[Congressional Record Volume 155, Number 36 (Monday, March 2, 2009)]
[Senate]
[Pages S2642-S2644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 592. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CONTINUING 2008 FUNDING LEVELS.

       Section 106(3) of Public Law 110-329 is amended by striking 
     ``March 6, 2009'' and inserting ``September 30, 2009''.
                                 ______
                                 
  SA 593. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.    . PROHIBITION ON THE USE OF FUNDS.

       None of the funds in this Act may be used for any project 
     listed in the statement of managers that is not listed and 
     specifically provided for in this Act.
                                 ______
                                 
  SA 594. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of Division I, Title I, insert the following:
       Sec.    . Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available in 
     Division I, Title I of this Act, for the Department of 
     Transportation may be available for the Pleasure Beach Water 
     Taxi Service in Connecticut, and the amount made available 
     under such title is reduced by $1,900,000.
                                 ______
                                 
  SA 595. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of Division A, Title I, insert the following:
       Sec.    . Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available in 
     Division A, Title I of this Act, for the Agricultural 
     Research Service under the heading ``Salaries and Expenses'' 
     may be available for swine odor and manure management 
     research in Ames, Iowa, and the amount made available under 
     such heading is reduced by $1,791,000.
                                 ______
                                 
  SA 596. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1120, between lines 6 and 7, insert the following:


                     prohibition on no-bid earmarks

       Sec. 414.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be used to make any payment in 
     connection with a contract unless the contract is awarded 
     using competitive procedures in accordance with the 
     requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement unless 
     the process used to award such grant or cooperative agreement 
     uses competitive procedures to select the grantee or award 
     recipient.
                                 ______
                                 
  SA 597. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VII in Division A, before the short 
     title, insert the following:
       Sec. 7__.  Any State Conservationist of the Natural 
     Resources Conservation Service of the Department of 
     Agriculture may use funds received by the State 
     Conservationist during fiscal year 2009 for purposes of the 
     environmental quality incentives program established under 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa et seq.) to carry out the watershed 
     rehabilitation program under section 14 of the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1012).
                                 ______
                                 
  SA 598. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 135, line 6, strike the period and insert ``of 
     which $12,000,000 shall be available for the Emmett Till 
     Unsolved Civil Rights

[[Page S2643]]

     Crime Act established under Public Law 110-344.''.
                                 ______
                                 
  SA 599. Ms. MURKOWSKI (for herself, Mr. Begich, Mr. Inhofe, Mr. 
Vitter, and Mr. Brownback) submitted an amendment intended to be 
proposed by her to the bill H.R. 1105, making omnibus appropriations 
for the fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 541, strikes lines 1 through 10 and insert the 
     following:
       (1) the Secretary of the Interior and the Secretary of 
     Commerce may withdraw or repromulgate the rule described in 
     subsection (c)(1) in accordance with each requirement 
     described in subchapter II of chapter 5, and chapter 7, of 
     title 5, United States Code (commonly known as the 
     ``Administrative Procedure Act''), except that the public 
     comment period shall be for a period of not less than 60 
     days; and
       (2) the Secretary of the Interior may withdraw or 
     repromulgate the rule described in subsection (c)(2) in 
     accordance with each requirement described in subchapter II 
     of chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act''), 
     except that the public comment period shall be for a period 
     of not less than 60 days.
                                 ______
                                 
  SA 600. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 494, line 15, strike ``are rescinded'' and insert 
     ``are rescinded: Provided further, that $5,000,000, to be 
     derived from the Forest Management account, shall be made 
     available to fund the Tongass Timber Fund in the same manner 
     in which the Tongass Timber Fund has been funded during prior 
     fiscal years''.
                                 ______
                                 
  SA 601. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated under this Act 
     shall be made available to Planned Parenthood for any purpose 
     under title X of the Public Health Service Act.
                                 ______
                                 
  SA 602. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1121, line 5, strike ``143, 144,'' and insert 
     ``144''.
       On page 1121, between lines 10 and 11, insert the 
     following:
       Sec. 102.  Section 143 of division A of the Consolidated 
     Security, Disaster Assistance, and Continuing Appropriations 
     Act, 2009 (Public Law 110-329; 122 Stat. 3580) is amended by 
     striking ``shall'' and all that follows through the end and 
     inserting ``is amended by striking `11-year' and inserting 
     `22-year'.''.
                                 ______
                                 
  SA 603. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1121, line 5, strike ``143, 144,'' and insert 
     ``144''.
       On page 1121, between lines 10 and 11, insert the 
     following:
       Sec. 102.  Section 143 of division A of the Consolidated 
     Security, Disaster Assistance, and Continuing Appropriations 
     Act, 2009 (Public Law 110-329; 122 Stat. 3580) is amended by 
     striking ``shall'' and all that follows through the end and 
     inserting ``is amended by striking `Unless' and all that 
     follows through the end.''.
                                 ______
                                 
  SA 604. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1121, line 5, strike ``143, 144,'' and insert 
     ``144''.
       On page 1121, between lines 10 and 11, insert the 
     following:
       Sec. 102.  Section 143 of division A of the Consolidated 
     Security, Disaster Assistance, and Continuing Appropriations 
     Act, 2009 (Public Law 110-329; 122 Stat. 3580) is amended by 
     striking ``shall'' and all that follows through the end and 
     inserting ``is amended by striking `11-year' and inserting 
     `17-year'.''.
                                 ______
                                 
