US Congress Senate Bill 386 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 25-2-1)
Status: Passed on May 20 2009 - 100% progression
Action: 2009-05-20 - Became Public Law No: 111-21.
Text: Latest bill text (Enrolled) [PDF]

Fraud Enforcement and Recovery Act of 2009 or FERA - (Sec. 2) Amends the federal criminal code to include within the definition of "financial institution" a mortgage lending business or any person or entity that makes, in whole or in part, a federally related mortgage loan. Defines "mortgage lending business" as an organization that finances or refinances any debt secured by an interest in real estate, including private mortgage companies and their subsidiaries, and whose activities affect interstate or foreign commerce. Extends the prohibition against making false statements in a mortgage application to employees and agents of a mortgage lending business. Applies the prohibition against defrauding the federal government to fraudulent activities involving the Troubled Asset Relief Program (TARP) or a federal economic stimulus, recovery, or rescue plan. Expands securities fraud provisions to cover fraud involving options and futures in commodities. Expands the concept of monetary proceeds, for purposes of enforcing prohibitions against money laundering, to include gross receipts. Expresses the sense of Congress with respect to the prosecution of money laundering crimes in combination with other closely-connected offenses. Requires the Attorney General to report to the House and Senate Judiciary Committees on such prosecutions. (Sec. 3) Authorizes appropriations to the Attorney General for FY2010-FY2011 for investigations, prosecutions, and civil and administrative proceedings involving federal assistance programs and financial institutions. Allocates such funds among various departments of the Department of Justice (DOJ). Requires that an appropriate percentage of such funds be used to investigate mortgage fraud. Authorizes additional appropriations to the U.S. Postal Service, the Inspector General for the Department of Housing and Urban Development (HUD), the U.S. Secret Service, and the Securities and Exchange Commission (SEC), including the Office of Inspector General, in FY2010-FY2011 for similar investigations. Requires the Attorney General, in consultation with the U.S. Postal Inspection Service, the Inspector General for HUD, the Secretary of Homeland Security, and the SEC Commissioner [sic], to submit a report to Congress identifying: (1) amounts spent for investigations, with a certification of compliance that funds have been spent in accordance with this Act; and (2) amounts recovered from criminal or civil restitution, fines, penalties, and other monetary recoveries. (Sec. 4) Amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) apply liability under such Act for presenting a false or fraudulent claim for payment or approval (currently limited to such a claim presented to an officer or employee of the federal government). Requires persons who violate such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages. Modifies and expands provisions of the False Claims Act relating to intervention by the federal government in civil actions for false claims, sharing of information by the Attorney General with a claimant, retaliatory relief, and service upon state or local authorities in sealed cases. (Sec. 5) Establishes in the legislative branch the Financial Crisis Inquiry Commission to examine the causes of the current U.S. financial and economic crisis, taking into account fraud and abuse in the financial sector and other specified factors. Requires the Commission to submit a final report on its findings to the President and Congress on December 15, 2010. Requires the Commission chairperson to appear before the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs within 120 days after the submission of such report. Terminates the Commission 60 days after the submission of such report. Authorizes appropriations.

FERA

Sen. Evan Bayh [D-IN]	Sen. Mark Begich [D-AK]	Sen. Michael Bennet [D-CO]	Sen. Roland Burris [D-IL]
Sen. Benjamin Cardin [D-MD]	Sen. Christopher Dodd [D-CT]	Sen. Byron Dorgan [D-ND]	Sen. Richard Durbin [D-IL]
Sen. Kirsten Gillibrand [D-NY]	Sen. Chuck Grassley [R-IA]	Sen. Tom Harkin [D-IA]	Sen. Edward Kaufman [D-DE]
Sen. Amy Klobuchar [D-MN]	Sen. Patrick Leahy [D-VT]	Sen. Carl Levin [D-MI]	Sen. Robert Menendez [D-NJ]
Sen. Barbara Mikulski [D-MD]	Sen. Patty Murray [D-WA]	Sen. Mark Pryor [D-AR]	Sen. Harry Reid [D-NV]
Sen. John Rockefeller [D-WV]	Sen. Bernard Sanders [I-VT]	Sen. Charles Schumer [D-NY]	Sen. Jeanne Shaheen [D-NH]
Sen. Olympia Snowe [R-ME]	Sen. Arlen Specter [D-PA]	Sen. Debbie Stabenow [D-MI]	Sen. Sheldon Whitehouse [D-RI]

