[Congressional Record Volume 156, Number 79 (Monday, May 24, 2010)]
[Senate]
[Pages S4149-S4156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4173. Mr. SESSIONS (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the end of the amendment, insert the following:

     SEC. ___. DISCRETIONARY SPENDING LIMITS.

       (a) Point of Order.--It shall not be in order in the House 
     of Representatives or the Senate to consider any bill, joint 
     resolution, amendment, or conference report that includes any 
     provision that would cause the discretionary spending limits 
     as set forth in this section to be exceeded.
       (b) Limits.--In this section, the term ``discretionary 
     spending limits'' has the following meaning subject to 
     adjustments in subsection (c):
       (1) For fiscal year 2011--
       (A) for the defense category (budget function 050), 
     $564,293,000,000 in budget authority; and
       (B) for the nondefense category, $540,116,000,000 in budget 
     authority.
       (2) For fiscal year 2012--
       (A) for the defense category (budget function 050), 
     $573,612,000,000 in budget authority; and
       (B) for the nondefense category, $543,790,000,000 in budget 
     authority.
       (3) For fiscal year 2013--
       (A) for the defense category (budget function 050), 
     $584,421,000,000 in budget authority; and
       (B) for the nondefense category, $551,711,000,000 in budget 
     authority.
       (4) With respect to fiscal years following 2013, the 
     President shall recommend and the Congress shall consider 
     legislation setting limits for those fiscal years.
       (c) Adjustments.--
       (1) In general.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     or the offering of an amendment thereto or the submission of 
     a conference report thereon--
       (A) the Chairman of the Senate Committee on the Budget may 
     adjust the discretionary spending limits, the budgetary 
     aggregates in the concurrent resolution on the budget most 
     recently adopted by the Senate and the House of 
     Representatives, and allocations pursuant to section 302(a) 
     of the Congressional Budget Act of 1974, by the amount of new 
     budget authority in that measure for that purpose and the 
     outlays flowing there from; and
       (B) following any adjustment under subparagraph (A), the 
     Senate Committee on Appropriations may report appropriately 
     revised suballocations pursuant to section 302(b) of the 
     Congressional Budget Act of 1974 to carry out this 
     subsection.
       (2) Matters described.--Matters referred to in paragraph 
     (1) are as follows:
       (A) Overseas deployments and other activities.--If a bill 
     or joint resolution is reported making appropriations for 
     fiscal year 2011, 2012, or 2013, that provides funding for 
     overseas deployments and other activities, the adjustment for 
     purposes paragraph (1) shall be the amount of budget 
     authority in that measure for that purpose but not to 
     exceed--
       (i) with respect to fiscal year 2011, $50,000,000,000 in 
     new budget authority;
       (ii) with respect to fiscal year 2012, $50,000,000,000 in 
     new budget authority; and
       (iii) with respect to fiscal year 2013, $50,000,000,000 in 
     new budget authority.
       (B) Internal revenue service tax enforcement.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations for fiscal year 2011, 2012, or 2013, 
     that includes the amount described in clause (ii)(I), plus an 
     additional amount for enhanced tax enforcement to address the 
     Federal tax gap (taxes owed but not paid) described in clause 
     (ii)(II), the adjustment for purposes of paragraph (1) shall 
     be the amount of budget authority in that measure for that 
     initiative not exceeding the amount specified in clause 
     (ii)(II) for that fiscal year.
       (ii) Amounts.--The amounts referred to in clause (i) are as 
     follows:

       (I) For fiscal year 2011, $7,171,000,000, for fiscal year 
     2012, $7,243,000,000, and for fiscal year 2013, 
     $7,315,000,000.
       (II) For fiscal year 2011, $899,000,000, for fiscal year 
     2012, and $908,000,000, for fiscal year 2013, $917,000,000.

       (C) Continuing disability reviews and ssi 
     redeterminations.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations for fiscal year 2011, 2012, or 2013 
     that includes the amount described in clause (ii)(I), plus an 
     additional amount for Continuing Disability Reviews and 
     Supplemental Security Income Redeterminations for the Social 
     Security Administration described in clause (ii)(II), the 
     adjustment for purposes of paragraph (1) shall be the amount 
     of budget authority in that measure for that initiative not 
     exceeding the amount specified in clause (ii)(II) for that 
     fiscal year.
       (ii) Amounts.--The amounts referred to in clause (i) are as 
     follows:

       (I) For fiscal year 2011, $276,000,000, for fiscal year 
     2012, $278,000,000, and for fiscal year 2013, $281,000,000.
       (II) For fiscal year 2011, $490,000,000; for fiscal year 
     2012, and $495,000,000; for fiscal year 2013, $500,000,000.

       (iii) Asset verification.--

       (I) In general.--The additional appropriation permitted 
     under clause (ii)(II) may also provide that a portion of that 
     amount, not to exceed the amount specified in subclause (II) 
     for that fiscal year instead may be used for asset 
     verification for Supplemental Security Income recipients, but 
     only if, and to the extent that the Office of the Chief 
     Actuary estimates that the initiative would be at least as 
     cost effective as the redeterminations of eligibility 
     described in this subparagraph.
       (II) Amounts.--For fiscal year 2011, $34,340,000, for 
     fiscal year 2012, $34,683,000, and for fiscal year 2013, 
     $35,030,000.

       (D) Health care fraud and abuse.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations for fiscal year 2011, 2012, or 2013 
     that includes the amount described in clause (ii) for the 
     Health Care Fraud and Abuse Control program at the Department 
     of Health & Human Services for that fiscal year, the 
     adjustment for purposes of paragraph (1) shall be the amount 
     of budget authority in that measure for that initiative but 
     not to exceed the amount described in clause (ii).
       (ii) Amount.--The amount referred to in clause (i) is for 
     fiscal year 2011, $314,000,000, for fiscal year 2012, 
     $317,000,000, and for fiscal year 2013, $320,000,000.
       (E) Unemployment insurance improper payment reviews.--If a 
     bill or joint resolution is reported making appropriations 
     for fiscal year 2011, 2012, or 2013 that includes 
     $10,000,000, plus an additional amount for in-person 
     reemployment and eligibility assessments and unemployment 
     improper payment reviews for the Department of Labor, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that initiative but not 
     to exceed--
       (i) with respect to fiscal year 2011, $51,000,000 in new 
     budget authority;
       (ii) with respect to fiscal year 2012, $51,000,000 in new 
     budget authority; and
       (iii) with respect to fiscal year 2013, $52,000,000 in new 
     budget authority.
       (F) Low-income home energy assistance program (liheap).--If 
     a bill or joint resolution is reported making appropriations 
     for fiscal year 2011, 2012, or 2013 that includes 
     $3,200,000,000 in funding for the Low-Income Home Energy 
     Assistance Program and provides an additional amount up to 
     $1,900,000,000 for that program, the adjustment for purposes 
     of paragraph (1) shall be the amount of budget authority in 
     that

