[Congressional Record Volume 156, Number 81 (Wednesday, May 26, 2010)]
[Senate]
[Pages S4447-S4468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4236. Mr. NELSON of Florida (for himself and Mr. LeMieux) 
submitted

[[Page S4448]]

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) Assessment of Environmental Impacts.--
       (1) Definitions.--In this subsection:
       (A) Deepwater horizon oil discharge.--The term ``Deepwater 
     Horizon oil discharge'' means the discharge of oil and the 
     use of oil dispersants 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.
       (B) Responsible party.--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 Deepwater Horizon oil discharge.
       (2) Appropriations of funds.--
       (A) In general.--For an additional amount, in addition to 
     amounts provided elsewhere in this Act for ``Operations, 
     Research, and Facilities'' of the National Oceanic and 
     Atmospheric Administration, $22,400,000 to carry out enhanced 
     fisheries data collection in the Gulf of Mexico to assess 
     environmental impacts related to the Deepwater Horizon oil 
     discharge.
       (B) Grants to fishermen.--Of the amount appropriated under 
     subparagraph (A), $5,000,000 shall be available to provide 
     cooperative research grants to fishermen to collect data to 
     establish ecosystem baselines to assist managers in fully 
     understanding the extent of the damage that resulted from the 
     Deepwater Horizon oil discharge.
       (3) 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 shall, upon the demand of the 
     Secretary of the Treasury, reimburse the general fund of the 
     Treasury for the amount appropriated pursuant to paragraph 
     (2).
                                 ______
                                 
   SA 4237. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 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:

                          oil and gas leasing

       Sec. 20__.  Notwithstanding any other provision of law, 
     none of the funds made available by this Act shall be used by 
     the Secretary of the Interior to conduct any oil and natural 
     gas leasing, preleasing, or related activities in the outer 
     Continental Shelf without the concurrence of the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, after the Administrator of the National 
     Oceanic and Atmospheric Administration takes into account--
       (1) available scientific information, including information 
     on siting, mitigation, and habitat conservation; and
       (2) the effect on living marine resources managed or 
     protected under the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), the National 
     Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), or the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
     seq.); and
       (3) applicable requirements of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1361 et seq.).
                                 ______
                                 
   SA 4238. Mr. VITTER submitted an amendment intended to be proposed 
by him to the bill S. 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. 20__. LIABILITY FOR DEEPWATER HORIZON OIL SPILL.

       (a) In General.--Congress finds that--
       (1) executives of British Petroleum Exploration & 
     Production, Incorporated (referred to in this section as 
     ``BP'') testified before Congress in May 2010 that BP would 
     pay all legitimate claims relating to the Deepwater Horizon 
     explosion and oil spill that exceed existing applicable 
     economic liability limitations;
       (2) a letter from the Group Chief Executive of BP to the 
     Secretaries of Homeland Security and the Interior dated May 
     16, 2010, evidences an offer of BP to modify the oil and gas 
     leasing contract involved in the Deepwater Horizon incident 
     to incorporate new terms of liability by stating that BP is 
     ``prepared to pay above $75 million'' on ``all legitimate 
     claims'' relating to that explosion and oil spill;
       (3) that offer is acceptable to Congress and to the 
     Secretary of the Interior;
       (4) all documented legitimate claims pursuant to the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for economic 
     damages relating to the Deepwater Horizon explosion and oil 
     spill should be paid by BP without limit on liability;
       (5) BP should provide to the Federal Government any claims 
     relating to the Deepwater Horizon explosion and oil spill 
     that BP fails to pay; and
       (6) if the Federal Government finds pursuant to the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) that such 
     claims are legitimate under that Act, the claims should be 
     returned to BP for immediate payment.
       (b) Directive to Secretary of the Interior.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of the Interior (referred to in this 
     section as the ``Secretary'') shall--
       (A) accept the new terms of liability offered by BP in the 
     letter described in subsection (a)(2); and
       (B) consider the oil and gas leasing contract involved in 
     the Deepwater Horizon incident as being amended to reflect 
     those new terms.
       (2) Payment of claims.--
       (A) In general.--As an inherent condition of the amended 
     lease described in paragraph (1), BP shall present to the 
     Secretary each claim relating to the Deepwater Horizon 
     explosion and oil spill that BP fails to pay.
       (B) Finding of legitimacy.--As a further inherent condition 
     of the amended lease, if the Secretary finds a claim 
     described in subparagraph (A) to be legitimate for payment by 
     BP, the claim shall be returned to BP for immediate payment.
                                 ______
                                 
  SA 4239. Mr. VITTER 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, after line 22, add the following:

                    GENERAL PROVISIONS--THIS CHAPTER

     SEC. 201. NATIONAL ACADEMY OF SCIENCES STUDY OF LONG-TERM 
                   ECOSYSTEM SERVICE IMPACTS OF THE DEEPWATER 
                   HORIZON OIL SPILL ON THE GULF OF MEXICO.

       (a) Agreement.--
       (1) In general.--The Secretary of Commerce shall seek to 
     enter into an agreement with the National Academy of Sciences 
     to perform the services covered by this section.
       (2) Timing.--The Secretary shall seek to enter into the 
     agreement described in paragraph (1) not later than 30 days 
     after the date of the enactment of this Act.
       (b) Study.--Under an agreement between the Secretary and 
     the National Academy of Sciences under this section, the 
     National Academy of Sciences shall carry out a 1-year study 
     of the long-term ecosystem service impacts of the Deepwater 
     Horizon oil spill on the Gulf of Mexico. In carrying out the 
     study, the National Academy of Sciences shall assess the 
     long-term costs to the public of the effect of the oil spill 
     on the following:
       (1) Water filtration for such communities.
       (2) Hunting in the region near the Gulf of Mexico.
       (3) Fishing, including both commercial and recreational 
     fishing, in and near the Gulf of Mexico.
       (4) Such other economic values as the National Academy of 
     Sciences considers relevant to the communities near the Gulf 
     of Mexico.
       (c) Report.--Not later than 60 days after the completion of 
     the study carried out under this section, the Secretary shall 
     submit to Congress a report on the results of such study.
       (d) Alternate Contract Scientific Organization.--
       (1) In general.--If the Secretary is unable within the time 
     period prescribed in subsection (a)(2) to enter into an 
     agreement described in subsection (a)(1) with the National 
     Academy of Sciences on terms acceptable to the Secretary, the 
     Secretary shall seek to enter into such an agreement with 
     another appropriate scientific organization that--
       (A) is not part of the Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     National Academy of Sciences.
       (2) Treatment.--If the Secretary enters into an agreement 
     with another organization as described in paragraph (1), any 
     reference in this section to the National Academy of Sciences 
     shall be treated as a reference to the other organization.
       (e) Authorization of Appropriations and Direct Spending.--
       (1) In general.--There is authorized to be appropriated and 
     is appropriated to the Secretary, $1,000,000 to carry out 
     this section.
       (2) Emergency designation.--The amount appropriated under 
     paragraph (1) is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
   SA 4240. Mr. MENENDEZ (for himself, Mr. Nelson of Florida, Mr. 
Lautenberg, Mrs. Murray, Mr. Schumer, Mrs. Gillibrand, Mr. Kaufman, and 
Mr. Franken) submitted an amendment intended to be proposed by him to 
the bill S. 4899, making emergency

[[Page S4449]]

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:


         removal of limits on liability for offshore facilities

       Sec. 2002.  (a) Section 1004(a)(3) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2704(a)(3)) is amended by striking ``plus 
     $75,000,000'' and inserting ``and the liability of the 
     responsible party under section 1002''.
       (b) The amendment made by this section takes effect on 
     April 15, 2010.
                                 ______
                                 
   SA 4241. Mrs. BOXER submitted an amendment intended to be proposed 
by her to the bill S. 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:


                   support of fisher house foundation

       Sec. 309. Of the amount appropriated by this chapter under 
     the heading ``Iraq Security Forces Fund'', $18,000,000 shall 
     be available for a grant by the Secretary of Defense to the 
     Fisher House Foundation for the construction and furnishing 
     of facilities to meet the needs of military families 
     confronting the illness or hospitalization of eligible 
     military beneficiaries.
                                 ______
                                 
  SA 4242. Mr. SHELBY (for himself, Mr. Vitter, Mr. Wicker, and Ms. 
Landrieu) 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:


            funding for environmental and fisheries impacts

       Sec. 2002.  (a) Definitions.--In this section:
       (1) Deepwater horizon oil discharge.--The term ``Deepwater 
     Horizon oil discharge'' means the discharge of oil and the 
     use of oil dispersants 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) Oil spill liability trust fund.--The term ``Oil Spill 
     Liability Trust Fund'' means the Oil Spill Liability Trust 
     Fund established under section 9509 of the Internal Revenue 
     Code of 1986 (26 U.S.C. 9509).
       (3) Responsible party.--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 Deepwater Horizon oil discharge.
       (b) Availability of Funds.--Notwithstanding any provision 
     of section 9509 of the Internal Revenue Code of 1986 (26 
     U.S.C. 9509), amounts from the Oil Spill Liability Trust Fund 
     shall be made available for the following purposes:
       (1) Fisheries disaster relief.--For an additional amount, 
     in addition to other amounts provided in this Act for the 
     National Oceanic and Atmospheric Administration, $20,000,000 
     to be available to provide fisheries disaster relief under 
     section 312 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861a) related to a commercial 
     fishery failure due to a fishery resource disaster in the 
     Gulf of Mexico that resulted from the Deepwater Horizon oil 
     discharge.
       (2) Expanded stock assessment of fisheries.--For an 
     additional amount, in addition to other amounts provided in 
     this Act for the National Oceanic and Atmospheric 
     Administration, $15,000,000 to conduct an expanded stock 
     assessment of the fisheries of the Gulf of Mexico. Such 
     expanded stock assessment shall include an assessment of the 
     commercial and recreational catch and biological sampling, 
     observer programs, data management and processing activities, 
     the conduct of assessments, and follow-up evaluations of such 
     fisheries.
       (3) Ecosystem services impacts study.--For an additional 
     amount, in addition to other amounts provided for the 
     Department of Commerce, $1,000,000 to be available for the 
     National Academy of Sciences to conduct a study of the long-
     term ecosystem service impacts of the Deepwater Horizon oil 
     discharge. Such study shall assess long-term costs to the 
     public of lost water filtration, hunting, and fishing 
     (commercial and recreational), and other ecosystem services 
     associated with the Gulf of Mexico.
       (c) 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 shall, upon the demand of the 
     Secretary of the Treasury, reimburse the Oil Spill Liability 
     Trust Fund for the amounts made available pursuant to 
     subsection (b).
                                 ______
                                 
  SA 4243. Mr. NELSON of Florida 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 line 23 and 24, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING HAITI.

