) Application Of Antitrust Laws.—

“(1) IN GENERAL.—Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).

“(2) ANTITRUST ANALYSIS TO CONSIDER IMPACT.—In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, on consumers, and on affected communities.”.

(b) Combinations.—Section 11321 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “The authority” in the first sentence and inserting “Except as provided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the authority”; and

(B) by striking “is exempt from the antitrust laws and from all other law,” in the third sentence and inserting “is exempt from all other law (except the antitrust laws referred to in subsection (c)),”; and

(2) by adding at the end the following:

“(c) Application Of Antitrust Laws.—

“(1) IN GENERAL.—Nothing in this section exempts a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8–9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322 of title 49, United States Code.

“(2) ANTITRUST ANALYSIS TO CONSIDER IMPACT.—In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and on affected communities.”.

(c) Conforming Amendments.—

(1) The heading for section 10706 of title 49, United States Code, is amended to read as follows: “Rate agreements”.

(2) The item relating to such section in the chapter analysis at the beginning of chapter 107 of such title is amended to read as follows:
“10706. Rate agreements.”.

 

SECTION 8. EFFECTIVE DATE.

(a) In General.—Subject to the provisions of subsection (b), this Act shall take effect on the date of enactment of this Act.

(b) Conditions.—

(1) PREVIOUS CONDUCT.—A civil action under section 4, 15, or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) may not be filed with respect to any conduct or activity that occurred prior to the date of enactment of this Act that was previously exempted from the antitrust laws as defined in section 1 of the Clayton Act (15 U.S.C. 12) by orders of the Interstate Commerce Commission or the Surface Transportation Board issued pursuant to law.

(2) GRACE PERIOD.—A civil action or complaint described in paragraph (1) may not be filed earlier than 180 days after the date of enactment of this Act with respect to any previously exempted conduct or activity or previously exempted agreement that is continued subsequent to the date of enactment of this Act.

 

PES.

Prospectively removes current exemptions and subjects the American freight railroad industry to all the provisions of the nation's antitrust laws. Specifically:

Amends the Clayton Act and FTC Act to allow antitrust suits to be brought against rail carriers under the Surface Transportation Board (STB).

Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.

Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.

Removes STB authority to exempt a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.

Haugland Praises Department of Interior Decision on Concealed Carry

 

 

DICKINSON, ND -- U.S. Senator Al Haugland (D-NPL-ND) recently visited the city of Dickinson in western North Dakota, near the Theodore Roosevelt National Park, to discuss the importance of the Department of the Interior's latest action to allow the concealed carry of firearms. "I am a proud gun owner, a proud concealed carry permit holder, and a proud supporter of conservation, including our National Park system," Haugland said to local media. "So, it is only natural that I support the issuance of a final rule to allow Americans to exercise their Second Amendment rights up the road at Theodore Roosevelt National Park, and other national parks around the country." The announcement follows a public bipartisan effort to encourage outgoing Secretary of the Interior Dirk Kempthorne to allow Americans to carry firearms more openly on federal lands.

 

"The Second Amendment is quite clear that the federal government shall not infringe on the constitutional right of American citizens to carry a firearm. That's how those of us in North Dakota view things, and I am glad to carry this message from my constituents back to Washington, DC," Senator Haugland said. "This commonsense policy change will align the National Parks' policy with those of individual states. So, North Dakotans will be able to carry in Theodore Roosevelt National Park, as will residents of states that have concealed carry permits in alignment with our state's laws," the Senator explained. "Even though this change may have come late in an administration, it was subject to proper vetting and input from dozens of sitting US Senators. I am optimistic that frivolous lawsuits will be thrown out and law-abiding Americans will be able to enjoy their Second Amendment rights to a more complete degree."

Press Office of

Senator Al Haugland

Democratic-Nonpartisan League Senator for North Dakota