[[Page S4150]]

     measure for that initiative but not to exceed $1,900,000,000.
       (d) Emergency Spending.--
       (1) Authority to designate.--In the Senate, with respect to 
     a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement in such measure, the 
     amounts of new budget authority, outlays, and receipts in all 
     fiscal years resulting from that provision shall be treated 
     as an emergency requirement for the purpose of this 
     subsection.
       (2) Exemption of emergency provisions.--Any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     subsection, in any bill, joint resolution, amendment, or 
     conference report shall not count for purposes of this 
     section, sections 302 and 311 of this Act, section 201 of S. 
     Con. Res. 21 (110th Congress) (relating to pay-as-you-go), 
     section 311 of S. Con. Res. 70 (110th Congress) (relating to 
     long-term deficits), and section 404 of S. Con. Res. 13 
     (111th Congress).
       (3) Designations.--If a provision of legislation is 
     designated as an emergency requirement under this subsection, 
     the committee report and any statement of managers 
     accompanying that legislation shall include an explanation of 
     the manner in which the provision meets the criteria in 
     paragraph (6).
       (4) Definitions.--In this subsection, the terms ``direct 
     spending'', ``receipts'', and ``appropriations for 
     discretionary accounts'' mean any provision of a bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending, receipts, or appropriations as those 
     terms have been defined and interpreted for purposes of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (5) Point of order.--
       (A) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, if a 
     point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (B) Supermajority waiver and appeals.--
       (i) Waiver.--Subparagraph (A) may be waived or suspended in 
     the Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (ii) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this paragraph shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this paragraph.
       (C) Definition of an emergency designation.--For purposes 
     of subparagraph (A), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this paragraph.
       (D) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (E) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this paragraph, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.
       (6) Criteria.--
       (A) In general.--For purposes of this subsection, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--
       (i) necessary, essential, or vital (not merely useful or 
     beneficial);
       (ii) sudden, quickly coming into being, and not building up 
     over time;
       (iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       (iv) subject to clause (ii), unforeseen, unpredictable, and 
     unanticipated; and
       (v) not permanent, temporary in nature.
       (7) Unforeseen.--An emergency that is part of an aggregate 
     level of anticipated emergencies, particularly when normally 
     estimated in advance, is not unforeseen.
       (e) Limitations on Changes to Exemptions.--It shall not be 
     in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would exempt any new budget authority, outlays, 
     and receipts from being counted for purposes of this section.
       (f) Point of Order in the Senate.--
       (1) Waiver.--The provisions of this section shall be waived 
     or suspended in the Senate only--
       (A) by the affirmative vote of two-thirds of the Members, 
     duly chosen and sworn; or
       (B) in the case of the defense budget authority, if 
     Congress declares war or authorizes the use of force.
       (2) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the measure. 
     An affirmative vote of two-thirds of the Members of the 
     Senate, duly chosen and sworn, shall be required to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       (3) Limitations on changes to this subsection.--It shall 
     not be in order in the Senate or the House of Representatives 
     to consider any bill, resolution, amendment, or conference 
     report that would repeal or otherwise change this subsection.
                                 ______
                                 
  SA 4174. Mr. REID proposed an amendment to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

   TITLE IV--PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2009

     SECTION 4001. SHORT TITLE.

       This title may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2009''.

     SEC. 4002. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies, it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) State and local public safety officers play an 
     essential role in the efforts of the United States to detect, 
     prevent, and respond to terrorist attacks, and to respond to 
     natural disasters, hazardous materials, and other mass 
     casualty incidents. State and local public safety officers, 
     as first responders, are a component of our Nation's National 
     Incident Management System, developed by the Department of 
     Homeland Security to coordinate response to and recovery from 
     terrorism, major natural disasters, and other major 
     emergencies. Public safety employer-employee cooperation is 
     essential in meeting these needs and is, therefore, in the 
     National interest.
       (3) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and the representatives of their employees to reach 
     and maintain agreements concerning rates of pay, hours, and 
     working conditions, and to make all reasonable efforts 
     through negotiations to settle their differences by mutual 
     agreement reached through collective bargaining or by such 
     methods as may be provided for in any applicable agreement 
     for the settlement of disputes.
       (4) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.
       (5) Many States and localities already provide public 
     safety officers with collective bargaining rights comparable 
     to or greater than the rights and responsibilities set forth 
     in this title, and such State and local laws should be 
     respected.

     SEC. 4003. DEFINITIONS.

       In this title:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Confidential employee.--The term ``confidential 
     employee'' has the meaning given such term under applicable 
     State law on the date of enactment of this Act. If no such 
     State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) is designated as confidential; and
       (B) is an individual who routinely assists, in a 
     confidential capacity, supervisory employees and management 
     employees.
       (3) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (4) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety officer'' mean any State, or political 
     subdivision

[[Page S4151]]

     of a State, that employs public safety officers.
       (5) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203(y)).
       (6) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment, and related 
     matters.
       (7) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b).
       (8) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (9) Person.--The term ``person'' means an individual or a 
     labor organization.
       (10) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory, management, 
     or confidential employee.
       (11) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, and 
     any territory or possession of the United States.
       (12) Substantially provides.--The term ``substantially 
     provides'', when used with respect to the rights and 
     responsibilities described in section 4004(b), means 
     compliance with each right and responsibility described in 
     such section.
       (13) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work to exercising such 
     authority.