       (a) Findings.--The Senate makes the following findings:
       (1) A stable and democratic Republic of Haiti is in the 
     long-term national security interest of the United States.
       (2) The United States is committed to helping Haiti achieve 
     long-term stability, through a commitment of long-term 
     reconstruction and rehabilitation assistance following the 
     January 12, 2010 earthquake in Haiti.
       (3) The United Nations Stabilization Mission in Haiti 
     (MINUSTAH) remains a vital force in maintaining security and 
     stability for the Haitian people in the aftermath of the 
     earthquake.
       (4) United Nations Security Council Resolution 1908 
     (adopted January 19, 2010) endorsed the Secretary-General's 
     recommendation to increase the overall force levels of the 
     MINUSTAH to support the post-earthquake recovery, 
     reconstruction, and stability efforts in Haiti.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States should support a strengthened mandate 
     for the United Nations Stabilization Mission in Haiti 
     (MINUSTAH) to--
       (1) ensure that the MINUSTAH mandate enables the United 
     Nations Police, in coordination with the Haitian National 
     Police (HNP), to guarantee security in the internally 
     displaced people (IDP) camps in and around Port-au-Prince, 
     particularly for vulnerable women and children;
       (2) support the United Nations Secretary-General's request 
     for an increase in the size of the United Nations Police and 
     seek additional Creole-speakers and members of the Haitian 
     Diaspora to support a temporary surge in the police force 
     during this critical period;
       (3) continue to assist the Government of Haiti in reforming 
     and restructuring the HNP by supporting the monitoring, 
     mentoring, training, and vetting of police personnel and 
     strengthening HNP's institutional and operational capacities;
       (4) support the Government of Haiti's adoption and 
     implementation of a national resettlement policy to speed the 
     movement of the most vulnerable populations, both in Port-au-
     Prince and other areas, to transitional safe housing and 
     other community-based resettlement solutions; and
       (5) coordinate with the Government of Haiti and the other 
     United Nations agencies operating in Haiti to achieve the 
     goals of the mission, including the conduct of national and 
     municipal elections.
                                 ______
                                 
  SA 4244. Mr. BINGAMAN (for himself, Mr. Udall of Colorado, Mr. 
Johnson, Mr. Bennet, and Mr. Baucus) 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 8, between lines 8 and 9, insert the following:

                             Forest Service

                         national forest system

       For an additional amount for ``National Forest System'', 
     for the protection of public health and safety through the 
     removal of hazard trees killed by bark beetles, $60,000,000, 
     to remain available until expended: Provided, That any of the 
     funds made available under this heading may be transferred by 
     the Secretary of Agriculture to the ``Capital Improvement and 
     Maintenance'' account to carry out the purposes of the matter 
     under this heading.

       On page 77, between lines 7 and 8, insert the following:

                         National Park Service

                 operation of the national park system

       For an additional amount for ``Operation of the National 
     Park System'', for the protection of public health and safety 
     through the removal of hazard trees killed by bark beetles, 
     $10,000,000, to remain available until expended.
                                 ______
                                 
  SA 4245. Mr. LEAHY 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 58, line 19, after the period insert the following:
       (c). Of the funds appropriated in this chapter and in prior 
     acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Diplomatic and Consular Programs'' and ``Embassy Security, 
     Construction, and Maintenance'' for Afghanistan, Pakistan and 
     Iraq, up to $300,000,000 may, after consultation with the 
     Committees on Appropriations,

[[Page S4450]]

     be transferred between, and merged with, such appropriations 
     for activities related to security for civilian led 
     operations in such countries.
                                 ______
                                 
  SA 4246. Mr. LEAHY 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 69, strike lines 4 through 8.
                                 ______
                                 
  SA 4247. Mr. LEAHY 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 70, after line 19, add the following:


technical correction regarding iran sanctions restrictions relating to 
                           export-import bank

       Sec. 1019. Section 7043(b)(1) of the Department of State, 
     Foreign Operations, and Related Agencies Appropriations Act, 
     2010 (division F of Public Law 111-117; 123 Stat. 3370), is 
     amended by striking ``for any project controlled by an energy 
     producer or refiner that continues to'' and inserting ``for 
     any energy project of an energy company unless such company 
     has certified that it does not''.
                                 ______
                                 
  SA 4248. Mr. LEAHY 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 56, between lines 17 and 18, insert the following:
       (g)(1) Notwithstanding section 303 of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 253) and 
     requirements for awarding task orders under task and delivery 
     order contracts under section 303J of such Act (41 U.S.C. 
     253j), the Secretary of State may award task orders for 
     police training in Afghanistan under current Department of 
     State contracts for police training.
       (2) Any task order awarded under paragraph (1) shall be for 
     a limited term and shall remain in performance only until a 
     successor contract or contracts awarded by the Department of 
     Defense using full and open competition have entered into 
     full performance after completion of any start-up or 
     transition periods.
                                 ______
                                 
  SA 4249. Mr. LEAHY 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 55, line 20, strike ``and'' and all that follows 
     through ``such commissions; and'' and insert the following: 
     ``has no members or other employees who participated in, or 
     helped to cover up, acts of fraud in the 2009 elections for 
     president in Afghanistan, and the Electoral Complaints 
     Commission is a genuinely independent body with all the 
     authorities that were invested in it under Afghanistan law as 
     of December 31, 2009, and with no members appointed by the 
     President of Afghanistan; and''.
                                 ______
                                 
  SA 4250. Mr. McCAIN 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 6 of title I, add the following:


            southwest border emergency communications grants

       Sec. 608.  (a) Southwest Border Emergency Communications 
     Grants.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Governor of Arizona, shall establish a 
     2-year grant program, to be administered by the State of 
     Arizona, to improve emergency communications along the Tucson 
     Sector border and the Yuma Sector border.
       (2) Eligibility for grants.--An individual is eligible to 
     receive a grant under this subsection if the individual 
     demonstrates that he or she--
       (A) regularly resides or works near the Tucson Sector 
     border or the Yuma Sector border;
       (B) is at greater risk of border violence due to the lack 
     of cellular service at his or her residence or business and 
     his or her proximity to such border.
       (3) Use of grants.--Grants awarded under this subsection 
     may be used to purchase satellite telephone communications 
     systems and service that--
       (A) can provide access to 911 service; and
       (B) are equipped with global positioning systems.
       (4) Annual reports.--The Governor of Arizona shall submit 
     an annual report to the Secretary on activities carried out 
     with grant funds awarded under this subsection during the 
     previous year. Each such report shall include a description 
     of such activities and an assessment of the effectiveness of 
     such activities.
       (b) Interoperable Communications for Law Enforcement.--
       (1) Federal law enforcement.--The Department of Justice 
     shall use funds transferred to the Department under 
     subsection (d)--
       (A) to purchase P-25 compliant radios, which may include a 
     multi-band option, for Federal law enforcement agents working 
     in Arizona in support of the activities of United States 
     Customs and Border Protection and United States Immigration 
     and Customs Enforcement, including agents of the Drug 
     Enforcement Administration and the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives; and
       (B) to upgrade the communications network of the Department 
     to ensure coverage and capacity, particularly when immediate 
     access is needed in times of crisis, along the Tucson Sector 
     border and the Yuma Sector border for appropriate law 
     enforcement personnel of the Department of Justice (including 
     the Drug Enforcement Administration and the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives), the Department of 
     Homeland Security (including United States Immigration and 
     Customs Enforcement and United States Customs and Border 
     Protection), other Federal agencies, the State of Arizona, 
     tribes, and local governments.
       (2) State and local law enforcement.--
       (A) In general.--The Department of Justice shall use funds 
     transferred to the Department under subsection (d) to 
     purchase P-25 compliant radios, which may include a multi-
     band option, for State and local law enforcement agents 
     working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, 
     or Graham County in the State of Arizona.
       (B) Access to federal spectrum.--If a State, tribal, or 
     local law enforcement agency in Arizona experiences an 
     emergency situation that necessitates immediate communication 
     with the Department of Justice, the Department of Homeland 
     Security, or any of their respective subagencies, such law 
     enforcement agency shall have access to the spectrum assigned 
     to such Federal agency for the duration of such emergency 
     situation.
       (c) Definitions.--In this section:
       (1) Tucson sector border.--The term ``Tucson Sector 
     border'' means the 262-mile section of international border 
     between the United States and Mexico that--
       (A) begins in Yuma County, Arizona; and
       (B) ends at the State boundary line between Arizona and New 
     Mexico.
       (2) Yuma sector border.--The term ``Yuma Sector border'' 
     means the 110-mile section of international border between 
     the United States and Mexico that--
       (A) begins in Pima County, Arizona; and
       (B) ends at the State boundary line between Arizona and 
     California.
       (d) Funding.--
       (1) In general.--The amount appropriated or otherwise made 
     available by this chapter is hereby increased by $73,000,000, 
     with the amount of the increase to be available until 
     expended for purposes of carrying out this section, including 
     the transfer by the Secretary of Homeland Security of 
     $35,000,000 to the Attorney General for purposes of 
     subsection (b)(1) and the transfer by the Secretary of 
     $35,000,000 to the Attorney General for purposes of 
     subsection (b)(2).
       (2) Offset.--Of the amounts appropriated or otherwise made 
     available by the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) that remain available for obligation 
     as of the date of the enactment of this Act, $73,000,000 are 
     hereby rescinded.
                                 ______
                                 
  SA 4251. Mr. MERKLEY (for himself, Mrs. Feinstein, Mrs. Boxer, and 
Mr. Wyden) 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 27, line 7, strike ``$173,000,000'' and insert 
     ``$163,000,000''.
       On page 28, between lines 3 and 4, insert the following:

     SEC. 4__. EMERGENCY DROUGHT RELIEF.

       For an additional amount for ``Water and Related 
     Resources'', $10,000,000, for drought emergency assistance: 
     Provided, That financial assistance may be provided under the 
     Reclamation States Emergency Drought Relief Act of 1991 (43 
     U.S.C. 2201 et seq.) and any other applicable Federal law 
     (including regulations) for the optimization and conservation 
     of project water supplies to assist drought-plagued areas of 
     the West: Provided further, That the amount provided under 
     this heading shall be provided on a nonreimbursable basis.
                                 ______
                                 
  SA 4252. Mr. VITTER 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,

[[Page S4451]]

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

       At the end of the amendment, insert the following:

     SEC. ___. NEW REVENUES TO THE OIL SPILL LIABILITY TRUST FUND.

       The revenue resulting from any increase in the Oil Spill 
     Liability Trust Fund financing rate under section 4611 of the 
     Internal Revenue Code of 1986 shall--
       (1) not be counted for purposes of offsetting revenues, 
     receipts, or discretionary spending under the Congressional 
     Budget Act of 1974 or the Statutory Pay-As-You-Go Act of 
     2010; and
       (2) shall only be used for the purposes of the Oil Spill 
     Liability Trust Fund.
                                 ______
                                 
  SA 4253. Ms. COLLINS (for herself, Mr. Alexander, Mr. Bond, Mr. 
Voinovich, Mr. Inhofe, Ms. Snowe, Mr. Begich, Mr. Thune, Mr. Coburn, 
Mr. Gregg, Ms. Murkowski, Mr. Corker, Mr. Barrasso, and Mr. Brown of 
Massachusetts) 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; as follows:

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


                   prohibition on fines and liability

       Sec. 20__. None of the funds made available by this Act 
     shall be used to levy against any person any fine, or to hold 
     any person liable for construction or renovation work 
     performed by the person, in any State under the final rule 
     entitled ``Lead; Renovation, Repair, and Painting Program; 
     Lead Hazard Information Pamphlet; Notice of Availability; 
     Final Rule'' (73 Fed. Reg. 21692 (April 22, 2008)), and the 
     final rule entitled ``Lead; Amendment to the Opt-out and 
     Recordkeeping Provisions in the Renovation, Repair, and 
     Painting Program'' signed by the Administrator on April 22, 
     2010.
                                 ______
                                 
  SA 4254. Mr. NELSON of Florida 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 line 23 and 24, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING HAITI.

