[Congressional Record Volume 155, Number 102 (Thursday, July 9, 2009)]
[Senate]
[Pages S7327-S7331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 1448. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 1373 proposed by Mr. 
Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the 
bill H.R. 2892, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION AND OPEN 
                   FREEDOM OF INFORMATION ACT.

       (a) Detainee Photographic Records Protection.--
       (1) Short title.--This subsection may be cited as the 
     ``Detainee Photographic Records Protection Act of 2009''.
       (2) Definitions.--In this subsection:
       (A) Covered record.--The term ``covered record'' means any 
     record--
       (i) that is a photograph that--

       (I) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (II) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States; and

       (ii) for which a certification by the Secretary of Defense 
     under paragraph (3) is in effect.
       (B) Photograph.--The term ``photograph'' encompasses all 
     photographic images, whether originals or copies, including 
     still photographs, negatives, digital images, films, video 
     tapes, and motion pictures.
       (3) Certification.--
       (A) In general.--For any photograph described under 
     paragraph (2)(A)(i), the Secretary of Defense shall certify, 
     if the Secretary of Defense, in consultation with the 
     Chairman of the Joint Chiefs of Staff, determines that the 
     disclosure of that photograph would endanger--
       (i) citizens of the United States; or
       (ii) members of the Armed Forces or employees of the United 
     States Government deployed outside the United States.
       (B) Certification expiration.--A certification submitted 
     under subparagraph (A) and a renewal of a certification 
     submitted under subparagraph (C) shall expire 3 years after 
     the date on which the certification or renewal, as the case 
     may be, is submitted to the President.
       (C) Certification renewal.--The Secretary of Defense may 
     submit to the President--
       (i) a renewal of a certification in accordance with 
     subparagraph (A) at any time; and
       (ii) more than 1 renewal of a certification.
       (D) Notice to congress.--A timely notice of the Secretary's 
     certification shall be submitted to Congress.
       (4) Nondisclosure of detainee records.--A covered record 
     shall not be subject to--
       (A) disclosure under section 552 of title 5, United States 
     Code (commonly referred to as the Freedom of Information 
     Act); or
       (B) disclosure under any proceeding under that section.
       (5) Rule of construction.--Nothing in this subsection shall 
     be construed to preclude the voluntary disclosure of a 
     covered record.
       (6) Effective date.--This subsection shall take effect on 
     the date of enactment of this Act and apply to any photograph 
     created before, on, or after that date that is a covered 
     record.
       (b) Open Freedom of Information Act.--
       (1) Short title.--This subsection may be cited as the 
     ``OPEN FOIA Act of 2009''.
       (2) Specific citations in statutory exemptions.--Section 
     552(b) of title 5, United States Code, is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) specifically exempted from disclosure by statute 
     (other than section 552b of this title), if that statute--
       ``(A)(i) requires that the matters be withheld from the 
     public in such a manner as to leave no discretion on the 
     issue; or
       ``(ii) establishes particular criteria for withholding or 
     refers to particular types of matters to be withheld; and
       ``(B) if enacted after the date of enactment of the OPEN 
     FOIA Act of 2009, specifically cites to this paragraph.''. 
                                 ______
                                 
  SA 1449. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall, using

[[Page S7328]]

     funds made available under the heading ``U.S. Customs and 
     Border Protection'' and under the subheading ``salaries and 
     expenses'', implement a demonstration program that is 
     consistent with the technology acquisition and dissemination 
     plan submitted under section 7201(c) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 118 Stat. 3810) to test the feasibility of using 
     existing automated document authentication technology at 
     select immigration benefit offices and ports of entry to 
     determine the effectiveness of such technology in detecting 
     fraudulent travel documents and reducing the ability of 
     terrorists to enter the United States.
       (b) If the demonstration program described in subsection 
     (a) is carried out by a contractor, the Secretary of Homeland 
     Security shall select such contractor on a competitive basis.
       (c) Not later than 90 days after the date on which the 
     demonstration program described in subsection (a) is 
     completed, the Secretary of Homeland Security shall submit to 
     the appropriate congressional committees (as defined in 
     section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     101(2))) a report on the results of the demonstration 
     program.
                                 ______
                                 
  SA 1450. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LOCAL DISASTER CONTRACTING FAIRNESS.