     SEC. 4004. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b).
       (2) Consideration of additional opinions.--In making the 
     determination described in paragraph (1), the Authority shall 
     consider the opinions of affected employers and labor 
     organizations. In the case where the Authority is notified by 
     an affected employer and labor organization that both parties 
     agree that the law applicable to such employer and labor 
     organization substantially provides for the rights and 
     responsibilities described in subsection (b), the Authority 
     shall give such agreement weight to the maximum extent 
     practicable in making the Authority's determination under 
     this subsection.
       (3) Limited criteria.--In making the determination 
     described in paragraph (1), the Authority shall be limited to 
     the application of the criteria described in subsection (b) 
     and shall not require any additional criteria.
       (4) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Authority shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (5) Judicial review.--Any person or employer aggrieved by a 
     determination of the Authority under this section may, during 
     the 60-day period beginning on the date on which the 
     determination was made, petition any United States Court of 
     Appeals in the circuit in which the person or employer 
     resides or transacts business or in the District of Columbia 
     circuit, for judicial review. In any judicial review of a 
     determination by the Authority, the procedures contained in 
     subsections (c) and (d) of section 7123 of title 5, United 
     States Code, shall be followed.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider a 
     State's law to substantially provide the required rights and 
     responsibilities unless such law fails to provide rights and 
     responsibilities comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management 
     employees, supervisory employees, and confidential employees, 
     that is, or seeks to be, recognized as the exclusive 
     bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Providing for the right to bargain over hours, wages, 
     and terms and conditions of employment.
       (4) Making available an interest impasse resolution 
     mechanism, such as fact-finding, mediation, arbitration, or 
     comparable procedures.
       (5) Requiring enforcement of all rights, responsibilities, 
     and protections provided by State law and enumerated in this 
     section, and of any written contract or memorandum of 
     understanding between a labor organization and a public 
     safety employer, through--
       (A) a State administrative agency, if the State so chooses; 
     and
       (B) at the election of an aggrieved party, the State 
     courts.
       (c) Compliance With Requirements.--If the Authority 
     determines, acting pursuant to its authority under subsection 
     (a), that a State substantially provides rights and 
     responsibilities described in subsection (b), then this title 
     shall not preempt State law.
       (d) Failure To Meet Requirements.--
       (1) In general.--If the Authority determines, acting 
     pursuant to its authority under subsection (a), that a State 
     does not substantially provide for the rights and 
     responsibilities described in subsection (b), then such State 
     shall be subject to the regulations and procedures described 
     in section 4005 beginning on the later of--
       (A) the date that is 2 years after the date of enactment of 
     this Act;
       (B) the date that is the last day of the first regular 
     session of the legislature of the State that begins after the 
     date of the enactment of this Act; or
       (C) in the case of a State receiving a subsequent 
     determination under subsection (a)(4), the date that is the 
     last day of the first regular session of the legislature of 
     the State that begins after the date the Authority made the 
     determination.
       (2) Partial failure.--If the Authority makes a 
     determination that a State does not substantially provide for 
     the rights and responsibilities described in subsection (b) 
     solely because the State law substantially provides for such 
     rights and responsibilities for certain categories of public 
     safety officers covered by the title but not others, the 
     Authority shall identify those categories of public safety 
     officers that shall be subject to the regulations and 
     procedures described in section 4005, pursuant to section 
     4008(b)(3) and beginning on the appropriate date described in 
     paragraph (1), and those categories of public safety officers 
     that shall remain subject to State law.

     SEC. 4005. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section 4004(b) establishing collective bargaining 
     procedures for employers and public safety officers in States 
     which the Authority has determined, acting pursuant to 
     section 4004(a), do not substantially provide for such rights 
     and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this title and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a voting majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators;
       (6) protect the right of each employee to form, join, or 
     assist any labor organization, or to refrain from any such 
     activity, freely and without fear of penalty or reprisal, and 
     protect each employee in the exercise of such right; and
       (7) take such other actions as are necessary and 
     appropriate to effectively administer this title, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to

[[Page S4152]]

     enforce any final orders under this section, and for 
     appropriate temporary relief or a restraining order. Any 
     petition under this section shall be conducted in accordance 
     with subsections (c) and (d) of section 7123 of title 5, 
     United States Code.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in any appropriate 
     district court of the United States to enforce compliance 
     with the regulations issued by the Authority pursuant to 
     subsection (b), and to enforce compliance with any order 
     issued by the Authority pursuant to this section. The right 
     provided by this subsection to bring a suit to enforce 
     compliance with any order issued by the Authority pursuant to 
     this section shall terminate upon the filing of a petition 
     seeking the same relief by the Authority.

     SEC. 4006. STRIKES AND LOCKOUTS PROHIBITED.

       (a) In General.--Subject to subsection (b), an employer, 
     public safety officer, or labor organization may not engage 
     in a lockout, sickout, work slowdown, strike, or any other 
     organized job action that will measurably disrupt the 
     delivery of emergency services and is designed to compel an 
     employer, public safety officer, or labor organization to 
     agree to the terms of a proposed contract.
       (b) No Preemption.--Nothing in this section shall be 
     construed to preempt any law of any State or political 
     subdivision of any State with respect to strikes by public 
     safety officers.

     SEC. 4007. EXISTING COLLECTIVE BARGAINING UNITS AND 
                   AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) and is in 
     effect on the day before the date of enactment of this Act 
     shall not be invalidated by the enactment of this Act.

     SEC. 4008. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this title shall be 
     construed--
       (1) to preempt or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State that provides greater or comparable rights and 
     responsibilities than the rights and responsibilities 
     described in section 4004(b);
       (2) to prevent a State from enforcing a right-to-work law 
     that prohibits employers and labor organizations from 
     negotiating provisions in a labor agreement that require 
     union membership or payment of union fees as a condition of 
     employment;
       (3) to preempt or limit any State law in effect on the date 
     of enactment of this Act that provides for the rights and 
     responsibilities described in section 4004(b) solely because 
     such State law permits an employee to appear on the 
     employee's own behalf with respect to the employee's 
     employment relations with the public safety agency involved;
       (4) to preempt or limit any State law in effect on the date 
     of enactment of this Act that provides for the rights and 
     responsibilities described in section 4004(b) solely because 
     such State law excludes from its coverage employees of a 
     State militia or national guard;
       (5) to permit parties in States subject to the regulations 
     and procedures described in section 4005 to negotiate 
     provisions that would prohibit an employee from engaging in 
     part-time employment or volunteer activities during off-duty 
     hours;
       (6) to prohibit a State from exempting from coverage under 
     this Act a political subdivision of the State that has a 
     population of less than 5,000 or that employs less than 25 
     full-time employees; or
       (7) to preempt or limit the laws or ordinances of any State 
     or political subdivision of a State that provide for the 
     rights and responsibilities described in section 4004(b) 
     solely because such law or ordinance does not require 
     bargaining with respect to pension, retirement, or health 
     benefits.