       (a) Findings.--The Senate makes the following findings:
       (1) A stable and democratic Republic of Haiti is in the 
     long-term national security interest of the United States.
       (2) The United States is committed to helping Haiti achieve 
     long-term stability, through a commitment of long-term 
     reconstruction and rehabilitation assistance following the 
     January 12, 2010 earthquake in Haiti.
       (3) The United Nations Stabilization Mission in Haiti 
     (MINUSTAH) remains a vital force in maintaining security and 
     stability for the Haitian people in the aftermath of the 
     earthquake.
       (4) United Nations Security Council Resolution 1908 
     (adopted January 19, 2010) endorsed the Secretary-General's 
     recommendation to increase the overall force levels of the 
     MINUSTAH to support the post-earthquake recovery, 
     reconstruction, and stability efforts in Haiti.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States should support a strengthened mandate 
     for the United Nations Stabilization Mission in Haiti 
     (MINUSTAH) to--
       (1) ensure that the MINUSTAH mandate enables the United 
     Nations Police to support the Haitian National Police (HNP) 
     in their efforts to guarantee security in the internally 
     displaced people (IDP) camps in and around Port-au-Prince, 
     particularly for vulnerable women and children;
       (2) support the United Nations Secretary-General's request 
     for an increase in the size of the United Nations Police and 
     seek additional Creole-speakers and members of the Haitian 
     Diaspora to support a temporary surge in the police force 
     during this critical period;
       (3) continue to assist the Government of Haiti in reforming 
     and restructuring the HNP by supporting the monitoring, 
     mentoring, training, and vetting of police personnel and 
     strengthening HNP's institutional and operational capacities;
       (4) support the Government of Haiti's adoption and 
     implementation of a national resettlement policy to speed the 
     movement of the most vulnerable populations, both in Port-au-
     Prince and other areas, to transitional safe housing and 
     other community-based resettlement solutions; and
       (5) coordinate with the Government of Haiti and the other 
     United Nations agencies operating in Haiti to achieve the 
     goals of the mission, including the conduct of national and 
     municipal elections.
                                 ______
                                 
  SA 4255. Mr. ISAKSON (for himself and Mr. Chambliss) 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. 3009.  Of the amounts appropriated for the Edward 
     Byrne Memorial Justice Assistance Grant Program under subpart 
     1 of part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3750 et seq.) under the 
     heading ``state and local law enforcement assistance'' under 
     the heading ``Office of Justice Programs'' under the heading 
     ``State and Local Law Enforcement Activities'' under title II 
     of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 
     123 Stat. 579), at the discretion of the Attorney General, 
     the amounts to be made available to the Marcus Institute, 
     Atlanta, Georgia, to provide remediation for the potential 
     consequences of childhood abuse and neglect, pursuant to the 
     joint statement of managers accompanying that Act, may be 
     made available to the Georgia State University Center for 
     Healthy Development, Atlanta, Georgia.
                                 ______
                                 
  SA 4256. Ms. KLOBUCHAR 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:

       At the appropriate place, insert the following:

     SEC. ------. AMENDMENT OF TRAVEL PROMOTION ACT OF 2009.

       (a) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) 
     is amended--
       (1) by striking ``6 months'' in clause (i) and inserting 
     ``12 months''; and
       (2) by striking ``subsection (d) of section 11 of the 
     Travel Promotion Act of 2009.'' in clause (ii) and inserting 
     ``subsection (d) of the Travel Promotion Act of 2009 (22 
     U.S.C. 2131(d)).''; and
       (3) by striking ``September 30, 2014.'' in clause (iii) and 
     inserting ``September 30, 2015.''.
       (b) Implementation Beginning in Fiscal Year 2011.--
     Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. 
     2131(d)) is amended--
       (1) by striking ``fiscal year 2010,'' in paragraph (2)(A) 
     and inserting ``fiscal year 2011,'';
       (2) by striking ``January 1, 2010,'' in paragraph (2)(A) 
     and inserting ``January 1, 2011,'':
       (3) by striking ``fiscal years 2011 through 2014,'' in 
     paragraph (2)(B) and inserting ``fiscal years 2012 through 
     2015,'';
       (4) by striking ``fiscal year 2010,'' in paragraph (3)(A) 
     and inserting ``fiscal year 2011,'';
       (5) by striking ``fiscal year 2011,'' each place it appears 
     in paragraph (3)(A) and inserting ``fiscal year 2012,''; and
       (6) by striking ``fiscal year 2010, 2011, 2012, 2013, or 
     2014'' in paragraph (4)(B) and inserting ``fiscal year 2011, 
     2012, 2013, 2014, or 2015''.
       (c) Program audits.--Subsection (b)(8)(D) of the Travel 
     Promotion Act of 2009 (22 U.S.C. 2131(b)(8)(D)) is amended by 
     striking ``2 years after the date of enactment of this 
     section,'' and inserting ``3 years after the date of 
     enactment of the Travel Promotion Act of 2009,''.
       (d) Research Program.--Section 203(b) of the International 
     Travel Act of 1961 (22 U.S.C. 2123a(b)) is amended by 
     striking ``2010 through 2014'' and inserting ``2010 through 
     2015''.
       (e) Correction of Cross-reference.--Section 202(c)(1) of 
     the International Travel Act of 1961 (22 U.S.C. 2123(c)(1)) 
     is amended by striking ``subsection (b) of section 11 of the 
     Travel Promotion Act of 2009'' and inserting ``subsection (b) 
     of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b))''.
                                 ______
                                 
   SA 4257. Mr. BOND 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 36, between lines 2 and 3, insert the following:
       Sec. 608. (a) Not later than 10 days after the date of the 
     enactment of this Act, and on an on-going basis thereafter, 
     the Director of National Intelligence shall provide to the 
     congressional intelligence committees each intelligence 
     report of an interrogation or debriefing related to the 
     investigation of the bombing attempt that occurred in the 
     Times Square area of New York City on May 1, 2010, including 
     each intelligence information report related to such attempt 
     disseminated by the Federal Bureau of Investigation.
       (b) In this section, the term ``congressional intelligence 
     committees'' means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
                                 ______
                                 
   SA 4258. Mr. BOND (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the

[[Page S4452]]

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 22 and 23, insert the following:


                assessments on guantanamo bay detainees

       Sec. 3008.  (a) Submission of Information Related to 
     Disposition Decisions.--Not later than 45 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence, in coordination with the participants of the 
     interagency review of Guantanamo Bay detainees conducted 
     pursuant to Executive Order 13492 (10 U.S.C. 801 note), shall 
     fully inform the congressional intelligence committees 
     concerning the basis for the disposition decisions reached by 
     the Guantanamo Review Task Force, and shall provide to the 
     congressional intelligence committees--
       (1) the written threat analyses prepared on each detainee 
     by the Guantanamo Review Task Force established pursuant to 
     Executive Order 13492;
       (2) all threat assessments of detainees who were reviewed 
     by the Guantanamo Review Task Force made prior to the 
     decision to release or transfer such detainee that were 
     prepared by any element of the intelligence community during 
     or prior to the existence of the Guantanamo Review Task 
     Force; and
       (3) access to the intelligence information that formed the 
     basis of any such specific assessments or threat analyses.
       (b) Future Submissions.--In addition to the analyses, 
     assessments, and information required under subsection (a) 
     and not later than 10 days after the date that a threat 
     assessment described in subsection (a) is disseminated, the 
     Director of National Intelligence shall provide to the 
     congressional intelligence committees--
       (1) any new threat assessment prepared by any element of 
     the intelligence community of a Guantanamo Bay detainee who 
     remains in detention or is pending release or transfer; and
       (2) access to the intelligence information that formed the 
     basis of such threat assessment.
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     has the meaning given that term in section 3(7) of the 
     National Security Act of 1947 (50 U.S.C. 401a(7)).
                                 ______
                                 
  SA 4259. Mr. BOND (for himself and Mr. Coburn) 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 22 and 23, insert the following:


                assessments on guantanamo bay detainees

       Sec. 3008.  (a) Submission of Information Related to 
     Disposition Decisions.--Not later than 45 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence, in coordination with the participants of the 
     interagency review of Guantanamo Bay detainees conducted 
     pursuant to Executive Order 13492 (10 U.S.C. 801 note), shall 
     fully inform the congressional intelligence committees 
     concerning the basis for the disposition decisions reached by 
     the Guantanamo Review Task Force, and shall provide to the 
     congressional intelligence committees--
       (1) the written threat analyses prepared on each detainee 
     by the Guantanamo Review Task Force established pursuant to 
     Executive Order 13492; and
       (2) access to the intelligence information that formed the 
     basis of any such specific assessments or threat analyses.
       (b) Future Submissions.--In addition to the analyses, 
     assessments, and information required under subsection (a) 
     and not later than 10 days after the date that a threat 
     assessment described in subsection (a) is disseminated, the 
     Director of National Intelligence shall provide to the 
     congressional intelligence committees--
       (1) any new threat assessment prepared by any element of 
     the intelligence community of a Guantanamo Bay detainee who 
     remains in detention or is pending release or transfer; and
       (2) access to the intelligence information that formed the 
     basis of such threat assessment.
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     has the meaning given that term in section 3(7) of the 
     National Security Act of 1947 (50 U.S.C. 401a(7)).
                                 ______
                                 
  SA 4260. Mr. LUGAR 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:

       Beginning on page 66, line 24, strike ``activities'' and 
     all that follows through ``notwithstanding'' on page 67, line 
     2, and insert ``projects that engage scientists and engineers 
     who have no weapons background, but whose competence could 
     otherwise be applied to weapons development, provided such 
     projects are executed through existing science and technology 
     centers and notwithstanding''.
                                 ______
                                 
   SA 4261. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 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:

       After section 3007 of the bill, insert the following:

     SEC. 3008. AUTHORITY TO PURCHASE FFEL LOANS.

       (a) In General.--Section 459A of the Higher Education Act 
     of 1965 (20 U.S.C. 1087i-1) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the heading, by striking ``; determination 
     required'';
       (ii) by striking ``Upon a determination by the Secretary 
     that there is an inadequate availability of loan capital to 
     meet the demand for loans under sections 428, 428B, or 428H, 
     whether as a result of inadequate liquidity for such loans or 
     for other reasons, the'' and inserting ``The'';
       (iii) by inserting ``428C,'' after ``428B,'';
       (iv) by striking ``on or after October 1, 2003, and'';
       (v) by striking ``terms as the Secretary, the Secretary of 
     the Treasury, and the Director of the Office of Management 
     and Budget jointly'' and inserting ``terms as the Secretary 
     and the Secretary of the Treasury jointly''; and
       (vi) by striking ``as determined jointly by the Secretary, 
     the Secretary of the Treasury, and the Director of the Office 
     of Management and Budget.'' and inserting ``as determined 
     jointly by the Secretary and the Secretary of the 
     Treasury.''; and
       (B) in paragraph (2)--
       (i) by striking ``The Secretary, the Secretary of the 
     Treasury, and the Director of the Office of Management and 
     Budget,'' and inserting ``The Secretary and the Secretary of 
     the Treasury'';
       (ii) in subparagraph (B)--

       (I) by inserting ``428C,'' after ``428B,'';
       (II) by striking ``the Secretary, the Secretary of the 
     Treasury, and the Director of the Office of Management and 
     Budget,'' and inserting ``the Secretary and the Secretary of 
     the Treasury''; and
       (III) by striking ``and'' after the semicolon;

       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) sets forth that the loans available for purchase may 
     be included in the Department of Education's Asset-Backed 
     Commercial Paper Conduit program.'';
       (2) in subsection (b), by inserting ``before July 1, 2010'' 
     after ``under subsection (a)'';
       (3) in subsection (f), by striking ``2010'' and inserting 
     ``2015''; and
       (4) by adding at the end the following:
       ``(g) Funds for Federal Pell Grants.--The proceeds to the 
     Federal Government from the sale of loans pursuant to this 
     section--
       ``(1) under section 428C that is conducted before July 1, 
     2010, shall be used to carry out subpart 1 of part A; and
       ``(2) under sections 428, 428B, 428C, or 428H that is 
     conducted on or after July 1, 2010, shall be used to carry 
     out subpart 1 of part A.''.
       (b) Emergency Designation.--Unless otherwise specified, 
     each amount in this section, or an amendment made by this 
     section, is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
   SA 4262. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 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. __. (a) For an additional amount for ``Salaries and 
     Expenses'' of U.S. Customs and Border Protection, 
     $12,000,000, to remain available until September 30, 2011, to 
     hire, equip, and train unmanned aircraft systems pilots and 
     support personnel.
       (b) For an additional amount for ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement'' for 
     U.S. Customs and Border Protection, $66,000,000, to remain 
     available until expended, to procure 3 unmanned aircraft 
     systems and supporting equipment.
       (c) Of the unobligated balance of the amount appropriated 
     under the heading ``border security fencing, infrastructure, 
     and technology'' under the heading ``U.S. Customs and Border 
     Protection'' in title II of the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83; 123 
     Stat. 2145), $78,000,000 are rescinded in order to offset the 
     amounts appropriated by subsections (a) and (b).

