S. 386 - FERA

FERA

S. 386 — 111^th Congress (2009–2010)

Keywords

Fraud, Finance, Mortgage

Summary

An Act to improve enforcement of mortgage fraud, securities and commodities fraud, financial institution fraud, and other frauds related to Federal assistance and relief programs, for the recovery of funds lost to these frauds, and for other purposes. (by CRS)

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Title

A bill to improve enforcement of mortgage fraud, securities fraud, financial institution fraud, and other frauds related to federal assistance and relief programs, for the recovery of funds lost to these frauds, and for other purposes.

Other Titles

• FERA
• Fraud Enforcement and Recovery Act of 2009
• FERA
• Fraud Enforcement and Recovery Act of 2009
• FERA
• Fraud Enforcement and Recovery Act of 2009
• FERA
• Fraud Enforcement and Recovery Act of 2009
• FERA
• Fraud Enforcement and Recovery Act of 2009
• An Act to improve enforcement of mortgage fraud, securities and commodities fraud, financial institution fraud, and other frauds related to Federal assistance and relief programs, for the recovery of funds lost to these frauds, and for other purposes.

Sponsor

Patrick Leahy

Co-Sponsors

• Amy Klobuchar
• Robert Menéndez
• Edward Kaufman
• Benjamin Cardin
• Harry Reid
• Michael Bennet
• Debbie Stabenow
• Richard Durbin
• Carl Levin
• Barbara Mikulski
• Charles Schumer
• Arlen Specter
• Christopher Dodd
• Sheldon Whitehouse
• Roland Burris
• Byron Dorgan
• Thomas Harkin
• Mark Begich
• Kirsten Gillibrand
• Mark Pryor
• Charles Grassley
• Olympia Snowe
• Jeanne Shaheen
• Patty Murray
• Evan Bayh
• Bernard Sanders
• John Rockefeller

Subjects

• Crime and law enforcement
• Civil actions and liability
• Commodities markets
• Congressional oversight
• Criminal investigation, prosecution, interrogation
• Currency
• Department of Housing and Urban Development
• Department of Justice
• Executive agency funding and structure
• Financial crises and stabilization
• Fraud offenses and financial crimes
• Government investigations
• Housing finance and home ownership
• Postal service
• Securities
• Tax administration and collection, taxpayers

Related Bills

• H.R. 1748 (111^th) : Fight Fraud Act of 2009
• H.R. 1793 (111^th) : Money Laundering Correction Act of 2009
• S. 378 (111^th) : Money Laundering Control Enhancement Act of 2009

Major Actions

Introduced	2/05/2009
Referred to Committee
Amendments (33 proposed)
Passed Senate	4/28/2009
Passed House	5/06/2009
Signed by President	5/20/2009

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	Amendment SA 993 as modified agreed to in Senate by Unanimous Consent.	4/22/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 999 agreed to in Senate by Unanimous Consent.	4/22/2009	PASSED by voice vote
select this vote	Senate	Kyl Amdt. No. 985	4/22/2009	This amendment PASSED the Senate 94 voted YES 1 voted NO 4 voted present/not voting
select this vote	Senate	Isakson Amdt. No. 995	4/22/2009	This amendment PASSED the Senate 92 voted YES 4 voted NO 3 voted present/not voting
select this vote	Senate	Amendment SA 1006 agreed to in Senate by Voice Vote.	4/23/2009	PASSED by voice vote
select this vote	Senate	Kyl Amdt. No. 986	4/23/2009	This amendment DID NOT PASS the Senate 31 voted YES 61 voted NO 7 voted present/not voting
select this vote	Senate	Motion to Invoke Cloture on the Committee Substitute to S. 386	4/27/2009	This motion PASSED the Senate 84 voted YES 4 voted NO 11 voted present/not voting
select this vote	Senate	On Passage - Senate - S. 386 as Amended	4/28/2009	This bill PASSED the Senate 92 voted YES 4 voted NO 3 voted present/not voting
currently selected	House	On Passage - House - S 386 Fraud Enforcement and Recovery Act - Under Suspension of the Rules	5/06/2009	This bill PASSED the House 367 voted YES 59 voted NO 6 voted present/not voting
select this vote	Senate	Amendment SA 1128 agreed to in Senate by Unanimous Consent.	5/14/2009	PASSED by voice vote
select this vote	House	Suspend Rules and Agree to S Adt to House Adts: S 386 Fraud Enforcement and Recovery Act	5/18/2009	This motion PASSED the House 338 voted YES 52 voted NO 43 voted present/not voting

