[Congressional Record Volume 155, Number 37 (Tuesday, March 3, 2009)]
[Senate]
[Pages S2718-S2721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 613. Mr. INHOFE 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 942, between lines 14 and 15, insert the following:


restriction on assessed contributions and voluntary payments to united 
                                nations

       Sec. 7093.  None of the funds appropriated or otherwise 
     made available under any title of this Act may be made 
     available to make any assessed contribution or voluntary 
     payment of the United States to the United Nations if the 
     United Nations implements or imposes any taxation on any 
     United States persons.
                                 ______
                                 
  SA 614. Mrs. McCASKILL (for herself and Mr. Bond) 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:

       In title I of division C, strike section 108.
                                 ______
                                 
  SA 615. Mr. ENSIGN (for himself, Mr. Voinovich, Mr. Kyl, Mr. DeMint, 
Mr. Brownback, Mr. Cornyn, Mr. Lieberman, Mr. Gregg, Mr. Alexander, Mr. 
McCain, and Mr. Enzi) 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 308, line 2, strike beginning with ``: Provided'' 
     through line 8 and insert a period.
                                 ______
                                 
  SA 616. 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 3, between lines 5 and 6, insert the following:

     SEC. 4. REPORT ON CONFERENCES BY FEDERAL AGENCIES.

       (a) Definition.--In this section the term ``agency'' has 
     the meaning given under section 551(1) of title 5, United 
     States Code.
       (b) Reports.--
       (1) In general.--The head of each agency for which 
     appropriations are made available under this Act, shall 
     submit quarterly reports as provided under paragraph (2) 
     regarding the costs and contracting procedures relating to 
     each conference held by that agency during fiscal year 2009 
     for which the cost to the Government was more than $20,000.
       (2) Submission of reports.--Each report under paragraph (1) 
     shall be submitted to--
       (A) the Inspector General of that agency; or
       (B) in the case of an agency for which there is no 
     Inspector General, the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       (3) Contents of reports.--Each report submitted under this 
     subsection shall include for each conference described under 
     paragraph (1) held during the applicable quarter--
       (A) a description of the subject of and number of 
     participants attending that conference;
       (B) a detailed statement of the costs to the Government 
     relating to that conference, including--
       (i) the cost of any food or beverages;
       (ii) the cost of any audio-visual services; and
       (iii) a discussion of the methodology used to determine 
     which costs relate to that conference; and
       (C) a description of the contracting procedures relating to 
     that conference, including--
       (i) whether contracts were awarded on a competitive basis 
     for that conference; and
       (ii) a discussion of any cost comparison conducted by the 
     agency in evaluating potential contractors for that 
     conference.
                                 ______
                                 
  SA 617. 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:

       On page 1122, after line 10, insert the following:
       Sec. 103. Study on Validity of Digital Flood Insurance Rate 
     Maps.--
       (a) In General.--The Administrator of the Federal Emergency 
     Management Agency and the Corps of Engineers, in conjunction 
     with

[[Page S2719]]

     the State of Louisiana, shall conduct a study on the validity 
     of digital flood insurance rate maps.
       (b) Terms of Analysis.--In conducting the study required 
     under subsection (a), the Administrator and the Corps of 
     Engineers shall--
       (1) use the best and most current--
       (A) geodetic reference;
       (B) topographic data and features; and
       (C) updated circulation and flood models available;
       (2) fully analyze and identify the effect of roadways, 
     levees, and natural ridges that are particular to the area 
     being mapped;
       (3) consider more recent bathymetric and topographic data, 
     particularly from light detection and ranging technology, 
     referenced to the most recent vertical benchmarks;
       (4) further analyze the effects of various vegetation in 
     storm surge; and
       (5) collaborate closely with State and local governments 
     who may have data and information described in paragraph (1) 
     that may produce more accurate maps or enhanced models.
       (c) No Update of Floodmaps Until Study Completed.--During 
     the period beginning on the date of the enactment of this Act 
     and ending 90 days after the date on which the study required 
     under subsection (a) is completed, the Administrator may not 
     issue any updated flood insurance rate maps for the State of 
     Louisiana.
                                 ______
                                 
  SA 618. Ms. MURKOWSKI (for herself and Mr. Begich) 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:

       At the appropriate place, insert the following:


 treatment as active service for retired pay purposes of service as a 
       member of the alaska territorial guard during world war ii

       Sec. ___.  (a) In General.--Service as a member of the 
     Alaska Territorial Guard during World War II of any 
     individual who was honorably discharged therefrom under 
     section 8147 of the Department of Defense Appropriations Act, 
     2001 (Public Law 106-259; 114 Stat. 705) shall be treated as 
     active service for purposes of the computation under chapter 
     71, 371, or 1223 of title 10, United States Code, as 
     applicable, of the retired pay to which such individual may 
     be entitled under title 10, United States Code.
       (b) Applicability.--Subsection (a) shall apply with respect 
     to amounts of retired pay payable under title 10, United 
     States Code, for months beginning on or after August 9, 2000. 
     No retired pay shall be paid to any individual by reason of 
     subsection (a) for any period before that date.
       (c) World War II Defined.--In this section, the term 
     ``World War II'' has the meaning given that term in section 
     101(8) of title 38, United States Code.
                                 ______
                                 
  SA 619. Ms. MURKOWSKI (for herself and Mr. Begich) 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:

       At the appropriate place, insert the following:


 continuation of policy of treating service in the alaska territorial 
    guard during world war ii as active service for purposes of the 
       computation of retired pay of retired members of the army

       Sec. __.  (a) In General.--The Secretary of Defense shall, 
     during the period beginning on April 1, 2009, and ending on 
     September 30, 2009, treat service in the Alaska Territorial 
     Guard during World War II as active service for purposes of 
     the computation of retired pay of retired members of the Army 
     under title 10, United States Code.
       (b) Prohibition on Recoupment of Retired Pay.--The 
     Secretary of Defense may not recoup any retired pay paid on 
     account of service described in subsection (a).
                                 ______
                                 
  SA 620. Mr. ENSIGN 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 956, between lines 7 and 8, insert the following:

                          nextgen acceleration

       For grants or other agreements to accelerate the transition 
     to the Next Generation Air Transportation System by 
     accelerating deployment of ground infrastructure for 
     Automatic Dependent Surveillance-Broadcast, by accelerating 
     development of procedures and routes that support 
     performance-based air navigation, to incentivize aircraft 
     equipage to use such infrastructure, procedures, and routes, 
     and for additional agency administrative costs associated 
     with the certification and oversight of the deployment of 
     such systems, $165,000,000, to remain available until 
     September 30, 2010: Provided, That the Administrator of the 
     Federal Aviation Administration shall use the authority under 
     section 106(l)(6) of title 49, United States Code, to make 
     such grants or agreements: Provided further, That, with 
     respect to any incentives for equipage, the Federal share of 
     the costs shall not exceed 50 percent.
       On page 991, line 20, strike ``$550,000,000'' and insert 
     ``$475,000,000''.
       On page 995, line 13, strike ``$940,000,000'' and insert 
     ``$850,000,000''.
                                 ______
                                 
  SA 621. Mr. VITTER (for himself, Mr. Feingold, Mr. Grassley, and Mr. 
Ensign) 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. ___. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR 
                   MEMBERS OF CONGRESS.

       (a) In General.--Paragraph (2) of section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 31) is 
     repealed.
       (b) Technical and Conforming Amendments.--Section 601(a)(1) 
     of such Act is amended--
       (1) by striking ``(a)(1)'' and inserting ``(a)'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (3) by striking ``as adjusted by paragraph (2) of this 
     subsection'' and inserting ``adjusted as provided by law''.
       (c) Effective Date.--This section shall take effect on 
     December 31, 2010.
                                 ______
                                 
  SA 622. Mr. ENSIGN 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 in title V of division F, insert 
     the following:
       Sec. __.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process claims for credit for quarters of coverage based 
     on work performed under a social security account number that 
     was not the claimant's number which is an offense prohibited 
     under section 208 of the Social Security Act (42 U.S.C. 408).
                                 ______
                                 
  SA 623.  Mr. COBURN (for himself and 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:

       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) DIRECT Methanol Fuel Cell (IN);
       (2) Solar Energy Windows and Smart IR Switchable Building 
     Technologies (PA);
       (3) Adaptive Liquid Crystal Windows (OH);
       (4) Anti-idling Lithium Ion Battery Program, California 
     (CA) ;
       (5) Advanced Engineering Environment for Sandia National 
     Lab (MA);
       (6) Multi-Disciplined Integrated Collaborative Environment 
     (MDICE) (MO);
       (7) Hydrogen Optical Fiber Sensors (CA);
       (8) Flexible Thin-Film Silicon Solar Cells (OH);
       (9) CATALYST: Explorations in Aerospace and Innovation 
     education program;
       (10) Carnegie Mellon University, Pittsburgh, PA, for 
     renovation and equipment;
       (11) Mount Aloysius College, Cresson, PA, for college 
     preparation programs;
       (12) Washington & Jefferson College, Washington, PA, for 
     science education outreach programs;
       (13) DePaul University, Chicago, IL, for math and science 
     teacher education in Chicago Public Schools; and
       (14) Nazareth Hospital, Philadelphia, PA, for renovation 
     and equipment.
                                 ______
                                 
  SA 624.  Ms. MURKOWSKI (for herself and Mr. Begich) 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:

       Strike section 117 of title I of division C.
                                 ______
                                 
  SA 625. Mr. JOHNSON (for himself and 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 254, between lines 5 and 6, insert the following:

     SEC. 5__. BIG SIOUX RIVER AND SKUNK CREEK, SIOUX FALLS, SOUTH 
                   DAKOTA.

       The project for flood control, Big Sioux River and Skunk 
     Creek, Sioux Falls, South

[[Page S2720]]

     Dakota, authorized by section 101(a)(28) of the Water 
     Resources Development Act of 1996 (110 Stat. 3666), is 
     modified to authorize the Secretary of the Army to construct 
     the project at an estimated total cost of $51,000,000, of 
     which--
       (1) the Federal share of the estimated total cost shall be 
     approximately $38,250,000; and
       (2) the non-Federal share of the estimated total cost shall 
     be approximately $12,750,000.
                                 ______
                                 
  SA 626. Mr. NELSON of Florida 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:

       Beginning on page 363, strike line 13 and all that follows 
     through page 364, line 11, and insert the following:
       Sec. 620.  None of the funds made available in this Act may 
     be used to administer, implement, or enforce the amendments 
     made to section 515.560 and section 515.561 of title 31, Code 
     of Federal Regulations, related to travel to visit relatives 
     in Cuba, that were published in the Federal Register on June 
     16, 2004.
                                 ______
                                 
  SA 627. Mr. ENSIGN 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 942, between lines 14 and 15, insert the following:


 united nations investigation of hamas activities during january 2009 
                       israeli operations in gaza

       Sec. 7093.  (a) Congress makes the following findings:
       (1) During the January 2009 operations conducted by the 
     Government of Israel in Gaza, a United Nations building in 
     Gaza suffered damage.
       (2) According to a February 10, 2009, statement from United 
     Nations Secretary-General Ban-Ki Moon, the United Nations has 
     dispatched a team to Gaza to investigate damage done to 
     ``United Nations premises''.
       (3) No similar investigation has been initiated by the 
     United Nations Secretariat with respect to Hamas activities 
     during the Gaza operations.
       (b) Of the amount appropriated or otherwise made available 
     by title I under the heading ``contributions to international 
     organizations'' and available for contributions to the United 
     Nations, $382,350,000 may not be made available until the 
     Secretary of State certifies that--
       (1) the United Nations has dispatched a team to Gaza to 
     investigate attacks on the people and territory of Israel 
     since Israel completed its unilateral withdrawal from Gaza; 
     and
       (2) the United Nations investigation of damage done to 
     United Nations premises in Gaza includes an inquiry into 
     allegations that Hamas was using territory near such premises 
     to take actions hostile to the Israeli Defense Forces or the 
     people or territory of Israel.
                                 ______
                                 
  SA 628. Mr. GRASSLEY 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:

       In title I of division D, strike section 106.
                                 ______
                                 
  SA 629. Mr. KYL 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 942, between lines 14 and 15, insert the following:


  prohibition on use of funds for resettlement into united states of 
                         palestinians from gaza

       Sec. 7093.  None of the funds appropriated or otherwise 
     made available by this Act may be made available to resettle 
     Palestinians from Gaza into the United States.
                                 ______
                                 