     For purposes of paragraph (6), the term ``employee'' includes 
     each and every individual employed by the political 
     subdivision except any individual elected by popular vote or 
     appointed to serve on a board or commission.
       (b) Compliance.--
       (1) Actions of states.--Nothing in this title or the 
     regulations promulgated under this title shall be construed 
     to require a State to rescind or preempt the laws or 
     ordinances of any of the State's political subdivisions if 
     such laws provide rights and responsibilities for public 
     safety officers that are comparable to or greater than the 
     rights and responsibilities described in section 4004(b).
       (2) Actions of the authority.--Nothing in this title or the 
     regulations promulgated under this title shall be construed 
     to preempt--
       (A) the laws or ordinances of any State or political 
     subdivision of a State, if such laws provide collective 
     bargaining rights for public safety officers that are 
     comparable to or greater than the rights enumerated in 
     section 4004(b);
       (B) the laws or ordinances of any State or political 
     subdivision of a State that provide for the rights and 
     responsibilities described in section 4004(b) with respect to 
     certain categories of public safety officers covered by this 
     title solely because such rights and responsibilities have 
     not been extended to other categories of public safety 
     officers covered by this title; or
       (C) the laws or ordinances of any State or political 
     subdivision of a State that provide for the rights and 
     responsibilities described in section 4004(b), solely because 
     such laws or ordinances provide that a contract or memorandum 
     of understanding between a public safety employer and a labor 
     organization must be presented to a legislative body as part 
     of the process for approving such contract or memorandum of 
     understanding.
       (3) Limited enforcement power.--In the case of a law 
     described in paragraph (2)(B), the Authority shall only 
     exercise the powers provided in section 4005 with respect to 
     those categories of public safety officers who have not been 
     afforded the rights and responsibilities described in section 
     4004(b).
       (4) Exclusive enforcement provision.--Notwithstanding any 
     other provision of this title, and in the absence of a waiver 
     of a State's sovereign immunity, the Authority shall have the 
     exclusive power to enforce the provisions of this title with 
     respect to employees of a State.

     SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this title.
                                 ______
                                 
  SA 4175. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 79, between lines 3 and 4, insert the following:
       (b) Reimbursement.--
       (1) Definition of responsible party.--In this subsection, 
     the term ``responsible party'' means a responsible party (as 
     defined in section 1001 of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701)) with respect to the discharge of oil that began 
     in 2010 in connection with the explosion on, and sinking of, 
     the mobile offshore drilling unit Deepwater Horizon in the 
     Gulf of Mexico.
       (2) Liability and reimbursement.--Notwithstanding any 
     limitation on liability under section 1004 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704) or any other provision 
     of law, each responsible party--
       (A) is liable for any costs incurred by the United States 
     under this Act relating to the discharge of oil that began in 
     2010 in connection with the explosion on, and sinking of, the 
     mobile offshore drilling unit Deepwater Horizon in the Gulf 
     of Mexico; and
       (B) shall, upon the demand of the Secretary of the 
     Treasury, reimburse the general fund of the Treasury for the 
     costs incurred under this Act relating to the discharge of 
     oil described in subparagraph (A), as well as the costs 
     incurred by the United States in administering 
     responsibilities under this Act and other applicable Federal 
     law relating to that discharge of oil.
       (3) Failure to pay.--If a responsible party fails to pay a 
     demand of the Secretary of the Treasury pursuant to this Act, 
     the Secretary of the Treasury shall request the Attorney 
     General to bring a civil action against the responsible party 
     (or a guarantor of the responsible party) in an appropriate 
     United States district court to recover the amount of the 
     demand, plus all costs incurred in obtaining payment, 
     including prejudgment interest, attorneys fees, and any other 
     administrative and adjudicative costs.
                                 ______
                                 
  SA 4176. Mr. ENSIGN (for himself and Mr. Reid) submitted an amendment 
intended to be proposed by him to the bill H.R. 4899, making emergency 
supplemental appropriations for disaster relief and summer jobs 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 chapter 3 of title I, add the following:
       Sec. 309. (a) Limitations on Transfer of C-130H Aircraft 
     From National Guard to Regular Air Force.--No funds 
     appropriated or otherwise made available by this Act or any 
     other Act may be obligated or expended to transfer a C-130H 
     aircraft from the National Guard to the regular Air Force 
     unless each of the following is met:
       (1) The aircraft shall be returned to the transferring unit 
     at a date, not later than 18 months after the date of 
     transfer, specified by the Secretary of the Air Force at the 
     time of transfer.
       (2) Not later than 180 days before the date of transfer, 
     the Secretary of the Air Force shall submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the members of Congress of the State 
     concerned, and the Chief Executive Officer and adjutant 
     general of the National Guard of the State concerned the 
     following:
       (A) A written justification of the transfer.
       (B) A description of the alternatives to transfer 
     considered by the Air Force and, for each alternative 
     considered, a justification for the decision not to utilize 
     such alternative.
       (3) If a C-130H aircraft has previously been transferred 
     from any National Guard unit in the same State as the unit 
     proposed to provide the C-130H aircraft for transfer, the 
     transfer may not occur until the earlier of--
       (A) the date following such previous transfer on which each 
     other State with National

[[Page S4153]]

     Guard units with C-130H aircraft has transferred a C-130H 
     aircraft to the regular Air Force; or
       (B) the date that is 18 months after the date of such 
     previous transfer.
       (b) Return of Aircraft.--Any C-130H aircraft transferred 
     from the National Guard to the regular Air Force under 
     subsection (a) shall be returned to the National Guard of the 
     State concerned upon a written request by the Chief Executive 
     Officer of such State for the return of such aircraft to 
     assist the National Guard of such State in responding to a 
     disaster or other emergency.
                                 ______
                                 
  SA 4177. Mr. DeMINT (for himself, Mr. Coburn, Mr. McCain, Mr. Vitter, 
and Mr. Johanns) submitted an amendment intended to be proposed by him 
to the bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs 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. __. BORDER FENCE COMPLETION.