       (a) Short Title.--This section may be cited as the ``Local 
     Disaster Contracting Fairness Act of 2009''.
       (b) Definitions.--In this section:
       (1) The term ``executive agency'' has the meaning given 
     such term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       (2) The term ``local subcontractor'' means, with respect to 
     a contract, a subcontractor who has a principal place of 
     business or regularly conducts operations in the area in 
     which work is to be performed under the contract by the 
     subcontractor.
       (3) The term ``natural disaster reconstruction efforts'' 
     means reconstruction efforts undertaken in an area subject to 
     a declaration by the President of a major disaster under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (c) Federal Contracting Requirements.--
       (1) In general.--The head of an executive agency may not 
     enter into an agreement for debris removal or demolition 
     services in connection with natural disaster reconstruction 
     efforts unless the agreement specifies that--
       (A) all of the work under the contract will be performed by 
     the prime contractor or 1 or more subcontractors at 1 tier 
     under the contract;
       (B) any work performed under the contract by subcontractors 
     will be performed by local subcontractors, except to the 
     extent that local subcontractors are not available to perform 
     such work;
       (C) the prime contractor will act as the project manager or 
     construction manager for the contract; and
       (D) the prime contractor--
       (i) has primary responsibility for managing all work under 
     the contract; and
       (ii) is to be paid a certain percentage of the overall 
     value of the contract as sole compensation for assuming the 
     risk associated with such responsibility.
       (2) Preference for subcontractors affected by natural 
     disasters.--In entering into an agreement for debris removal 
     or demolition services in connection with natural disaster 
     reconstruction efforts, the head of an executive agency shall 
     give a preference in the source selection process to each 
     offeror who certifies that any work that is to be performed 
     under the contract by subcontractors will be performed by 
     local subcontractors.
       (d) Applicability.--The requirements under subsection (c) 
     shall apply to agreements entered into on or after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1451. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATURAL DISASTER FAIRNESS IN CONTRACTING.