	Action	Date	Description
	Introduced	2/05/2009
		2/05/2009	Sponsor introductory remarks on measure. (CR S1681-1682)
		2/05/2009	Read twice and referred to the Committee on the Judiciary.
	Put on a legislative calendar	3/05/2009	Committee on the Judiciary. Ordered to be reported with an amendment favorably.
		3/05/2009	Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
	Put on a legislative calendar	3/05/2009	Placed on Senate Legislative Calendar under General Orders. Calendar No. 28.
		3/23/2009	By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-10.
		4/03/2009	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)
		4/20/2009	Motion to proceed to measure considered in Senate.
		4/21/2009	Cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate.
		4/22/2009	Measure laid before Senate by unanimous consent.
		4/22/2009	Amendment SA 982 proposed by Senator Coburn.
		4/22/2009	Amendment SA 984 proposed by Senator Reid.
		4/22/2009	Amendment SA 985 proposed by Senator Kyl.
		4/22/2009	Amendment SA 986 proposed by Senator Kyl.
		4/22/2009	Amendment SA 991 proposed by Senator Vitter.
		4/22/2009	Amendment SA 993 proposed by Senator Leahy.
select this vote	Vote	4/22/2009	Amendment SA 993 as modified agreed to in Senate by Unanimous Consent.
		4/22/2009	Amendment SA 995 proposed by Senator Isakson.
		4/22/2009	Amendment SA 996 proposed by Senator Inhofe to Amendment SA 984.
		4/22/2009	Amendment SA 999 proposed by Senator Dorgan.
select this vote	Vote	4/22/2009	Amendment SA 999 agreed to in Senate by Unanimous Consent.
		4/22/2009	Amendment SA 1000 proposed by Senator Boxer.
select this vote	Vote	4/22/2009	Kyl Amdt. No. 985
select this vote	Vote	4/22/2009	Isakson Amdt. No. 995
		4/23/2009	Considered by Senate.
		4/23/2009	Cloture motion on the committee substitute amendment presented in Senate.
		4/23/2009	Considered by Senate.
		4/23/2009	Amendment SA 983 proposed by Senator Coburn.
		4/23/2009	Considered by Senate.
		4/23/2009	Considered by Senate.
		4/23/2009	Amendment SA 990 proposed by Senator Kohl.
		4/23/2009	Considered by Senate.
		4/23/2009	Amendment SA 994 proposed by Senator DeMint.
		4/23/2009	Considered by Senate.
		4/23/2009	Considered by Senate.
		4/23/2009	Amendment SA 1002 proposed by Senator Thune.
		4/23/2009	Amendment SA 1003 proposed by Senator Ensign to Amendment SA 1000.
		4/23/2009	Amendment SA 1004 proposed by Senator Ensign.
		4/23/2009	Amendment SA 1006 proposed by Senator Schumer.
select this vote	Vote	4/23/2009	Amendment SA 1006 agreed to in Senate by Voice Vote.
		4/23/2009	Amendment SA 1007 proposed by Senator Hatch.
select this vote	Vote	4/23/2009	Kyl Amdt. No. 986
		4/27/2009	Amendment SA 982 ruled non-germane by the chair.
		4/27/2009	Amendment SA 983 ruled non-germane by the chair.
		4/27/2009	Amendment SA 984 ruled non-germane by the chair.
		4/27/2009	Amendment SA 990 ruled non-germane by the chair.
		4/27/2009	Amendment SA 991 ruled non-germane by the chair.
		4/27/2009	Amendment SA 994 ruled non-germane by the chair.
		4/27/2009	Amendment SA 996 ruled non-germane by the chair.
		4/27/2009	Amendment SA 1000 ruled non-germane by the chair.
		4/27/2009	Amendment SA 1002 ruled non-germane by the chair.
		4/27/2009	Amendment SA 1003 ruled non-germane by the chair.
		4/27/2009	Amendment SA 1004 ruled non-germane by the chair.
		4/27/2009	Amendment SA 1007 ruled non-germane by the chair.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Considered by Senate.
		4/27/2009	Point of order raised against pending amendments en bloc.
		4/27/2009	The committee substitute as amended agreed to by Unanimous Consent Vote.
select this vote	Vote	4/27/2009	Motion to Invoke Cloture on the Committee Substitute to S. 386
		4/28/2009	Considered by Senate.
		4/28/2009	Message on Senate action sent to the House.
select this vote	Senate Vote on Passage	4/28/2009	On Passage - Senate - S. 386 as Amended
		4/28/2009	Received in the House.
		4/28/2009	Held at the desk.
		5/06/2009	Message on House action received in Senate and at desk: House amendments to Senate bill.
		5/06/2009	Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
		5/06/2009	Considered under suspension of the rules.
		5/06/2009	DEBATE - The House proceeded with forty minutes of debate on S. 386.
		5/06/2009	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.
		5/06/2009	Considered as unfinished business.
currently selected	House Vote on Passage	5/06/2009	On Passage - House - S 386 Fraud Enforcement and Recovery Act - Under Suspension of the Rules
		5/06/2009	The title of the measure was amended. Agreed to without objection.
		5/14/2009	Senate concurred in House amendment with an amendment (SA 1128) by Unanimous Consent.
		5/14/2009	Senate concurred in the House amendment to the title by Unanimous Consent.
		5/14/2009	Amendment SA 1128 proposed by Senator Reid for Senator McConnell.
select this vote	Vote	5/14/2009	Amendment SA 1128 agreed to in Senate by Unanimous Consent.
		5/15/2009	Message on Senate action sent to the House.
		5/18/2009	Mr. Scott (VA) moved that the House suspend the rules and agree to the Senate amendment to the House amendments.
		5/18/2009	DEBATE - The House proceeded with forty minutes of debate on S. 386.
		5/18/2009	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.
select this vote	Vote	5/18/2009	Suspend Rules and Agree to S Adt to House Adts: S 386 Fraud Enforcement and Recovery Act
	Presented to President	5/19/2009	Cleared for White House.
	Presented to President	5/19/2009	Presented to President.
	Signed	5/20/2009	Signed by President.
	Enacted	5/20/2009	Became Public Law No: 111-21.