[[Page S4453]]

                                 ______
                                 
   SA 4263. Mr. LEAHY 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 77, between lines 16 and 17, insert the following:
       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $15,000,000, to remain available 
     until September 30, 2011, for the Criminal Division, Civil 
     Division, and Tax Division of the Department of Justice for 
     investigations, prosecutions, and civil or other proceedings 
     relating to fraud and abuse in connection with any Federal 
     assistance program, financial institution, mortgage lending 
     business, or health care benefit program: Provided, That the 
     amount made available under this heading is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010. 

               salaries and expenses, antitrust division

        For an additional amount for ``Salaries and Expenses, 
     Antitrust Division'', $5,000,000, to remain available until 
     September 30, 2011, for the Antitrust Division of the 
     Department of Justice for investigations, prosecutions, and 
     civil or other proceedings relating to fraud and abuse in 
     connection with any Federal assistance program, financial 
     institution, mortgage lending business, or health care 
     benefit program: Provided, That the amount made available 
     under this heading is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010. 

             salaries and expenses, united states attorneys

        For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $5,000,000, to remain available 
     until September 30, 2011, for the Offices of the United 
     States Attorneys for investigations, prosecutions, and civil 
     or other proceedings relating to fraud and abuse in 
     connection with any Federal assistance program, financial 
     institution, mortgage lending business, or health care 
     benefit program: Provided, That the amount made available 
     under this heading is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010. 

                    Federal Bureau of Investigation

                         salaries and expenses

        For an additional amount for ``Salaries and Expenses'', 
     $40,000,000, to remain available until September 30, 2011, 
     for the Federal Bureau of Investigation for investigations, 
     prosecutions, and civil or other proceedings relating to 
     fraud and abuse in connection with any Federal assistance 
     program, financial institution, mortgage lending business, or 
     health care benefit program: Provided, That the amount made 
     available under this heading is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010. 

                       Office of Justice Programs

               state and local law enforcement assistance

        For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $225,000,000, to remain available 
     until September 30, 2011: Provided, That the amount made 
     available under this heading is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010:  Provided further, That, of the amount made 
     available under this heading--
       (1) $100,000,000 is for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized under subpart 1 of 
     part E of title I of the Omnibus Crime Control and Safe 
     Streets Acts of 1968 (in this Act referred to as the ``1968 
     Act'') (42 U.S.C. 3750 et seq.), except that section 1001(c) 
     and the special rules for Puerto Rico under section 505(g) of 
     the 1968 Act (42 U.S.C. 3793(c) and 3755(g)) shall not apply 
     for purposes of this Act;
       (2) $100,000,000 is for competitive, peer-reviewed grants 
     to programs that prevent crime, improve the administration of 
     justice, or assist victims of crime; and
       (3) $25,000,000 is for assistance to law enforcement in 
     rural States and rural areas, to prevent and combat crime, 
     especially drug-related crime.

                  community oriented policing services

        For an additional amount for ``Community Oriented Policing 
     Services'', $210,000,000, to remain available until September 
     30, 2011: Provided, That the amount made available under this 
     heading is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010:  
     Provided further, That, of the amount made available under 
     this heading--
       (1) $200,000,000 is for grants under section 1701 of title 
     I of the 1968 Act (42 U.S.C. 3796dd) for purposes described 
     in part Q of such title, notwithstanding subsection (i) of 
     such section 1701; and
       (2) $10,000,000 is for the matching grant program for law 
     enforcement armor vests authorized under section 2501 of 
     title I of the 1968 Act (42 U.S.C. 3796ll). 
                                 ______
                                 
  SA 4264. Ms. MURKOWSKI 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:

             TITLE IV--DEEPWATER HORIZON CLAIMS RESOLUTION

     SEC. 4001. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the oil spill resulting from the Deepwater Horizon 
     incident has caused major economic damage to the residents of 
     the States bordering the Gulf of Mexico;
       (2) the limits on strict liability imposed by the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) will be 
     exceeded by the claims resulting from the Deepwater Horizon 
     incident; and
       (3) while the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
     seq.) places no restrictions on liability for damages from 
     the accident under State law, litigation of such cases may 
     take decades, and consume in litigation expenses funds that 
     could otherwise be used to quickly and efficiently compensate 
     the citizens of the Gulf States for damages resulting from 
     the Deepwater Horizon incident.
       (b) Purpose.--The purpose of this title is to create a fair 
     and efficient system for the payment of legitimate present 
     and future claims for damages resulting from the Deepwater 
     Horizon incident.

     SEC. 4002. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the Advisory Committee on Deepwater Horizon 
     Compensation established under section 4105(a).
       (3) Claim.--The term ``claim'' means any claim, based on 
     any theory, allegation, or cause of action, for damages 
     presented in a civil action or bankruptcy proceeding, 
     directly, indirectly, or derivatively arising out of, based 
     on, or related to, in whole or in part, the effects of the 
     Deepwater Horizon incident.
       (4) Claimant.--The term ``claimant'' means a person or 
     State who files a claim under section 4203.
       (5) Civil action.--
       (A) In general.--The term ``civil action'' means a civil 
     action filed in Federal or State court, whether cognizable as 
     a case at law, in equity, or in admiralty.
       (B) Exclusion.--The term ``civil action'' does not include 
     an action relating to any workers' compensation law.
       (6) Collateral source compensation.--The term ``collateral 
     source compensation'' means the compensation that a claimant 
     received, or is entitled to receive, from a responsible party 
     as a result of a final judgment, settlement, or other payment 
     for damages that are the source of a claim under section 
     4203, including payments made under the Oil Pollution Act of 
     1990 (33 U.S.C. 2701 et seq.).
       (7) Compensation program.--The term ``compensation 
     program'' means the compensation program established under 
     this title.
       (8) Damages.--The term ``damages'' means damages specified 
     in section 4301(b), including the cost of assessing those 
     damages.
       (9) Deepwater horizon incident.--The term ``Deepwater 
     Horizon incident'' means the blowout and explosion of the 
     Deepwater Horizon oil rig that occurred on April 20, 2010, 
     and resulting hydrocarbon releases into the environment.
       (10) Department.--The term ``Department'' means the 
     Department of the Interior.
       (11) Fund.--The term ``Fund'' means the Oil Spill Liability 
     Trust Fund established by section 9509 of the Internal 
     Revenue Code of 1986.
       (12) Law.--The term ``law'' includes all law, judicial or 
     administrative decisions, rules, regulations, or any other 
     principle or action having the effect of law.
       (13) Office.--The term ``Office'' means the Office of 
     Deepwater Horizon Claims Compensation established under 
     section 4101.
       (14) Parties.--The term ``parties'' means, with respect to 
     an individual claim, the claimant and the responsible party.
       (15) Person.--
       (A) In general.--The term ``person'' means an individual, 
     trust, firm, joint stock company, partnership, association, 
     insurance company, reinsurance company, or corporation.
       (B) Exclusions.--The term ``person'' does not include--
       (i) the United States;
       (ii) a State; or
       (iii) a political subdivision of a State.
       (16) Responsible party.--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)) for the Deepwater 
     Horizon incident.
       (17) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

[[Page S4454]]

       (18) State.--The term ``State'' means
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.
       (19) Successor in interest.--The term ``successor in 
     interest'' means any person that acquires assets, and 
     substantially continues the business operations, of a 
     responsible party, considering factors that include--
       (A) retention of the same facilities or location;
       (B) retention of the same employees;
       (C) maintaining the same job under the same working 
     conditions;
       (D) retention of the same supervisory personnel;
       (E) continuity of assets;
       (F) production of the same product or offer of the same 
     service;
       (G) retention of the same name;
       (H) maintenance of the same customer base;
       (I) identity of stocks, stockholders, and directors between 
     the asset seller and the purchaser; or
       (J) whether the successor holds itself out as continuation 
     of previous enterprise, but expressly does not include 
     whether the person actually knew of the liability of the 
     responsible party under this title.

      Subtitle A--Office of Deepwater Horizon Claims Compensation

     SEC. 4101. ESTABLISHMENT OF OFFICE OF DEEPWATER HORIZON 
                   CLAIMS COMPENSATION.

       (a) In General.--
       (1) Establishment.--There is established within the 
     Department the Office of Deepwater Horizon Claims 
     Compensation, which shall be headed by the Administrator.
       (2) Purpose.--The purpose of the Office shall be to provide 
     timely, fair compensation, under the terms specified in this 
     title, on a no-fault basis and in a nonadversarial manner, to 
     persons and State or local governments that have incurred 
     damages as a result of the Deepwater Horizon incident.
       (3) Termination of the office.--The Office shall terminate 
     effective not later than 1 year following the date of 
     certification by the Administrator that the Fund has neither 
     paid a claim in the previous 1-year period nor has debt 
     obligations remaining to pay.
       (4) Expenses.--The Fund shall be available to the Secretary 
     for expenditure, without further appropriation and without 
     fiscal year limitation, as necessary for any and all expenses 
     associated with the Office, including--
       (A) personnel salaries and expenses, including retirement 
     and similar benefits; and
       (B) all administrative and legal expenses.
       (b) Appointment of Administrator.--
       (1) In general.--The Administrator of the Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (2) Term.--The term of the Administrator shall be 5 years.
       (3) Reporting.--The Administrator shall report directly to 
     the Assistant Secretary for Policy, Management, and Budget of 
     the Department.
       (c) Duties of Administrator.--
       (1) In general.--The Administrator shall be responsible 
     for--
       (A) processing claims for compensation for damages to 
     eligible claimants in accordance with the criteria and 
     procedures established under subtitle B;
       (B) appointing or contracting for the services of such 
     personnel, making such expenditures, and taking any other 
     actions as may be necessary to carry out the responsibilities 
     of the Office, including entering into cooperative agreements 
     with other Federal or State agencies and entering into 
     contracts with nongovernmental entities;
       (C) conducting such audits and additional oversight as 
     necessary to assure the integrity of the compensation 
     program;
       (D) promulgating such rules, regulations, and procedures as 
     may be necessary to carry out this title;
       (E) making such expenditures as may be necessary in 
     carrying out this title;
       (F) excluding evidence and disqualifying or debarring any 
     attorney or other individual or entity who provide evidence 
     in support of the application of the claimant for 
     compensation if the Administrator determines that materially 
     false, fraudulent, or fictitious statements or practices have 
     been submitted or engaged in by the individual or entity; and
       (G) having all other powers incidental, necessary, or 
     appropriate to carrying out the functions of the Office.
       (2) Certain enforcement.--
       (A) False statements.--For each infraction described in 
     paragraph (1)(F), the Administrator may impose a civil 
     penalty not to exceed $10,000 on any individual or entity 
     found to have submitted or engaged in a materially false, 
     fraudulent, or fictitious statement or practice under this 
     title.
       (B) Other powers.--The Administrator shall issue 
     appropriate regulations to carry out paragraph (1)(G).
       (d) Audit and Personnel Review Procedures.--The 
     Administrator shall establish audit and personnel review 
     procedures for evaluating the accuracy of eligibility 
     recommendations of agency and contract personnel.