       (a) Short Title.--This section may be cited as the 
     ``Natural Disaster Fairness in Contracting Act of 2009''.
       (b) Definitions.--In this section:
       (1) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (2) Full and open competitive procedures.--The term ``full 
     and open competitive procedures'' has the meaning given the 
     term ``full and open competition'' in section 4 of the Office 
     of Federal Procurement Policy Act (41 U.S.C. 403).
       (3) Natural disaster reconstruction efforts.--The term 
     ``natural disaster reconstruction efforts'' means 
     reconstruction efforts undertaken in an area subject to a 
     declaration by the President of a major disaster under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (c) Competition Requirements.--
       (1) In general.--Except as provided under paragraph (2), 
     the head of an executive agency, in entering into a contract 
     to procure property or services in connection with natural 
     disaster reconstruction efforts, shall comply with the 
     requirements under section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253).
       (2) Exceptions.--The exceptions to the requirement for 
     competitive procedures provided under paragraphs (3), (4), 
     and (7) of section 303(c) of such Act shall not apply to a 
     contract described in paragraph (1).
       (d) Written Approval for Use of Non-Competitive Procedures 
     Required for Certain Contracts.--
       (1) Approval required.--The head of an executive agency may 
     enter into a contract to procure property or services in 
     connection with natural disaster reconstruction efforts using 
     other than full and open competition only upon the written 
     approval of the President or the President's designee.
       (2) Congressional notification required.--
       (A) In general.--If procedures other than full and open 
     competitive procedures are to be used to enter into a 
     contract described in paragraph (1), the head of the 
     executive agency negotiating such contract shall notify the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, and the 
     standing committees of the Senate and the House of 
     Representatives that have jurisdiction over the executive 
     agency not later than 7 calendar days before the award of the 
     contract.
       (B) Justification.--The notification under subparagraph (A) 
     shall include--
       (i) the justification for the use of other than full and 
     open competitive procedures;
       (ii) a brief description of the contract's scope;
       (iii) the amount of the contract;
       (iv) a discussion of how the contracting agency identified 
     and solicited offers from contractors;
       (v) a list of the contractors solicited; and
       (vi) the justification and approval documents, required 
     under section 303(f)(1) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)), 
     upon which the determination of use of procedures other than 
     full and open competitive procedures was based.
       (3) Scope of requirements.--
       (A) Size of contracts.--This subsection shall not apply to 
     contracts of less than $5,000,000.
       (B) Applicability.--This subsection shall apply to any 
     extension, amendment, or modification of a contract for the 
     procurement of property or services in connection with 
     natural disaster reconstruction efforts entered into before 
     the date of the enactment of this Act using other than full 
     and open competitive procedures.
       (C) Small business exception.--This subsection shall not 
     apply to contracts authorized under the Small Business Act 
     (15 U.S.C. 631 et seq.).
       (e) Disclosure Required.--
       (1) Publication and public availability.--
       (A) In general.--The head of an executive agency that 
     enters into a contract for the procurement of property or 
     services in connection with natural disaster reconstruction 
     efforts through the use of other than full and open 
     competitive procedures shall publish in the Federal Register 
     or Federal Business Opportunities, and otherwise make 
     available to the public not later than 7 calendar days before 
     the date on which the contract is finalized--
       (i) the amount of the contract;
       (ii) a brief description of the scope of the contract;
       (iii) an explanation of how the executive agency 
     identified, and solicited offers from, potential contractors 
     to perform the contract, and a list of the potential 
     contractors that were issued solicitations for the offers; 
     and
       (iv) the justification and approval documents, required 
     under section 303(f)(1) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)), on 
     which was based the determination to use procedures other 
     than competitive procedures.
       (B) Scope of requirements.--
       (i) Size of contracts.--This subsection shall not apply to 
     contracts of less than $5,000,000.
       (ii) Applicability.--This subsection shall apply to any 
     extension, amendment, or modification of a contract entered 
     into before the date of the enactment of this Act using other 
     than full and open competitive procedures.
       (iii) Small business exception.--This subsection shall not 
     apply to contracts authorized under the Small Business Act 
     (15 U.S.C. 631 et seq.).
       (2) Relationship to other disclosure laws.--Nothing in this 
     subsection may be construed as affecting obligations to 
     disclose United States Government information under any other 
     provision of law.

[[Page S7329]]

       (f) Contracts Entered Into Under Unusual and Compelling 
     Urgency Exception.--
       (1) Requirement for performance within 6-month period.--The 
     head of an executive agency may not rely on the exception 
     under section 303(c)(2) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) to 
     enter into a contract to procure property or services in 
     connection with natural disaster reconstruction efforts using 
     procedures other than competitive procedures unless the 
     contract will be performed within a 6-month period.
       (2) Extended notification and disclosure deadlines.--The 
     notification and disclosure deadlines under subsections 
     (d)(2) and (e)(1)(A), respectively, shall be 7 calendar days 
     after the date on which a contract described in paragraph (1) 
     is finalized.
                                 ______
                                 
  SA 1452. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2010, 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 by this Act may 
     be used to prohibit the use of a passport card issued to a 
     national of the United States to serve as proof of identity 
     and citizenship for the purpose of international travel by 
     such national through all air ports of entry between the 
     United States and Canada.
                                 ______
                                 
  SA 1453. Ms. MIKULSKI submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 3, line 13, before the ``.'' insert:
       Provided, That none of the funds made available for 
     financial systems consolidation shall be obligated until the 
     Secretary satisfies the recommendations of the Government 
     Accountability Office (GAO-07-536) and the Office of 
     Inspector General (OIG-08-47), including an independent cost 
     benefit analysis and comprehensive review of alternatives
                                 ______
                                 