  SA 605. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

                                 ______
                                 
       On page 1122, after line 10, add the following:
       Sec. 104.  The head of each agency or department of the 
     United States that enters into a contract shall require, as a 
     condition of the contract, that the contractor participate in 
     the pilot program described in 404 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-209; 8 U.S.C. 1324a note) to verify the 
     employment eligibility of--
       (1) all individuals hired during the term of the contract 
     by the contractor to perform employment duties within the 
     United States; and
       (2) all individuals assigned by the contractor to perform 
     work within the United States the under such contract.
                                 ______
                                 
  SA 606. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1105, making omnibus appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1122, after line 10, add the following:
       Sec. 104.  None of the funds made available in the 
     Emergency Economic Stabilization Act of 2008 (division A of 
     Public Law 110-343; 122 Stat. 3765) or in the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5) may 
     be used to provide funds to a person under a contract with an 
     agency or department of the United States if--
       (1) the person does not participate in the pilot program 
     described in section 404 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note); and
       (2) the contract was entered into on or after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 607. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 927, strike line 14 and all that follows through 
     page 929, line 20, and insert the following:
       (b) Availability of Funds.--Funds appropriated under the 
     heading ``International Organizations and Programs'' in this 
     Act that are available for UNFPA and are not made available 
     for UNFPA because of the operation of any provision of law, 
     shall be transferred to the ``Global Health and Child 
     Survival'' account and shall be made available for family 
     planning, maternal, and reproductive health activities, 
     subject to the regular notification procedures of the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available under ``International Organizations and 
     Programs'' may be made available for the UNFPA for a country 
     program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Amounts made 
     available under ``International Organizations and Programs'' 
     for fiscal year 2006 for the UNFPA may not be made available 
     to UNFPA unless--
       (1) the UNFPA maintains amounts made available to the UNFPA 
     under this section in an account separate from other accounts 
     of the UNFPA;
       (2) the UNFPA does not commingle amounts made available to 
     the UNFPA under this section with other sums; and
       (3) the UNFPA does not fund abortions.
       (e) Report to Congress and Dollar-for-Dollar Withholding of 
     Funds.--
       (1) In general.--Not later than 4 months after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a report to the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives indicating the amount of funds that the UNFPA 
     is budgeting for the year in which the report is submitted 
     for a country program in the People's Republic of China.
       (2) Deduction.--If a report submitted under paragraph (1) 
     indicates that the UNFPA plans to spend funds for a country 
     program in the People's Republic of China in the year covered 
     by the report, the amount of such funds that the UNFPA plans 
     to spend in the People's Republic of China shall be deducted 
     from the funds made available to the UNFPA after March 1 for 
     obligation for the remainder of the fiscal year in which the 
     report is submitted.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to limit the authority of the President to deny 
     funds to any organization by reason of the application of 
     another provision of this Act or any other provision of law.
                                 ______
                                 
  SA 608. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for

[[Page S2644]]

other purposes; which was ordered to lie on the table; as follows:

       On page 135, line 6, strike the period and insert ``of 
     which $10,000,000 shall be available for grants to state or 
     local law enforcement for expenses to carry out prosecutions 
     and investigations authorized by the Emmett Till Unsolved 
     Civil Rights Crime Act established under Public Law 110-
     344.''.
                                 ______
                                 
  SA 609. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available under this Act 
     may be obligated or otherwise expended for any 
     congressionally directed spending item for any client of a 
     lobbying firm under Federal investigation, including the PMA 
     Group of Arlington, Virginia.
                                 ______
                                 
  SA 610. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds made available under this Act may be 
     obligated or otherwise expended for any congressionally 
     directed spending item for--
       (1) the Pleasure Beach Water Taxi Service Project of 
     Connecticut;
       (2) the Old Tiger Stadium Conservancy of Michigan;
       (3) the Polynesian Voyaging Society of Hawaii;
       (4) the American Lighthouse Foundation of Maine;
       (5) the commemoration of the 150th anniversary of John 
     Brown's raid on the arsenal at Harpers Ferry National 
     Historic Park in West Virginia;
       (6) the Orange County Great Park Corporation in California;
       (7) odor and manure management research in Iowa;
       (8) tattoo removal in California;
       (9) the California National Historic Trail Interpretive 
     Center in Nevada;
       (10) the Iowa Department of Education for the Harkin grant 
     program; and
       (11) the construction of recreation and fairgrounds in 
     Kotzebue, Alaska.
                                 ______
                                 
  SA 611. Mr. THUNE (for himself and Mr. DeMint) submitted an amendment 
intended to be proposed by him to the bill H.R. 1105, making omnibus 
appropriations for the fiscal year ending September 30, 2009, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 106, between lines 11 and 12, insert the following:
       Sec. 112.  None of the funds appropriated in this Act may 
     be used by the Federal Communications Commission to prescribe 
     any rule, regulation, policy, doctrine, standard, guideline, 
     or other requirement that has the purpose or effect of 
     reinstating or repromulgating (in whole or in part)the 
     requirement that broadcasters present or ascertain opposing 
     viewpoints on issues of public importance, commonly referred 
     to as the ``Fairness Doctrine'', as such doctrine was 
     repealed in In re Complaint of Syracuse Peace Council against 
     Television Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 
     (1987).
                                 ______
                                 
  SA 612. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 1105, making omnibus appropriations for the fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 131, line 1, strike ``$546,000,000'' and insert 
     ``$146,000,000''.
       On page 458, after line 25, insert the following:


              emergency fund for indian safety and health

        For deposit in the Emergency Fund for Indian Safety and 
     Health established by subsection (a) of section 601 of the 
     Tom Lantos and Henry J. Hyde United States Global Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization 
     Act of 2008 (25 U.S.C. 443c), for use by the Attorney 
     General, the Secretary of Health and Human Services, and the 
     Secretary of the Interior in accordance with that section, 
     $400,000,000.

                          ____________________