     SEC. 4102. CLAIMANT ASSISTANCE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall establish a 
     comprehensive claimant assistance program--
       (1) to publicize and provide information to potential 
     claimants about--
       (A) the availability of benefits for eligible claimants 
     under this title; and
       (B) the procedures for filing claims and for obtaining 
     assistance in filing claims;
       (2) to provide assistance to potential claimants in 
     preparing and submitting claims, including assistance in 
     obtaining the documentation necessary to support a claim;
       (3) to respond to inquiries from claimants and potential 
     claimants;
       (4) to provide training with respect to the applicable 
     procedures for the preparation and filing of claims to 
     persons who provide assistance or representation to 
     claimants, including nonprofit organizations and State and 
     local government entities; and
       (5) to provide for the establishment of a website on which 
     claimants may access all relevant forms and information.
       (b) Resource Centers.--
       (1) In general.--The claimant assistance program shall 
     provide for the establishment of resource centers in areas in 
     which there are determined to be large concentrations of 
     potential claimants.
       (2) Location.--The centers shall be located, to the maximum 
     extent practicable, in facilities of the Department or other 
     Federal agencies.
       (c) Attorney's Fees.--
       (1) In general.--Notwithstanding any other provision of 
     law, the representative of an individual may not receive, for 
     services rendered in connection with the claim of an 
     individual under this title, more than 5 percent of a final 
     award made (whether by the Administrator initially or as a 
     result of administrative review) on the claim.
       (2) Penalty.--Any representative of a claimant who violates 
     this subsection shall be fined not more than the greater of--
       (A) $5,000; or
       (B) twice the amount received by the representative for 
     services rendered in connection with each violation.

     SEC. 4103. COMPENSATION PROGRAM STARTUP.

       (a) Interim Regulations.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall issue 
     interim regulations and procedures for the processing of 
     claims under this title.
       (b) Interim Personnel.--
       (1) In general.--The Secretary and the Assistant Secretary 
     for Policy, Management, and Budget of the Department may make 
     available to the Administrator on a temporary basis such 
     personnel and other resources as may be necessary to 
     facilitate the expeditious startup of the compensation 
     program.
       (2) Contracts.--The Administrator may contract with 
     individuals or entities having relevant experience to assist 
     in the expeditious startup of the compensation program.
       (c) Extreme Financial Hardship Claims.--In the final 
     regulations promulgated under section 4101(c), the 
     Administrator shall designate categories of claims to be 
     handled on an expedited basis as a result of extreme 
     financial hardship.
       (d) Interim Administrator.--Until an Administrator is 
     appointed and confirmed under section 4101(b), the 
     responsibilities of the Administrator under this title shall 
     be performed by the Assistant Secretary for Policy, 
     Management, and Budget of the Department, who shall have all 
     the authority conferred by this title on the Administrator 
     and who shall be considered to be the Administrator for 
     purposes of this title.
       (e) Stay of Claims; Return to Tort System.--
       (1) Stay of claims.--
       (A) Pending actions.--Notwithstanding any other provision 
     of this title, any claim for damages pending in any Federal 
     or State court for monetary damages related to the Deepwater 
     Horizon incident as of the date of enactment of this Act 
     shall be subject to a stay.
       (B) Future actions.--Notwithstanding any other provision of 
     this title, any claim for damages filed in any Federal or 
     State court for monetary damages related to the Deepwater 
     Horizon incident after the date of enactment of this Act 
     shall be subject to a stay 60 days after the date of the 
     filing of the claim, unless the claimant has filed an 
     election to pursue the claim for damages in the Federal or 
     State court under paragraph (2).
       (2) Claims.--To be eligible for a claim, any person or 
     State that has filed a timely claim seeking a judgment or 
     order for monetary damages related to the Deepwater Horizon 
     incident in any Federal or State court before, on, or after 
     the date of enactment of this Act, shall file with the 
     Administrator and serve on all defendants in the pending 
     court action an election to pursue the claim for damages 
     under this title or continue to pursue the claim in the 
     Federal or State court--
       (A) not later than 60 days after the date of enactment of 
     this Act, if the claim was filed in a Federal or State court 
     before the date of enactment of this Act; and
       (B) not later than 60 days after the date of the filing of 
     the claim, if the claim is filed in a Federal or State court 
     on or after the date of enactment of this Act.

[[Page S4455]]

       (3) Stay.--Until the claimant files an election under 
     paragraph (2) to continue to pursue the claim in the Federal 
     or State court, the stay under paragraph (1) shall remain in 
     effect.
       (4) Effect of election.--
       (A) In general.--Any claimant that has elected to pursue a 
     claim for damages in Federal or State court under paragraph 
     (2) shall not be eligible for an award for those damages 
     under section 4301.
       (B) Stay of claim.--Any claimant that has been awarded 
     damages for a claim under section 4301 shall not be eligible 
     for an award of damages for the same claim in Federal or 
     State court.
       (5) Effect of operational or nonoperational fund.--
       (A) Reinstatement of claims.--If, after 270 days after the 
     date of enactment of this Act, the Administrator cannot 
     certify to Congress that the Office is operational and paying 
     claims at a reasonable rate, each person or State that has 
     filed a claim stayed under this subsection may continue the 
     claims of the person or State in the court in which the case 
     was pending prior to the stay.
       (B) Operational office.--If the Administrator subsequently 
     certifies to Congress that the Office has become operational 
     and paying all valid claims at a reasonable rate, any claim 
     in a civil action in Federal or State court that is not 
     actually on trial before a jury that has been impaneled and 
     presentation of evidence has commenced, but before 
     deliberation, or before a judge and is at the presentation of 
     evidence, may, at the option of the claimant, be considered a 
     reinstated claim before the Administrator and the civil 
     action before the Federal or State court shall be null and 
     void.
       (C) Nonoperational office.--Notwithstanding any other 
     provision of this title, if the Administrator certifies to 
     Congress that the Office cannot become operational and paying 
     all valid claims at a reasonable rate, all claims that have a 
     stay may be filed or reinstated.

     SEC. 4104. AUTHORITY OF ADMINISTRATOR.

       On any matter within the jurisdiction of the Administrator 
     under this title, the Administrator may--
       (1) issue subpoenas for and compel the attendance of 
     witnesses within a radius of 200 miles;
       (2) administer oaths;
       (3) examine witnesses;
       (4) require the production of books, papers, documents, and 
     other potential evidence; and
       (5) request assistance from other Federal agencies with the 
     performance of the duties of the Administrator under this 
     title.

     SEC. 4105. ADVISORY COMMITTEE ON DEEPWATER HORIZON 
                   COMPENSATION.

       (a) Establishment.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall establish an 
     Advisory Committee on Deepwater Horizon Compensation.
       (2) Composition and appointment.--
       (A) In general.--The Advisory Committee shall be composed 
     of 24 members, appointed in accordance with this paragraph.
       (B) Legislative appointments.--
       (i) In general.--The Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, and the Minority Leader of the House of 
     Representatives shall each appoint 4 members to the Advisory 
     Committee.
       (ii) Representation.--Of the 4 members appointed by each 
     Member under clause (i)--

       (I) 2 members shall represent the interests of claimants; 
     and
       (II) 2 members shall represent the interests of responsible 
     parties.

       (C) Appointments by administrator.--The Administrator shall 
     appoint 8 members to the Advisory Committee, who shall be 
     individuals with qualifications and expertise relevant to the 
     compensation program, including experience or expertise in 
     marine or coastal ecology, oil spill remediation, fisheries 
     management, administering compensation programs, or audits.
       (b) Duties.--The Advisory Committee shall advise the 
     Administrator on--
       (1) claims filing and claims processing procedures;
       (2) claimant assistance programs;
       (3) audit procedures and programs to ensure the quality and 
     integrity of the compensation program;
       (4) analyses or research that should be conducted to 
     evaluate past claims and to project future claims under the 
     compensation program; and
       (5) such other matters related to the implementation of 
     this title as the Administrator considers appropriate.
       (c) Operation of Committee.--
       (1) Term.--The term of a member of the Advisory Committee 
     shall be 3 years.
       (2) Chairperson and vice chairperson.--The Administrator 
     shall designate a Chairperson and Vice Chairperson of the 
     Advisory Committee from among the members appointed under 
     subsection (a)(2)(C).
       (3) Meetings.--The Advisory Committee shall meet--
       (A) at the call of the Chairperson or a majority of the 
     members of the Advisory Committee; and
       (B) at least--
       (i) 4 times per year during the first 3 years of the 
     compensation program; and
       (ii) 2 times per year thereafter.
       (4) Information.--
       (A) In general.--The Administrator shall provide to the 
     Advisory Committee such information as is necessary and 
     appropriate for the Advisory Committee to carry out this 
     section.
       (B) Other agencies.--
       (i) In general.--On request of the Advisory Committee, the 
     Administrator may secure directly from any Federal, State, or 
     local department or agency such information as may be 
     necessary to enable the Advisory Committee to carry out this 
     section.
       (ii) Provision of information.--On request of the 
     Administrator, the head of the department or agency described 
     in clause (i) shall furnish such information to the Advisory 
     Committee.
       (5) Administrative support.--The Administrator shall 
     provide the Advisory Committee with such administrative 
     support as is reasonably necessary to enable the Advisory 
     Committee to carry out this section.
       (d) Expenses.--A member of the Advisory Committee, other 
     than a full-time Federal employee, while attending a meeting 
     of the Advisory Committee or while otherwise serving at the 
     request of the Administrator, and while serving away from the 
     home or regular place of business of the member, shall be 
     allowed travel and meal expenses, including per diem in lieu 
     of subsistence, as authorized by section 5703 of title 5, 
     United States Code, for individuals in the Federal Government 
     serving without pay.

         Subtitle B--Deepwater Horizon Compensation Procedures

     SEC. 4201. ESSENTIAL ELEMENTS OF ELIGIBLE CLAIM.

       To be eligible for an award under this title for damages, a 
     claimant shall--
       (1) file a claim in a timely manner in accordance with 
     section 4203; and
       (2) prove, by a preponderance of the evidence, that the 
     claimant has suffered damages as a result of the Deepwater 
     Horizon incident.

     SEC. 4202. GENERAL RULE CONCERNING NO-FAULT COMPENSATION.

       To be eligible for an award under this title for damages, a 
     claimant shall not be required to demonstrate that the 
     damages for which the claim is being made resulted from the 
     negligence or other fault of any other person.

     SEC. 4203. FILING OF CLAIMS.

       (a) Eligible Claimants.--
       (1) In general.--Any person or State that has suffered 
     damage as a result of the Deepwater Horizon incident may file 
     a claim with the Office for an award with respect to the 
     damage.
       (2) Limitation.--A claim may not be filed by any person or 
     State under this title for contribution or indemnity.
       (b) Statute of Limitations.--Except as otherwise provided 
     in this subsection, if a person or State fails to file a 
     claim with the Office under this section during the 5-year 
     period beginning on the date on which the person or State 
     first discovered facts that would have led a reasonable 
     person to conclude that damage had occurred, any claim 
     relating to the damage, and any other claim related to that 
     damage, shall be extinguished, and any recovery on the damage 
     shall be prohibited.
       (c) Future Claims Not Precluded.--Filing of a claim under 
     subsection (a) shall not preclude the filing of additional 
     claims for damages arising from the Deepwater Horizon 
     incident that are manifest at a later date.
       (d) Required Information.--A claim filed under subsection 
     (a) shall be in such form, and contain such information in 
     such detail, as the Administrator shall by regulation 
     prescribe.
       (e) Date of Filing.--A claim shall be considered to be 
     filed on the date that the claimant mails the claim to the 
     Office, as determined by postmark, or on the date that the 
     claim is received by the Office, whichever is the earliest 
     determinable date.
       (f) Incomplete Claims.--
       (1) In general.--If a claim filed under subsection (a) is 
     incomplete, the Administrator shall notify the claimant of 
     the information necessary to complete the claim and inform 
     the claimant of such services as may be available through the 
     claimant assistance program established under section 4102 to 
     assist the claimant in completing the claim.
       (2) Time periods.--
       (A) In general.--Except as provided in subparagraph (B), 
     any time period for the processing of the claim shall be 
     suspended until such time as the claimant submits the 
     information necessary to complete the claim.
       (B) Deadline.--If the information described in subparagraph 
     (A) is not received during the 1-year period beginning on the 
     date of the notification, the claim shall be dismissed.

     SEC. 4204. ELIGIBILITY DETERMINATIONS AND CLAIM AWARDS.