  SA 1454. Mr. SANDERS (for himself, Mr. Leahy, Mr. Schumer, Mrs. 
Gillibrand, and Mrs. Shaheen) submitted an amendment intended to be 
proposed to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for 
himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) In General.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall, in consultation with the entities specified 
     in subsection (c), submit to Congress a report on improving 
     cross-border inspection processes in an effort to reduce the 
     time to travel between locations in the United States and 
     locations in Ontario and Quebec by intercity passenger rail.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) an evaluation of potential cross-border inspection 
     processes and methods that comply with Department of Homeland 
     Security requirements that would--
       (A) reduce the time to travel on routes between locations 
     in the United States and locations in Ontario and Quebec by 
     intercity passenger rail; and
       (B) increase the frequency of on-time arrivals by intercity 
     passenger trains traveling on those routes;
       (2) an assessment of the extent to which improving or 
     expanding infrastructure and increasing staffing could 
     increase the efficiency with which intercity rail passengers 
     are screened at border crossings without decreasing security;
       (3) an updated evaluation of the potential for pre-
     clearance by the Department of Homeland Security of intercity 
     rail passengers at locations along routes between locations 
     in the United States and locations in Ontario and Quebec, 
     including through the joint use of inspection facilities with 
     the Canada Border Services Agency, based on the report 
     required by section 1523 of the Implementing Recommendations 
     of the 9/11 Commission Act of 2007 (Public Law 110-53; 121 
     Stat. 450);
       (4) an estimate of the timeline for implementing the 
     methods for reducing the time to travel between locations in 
     the United States and locations in Ontario and Quebec by 
     intercity passenger rail based on the evaluations and 
     assessments described in paragraphs (1), (2), and (3); and
       (5) a description of how such evaluations and assessments 
     would apply with respect to--
       (A) all existing intercity passenger rail routes between 
     locations in the United States and locations in Ontario and 
     Quebec, including designated high-speed rail corridors;
       (B) any intercity passenger rail routes between such 
     locations that have been used over the past 20 years and on 
     which cross-border passenger rail service does not exist as 
     of the date of the enactment of this Act; and
       (C) any potential future rail routes between such 
     locations.
       (c) Entities Specified.--The entities to be consulted in 
     the development of the report required by subsection (a) 
     are--
       (1) the Government of Canada, including the Canada Border 
     Services Agency and Transport Canada and other agencies of 
     the Government of Canada with responsibility for providing 
     border services;
       (2) the Provinces of Ontario and Quebec;
       (3) the States of Maine, Massachusetts, New Hampshire, New 
     York, and Vermont;
       (4) the National Railroad Passenger Corporation; and
       (5) the Federal Railroad Administration.
                                 ______
                                 
  SA 1455. Mr. KYL (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 1373 proposed by Mr. Reid (for 
Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 
2892, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2010, and for other purposes; as 
follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Attorney General and the Administrative 
     Office of the United States Courts, shall submit a report to 
     the congressional committees set forth in subsection (b) that 
     provides details about--
       (1) additional Border Patrol sectors that should be 
     utilizing Operation Streamline programs; and
       (2) resources needed from the Department of Homeland 
     Security, the Department of Justice, and the Judiciary, to 
     increase the effectiveness of Operation Streamline programs 
     at some Border Patrol sectors and to utilize such programs at 
     additional sectors.
       (b) The congressional committees set forth in this 
     subsection are--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
                                 ______
                                 
  SA 1456. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 1373 proposed by Mr. 
Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the 
bill H.R. 2892, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION AND OPEN 
                   FREEDOM OF INFORMATION ACT.