       (a) Minimum Requirements.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Fencing that does not effectively restrain 
     pedestrian traffic (such as vehicle barriers and virtual 
     fencing) may not be used to meet the 700-mile fence 
     requirement under this subparagraph.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) not later than 1 year after the date of the 
     enactment of the Supplemental Appropriations Act, 2010, 
     complete the construction of all the reinforced fencing and 
     the installation of the related equipment described in 
     subparagraph (A).''; and
       (3) in subparagraph (C), by adding at the end the 
     following:
       ``(iii) Funding not contingent on consultation.--Amounts 
     appropriated to carry out this paragraph may not be impounded 
     or otherwise withheld for failure to fully comply with the 
     consultation requirement under clause (i).''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of the Supplemental Appropriations Act, 2010, the 
     Secretary of Homeland Security shall submit a report to 
     Congress that describes--
       (1) the progress made in completing the reinforced fencing 
     required under section 102(b)(1) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1103 note), as amended by this section; and
       (2) the plans for completing such fencing not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 4178. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 79, between lines 3 and 4, insert the following:


                              right-of-way

       Sec. __.  (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior shall--
       (1) not later than 30 days after the date of enactment of 
     this Act, amend Right-of-Way Grants No. NVN-49781/IDI-26446/
     NVN-85211/NVN-85210 of the Bureau of Land Management to shift 
     the 200-foot right-of-way for the 500-kilovolt transmission 
     line project to the alignment depicted on the maps entitled 
     ``Southwest Intertie Project'' and dated December 10, 2009, 
     and May 21, 2010, and approve the construction, operation and 
     maintenance plans of the project; and
       (2) not later than 90 days after the date of enactment of 
     this Act, issue a notice to proceed with construction of the 
     project in accordance with the amended grants and approved 
     plans described in paragraph (1).
       (b) Notwithstanding any other provision of law, the 
     Secretary of Energy may provide or facilitate federal 
     financing for the project described in subsection (a) under 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 115) or the Energy Policy Act of 2005 
     (42 U.S.C. 15801 et seq.), based on the comprehensive reviews 
     and consultations performed by the Secretary of the Interior.
                                 ______
                                 
  SA 4179. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 74, between lines 12 and 13, insert the following:

                               CHAPTER 12

                          INDEPENDENT AGENCIES

                     Small Business Administration

                     disaster loans program account

       From unobligated balances in the appropriations account 
     appropriated under this heading, up to $100,000,000 shall be 
     available to the Administrator of the Small Business 
     Administration to waive the payment, for a period of not more 
     than 3 years, of not more than $15,000 in interest on loans 
     made under section 7(b) of the Small Business Act (15 U.S.C. 
     636(b)): Provided, That funds made available under this 
     heading may be used for any business located in an area 
     affected by a hurricane occurring during 2005 or 2008 for 
     which the President declared a major disaster under section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170): Provided further, That the 
     Administrator shall, to the extent practicable, give priority 
     to an application for a waiver of interest under the program 
     established under this heading by a small business concern 
     (as defined under section 3 of the Small Business Act (15 
     U.S.C. 632)) with not more than 50 employees or that the 
     Administrator determines suffered a substantial economic 
     injury as a result of the Deepwater Horizon oil spill of 
     2010: Provided further, That the Administrator may not 
     approve an application under the program established under 
     this heading after December 31, 2010: Provided further, That 
     if a disaster is declared under section 7(b) of the Small 
     Business Act (15 U.S.C.636(b)) during the period beginning on 
     the date of enactment of this Act and ending on December 31, 
     2010, and to the extent there are inadequate funds in the 
     appropriations account under this heading to provide 
     assistance relating to the disaster under section 7(b) of the 
     Small Business Act and waive the payment of interest under 
     the program established under this heading, the Administrator 
     shall give priority in using the funds to applications under 
     section 7(b) of the Small Business Act relating to the 
     disaster: Provided further, That the amount made available 
     under this heading is designated as an emergency for purposes 
     of pay-as-you-go principles and, in the Senate, is designated 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010: Provided further, That the 
     amount made available under this heading is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)).
                                 ______
                                 
  SA 4180. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 79, between lines 3 and 4, insert the following:

     SEC. 2002. DISASTER LOANS.

       For any loan under section 7(b) of the Small Business Act 
     (15 U.S.C. 636(b)) made as a result of the discharge of oil 
     that began in 2010 in connection with the explosion on, and 
     sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, the Administrator of the Small Business 
     Administration shall defer payments of principal and interest 
     for not longer than 1 year after the date of disbursement of 
     the loan. For a loan described in this section, the 
     Administrator shall accept as collateral, where practicable, 
     the interest of the applicant in a claim against British 
     Petroleum relating to the discharge of oil.
                                 ______
                                 
  SA 4181. Ms. LANDRIEU (for herself, Mr. Vitter, Mr. Begich, and Mr. 
Shelby) submitted an amendment intended to be proposed by her to the 
bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 81, between lines 23 and 24, insert the following:

     SEC. 30___. COASTAL IMPACT ASSISTANCE.

       Section 31(c) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a(c)) is amended by adding at the end the 
     following:
       ``(5) Application requirements; availability of funding.--
     On approval of a plan by the Secretary under this section, 
     the producing State shall--
       ``(A) not be subject to any additional application or other 
     requirements (other than notifying the Secretary of which 
     projects are being carried out under the plan) to receive the 
     payments; and
       ``(B) be immediately eligible to receive payments under 
     this section.
       ``(6) State requirements.--
       ``(A) In general.--In carrying out a plan approved by the 
     Secretary under this subsection, the producing State shall 
     comply with--
       ``(i) this section; and
       ``(ii) any other applicable Federal laws.
       ``(B) Submission of additional information.--
       ``(i) In general.--Not later than 180 days after the date 
     on which the producing State receives payments for an 
     approved plan, the

[[Page S4154]]

     producing State shall submit to the Secretary any additional 
     information or amendments to the approved plan that the 
     Secretary determines to be necessary to ensure compliance 
     with subsection (d).
       ``(ii) Failure to submit.--If a producing State or coastal 
     political subdivision does not submit the additional 
     information or any amendments to the plan required under 
     clause (i) by the deadline specified in that clause, the 
     Secretary shall not disburse any additional funds to the 
     producing State or the coastal political subdivision until 
     the date on which the additional information or amendments to 
     the plan have been approved by the Secretary.''.
                                 ______
                                 
  SA 4182. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 30, between lines 6 and 7, insert the following:

     SEC. 4__. LOUISIANA COASTAL AREA.