       (a) In General.--
       (1) Review of claims.--The Administrator shall, in 
     accordance with this section, determine whether each claim 
     filed satisfies the requirements for eligibility for an award 
     under this title and, if so, the value of the award.
       (2) Factors.--In making a determination under paragraph 
     (1), the Administrator shall consider--
       (A) the claim presented by the claimant;
       (B) the factual evidence submitted by the claimant in 
     support of the claim; and
       (C) the results of such investigation as the Administrator 
     may consider necessary to determine whether the claim 
     satisfies the criteria for eligibility established by this 
     title.
       (3) Additional evidence.--

[[Page S4456]]

       (A) In general.--The Administrator may request the 
     submission of evidence in addition to the minimum 
     requirements of section 4203 if necessary to make a 
     determination of eligibility for an award.
       (B) Cost.--If the Administrator requests additional 
     evidence under subparagraph (A), the cost of obtaining the 
     additional evidence shall be borne by the Office.
       (b) Proposed Decisions.--
       (1) In general.--Not later than 90 days after the date of 
     the filing of a claim, the Administrator shall provide to the 
     parties a proposed decision--
       (A) accepting or rejecting the claim in whole or in part; 
     and
       (B) specifying the amount of any proposed award.
       (2) Form.--The proposed decision shall--
       (A) be in writing;
       (B) contain findings of fact and conclusions of law; and
       (C) contain an explanation of the procedure for obtaining 
     review of the proposed decision.
       (c) Review of Proposed Decisions.--
       (1) Right to hearing.--
       (A) In general.--Any party not satisfied with a proposed 
     decision of the Administrator under subsection (b) shall be 
     entitled, on written request made not later than 90 days 
     after the date of the issuance of the decision, to a hearing 
     on the claim of the claimant before a representative of the 
     Administrator.
       (B) Testimony.--At the hearing, the party shall be entitled 
     to present oral evidence and written testimony in further 
     support of the claim.
       (C) Conduct of hearing.--
       (i) In general.--The hearing shall, to the maximum extent 
     practicable, be conducted at a time and place convenient for 
     the claimant.
       (ii) Administration.--Except as otherwise provided in this 
     title, in conducting the hearing, the representative of the 
     Administrator shall conduct the hearing in a manner that best 
     determines the rights of the parties and shall not be bound 
     by--

       (I) common law or statutory rules of evidence;
       (II) technical or formal rules of procedure; or
       (III) section 554 of title 5, United States Code.

       (iii) Evidence.--For purposes of clause (ii), the 
     representative of the Administrator shall receive such 
     relevant evidence as the claimant adduces and such other 
     evidence as the representative determines necessary or useful 
     in evaluating the claim.
       (D) Request for subpoenas.--
       (i) In general.--Subject to clause (iv), a party may 
     request a representative of the Administrator to issue a 
     subpoena but the decision to grant or deny the request is 
     within the discretion of the representative.
       (ii) Subpoenas.--Subject to clause (iii), the 
     representative may issue subpoenas for--

       (I) the attendance and testimony of witnesses; and
       (II) the production of books, records, correspondence, 
     papers, or other relevant documents.

       (iii) Prerequisites.--Subpoenas may be issued for documents 
     under this subparagraph only if --

       (I) in the case of documents, the documents are relevant 
     and cannot be obtained by other means; and
       (II) in the case of witnesses, oral testimony is the best 
     way to ascertain the facts.

       (iv) Request.--

       (I) Hearing process.--A party may request a subpoena under 
     this subparagraph only as part of the hearing process.
       (II) Form.--To request a subpoena, the requester shall--

       (aa) submit the request in writing and send the to the 
     representative as early as practicable, but not later than 30 
     days, after the date of the original hearing request; and
       (bb) explain why the testimony or evidence is directly 
     relevant to the issues at hand, and a subpoena is the best 
     method or opportunity to obtain the evidence because there 
     are no other means by which the documents or testimony could 
     have been obtained.
       (v) Fees and mileage.--

       (I) In general.--Any person required by a subpoena to 
     attend as a witness shall be allowed and paid the same fees 
     and mileage as are paid witnesses in the district courts of 
     the United States.
       (II) Fund.--The fees and mileage shall be paid from the 
     Fund.

       (2) Review of written record.--
       (A) In general.--Instead of a hearing under paragraph (1), 
     any party not satisfied with a proposed decision of the 
     Administrator shall have the option, on written request made 
     not later than 90 days after the date of the issuance of the 
     decision, of obtaining a review of the written record by a 
     representative of the Administrator.
       (B) Opportunity to be heard.--If a review is requested 
     under subparagraph (A), the parties shall be afforded an 
     opportunity to submit any written evidence or argument that 
     the claimant believes relevant.
       (d) Final Decisions.--
       (1) In general.--If the period of time for requesting 
     review of the proposed decision expires and no request has 
     been filed, or if the parties waive any objections to the 
     proposed decision, the Administrator shall issue a final 
     decision.
       (2) Variance from proposed decision.--If the decision 
     materially differs from the proposed decision, the parties 
     shall be entitled to review of the decision under subsection 
     (c).
       (3) Timing.--If the parties request review of all or part 
     of the proposed decision the Administrator shall issue a 
     final decision on the claim not later than--
       (A) 180 days after the date the request for review is 
     received, if a party requests a hearing; or
       (B) 90 days after the date the request for review is 
     received, if the claimant requests review of the written 
     record.
       (4) Content.--The decision shall be in writing and contain 
     findings of fact and conclusions of law.
       (e) Representation.--A party may authorize an attorney or 
     other individual to represent the party in any proceeding 
     under this title.

                           Subtitle C--Awards

     SEC. 4301. AMOUNT.

       (a) In General.--A claimant that meets the requirements of 
     section 4201 shall be entitled to an award in an amount equal 
     to the damages specified in subsection (b) sustained as a 
     result of Deepwater Horizon incident.
       (b) Covered Damages.--For purposes of subsection (a), 
     covered damages shall be 1 or more of the following types of 
     damages (if applicable):
       (1) Real or personal property.--Damages for injury to, or 
     economic losses resulting from destruction of, real or 
     personal property, which shall be recoverable by a claimant 
     who owns or leases that property.
       (2) Subsistence use.--Damages for loss of subsistence use 
     of natural resources, which shall be recoverable by any 
     claimant who so uses natural resources that have been 
     injured, destroyed, or lost, without regard to the ownership 
     or management of the resources.
       (3) Revenues.--Damages equal to the net loss of taxes, 
     royalties, rents, fees, or net profit shares due to the 
     injury, destruction, or loss of real property, personal 
     property, or natural resources, which shall be recoverable by 
     a State or a political subdivision of a State.
       (4) Profits and earning capacity.--Damages equal to the 
     loss of profits or impairment of earning capacity due to the 
     injury, destruction, or loss of real property, personal 
     property, or natural resources, which shall be recoverable by 
     any claimant.
       (5) Public services.--Damages for net costs of providing 
     increased or additional public services during or after 
     removal activities, including protection from fire, safety, 
     or health hazards, caused by a discharge of oil, which shall 
     be recoverable by a State or a political subdivision of a 
     State.

     SEC. 4302. PAYMENT.

       (a) Payments.--Not later than 30 days after a final 
     determination of an award under this title, a claimant that 
     is entitled to an award under this title shall receive the 
     amount of the award through payments from the responsible 
     parties.
       (b) Limitation on Transferability.--A claim filed under 
     this title shall not be assignable or otherwise transferable 
     under this title.

     SEC. 4303. SETOFFS FOR COLLATERAL SOURCE COMPENSATION AND 
                   PRIOR AWARDS.

       The amount of an award otherwise available to a claimant 
     under this title shall be reduced by the amount of collateral 
     source compensation.

     SEC. 4304. SUBROGATION.

       Any person that pays compensation pursuant to this title to 
     any claimant for damages shall be subrogated to all rights, 
     claims, and causes of action the claimant has under any other 
     law.

                      Subtitle D--Judicial Review

     SEC. 4401. JUDICIAL REVIEW OF RULES AND REGULATIONS.

       (a) Exclusive Jurisdiction.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     exclusive jurisdiction over any action to review rules or 
     regulations promulgated by the Administrator under this 
     title.
       (b) Period for Filing Petition.--A petition for review 
     under this section shall be filed not later than 60 days 
     after the date notice of the promulgation of the rules or 
     regulations appears in the Federal Register.
       (c) Expedited Procedures.--The United States Court of 
     Appeals for the District of Columbia shall provide for 
     expedited procedures for reviews under this section.

     SEC. 4402. JUDICIAL REVIEW OF AWARD DECISIONS.

       (a) In General.--Any claimant or responsible party 
     adversely affected or aggrieved by a final decision of the 
     Administrator awarding or denying compensation under this 
     title may petition for judicial review of the decision.
       (b) Period for Filing Petition.--Any petition for review 
     under this section shall be filed not later than 90 days 
     after the date of issuance of a final decision of the 
     Administrator.
       (c) Exclusive Jurisdiction.--A petition for review may only 
     be filed in the United States Court of Appeals for the 
     circuit in which the claimant resides at the time of the 
     issuance of the final order.
       (d) Standard of Review.--The court shall uphold the 
     decision of the Administrator unless the court determines, on 
     review of the record as a whole, that the decision is not 
     supported by substantial evidence, is contrary to law, or is 
     not in accordance with procedure required by law.
       (e) Expedited Procedures.--The United States Court of 
     Appeals shall provide for expedited procedures for reviews 
     under this section.

[[Page S4457]]

     SEC. 4403. OTHER JUDICIAL CHALLENGES.

       (a) Exclusive Jurisdiction.--The United States District 
     Court for the District of Columbia shall have exclusive 
     jurisdiction over any action for declaratory or injunctive 
     relief challenging any provision of this title.
       (b) Period for Filing Petitions.--An action under this 
     section shall be filed not later than the later of--
       (1) the date that is 60 days after the date of enactment of 
     this Act; or
       (2) the date that is 60 days after the final action by the 
     Administrator or the Office giving rise to the action.
       (c) Direct Appeal.--
       (1) In general.--A final decision in the action shall be 
     reviewable on appeal directly to the Supreme Court.
       (2) Administration.--The appeal shall be taken by the 
     filing of a notice of appeal not later than 30 days, and the 
     filing of a jurisdictional statement not later than 60 days, 
     after the date of the entry of the final decision.
       (d) Expedited Procedures.--It is the sense of Congress that 
     the Supreme Court and the United States District Court for 
     the District of Columbia are urged to advance on the docket 
     and otherwise expedite, to the maximum extent practicable, 
     the disposition of an action covered by this section.

                    Subtitle E--Effect on Other Laws

     SEC. 4501. EFFECT ON OTHER LAWS.