       (a) Detainee Photographic Records Protection.--
       (1) Short title.--This subsection may be cited as the 
     ``Detainee Photographic Records Protection Act of 2009''.
       (2) Definitions.--In this subsection:
       (A) Covered record.--The term ``covered record'' means any 
     record--
       (i) that is a photograph that--

       (I) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (II) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States; and

       (ii) for which a certification by the Secretary of Defense 
     under paragraph (3) is in effect.
       (B) Photograph.--The term ``photograph'' encompasses all 
     photographic images, whether originals or copies, including 
     still photographs, negatives, digital images, films, video 
     tapes, and motion pictures.
       (3) Certification.--
       (A) In general.--For any photograph described under 
     paragraph (2)(A)(i), the Secretary of Defense shall issue a 
     certification, if the Secretary of Defense, in consultation 
     with the Chairman of the Joint Chiefs of Staff, determines 
     that the disclosure of that photograph would endanger --
       (i) citizens of the United States; or
       (ii) members of the Armed Forces or employees of the United 
     States Government deployed outside the United States.
       (B) Certification expiration.--A certification under 
     subparagraph (A) and a renewal of a certification under 
     subparagraph (C) shall expire 3 years after the date on which 
     the certification or renewal, as the case may be, is made.
       (C) Certification renewal.--The Secretary of Defense may 
     issue--
       (i) a renewal of a certification in accordance with 
     subparagraph (A) at any time; and
       (ii) more than 1 renewal of a certification.

[[Page S7330]]

       (D) Notice to congress.--A timely notice of the Secretary's 
     certification shall be submitted to Congress.
       (4) Nondisclosure of detainee records.--A covered record 
     shall not be subject to--
       (A) disclosure under section 552 of title 5, United States 
     Code (commonly referred to as the Freedom of Information 
     Act); or
       (B) disclosure under any proceeding under that section.
       (5) Rule of construction.--Nothing in this subsection shall 
     be construed to preclude the voluntary disclosure of a 
     covered record.
       (6) Effective date.--This subsection shall take effect on 
     the date of enactment of this Act and apply to any photograph 
     created before, on, or after that date that is a covered 
     record.
       (b) Open Freedom of Information Act.--
       (1) Short title.--This subsection may be cited as the 
     ``OPEN FOIA Act of 2009''.
       (2) Specific citations in statutory exemptions.--Section 
     552(b) of title 5, United States Code, is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) specifically exempted from disclosure by statute 
     (other than section 552b of this title), if that statute--
       ``(A)(i) requires that the matters be withheld from the 
     public in such a manner as to leave no discretion on the 
     issue; or
       ``(ii) establishes particular criteria for withholding or 
     refers to particular types of matters to be withheld; and
       ``(B) if enacted after the date of enactment of the OPEN 
     FOIA Act of 2009, specifically cites to this paragraph.''.
                                 ______
                                 
  SA 1457. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 3, line 13, insert ``: Provided, That of the total 
     amount made available under this heading, $5,000,000 shall 
     not be obligated until the Chief Financial Officer or an 
     individual acting in such capacity submits a financial 
     management improvement plan that addresses the 
     recommendations outlined in the Department of Homeland 
     Security Office of Inspector General report # OIG-09-72, 
     including yearly measurable milestones, to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That the plan described in 
     the preceding proviso shall be submitted not later than 
     January 4, 2010'' before the period.
                                 ______
                                 
  SA 1458. Mr. DODD (for himself, Mr. Lieberman, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 1373 
proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. 
Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       On page 77, between lines 16 and 17, insert the following:
       Sec. __ (a) The amount appropriated under the heading 
     ``firefighter assistance grants'' under the heading ``Federal 
     Emergency Management Agency'' under by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 is increased by 
     $10,000,000 for necessary expenses to carry out the programs 
     authorized under section 33 of that Act (15 U.S.C. 2229).
       (b) The total amount of appropriations under the heading 
     ``Aviation Security'' under the heading ``Transportation 
     Security Administration'' under title II, the amount for 
     screening operations and the amount for explosives detection 
     systems under the first proviso under that heading, and the 
     amount for the purchase and installation of explosives 
     detection systems under the second proviso under that heading 
     are reduced by $4,500,000.
       (c) From the unobligated balances of amounts appropriated 
     before the date of enactment of this Act for the 
     appropriations account under the heading ``state and local 
     programs'' under the heading ``Federal Emergency Management 
     Agency'' for ``Trucking Industry Security Grants'', 
     $5,500,000 are rescinded.
                                 ______
                                 