	Number	Sponsor	Date Offered	Status
	S. Amdt. 982	Coburn, Thomas [R-OK]	April 22, 2009	Offered on April 21, 2009.
	To authorize the use of TARP funds to cover the costs of the bill. Show amendment details
	S. Amdt. 983	Coburn, Thomas [R-OK]	April 22, 2009	Offered on April 21, 2009.
	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. Show amendment details
	S. Amdt. 984	Reid, Harry [D-NV]	April 22, 2009	Offered on April 21, 2009.
	To increase funding for certain HUD programs to assist individuals to better withstand the current mortgage crisis. Show amendment details
select this vote	S. Amdt. 985	Kyl, Jon [R-AZ]	April 22, 2009	Passed by roll call vote on April 21, 2009.
	To modify the definition of the term "obligation". Show amendment details
select this vote	S. Amdt. 986	Kyl, Jon [R-AZ]	April 22, 2009	Failed by roll call vote on April 22, 2009.
	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. Show amendment details
	S. Amdt. 987	Kyl, Jon [R-AZ]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 988	Kyl, Jon [R-AZ]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 989	Kyl, Jon [R-AZ]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 990	Kohl, Herbert [D-WI]	April 22, 2009	Offered on April 21, 2009.
	To protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security. Show amendment details
	S. Amdt. 991	Vitter, David [R-LA]	April 22, 2009	Offered on April 21, 2009.
	To authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program, and for other purposes. Show amendment details
	S. Amdt. 992	Inhofe, James [R-OK]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 993	Leahy, Patrick [D-VT]	April 22, 2009	Passed by voice vote on April 21, 2009.
	To clarify the amendments relating to major fraud. Show amendment details
	S. Amdt. 994	DeMint, Jim [R-SC]	April 22, 2009	Offered on April 21, 2009.
	To prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock, and for other purposes. Show amendment details
select this vote	S. Amdt. 995	Isakson, John [R-GA]	April 22, 2009	Passed by roll call vote on April 21, 2009.
	To establish the Financial Markets Commission, and for other purposes. Show amendment details
	S. Amdt. 996	Inhofe, James [R-OK]	April 22, 2009	Offered on April 21, 2009.
	To amend title 4, United States Code, to declare English as the national language of the Government of the United States. Show amendment details
	S. Amdt. 997	Nelson, Bill [D-FL]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 998	Schumer, Charles [D-NY]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 999	Dorgan, Byron [D-ND]	April 22, 2009	Passed by voice vote on April 21, 2009.
	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. Show amendment details
	S. Amdt. 1000	Boxer, Barbara [D-CA]	April 22, 2009	Offered on April 21, 2009.
	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. Show amendment details
	S. Amdt. 1001	Dorgan, Byron [D-ND]	April 22, 2009	Offered on April 21, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1002	Thune, John [R-SD]	April 22, 2009	Offered on April 21, 2009.
	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. Show amendment details
	S. Amdt. 1003	Ensign, John [R-NV]	April 23, 2009	Offered on April 22, 2009.
	To impose certain requirements on public-private investment fund programs, and for other purposes. Show amendment details
	S. Amdt. 1004	Ensign, John [R-NV]	April 23, 2009	Offered on April 22, 2009.
	To impose certain requirements on public-private investment fund programs, and for other purposes. Show amendment details
	S. Amdt. 1005	Kohl, Herbert [D-WI]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1006	Schumer, Charles [D-NY]	April 23, 2009	Passed by voice vote on April 22, 2009.
	To provide additional funding to the SEC to use in enforcement proceedings. Show amendment details
	S. Amdt. 1007	Hatch, Orrin [R-UT]	April 23, 2009	Offered on April 22, 2009.
	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. Show amendment details
	S. Amdt. 1008	Snowe, Olympia [R-ME]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1009	Pryor, Mark [D-AR]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1010	McCaskill, Claire [D-MO]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1011	Coburn, Thomas [R-OK]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1012	Coburn, Thomas [R-OK]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1013	Schumer, Charles [D-NY]	April 23, 2009	Offered on April 22, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1128	McConnell, Mitch [R-KY]	May 14, 2009	Passed by voice vote on May 13, 2009.
	To modify the provision relating to the issuance of subpoenas. Show amendment details