Date	Chamber	Action
2009-05-20		Became Public Law No: 111-21.
2009-05-20		Signed by President.
2009-05-19		Presented to President.
2009-05-19		Cleared for White House.
2009-05-18		Motion to reconsider laid on the table Agreed to without objection.
2009-05-18		On motion that the House suspend the rules and agree to the Senate amendment to the House amendments Agreed to by the Yeas and Nays: (2/3 required): 338 - 52 (Roll no. 268). (text as House agreed to Senate amendment: CR H5686)
2009-05-18		At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Burgess objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn. (consideration: CR H5688)
2009-05-18		DEBATE - The House proceeded with forty minutes of debate on S. 386.
2009-05-18		Mr. Scott (VA) moved that the House suspend the rules and agree to the Senate amendment to the House amendments. (consideration: CR H5686-5688, S5689)
2009-05-15		Message on Senate action sent to the House.
2009-05-14		Senate concurred in the House amendment to the title by Unanimous Consent.
2009-05-14		S.AMDT.1128 Amendment SA 1128 agreed to in Senate by Unanimous Consent.
2009-05-14		S.AMDT.1128 Amendment SA 1128 proposed by Senator Reid for Senator McConnell. (consideration: CR S5495; text: CR S5495)To modify the provision relating to the issuance of subpoenas.
2009-05-14		Senate concurred in House amendment with an amendment (SA 1128) by Unanimous Consent. (consideration: CR S5494-5495)
2009-05-06		Message on House action received in Senate and at desk: House amendments to Senate bill.
2009-05-06		The title of the measure was amended. Agreed to without objection.
2009-05-06		Motion to reconsider laid on the table Agreed to without objection.
2009-05-06		On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 367 - 59, 1 Present (Roll no. 235). (text: CR H5260-5264)
2009-05-06		Considered as unfinished business. (consideration: CR H5271-5272)
2009-05-06		At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2009-05-06		DEBATE - The House proceeded with forty minutes of debate on S. 386.
2009-05-06		Considered under suspension of the rules. (consideration: CR H5260-5270)
2009-05-06		Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
2009-04-28		Held at the desk.
2009-04-28		Message on Senate action sent to the House.
2009-04-28		Received in the House.
2009-04-28		Passed Senate with an amendment by Yea-Nay Vote. 92 - 4. Record Vote Number: 171. (text: CR S4777-4781)
2009-04-28		Considered by Senate. (consideration: CR S4774-4781)
2009-04-27		The committee substitute as amended agreed to by Unanimous Consent Vote. (consideration: CR S4740)
2009-04-27		S.AMDT.1007 Amendment SA 1007 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.1003 Amendment SA 1003 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.1004 Amendment SA 1004 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.990 Amendment SA 990 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.983 Amendment SA 983 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.994 Amendment SA 994 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.1002 Amendment SA 1002 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.982 Amendment SA 982 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.1000 Amendment SA 1000 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.991 Amendment SA 991 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.996 Amendment SA 996 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		S.AMDT.984 Amendment SA 984 ruled non-germane by the chair. (consideration: CR S4740)
2009-04-27		Point of order raised against pending amendments en bloc.
2009-04-27		Cloture on the committee substitute amendment invoked in Senate by Yea-Nay Vote. 84 - 4. Record Vote Number: 170. (consideration: CR S4740; text: CR S4740)
2009-04-27		S.AMDT.1007 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.1004 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.1003 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.1002 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.1000 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.996 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.994 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.991 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.990 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.984 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.983 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		S.AMDT.982 Considered by Senate. (consideration: CR S4735, S4740)
2009-04-27		Considered by Senate. (consideration: CR S4735-4738, S4738-4741)
2009-04-23		Cloture motion on the committee substitute amendment presented in Senate. (consideration: CR S4657; text: CR S4657)
2009-04-23		S.AMDT.1006 Amendment SA 1006 agreed to in Senate by Voice Vote.
2009-04-23		S.AMDT.1007 Amendment SA 1007 proposed by Senator Hatch. (consideration: CR S4620-4621; text: CR S4620)To prohibit the Department of Labor from expending Federal funds to withdraw a rule pertaining to the filing by labor organizations of an annual financial report required by the Labor-Management Reporting and Disclosure Act of 1959.
2009-04-23		S.AMDT.986 Amendment SA 986 not agreed to in Senate by Yea-Nay Vote. 31 - 61. Record Vote Number: 162.
2009-04-23		S.AMDT.1003 Amendment SA 1003 proposed by Senator Ensign to Amendment SA 1000. (consideration: CR S4616-4617; text: CR S4616-4617)To impose certain requirements on public-private investment fund programs, and for other purposes.
2009-04-23		S.AMDT.1004 Amendment SA 1004 proposed by Senator Ensign. (consideration: CR S4615-4616; text: CR S4615-4616)To impose certain requirements on public-private investment fund programs, and for other purposes.
2009-04-23		S.AMDT.1006 Amendment SA 1006 proposed by Senator Schumer. (consideration: CR S4614-4615, S4621; text: CR S4615)To provide additional funding to the SEC to use in enforcement proceedings.