  SA 1459. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 77, between lines 16 and 17, insert the following:
       Sec. 5__.  None of the funds made available under this Act 
     may be obligated for the construction of the National Bio and 
     Agro-defense Facility on the United States mainland until 90 
     days after the later of--
       (1) the date on which the Secretary of Homeland Security 
     completes a site-specific bio-safety and bio-security 
     mitigation assessment to determine the requirements necessary 
     to ensure safe operation of the National Bio and Agro-defense 
     Facility at the preferred site identified in the January 16, 
     2009, record of decision published in Federal Register Vol. 
     74, Number 111;
       (2) the date on which the Secretary of Homeland Security, 
     in coordination with the Secretary of Agriculture, submits to 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives a 
     report that--
       (A) describes the procedure that will be used to issue the 
     permit to conduct foot-and-mouth disease live virus research 
     under section 7524 of the Food, Conservation, and Energy Act 
     of 2008 (21 U.S.C. 113a note; Public Law 110-246); and
       (B) includes plans to establish an emergency response plan 
     with city, regional, and State officials in the event of an 
     accidental release of foot-and-mouth disease or another 
     hazardous pathogen.
                                 ______
                                 
  SA 1460. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. EMERGENCY SHELTERS.

       (a) Rescission.--Of amounts made available before the date 
     of enactment of this Act from the appropriations account 
     under the heading ``disaster relief'' under the heading 
     ``Federal Emergency Management Agency'' to the State of 
     Louisiana pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) for Hurricane Katrina, $150,000,000 are rescinded.
       (b) Appropriation.--There is appropriated for the fiscal 
     year ending September 30, 2009, out of any money in the 
     Treasury not otherwise appropriated, $150,000,000, to remain 
     available until expended, for the appropriations account 
     under the heading ``state and local programs'' under the 
     heading ``Federal Emergency Management Agency'' for a grant 
     to the State of Louisiana for the construction of emergency 
     shelters or modification of facilities to serve as emergency 
     shelters. For purposes of Senate enforcement, the amount made 
     available under this subsection is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     section 403 of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 1461. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. CERTAIN DISASTER RELIEF.

       Notwithstanding section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172), the Administrator of the Federal Emergency Management 
     Agency shall reimburse the Cordova Electric Cooperative, 
     Incorporated, for not less than 75 percent of the cost of the 
     reconstruction of the Humpback Creek Hydroelectric Project in 
     Cordova, Alaska, pursuant to major disaster declaration FEMA-
     1669-DR (71 Fed. Reg. 75969), in accordance with the proposed 
     reconstruction concept as described in Federal Energy 
     Regulatory Commission, Cordova Electric Cooperative, 
     Incorporated, Project No. 8889-046, Order Amending License, 
     Approving Revised Exhibits And Revising Project Boundary 
     (issued March 31, 2009, as corrected April 3, 2009).
                                 ______
                                 
  SA 1462. Mr. COCHRAN (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 1461 submitted by Ms. 
Murkowski and intended to be proposed to the amendment SA 1373 proposed 
by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) 
to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following: 
     ``Notwithstanding any other provision of law, the 
     Administrator of the Federal Emergency Management Agency 
     shall reimburse the Bay St. Louis-Waveland School District 
     under section 406 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5173) for 100 percent 
     of the costs to replace all buildings located on the campus 
     of Second Street Elementary, Bay St. Louis, Mississippi 
     damaged by Hurricane Katrina of 2005.''.
                                 ______
                                 
  SA 1463. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill

[[Page S7331]]

H.R. 2892, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       On page 77, between lines 16 and 17 insert the following:

     SEC. 556. FEDERAL DEPOSIT INSURANCE ACT TECHNICAL CORRECTION.