  SA 630. Mr. KYL 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 942, between lines 14 and 15, insert the following:


              report on counter-smuggling efforts in gaza

       Sec. 7093.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Director of National Intelligence, 
     shall submit to Congress a report on whether additional funds 
     from Foreign Military Financing assistance provided annually 
     to the Government of Egypt could be expended--
       (1) to improve efforts by the Government of Egypt to 
     counter illicit smuggling, including arms smuggling, across 
     the Egypt-Gaza border; and
       (2) to intercept weapons originating in other countries in 
     the region and smuggled into Gaza through Egypt.
                                 ______
                                 
  SA 631. Mr. KYL 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 942, between lines 14 and 15, insert the following:


                          gaza reconstruction

       Sec. 7093.  None of the funds appropriated or otherwise 
     made available by this Act may be made available to aid 
     reconstruction efforts in Gaza until the Secretary of State 
     certifies that none of such funds will be diverted to Hamas 
     or entities controlled by Hamas.
                                 ______
                                 
  SA 632. Mr. KYL 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. ADDITIONAL AMOUNT FOR BUREAU OF INDUSTRY AND 
                   SECURITY.

       (a) In General.--The amount appropriated or otherwise made 
     available by this title for the Department of Commerce under 
     the heading ``operations and administration'' under the 
     heading ``Bureau of Industry and Security'' is hereby 
     increased by $23,800,000.
       (b) Offset.--The amount appropriated or otherwise made 
     available by this title for the Department of Commerce under 
     the heading ``operations, research, and facilities'' under 
     the heading ``National Oceanic and Atmospheric 
     Administration'' is hereby decreased by $23,800,000.
                                 ______
                                 
  SA 633.  Mr. KYL proposed 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 751, line 7, insert after ``$698,187,000: 
     Provided,'' the following: ``That of the total amount made 
     available under this heading, $96,454,000 may be made 
     available for Radio Free Europe/Radio Liberty: Provided 
     further,''.
                                 ______
                                 
  SA 634.  Mr. KYL (for himself and 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. __. (a) Except as provided under subsection (b), none 
     of the funds made available under this Act may be spent by a 
     Federal agency in a new contract or other expenditure of 
     Federal funds with a company identified by the Department of 
     the Treasury Office of Foreign Assets Control (OFAC) as 
     having a business presence in Iran's energy sector, including 
     Iran's refineries, refined petroleum products, and oil and 
     natural gas fields.
       (b) The President may waive the application of subsection 
     (a), on a case-by-case basis, if the President--
       (1) determines that such waiver is necessary for the 
     national security interests of the United States; and
       (2) submits an unclassified report to Congress, with a 
     classified annex if necessary, that describes the reasons 
     such waiver is necessary.
                                 ______
                                 
  SA 635. Mr. THUNE proposed an amendment to the bill H.R. 1105, making 
omnibus appropriations for the fiscal year ending September 30, 2009, 
and for other purposes; as follows:

       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, to be derived by transfer of an equal 
     percentage from each other program and project for which 
     funds are made available by this Act.
                                 ______
                                 
  SA 636.  Mr. VITTER proposed 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 83, after line 24, insert the following:

[[Page S2721]]

       Sec. 740.  None of the funds appropriated in this Act may 
     be used to prevent an individual not in the business of 
     importing a prescription drug (within the meaning of section 
     801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     381(g)) from importing a prescription drug from Canada that 
     complies with sections 501, 502, and 505 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355) and is 
     not--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 637. Mr. BARRASSO (for himself and Mr. Enzi) 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 426, lines 18 through 22, strike ``to be reduced'' 
     and all that follows through ``each new application,''.
                                 ______
                                 
  SA 638. Mr. CRAPO (for himself, Mr. Vitter, and Mr. Corker) 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:

       Strike section 626 of title VI, of Division D.
                                 ______
                                 
  SA 639. Mr. UDALL of New Mexico 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 720, between lines 5 and 6, insert the following:

     SEC. 1103. PROHIBITION ON USE OF COAL FOR CAPITOL POWER 
                   PLANT.

       (a) In General.--The Architect of the Capitol shall ensure 
     that any electricity generated by or otherwise used by the 
     Capitol Power Plant is not derived from coal.
       (b) Effective Date.--This section shall take effect on 
     October 1, 2009, and apply to fiscal year 2010 and each 
     fiscal year thereafter.

                          ____________________