2009-04-23		S.AMDT.990 Amendment SA 990 proposed by Senator Kohl. (consideration: CR S4611-4614; text: CR S4611-4612)To protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security.
2009-04-23		S.AMDT.983 Amendment SA 983 proposed by Senator Coburn. (consideration: CR S4608-4609; text: CR S4608-4609)To require the Inspector General of the Federal Housing Finance Agency to investigate and report on the activities of Fannie Mae and Freddie Mac that may have contributed to the current mortgage crisis.
2009-04-23		S.AMDT.994 Amendment SA 994 proposed by Senator DeMint. (consideration: CR S4607-4608; text: CR S4607)To prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock, and for other purposes.
2009-04-23		S.AMDT.1002 Amendment SA 1002 proposed by Senator Thune. (consideration: CR S4605-4607; text: CR S4605-4606)To require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program for debt reduction.
2009-04-23		S.AMDT.1000 Considered by Senate. (consideration: CR S4604, S4616, S4631; text as modified: CR S4631)
2009-04-23		S.AMDT.996 Considered by Senate. (consideration: CR S4604)
2009-04-23		S.AMDT.991 Considered by Senate. (consideration: CR S4604)
2009-04-23		S.AMDT.986 Considered by Senate. (consideration: CR S4604, S4609-4611, S4617-4620)
2009-04-23		S.AMDT.984 Considered by Senate. (consideration: CR S4604)
2009-04-23		S.AMDT.982 Considered by Senate. (consideration: CR S4604)
2009-04-23		Considered by Senate. (consideration: CR S4704-4641, S4657)
2009-04-22		S.AMDT.999 Amendment SA 999 agreed to in Senate by Unanimous Consent.
2009-04-22		S.AMDT.982 Amendment SA 982 proposed by Senator Coburn. (consideration: CR S4559-4561; text: CR S4559)To authorize the use of TARP funds to cover the costs of the bill.
2009-04-22		S.AMDT.986 Amendment SA 986 proposed by Senator Kyl. (consideration: CR S4558-4559; text: CR S4558)To limit the amount that may be deducted from proceeds due to the United States under the False Claims Act for purposes of compensating private intervenors to the greater of $50,000,000 or 300 percent of the expenses and costs of the intervenor.
2009-04-22		S.AMDT.1000 Amendment SA 1000 proposed by Senator Boxer. (consideration: CR S4556-4558; text: CR S4557)To authorize monies for the Special Inspector General for the Troubled Asset Relief Program to audit and investigate recipients of non-recourse Federal loans under the Public Private Investment Program and the Term Asset Loan Facility.
2009-04-22		S.AMDT.991 Amendment SA 991 proposed by Senator Vitter. (consideration: CR S4555-4556; text: CR S4555)To authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program, and for other purposes.
2009-04-22		S.AMDT.996 Amendment SA 996 proposed by Senator Inhofe to Amendment SA 984. (consideration: CR S4554-4555; text: CR S4554)To amend title 4, United States Code, to declare English as the national language of the Government of the United States.
2009-04-22		S.AMDT.999 Amendment SA 999 proposed by Senator Dorgan. (consideration: CR S4552-4554, S4561)To establish a select committee of the Senate to make a thorough and complete study and investigation of the facts and circumstances giving rise to the economic crisis facing the United States and to make recommendations to prevent a future recurrence of such a crisis.
2009-04-22		S.AMDT.995 Amendment SA 995 agreed to in Senate by Yea-Nay Vote. 92 - 4. Record Vote Number: 161.
2009-04-22		S.AMDT.995 Amendment SA 995 proposed by Senator Isakson. (consideration: CR S4543-4552)To establish the Financial Markets Commission, and for other purposes.
2009-04-22		S.AMDT.985 Amendment SA 985 agreed to in Senate by Yea-Nay Vote. 94 - 1. Record Vote Number: 160.
2009-04-22		S.AMDT.993 Amendment SA 993 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S4542)
2009-04-22		S.AMDT.993 Amendment SA 993 proposed by Senator Leahy. (consideration: CR S4540-4543; text: CR S4540-4541)To clarify the amendments relating to major fraud.
2009-04-22		S.AMDT.985 Amendment SA 985 proposed by Senator Kyl. (consideration: CR S4539-4540, S4543; text: CR S4539)To modify the definition of the term "obligation".
2009-04-22		S.AMDT.984 Amendment SA 984 proposed by Senator Reid. (consideration: CR S4538-4539; text: CR S4538)To increase funding for certain HUD programs to assist individuals to better withstand the current mortgage crisis.
2009-04-22		Measure laid before Senate by unanimous consent. (consideration: CR S4531-4561; text of measure as reported in Senate: CR S4531-4532)
2009-04-21		Cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (consideration: CR S4498)
2009-04-20		Motion to proceed to measure considered in Senate. (consideration: CR S4408-4426)
2009-04-03		Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR 4/02/2009 S4399; text: CR 4/02/2009 S4399)
2009-03-23		By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-10.
2009-03-05		Placed on Senate Legislative Calendar under General Orders. Calendar No. 28.
2009-03-05		Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
2009-03-05		Committee on the Judiciary. Ordered to be reported with an amendment favorably.
2009-02-05		Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1682-1684)
2009-02-05		Sponsor introductory remarks on measure. (CR S1681-1682)

HB1748 (Related) 2009-05-04 - Placed on the Union Calendar, Calendar No. 43.
HB1793 (Related) 2009-04-27 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
SB378 (Related) 2009-02-10 - Sponsor introductory remarks on measure. (CR S2072-2073)

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/senate-bill/386/all-info
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386is.pdf
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386rs.pdf
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386es.pdf
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386eah.pdf
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386eas.pdf
Text	https://www.congress.gov/111/bills/s386/BILLS-111s386enr.pdf