       Of the amounts appropriated or otherwise made available 
     under this chapter, the Secretary of the Army shall use 
     $19,000,000 for the construction of authorized restoration 
     projects under the Louisiana coastal area ecosystem 
     restoration program authorized under title VII of the Water 
     Resources Development Act of 2007 (Public Law 110-114; 121 
     Stat. 1270).''
                                 ______
                                 
  SA 4183. Mr. WYDEN (for himself, Mr. Grassley, Ms. Collins, Mr. 
Merkley, Mr. Bennet, Mr. Udall of Colorado, Mr. Brown of Ohio, and Mr. 
Kerry) submitted an amendment intended to be proposed by him to the 
bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs 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, insert the following:

     SEC. __. ELIMINATING SECRET SENATE HOLDS.

       (a) In General.--
       (1) Covered request.--This standing order shall apply to a 
     notice of intent to object to the following covered requests:
       (A) A unanimous consent request to proceed to a bill, 
     resolution, joint resolution, concurrent resolution, 
     conference report, or amendment between the Houses.
       (B) A unanimous consent request to pass a bill or joint 
     resolution or adopt a resolution, concurrent resolution, 
     conference report, or the disposition of an amendment between 
     the Houses.
       (C) A unanimous consent request for disposition of a 
     nomination.
       (2) Recognition of notice of intent.--The majority and 
     minority leaders of the Senate or their designees shall 
     recognize a notice of intent to object to a covered request 
     of a Senator who is a member of their caucus if the Senator--
       (A) submits the notice of intent to object in writing to 
     the appropriate leader and grants in the notice of intent to 
     object permission for the leader or designee to object in the 
     Senator's name; and
       (B) not later than 2 session days after submitting the 
     notice of intent to object to the appropriate leader, submits 
     a copy of the notice of intent to object to the Congressional 
     Record and to the Legislative Clerk for inclusion in the 
     applicable calendar section described in subsection (b).
       (3) Form of notice.--To be recognized by the appropriate 
     leader a Senator shall submit the following notice of intent 
     to object:
       ``I, Senator _______, intend to object to ________, dated 
     _______. I will submit a copy of this notice to the 
     Legislative Clerk and the Congressional Record within 2 
     session days and I give my permission to the objecting 
     Senator to object in my name.'' The first blank shall be 
     filled with the name of the Senator, the second blank shall 
     be filled with the name of the covered request, the name of 
     the measure or matter and, if applicable, the calendar 
     number, and the third blank shall be filled with the date 
     that the notice of intent to object is submitted.
       (b) Calendar.--Upon receiving the submission under 
     subsection (a)(2)(B), the Legislative Clerk shall add the 
     information from the notice of intent to object to the 
     applicable Calendar section entitled ``Notices of Intent to 
     Object to Proceeding'' created by Public Law 110-81. Each 
     section shall include the name of each Senator filing a 
     notice under subsection (a)(2)(B), the measure or matter 
     covered by the calendar to which the notice of intent to 
     object relates, and the date the notice of intent to object 
     was filed.
       (c) Removal.--A Senator may have a notice of intent to 
     object relating to that Senator removed from a calendar to 
     which it was added under subsection (b) by submitting for 
     inclusion in the Congressional Record the following notice:
       ``I, Senator _____, do not object to _______, dated 
     _____.'' The first blank shall be filled with the name of the 
     Senator, the second blank shall be filled with the name of 
     the covered request, the name of the measure or matter and, 
     if applicable, the calendar number, and the third blank shall 
     be filled with the date of the submission to the 
     Congressional Record under this subsection.
       (d) Objecting on Behalf of a Member.--If a Senator who has 
     notified his or her leader of an intent to object to a 
     covered request fails to submit a notice of intent to object 
     under subsection (a)(2)(B) within 2 session days following an 
     objection to a covered request by the leader or his or her 
     designee on that Senator's behalf, the Legislative Clerk 
     shall list the Senator who made the objection to the covered 
     request in the applicable ``Notice of Intent to Object to 
     Proceeding'' calendar section.
                                 ______
                                 
  SA 4184. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 30, between lines 6 and 7, insert the following:
       Sec. 4__. (a) The Secretary of the Army shall use funds 
     made available under the heading ``operation and 
     maintenance'' of this chapter to maximize the placement of 
     dredged material available from maintenance dredging of 
     existing navigation channels to mitigate the impacts of the 
     Deepwater Horizon Oil spill in the Gulf of Mexico at full 
     Federal expense.
       (b) The Secretary of the Army shall coordinate the 
     placement of dredged material with appropriate Federal and 
     Gulf Coast State agencies.
       (c) The placement of dredged material pursuant to this 
     section shall be executed under emergency permitting 
     authorities and shall not be subject to a least-cost-disposal 
     analysis or to the development of a Chief of Engineers 
     report.
                                 ______
                                 
  SA 4185. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 71, line 21, strike ``$15,000,000'' and insert 
     ``$99,700,000''.
       On page 72, line 19, strike ``$100,000,000'' and insert 
     ``$184,700,000''.
                                 ______
                                 
  SA 4186. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 11, strike lines 9 through 22 and insert the 
     following:
       The Science Appropriations Act, 2010 (title III of division 
     B of Public Law 111-117; 123 Stat. 3142) is amended by 
     striking the heading and matter relating to ``exploration''.
                                 ______
                                 
  SA 4187. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 3008. (a)(1) Section 402(g)(6)(A) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(g)(6)(A)) is amended by inserting ``and section 
     411(h)(1)'' after ``paragraphs (1) and (5)''.
       (2) Section 409(b) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1239(b)) is amended by 
     inserting ``and section 411(h)(1)'' after ``section 402(g)''.
       (b) Section 411(h)(1)(D)(ii) of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1240a(h)(1)(D)(ii)) is 
     amended by striking ``section 403'' and inserting ``section 
     402(g)(6), 403, or 409''.
                                 ______
                                 