       (a) Applicable Annual Percentage Rate of Interest.--Section 
     44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
     1831u(f)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``(or in the case of a governmental entity located in such 
     State, paid)'' after ``received, or reserved''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking 
     ``nondepository institution operating in such State'' and 
     inserting ``governmental entity located in such State and any 
     person that is not a depository institution described in 
     subparagraph (A) doing business in such State'';
       (B) by redesignating clause (ii) as clause (iii);
       (C) in clause (i)--
       (i) in subclause (III)--

       (I) in item (aa), by adding ``and'' at the end;
       (II) in item (bb), by striking ``, to facilitate'' and all 
     that follows through ``2009''; and
       (III) by striking item (cc); and

       (ii) by adding after subclause (III) the following:

       ``(IV) the uniform accessibility of bonds and obligations 
     issued under the American Recovery and Reinvestment Act of 
     2009;''; and

       (D) by inserting after clause (i) the following:
       ``(ii) to facilitate interstate commerce through the 
     issuance of bonds and obligations under any provision of 
     State law, including bonds and obligations for the purpose of 
     economic development, education, and improvements to 
     infrastructure; and''.
       (b) Effective Period.--The amendments made by this section 
     shall apply with respect to contracts consummated during the 
     period beginning on the date of enactment of this Act and 
     ending on December 31, 2010.
                                 ______
                                 
  SA 1464. Mr. GREGG submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROPER DISPOSAL OF PERSONAL INFORMATION COLLECTED 
                   THROUGH THE REGISTERED TRAVELER PROGRAM.

       (a) In General.--Any company that collects or retains 
     personal information from individuals who participated in the 
     Registered Traveler program shall safeguard and dispose of 
     such information in accordance with the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems''; and
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,'';
       (3) any supplemental standards established by the Assistant 
     Secretary, Transportation Security Administration (referred 
     to in this section as the ``Assistant Secretary'').
       (b) Certification.--The Assistant Secretary shall--
       (1) review the procedures used to safeguard and dispose of 
     such information; and
       (2) require any company described in subsection (a) to 
     provide, not later than 30 days after the date of the 
     enactment of this Act, written certification to the 
     sponsoring aircraft operator or airport operator that such 
     procedures are consistent with the minimum standards 
     established under paragraph (1).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Assistant Secretary shall submit a 
     report to Congress that--
       (1) describes the procedures that have been used to 
     safeguard and dispose of personal information collected 
     through the Registered Traveler program; and
       (2) provides the status of the certification by any company 
     described in subsection (a) that such procedures are 
     consistent with the minimum standards established by the 
     Assistant Secretary.
                                 ______
                                 
  SA 1465. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. ADMINISTRATIVE LAW JUDGES.

       The administrative law judge annuitants participating in 
     the Senior Administrative Law Judge Program managed by the 
     Director of the Office of Personnel Management under section 
     3323 of title 5, United States Code, shall be available on a 
     temporary reemployment basis to conduct arbitrations of 
     disputes as part of the arbitration panel established by the 
     President under section 601 of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 164).
                                 ______
                                 
  SA 1466. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 39, line 9, after ``spending:'' insert the 
     following: ``Provided further, That not later than 60 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall submit a report 
     to the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives 
     that includes (1) a plan for the acquisition of alternative 
     temporary housing units, and (2) procedures for expanding 
     repair of existing multi-family rental housing units 
     authorized under section 689i(a) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 776(a)), 
     semi-permanent, or permanent housing options:''.
                                 ______
                                 
  SA 1467. Mr. VITTER proposed an amendment to amendment SA 1458 
submitted by Mr. Dodd (for himself, Mr. Lieberman, and Mr. Carper) to 
the amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       At the end add the following:
       Sec. __. None of the funds made available in this Act for 
     U.S. Customs and Border Protection 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) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act: Provided, That the prescription drug may 
     not be--
                                 ______
                                 
  SA 1468. Mrs. MURRAY proposed an amendment to amendment SA 1373 
proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. 
Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       At the appropriate place insert the following:
       None of the funds appropriated or otherwise made available 
     by this Act may be used by the Department of Homeland 
     Security to enter into any federal contract unless such 
     contract is entered into in accordance with the requirements 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253) or Chapter 137 of title 10, United 
     States Code, and the Federal Acquisition Regulation, unless 
     such contract is otherwise authorized by statute to be 
     entered into without regard to the above referenced statutes.

                          ____________________