  SA 4188. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 79, between lines 3 and 4, insert the following:
       Sec. 2002.  Section 11(c) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1340(c)) is amended--
       (1) in the fourth sentence of paragraph (1), by striking 
     ``within thirty days of its submission'' and inserting ``by 
     the deadline described in paragraph (5)''; and
       (2) by adding at the end the following:
       ``(5) Deadline for approval.--
       ``(A) In general.--The deadline for approval of an 
     exploration plan referred to in the fourth sentence of 
     paragraph (1) is--

[[Page S4155]]

       ``(i) the date that is 90 days after the date on which the 
     plan or the modifications to the plan are submitted; or
       ``(ii) if the Secretary determines that additional time is 
     necessary to complete any environmental, safety, or other 
     reviews, an alternative date specified by the Secretary that 
     provides such additional time as the Secretary determines is 
     necessary to complete the reviews, subject to subparagraph 
     (B).
       ``(B) Existing leases.--In the case of a lease issued under 
     a sale held on or before March 17, 2010, the Secretary shall 
     not extend the deadline under subparagraph (A)(ii) without 
     the consent of the holder of the lease.''.
                                 ______
                                 
  SA 4189. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 70, after line 19, add the following:


                         economic support fund

       Sec. 1019.  (a) Congress finds that--
       (1) even before the January 12, 2010 earthquake in Haiti, 
     the people of Haiti faced many challenges, which were 
     exacerbated by the devastating effects of the earthquake;
       (2) one of the most underserved sectors in Haiti is 
     children, of whom--
       (A) more than \1/2\ were not in school before the 
     earthquake; and
       (B) 76 percent of primary school students and 82 percent of 
     secondary school students who were attending school before 
     the earthquake attended nonpublic schools;
       (3) there are fewer educational opportunities in the rural 
     areas in Haiti, where only 23 percent were enrolled in 
     schools before the earthquake;
       (4) publicly funded schools can serve as the cornerstones 
     for communities by providing--
       (A) wrap-around services for children and adults; and
       (B) much needed family support services, including health 
     clinics, literacy, vocational training, and nutritional 
     support; and
       (5) schools can provide an important opportunity to 
     register children and to provide them with life-saving 
     immunizations.
       (b) It is the sense of Congress that the Secretary of State 
     should utilize a portion of the amounts appropriated for the 
     Economic Support Fund under this chapter that is allocated 
     for infrastructure, health services, or agriculture or food 
     security in Haiti, to support a publicly funded education 
     system in Haiti, in coordination with the Government of Haiti 
     and other donors.
                                 ______
                                 
  SA 4190. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 30__.  None of the funds made available by this Act 
     shall be used by the Secretary of the Interior to review or 
     approve plans or permits for the exploration, development, or 
     production of oil and natural gas in the outer Continental 
     Shelf until such time as--
       (1) the Secretary of the Interior and the Council on 
     Environmental Quality have completed a joint review of 
     applicable procedures under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.);
       (2) any policy or procedural changes recommended by the 
     Secretary of the Interior and the Council on Environmental 
     Quality based on the joint review under paragraph (1) have 
     been fully implemented; and
       (3) the Secretary of the Interior has submitted a report 
     that describes the changes implemented under paragraph (2) 
     to--
       (A) the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
                                 ______
                                 
  SA 4191. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 30__.  None of the funds made available by this Act 
     shall be used by the Secretary of the Interior for the 
     conduct of offshore preleasing, leasing, and related 
     activities in the North Atlantic, Mid-Atlantic, South 
     Atlantic, and Straits of Florida Planning Areas of the outer 
     Continental Shelf described in the memorandum entitled 
     ``Memorandum on Withdrawal of Certain Areas of the United 
     States Outer Continental Shelf from Leasing Disposition'', 34 
     Weekly Comp. Pres. Doc. 1111, dated June 12, 1998.
                                 ______
                                 
  SA 4192. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 4 of the amendment, between lines 7 and 8, insert 
     the following:
       (6) Police, firefighters, and other first responders are 
     responsible for the protection of life and property and the 
     maintenance of civil order, all of which may be threatened in 
     a labor dispute. Public safety officers covered by this title 
     should not be subject to any conflict of interest, and the 
     public should be confident that such officers' duties will 
     not be subject to any such conflict.

     SEC. 4002A. PUBLIC SAFETY PROTECTIONS.

       (a) In General.--A State law described in section 4004(a) 
     shall provide that no labor organization may serve as 
     bargaining representative for any public safety officers if 
     the labor organization admits to membership, or is affiliated 
     directly or indirectly with an organization that admits to 
     membership, any employee other than a public safety officer.
       (b) Interaction With Other Laws.--Notwithstanding the Act 
     entitled ``An Act to amend the Judicial Code and to define 
     and limit the jurisdiction of courts sitting in equity, and 
     for other purposes'', approved March 23, 1932 (commonly known 
     as the ``Norris-LaGuardia Act''), or any other provision of 
     law, no Federal law that restricts the issuance of 
     injunctions or restraining orders in labor disputes shall 
     apply to labor disputes involving public safety officers 
     covered under this title.
       (c) Application.--Notwithstanding any other provision of 
     law, the provisions of this section shall apply to all 
     States.
                                 ______
                                 
  SA 4193. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 11 of the amendment, between lines 6 and 7, insert 
     the following:
       (6) Providing employers with the right to require random 
     drug testing of its employees.
                                 ______
                                 
  SA 4194. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 4 of the amendment, between lines 7 and 8, insert 
     the following:
       (6) Because of the critical role of public safety officers 
     in law enforcement, and the high public regard for such 
     employees, such employees should only be represented by 
     organizations that demonstrate a similar regard for the law 
     and inspire the same level of public trust and confidence.

     SEC. 4002A. PUBLIC SAFETY PROTECTIONS.

       (a) In General.--A State law described in section 4004(a) 
     shall--
       (1) provide that no labor organization may serve, or 
     continue to serve, as the representative of any unit of 
     public safety officers if--
       (A) any of the labor organization's officers or agents are 
     convicted of--
       (i) a felony; or
       (ii) a misdemeanor related to the organization's 
     representational responsibilities; or
       (B) the organization, or the organization's officers, 
     agents, or employees, encourage, participate, or fail to take 
     all steps necessary to prevent any unlawful work stoppage or 
     disruption by any public safety officers represented by such 
     labor organization; and
       (2)(A) provide any political subdivision or individual with 
     the right to bring a civil action in Federal court against 
     any public safety officer that engages in a strike, slowdown, 
     or other employment action that is unlawful under Federal or 
     State law or contrary to the provisions of a collective 
     bargaining agreement or a contract or memorandum of 
     understanding described in section 4004(b)(2); and
       (B) provide that, in any civil action described in 
     subparagraph (A), a public safety employer may receive 
     damages relating to the strike, slowdown, or other employment 
     action described in subparagraph (A), and that joint and 
     several liability shall apply.
       (b) Interaction With Other Laws.--Notwithstanding the Act 
     entitled ``An Act to amend the Judicial Code and to define 
     and limit the jurisdiction of courts sitting in equity, and 
     for other purposes'', approved March 23, 1932 (commonly known 
     as the ``Norris-LaGuardia Act''), or any other provision of 
     law, no Federal law that restricts the issuance of 
     injunctions or restraining orders in labor disputes shall 
     apply to labor disputes involving public safety officers 
     covered under this title.
       (c) Application.--Notwithstanding any other provision of 
     law, the provisions of this section shall apply to all 
     States.

[[Page S4156]]

                                 ______
                                 
  SA 4195. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 4 of the amendment, between lines 7 and 8, insert 
     the following:
       (6) Public safety officers frequently endanger their own 
     lives to protect the rights of individuals in their 
     communities. In return, each officer deserves the optimal 
     protection of his or her own rights under the law
       (7) The health and safety of the Nation and the best 
     interests of public security are furthered when employees are 
     assured that their collective bargaining representatives have 
     been selected in a free, fair and democratic manner.
       (8) An employee whose wages are subject to compulsory 
     assessment for any purpose not supported or authorized by 
     such employee is susceptible to job dissatisfaction. Job 
     dissatisfaction negatively affects job performance, and, in 
     the case of public safety officers, the welfare of the 
     general public.

     SEC. 4002A. PUBLIC SAFETY OFFICER BILL OF RIGHTS.

       (a) In General.--A State law described in section 4004(a) 
     shall--
       (1) provide for the selection of an exclusive bargaining 
     representative by public safety officer employees only 
     through the use of a democratic, government-supervised, 
     secret ballot election upon the request of the employer or 
     any affected employee;
       (2) ensure that public safety employers recognize the 
     employees' labor organization, freely chosen by a majority of 
     the employees pursuant to a law that provides the democratic 
     safeguards set forth in paragraph (1), to agree to bargain 
     with the labor organization, and to commit any agreements to 
     writing in a contract or memorandum of understanding; and
       (3) provide that--
       (A) no public safety officer shall, as a condition of 
     employment, be required to pay any amount in dues or fees to 
     any labor organization for any purpose other than the direct 
     and demonstrable costs associated with collective bargaining; 
     and
       (B) a labor organization shall not collect from any public 
     safety officer any additional amount without full disclosure 
     of the intended and actual use of such funds, and without the 
     public safety officer's written consent.
       (b) Applicability of Disclosure Requirements.--
     Notwithstanding any other provision of law, any labor 
     organization that represents or seeks to represent public 
     safety officers under State law or this title, or in 
     accordance with regulations promulgated by the Federal Labor 
     Relations Authority, shall be subject to the requirements of 
     title II of the Labor-Management Reporting and Disclosure Act 
     of 1959 (29 U.S.C. 432 et seq.) as if such public safety 
     labor organization was a labor organization defined in 
     section 3(i) of such Act (29 U.S.C. 402(i)).
       (c) Application.--Notwithstanding any other provision of 
     law, the provisions of this section shall apply to all 
     States.
                                 ______
                                 
  SA 4196. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 15 of the amendment, strike lines 11 through 22, 
     and insert the following:

     SEC. 4006. STRIKES AND LOCKOUTS PROHIBITED.

       Notwithstanding any rights or responsibilities provided 
     under State law or pursuant to any regulations issued under 
     section 4005, a labor organization may not call, encourage, 
     condone, or fail to take all actions necessary to prevent or 
     end, and a public safety employee may not engage in or 
     otherwise support, any strike (including sympathy strikes), 
     work slowdown, sick out, or any other job action or 
     concerted, full or partial refusal to work against any public 
     sector employer. A public safety employer may not engage in a 
     lockout of public safety officers.
                                 ______
                                 
  SA 4197. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 18 of the amendment, between lines 7 and 8, insert 
     the following and redesignate accordingly:
       (1) Harmonizing with federal law.--
       (A) Exemption.--Notwithstanding any other provision of this 
     title, a governor or the legislative body of a State, or a 
     mayor or other chief executive officer or authority or the 
     legislative body of a political subdivision, may exempt from 
     the requirements established under this title or otherwise 
     any group of public safety officers whose job function is 
     similar to the job function performed by any group of Federal 
     employees that is excluded from collective bargaining under 
     Federal law or an Executive order.
       (B) Treatment of certain employees.--Notwithstanding any 
     provision of State law, supervisory, managerial, and 
     confidential employees employed by public safety employers 
     shall be treated in the same manner for purposes of 
     collective-bargaining as individuals employed in the same 
     capacity by any employer covered under the provisions of the 
     National Labor Relations Act (29 U.S.C. 151 et seq.).
       (C) Rule of construction.--Notwithstanding any provision of 
     this title, nothing in this title shall be construed to 
     require mandatory bargaining except to the extent, and with 
     regard to the subjects, that mandatory bargaining is required 
     between the Federal Government and any of its public safety 
     employees.
                                 ______
                                 
  SA 4198. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs 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:

     SEC. 4010. NONAPPLICATION OF PROVISIONS.

       Notwithstanding any State law or regulation issued under 
     section 4005, the rights and responsibilities set forth in 
     section 4004(b) shall not apply to any political subdivision 
     of any State having a population of less than 100,000, or 
     that employs fewer than 150 uniformed public safety officers.
                                 ______
                                 
  SA 4199. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 38, after line 21, insert the following:

                     Office of Refugee Resettlement

                  refugee school impact grant program

       For an additional amount for the Office of Refugee 
     Resettlement, $2,000,000, which shall be used for the Refugee 
     School Impact Grant Program to help schools accommodate and 
     provide services for Haitian refugee students following the 
     earthquake in Port-au-Prince on January 12, 2010.

                          ____________________