       This title shall supersede any Federal or State law to the 
     extent that the law relates to any claim for damages 
     compensated under this title.
                                 ______
                                 
  SA 4265. Mr. HATCH 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 22 and 23, insert the following:


prohibition on fraudulent representation of military service to obtain 
                      employment or other benefits

       Sec. 3008.  (a) Criminal Offense.--Section 704 of title 18, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c) Fraudulent Representation of Military Service.--
     Whoever knowingly makes a fraudulent statement or 
     representation, verbally or in writing, regarding the 
     person's record of military service in the United States 
     Armed Forces, including, but not limited to, participation in 
     combat operations, for the purposes of gaining recognition, 
     honorarium, official office, or other position of authority, 
     employment or other benefit or object of value as a result of 
     the statement, shall be fined under this title, imprisoned 
     not more than six months, or both.''.
       (b) Conforming Amendments.--
       (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 704. Military medal or decorations; military 
       service''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 33 of such title is amended by striking 
     the item relating to section 704 and inserting the following 
     new item:

       ``704. Military medal or decorations; military service.''.
                                 ______
                                 
  SA 4266. Mr. BINGAMAN (for himself and Ms. Murkowski) 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, line 2, strike ``and (3)'' and insert ``(3) may 
     use, without further appropriation, amounts from the Oil 
     Spill Liability Trust Fund in the event of a spill of 
     national significance for administrative and personnel costs 
     to process claims (including the costs of commercial claims 
     processing, expert services, and technical services); and 
     (4)''.
                                 ______
                                 
  SA 4267. Mr. BINGAMAN (for himself, Ms. Murkowski, and Mrs. Shaheen) 
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 30, between lines 6 and 7, insert the following:
       Sec. 4__. (a) Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost of the guarantee has 
     been made;
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the guarantee and deposited 
     the payment into the Treasury; or
       ``(C) a combination of appropriations under subparagraph 
     (A) or payments from the borrower under subparagraph (B) has 
     been made that is sufficient to cover the cost of the 
     guarantee.
       ``(2) Limitation.--The source of payments received from a 
     borrower under subparagraph (B) or (C) of paragraph (1) shall 
     not be a loan or other debt obligation that is made or 
     guaranteed by the Federal Government.''; and
       (2) by adding at the end the following:
       ``(l) Credit Report.--If, in the opinion of the Secretary, 
     a third-party credit rating of the applicant or project is 
     not relevant to the determination of the credit risk of a 
     project, if the project costs are not projected to exceed 
     $100,000,000, and the applicant agrees to accept the credit 
     rating assigned to the applicant by the Secretary, the 
     Secretary may waive any otherwise applicable requirement 
     (including any requirement described in part 609 of title 10, 
     Code of Federal Regulations) to provide a third-party credit 
     report.
       ``(m) Direct Hire Authority.--
       ``(1) In general.--Notwithstanding sections 3304 and 
     sections 3309 through 3318 of title 5, United States Code, 
     the head of the loan guarantee program under this title 
     (referred to in this subsection as the `Executive Director') 
     may, on a determination that there is a severe shortage of 
     candidates or a severe hiring need for particular positions 
     to carry out the functions of this title, recruit and 
     directly appoint highly qualified critical personnel with 
     specialized knowledge important to the function of the 
     programs under this title into the competitive service.
       ``(2) Exception.--The authority granted under paragraph (1) 
     shall not apply to positions in the excepted service or the 
     Senior Executive Service.
       ``(3) Requirements.--In exercising the authority granted 
     under paragraph (1), the Executive Director shall ensure that 
     any action taken by the Executive Director--
       ``(A) is consistent with the merit principles of section 
     2301 of title 5, United States Code; and
       ``(B) complies with the public notice requirements of 
     section 3327 of title 5, United States Code.
       ``(4) Sunset.--The authority provided under paragraph (1) 
     shall terminate on September 30, 2011.
       ``(n) Professional Advisors.--The Secretary may--
       ``(1) retain agents and legal and other professional 
     advisors in connection with guarantees and related activities 
     authorized under this title;
       ``(2) require applicants for and recipients of loan 
     guarantees to pay all fees and expenses of the agents and 
     advisors; and
       ``(3) notwithstanding any other provision of law, select 
     such advisors in such manner and using such procedures as the 
     Secretary determines to be appropriate to protect the 
     interests of the United States and achieve the purposes of 
     this title.
       ``(o) Multiple Sites.--Notwithstanding any contrary 
     requirement (including any provision under part 609.12 of 
     title 10, Code of Federal Regulations) an eligible project 
     may be located on 2 or more non-contiguous sites in the 
     United States.''.
       (b) Section 1705 of the Energy Policy Act of 2005 (42 
     U.S.C. 16516) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Multiple Applications.--Notwithstanding any contrary 
     requirement (including any provision under part 609.3(a) of 
     title 10, Code of Federal Regulations), a project applicant 
     or sponsor of an eligible project may submit an application 
     for more than 1 eligible project under this section.''.
       (c) Section 1705(a) of the Energy Policy Act of 2005 (42 
     U.S.C. 16516(a)) is amended by adding at the end the 
     following:
       ``(4) Energy efficiency projects, including projects to 
     retrofit residential, commercial, and industrial buildings, 
     facilities, and equipment.''.
       (d) Section 136 of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17013) is amended--
       (1) by striking subsection (f) and inserting the following:
       ``(f) Fees.--Except as otherwise permitted under subsection 
     (i), administrative costs shall be not more than $100,000 or 
     10 basis points of the loan.'';
       (2) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (3) by inserting after subsection (h) the end the 
     following:
       ``(i) Professional Advisors.--The Secretary may--
       ``(1) retain agents and legal and other professional 
     advisors in connection with guarantees and related activities 
     authorized under this section;
       ``(2) require applicants for and recipients of loan 
     guarantees to pay directly, or through the payment of fees to 
     the Secretary, all fees and expenses of the agents and 
     advisors; and
       ``(3) notwithstanding any other provision of law, select 
     such advisors in such manner and using such procedures as the 
     Secretary determines to be appropriate to protect the 
     interests of the United States and achieve the purposes of 
     this section.''.
                                 ______
                                 
   SA 4268. Mr. BINGAMAN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by

[[Page S4458]]

him to the bill S. 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__.  Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by adding at the end the 
     following:
       ``(l) Deadline for OMB Review.--If the Secretary submits to 
     the Director of the Office of Management and Budget a loan 
     guarantee for review and comment, the Secretary may, taking 
     into consideration comments made by the Director, issue a 
     conditional commitment to enter into the loan guarantee at 
     least 30 days subsequent to the submittal, without further 
     approval from the Director.''.
                                 ______
                                 
  SA 4269. Ms. KLOBUCHAR (for herself, Mr. Dorgan, Mr. Ensign, Mr. 
Begich, and Mr. LeMieux) 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:

       At the appropriate place, insert the following:

     SEC. ------. AMENDMENT OF TRAVEL PROMOTION ACT OF 2009.

       (a) Travel Promotion Fund Fees.--Section 217(h)(3)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) 
     is amended--
       (1) by striking ``6 months'' in clause (i) and inserting 
     ``12 months''; and
       (2) by striking ``subsection (d) of section 11 of the 
     Travel Promotion Act of 2009.'' in clause (ii) and inserting 
     ``subsection (d) of the Travel Promotion Act of 2009 (22 
     U.S.C. 2131(d)).''; and
       (3) by striking ``September 30, 2014.'' in clause (iii) and 
     inserting ``September 30, 2015.''.
       (b) Implementation Beginning in Fiscal Year 2011.--
     Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C. 
     2131(d)) is amended--
       (1) by striking ``fiscal year 2010,'' in paragraph (2)(A) 
     and inserting ``fiscal year 2011,'';
       (2) by striking ``January 1, 2010,'' in paragraph (2)(A) 
     and inserting ``January 1, 2011,'':
       (3) by striking ``fiscal years 2011 through 2014,'' in 
     paragraph (2)(B) and inserting ``fiscal years 2012 through 
     2015,'';
       (4) by striking ``fiscal year 2010,'' in paragraph (3)(A) 
     and inserting ``fiscal year 2011,'';
       (5) by striking ``fiscal year 2011,'' each place it appears 
     in paragraph (3)(A) and inserting ``fiscal year 2012,''; and
       (6) by striking ``fiscal year 2010, 2011, 2012, 2013, or 
     2014'' in paragraph (4)(B) and inserting ``fiscal year 2011, 
     2012, 2013, 2014, or 2015''.
       (c) Program audits.--Subsection (b)(8)(D) of the Travel 
     Promotion Act of 2009 (22 U.S.C. 2131(b)(8)(D)) is amended by 
     striking ``2 years after the date of enactment of this 
     section,'' and inserting ``3 years after the date of 
     enactment of the Travel Promotion Act of 2009,''.
       (d) Research Program.--Section 203(b) of the International 
     Travel Act of 1961 (22 U.S.C. 2123a(b)) is amended by 
     striking ``2010 through 2014'' and inserting ``2010 through 
     2015''.
       (e) Correction of Cross-reference.--Section 202(c)(1) of 
     the International Travel Act of 1961 (22 U.S.C. 2123(c)(1)) 
     is amended by striking ``subsection (b) of section 11 of the 
     Travel Promotion Act of 2009'' and inserting ``subsection (b) 
     of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b))''.
                                 ______
                                 
   SA 4270. Mr. CARDIN submitted an amendment intended to be proposed 
by him to the bill S. 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. __. EXTENSION OF DEPENDENT COVERAGE UNDER FEHBP.

       (a) Provisions Relating to Age.--Chapter 89 of title 5, 
     United States Code, is amended--
       (1) in section 8901(5)--
       (A) in the matter before subparagraph (A), by striking ``22 
     years of age'' and inserting ``26 years of age''; and
       (B) in the matter after subparagraph (B), by striking ``age 
     22'' and inserting ``age 26''; and
       (2) in section 8905(c)(2)(B)--
       (A) in clause (i), by striking ``22 years of age'' and 
     inserting ``26 years of age''; and
       (B) in clause (ii), by striking ``age 22'' and inserting 
     ``age 26''.
       (b) Provisions Relating to Marital Status.--Chapter 89 of 
     title 5, United States Code, is further amended--
       (1) in section 8901(5) and subsections (b)(2)(A), 
     (c)(2)(B), (e)(1)(B), and (e)(2)(A) of section 8905a, by 
     striking ``an unmarried dependent'' each place it appears and 
     inserting ``a dependent''; and
       (2) in section 8905(c)(2)(B), by striking ``unmarried 
     dependent'' and inserting ``dependent''.
       (c) Effective Date.--The amendments made by this section 
     shall become effective as if included in the enactment of 
     section 1001 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), except that the Director of the 
     Office of Personnel Management may implement such amendments 
     for such periods before the effective date otherwise provided 
     in section 1004(a) of such Act as the Director may specify.
                                 ______
                                 
   SA 4271. Mr. CARDIN submitted an amendment intended to be proposed 
by him to the bill S. 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 or 
     any other law 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) the National Commission on the BP Deepwater Horizon Oil 
     Spill and Offshore Drilling established by Executive Order on 
     May 22, 2010 (referred to in this section as the 
     ``Commission''), has submitted a final public report to the 
     President in accordance with section 3(c) of that Executive 
     Order;
       (3) 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) and by 
     the Commission based on the final report described in 
     paragraph (2) have been fully implemented, as determined to 
     be appropriate by the President; and
       (4) the Secretary of the Interior has submitted a report 
     that describes the changes implemented under paragraph (3) 
     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 4272. Mr. ROCKEFELLER 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 14, strike ``Code:'' and insert ``Code, 
     and $80,900,000 shall be available to the Secretary of 
     Transportation for a national advertising and enforcement 
     campaign against distracted driving, and for grants to States 
     to carry out enforcement against distracted driving:''.
                                 ______
                                 
  SA 4273. Mr. BURR 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 41, strike lines 10 through 24.
                                 ______
                                 
  SA 4274. Mr. BURR 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 41, strike line 14 and all that follows through 
     line 18 and insert the following:

     ``Medical Services'' account: Provided, That any amount 
     transferred from ``Construction, Major Projects'' shall be 
     derived from unobligated balances that are a direct result of 
     bid savings: Provided further, That such amounts are used to 
     provide assistance and support services to caregivers under 
     section 1720G of title 38, United States Code, and to carry 
     out the provisions of title I of the Caregivers and Veterans 
     Omnibus Health Services Act of 2010 (Public Law 111-163): 
     Provided further, That no amounts may be transferred from 
     amounts
                                 ______
                                 
  SA 4275. Mr. BURR 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 41, strike line 10 and all that follows through 
     line 22 and insert the following:
       Sec. 901. (a) Of the amounts made available to the 
     Department of Veterans Affairs under the ``Construction, 
     Major Projects'' account, in fiscal year 2010 or previous 
     fiscal years, the unobligated balances that are a direct 
     result of bid savings may be used by the Secretary of 
     Veterans Affairs for such major medical facility projects (as 
     defined under

[[Page S4459]]

     section 8104(a) of title 38, United States Code) that have 
     been authorized by law as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 4276. Mr. WICKER (for himself, Mr. Shelby, and Mr. LeMieux) 
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, add the following:

         DIVISION B--GULF OF MEXICO RESTORATION AND PROTECTION

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Gulf of Mexico 
     Restoration and Protection Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Gulf of Mexico is a valuable resource of national 
     and international importance, continuously serving the people 
     of the United States and other countries as an important 
     source of food, economic productivity, recreation, beauty, 
     and enjoyment;
       (2) over many years, the resource productivity and water 
     quality of the Gulf of Mexico and its watershed have been 
     diminished by point and nonpoint source pollution;
       (3) the United States should seek to attain the protection 
     and restoration of the Gulf of Mexico ecosystem as a 
     collaborative regional goal of the Gulf of Mexico Program; 
     and
       (4) the Administrator of the Environmental Protection 
     Agency, in consultation with other Federal agencies and State 
     and local authorities, should coordinate the effort to meet 
     those goals.
       (b) Purposes.--The purposes of this division are--
       (1) to expand and strengthen cooperative voluntary efforts 
     to restore and protect the Gulf of Mexico;
       (2) to expand Federal support for monitoring, management, 
     and restoration activities in the Gulf of Mexico and its 
     watershed;
       (3) to commit the United States to a comprehensive 
     cooperative program to achieve improved water quality in, and 
     improvements in the productivity of living resources of, the 
     Gulf of Mexico; and
       (4) to establish a Gulf of Mexico Program to serve as a 
     national and international model for the collaborative 
     management of large marine ecosystems.

     SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

       ``(a) Definitions.--In this section;
       ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico 
     ecosystem' means the ecosystem of the Gulf of Mexico and its 
     watershed.
       ``(2) Gulf of mexico executive council.--The term `Gulf of 
     Mexico Executive Council' means the formal collaborative 
     Federal, State, local, and private participants in the 
     Program.
       ``(3) Program.--The term `Program' means the Gulf of Mexico 
     Program established by the Administrator in 1988 as a 
     nonregulatory, inclusive partnership to provide a broad 
     geographic focus on the primary environmental issues 
     affecting the Gulf of Mexico.
       ``(4) Program office.--The term `Program Office' means the 
     office established by the Administrator to administer the 
     Program that is reestablished by subsection (b)(1)(A).
       ``(b) Continuation of Gulf of Mexico Program.--
       ``(1) Gulf of mexico program office.--
       ``(A) Reestablishment.--The Program Office established 
     before the date of enactment of this section by the 
     Administrator is reestablished as an office of the 
     Environmental Protection Agency.
       ``(B) Requirements.--The Program Office shall be--
       ``(i) headed by a Director who, by reason of management 
     experience and technical expertise relating to the Gulf of 
     Mexico, is highly qualified to direct the development of 
     plans and programs on a variety of Gulf of Mexico issues, as 
     determined by the Administrator; and
       ``(ii) located in a State all or a portion of the coastline 
     of which is on the Gulf of Mexico.
       ``(C) Functions.--The Program Office shall--
       ``(i) coordinate the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies--

       ``(I) to improve the water quality and living resources in 
     the Gulf of Mexico ecosystem; and
       ``(II) to obtain the support of appropriate officials;

       ``(ii) in cooperation with appropriate Federal, State, and 
     local authorities, assist in developing and implementing 
     specific action plans to carry out the Program;
       ``(iii) coordinate and implement priority State-led and 
     community-led restoration plans and projects, and facilitate 
     science, research, modeling, monitoring, data collection, and 
     other activities that support the Program through the 
     provision of grants under subsection (d);
       ``(iv) implement outreach programs for public information, 
     education, and participation to foster stewardship of the 
     resources of the Gulf of Mexico;
       ``(v) develop and make available, through publications, 
     technical assistance, and other appropriate means, 
     information pertaining to the environmental quality and 
     living resources of the Gulf of Mexico ecosystem;
       ``(vi) serve as the liaison with, and provide information 
     to, the Mexican members of the Gulf of Mexico States Accord 
     and Mexican counterparts of the Environmental Protection 
     Agency; and
       ``(vii) focus the efforts and resources of the Program 
     Office on activities that will result in measurable 
     improvements to water quality and living resources of the 
     Gulf of Mexico ecosystem.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into 1 or more interagency agreements with other Federal 
     agencies to carry out this section.
       ``(d) Grants.--
       ``(1) In general.--In accordance with the Program, the 
     Administrator, acting through the Program Office, may provide 
     grants to nonprofit organizations, State and local 
     governments, colleges, universities, interstate agencies, and 
     individuals to carry out this section for use in--
       ``(A) monitoring the water quality and living resources of 
     the Gulf of Mexico ecosystem;
       ``(B) researching the effects of natural and human-induced 
     environmental changes on the water quality and living 
     resources of the Gulf of Mexico ecosystem;
       ``(C) developing and executing cooperative strategies that 
     address the water quality and living resource needs in the 
     Gulf of Mexico ecosystem;
       ``(D) developing and implementing locally based protection 
     and restoration programs or projects within a watershed that 
     complement those strategies, including the creation, 
     restoration, protection, or enhancement of habitat associated 
     with the Gulf of Mexico ecosystem; and
       ``(E) eliminating or reducing nonpoint sources that 
     discharge pollutants that contaminate the Gulf of Mexico 
     ecosystem, including activities to eliminate leaking septic 
     systems and construct connections to local sewage systems.
       ``(2) Federal share.--The Federal share of the cost of any 
     project or activity carried out using a grant provided under 
     this section shall not exceed 75 percent, as determined by 
     the Administrator.
       ``(3) Administrative costs.--Administrative costs in the 
     form of salaries, overhead, or indirect costs for services 
     provided and charged against programs or projects carried out 
     using funds made available through a grant under this 
     subsection shall not exceed 15 percent of the amount of the 
     grant.
       ``(e) Reports.--
       ``(1) Annual report.--Not later than December 30, 2009, and 
     annually thereafter, the Director of the Program Office shall 
     submit to the Administrator and make available to the public 
     a report that describes--
       ``(A) each project and activity funded under this section 
     during the previous fiscal year;
       ``(B) the goals and objectives of those projects and 
     activities; and
       ``(C) the net benefits of projects and activities funded 
     under this section during previous fiscal years.
       ``(2) Assessment.--
       ``(A) In general.--Not later than April 30, 2011, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Gulf of Mexico Executive Council, shall complete an 
     assessment, and submit to Congress a comprehensive report on 
     the performance, of the Program.
       ``(B) Requirements.--The assessment and report described in 
     subparagraph (A) shall--
       ``(i) assess the overall state of the Gulf of Mexico 
     ecosystem;
       ``(ii) compare the current state of the Gulf of Mexico 
     ecosystem with a baseline assessment;
       ``(iii) include specific measures to assess any 
     improvements in water quality and living resources of the 
     Gulf of Mexico ecosystem;
       ``(iv) assess the effectiveness of the Program management 
     strategies being implemented, and the extent to which the 
     priority needs of the region are being met through that 
     implementation; and
       ``(v) make recommendations for the improved management of 
     the Program, including strengthening strategies being 
     implemented or adopting improved strategies.
       ``(f) Budget Item.--The Administrator, in the annual 
     submission to Congress of the budget of the Environmental 
     Protection Agency, shall include a funding line item request 
     for the Program Office as a separate budget line item.
       ``(g) Limitation on Regulatory Authority.--Nothing in this 
     section establishes any new legal or regulatory authority of 
     the Administrator other than the authority to provide grants 
     in accordance with this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, to 
     remain available until expended--
       ``(1) $10,000,000 for fiscal year 2010;
       ``(2) $15,000,000 for fiscal year 2011; and
       ``(3) $25,000,000 for each of fiscal years 2012 through 
     2014.''.
                                 ______
                                 
  SA 4277. Mr. WICKER (for himself, Mr. Shelby, and Mr. LeMieux) 
submitted an amendment intended to be

[[Page S4460]]

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, add the following:

         DIVISION B--GULF OF MEXICO RESTORATION AND PROTECTION

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Gulf of Mexico 
     Restoration and Protection Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Gulf of Mexico is a valuable resource of national 
     and international importance, continuously serving the people 
     of the United States and other countries as an important 
     source of food, economic productivity, recreation, beauty, 
     and enjoyment;
       (2) over many years, the resource productivity and water 
     quality of the Gulf of Mexico and its watershed have been 
     diminished by point and nonpoint source pollution;
       (3) the United States should seek to attain the protection 
     and restoration of the Gulf of Mexico ecosystem as a 
     collaborative regional goal of the Gulf of Mexico Program; 
     and
       (4) the Administrator of the Environmental Protection 
     Agency, in consultation with other Federal agencies and State 
     and local authorities, should coordinate the effort to meet 
     those goals.
       (b) Purposes.--The purposes of this division are--
       (1) to expand and strengthen cooperative voluntary efforts 
     to restore and protect the Gulf of Mexico;
       (2) to expand Federal support for monitoring, management, 
     and restoration activities in the Gulf of Mexico and its 
     watershed;
       (3) to commit the United States to a comprehensive 
     cooperative program to achieve improved water quality in, and 
     improvements in the productivity of living resources of, the 
     Gulf of Mexico; and
       (4) to establish a Gulf of Mexico Program to serve as a 
     national and international model for the collaborative 
     management of large marine ecosystems.

     SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

       ``(a) Definitions.--In this section;
       ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico 
     ecosystem' means the ecosystem of the Gulf of Mexico and its 
     watershed.
       ``(2) Gulf of mexico executive council.--The term `Gulf of 
     Mexico Executive Council' means the formal collaborative 
     Federal, State, local, and private participants in the 
     Program.
       ``(3) Program.--The term `Program' means the Gulf of Mexico 
     Program established by the Administrator in 1988 as a 
     nonregulatory, inclusive partnership to provide a broad 
     geographic focus on the primary environmental issues 
     affecting the Gulf of Mexico.
       ``(4) Program office.--The term `Program Office' means the 
     office established by the Administrator to administer the 
     Program that is reestablished by subsection (b)(1)(A).
       ``(b) Continuation of Gulf of Mexico Program.--
       ``(1) Gulf of mexico program office.--
       ``(A) Reestablishment.--The Program Office established 
     before the date of enactment of this section by the 
     Administrator is reestablished as an office of the 
     Environmental Protection Agency.
       ``(B) Requirements.--The Program Office shall be--
       ``(i) headed by a Director who, by reason of management 
     experience and technical expertise relating to the Gulf of 
     Mexico, is highly qualified to direct the development of 
     plans and programs on a variety of Gulf of Mexico issues, as 
     determined by the Administrator; and
       ``(ii) located in a State all or a portion of the coastline 
     of which is on the Gulf of Mexico.
       ``(C) Functions.--The Program Office shall--
       ``(i) coordinate the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies--

       ``(I) to improve the water quality and living resources in 
     the Gulf of Mexico ecosystem; and
       ``(II) to obtain the support of appropriate officials;

       ``(ii) in cooperation with appropriate Federal, State, and 
     local authorities, assist in developing and implementing 
     specific action plans to carry out the Program;
       ``(iii) coordinate and implement priority State-led and 
     community-led restoration plans and projects, and facilitate 
     science, research, modeling, monitoring, data collection, and 
     other activities that support the Program through the 
     provision of grants under subsection (d);
       ``(iv) implement outreach programs for public information, 
     education, and participation to foster stewardship of the 
     resources of the Gulf of Mexico;
       ``(v) develop and make available, through publications, 
     technical assistance, and other appropriate means, 
     information pertaining to the environmental quality and 
     living resources of the Gulf of Mexico ecosystem;
       ``(vi) serve as the liaison with, and provide information 
     to, the Mexican members of the Gulf of Mexico States Accord 
     and Mexican counterparts of the Environmental Protection 
     Agency; and
       ``(vii) focus the efforts and resources of the Program 
     Office on activities that will result in measurable 
     improvements to water quality and living resources of the 
     Gulf of Mexico ecosystem.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into 1 or more interagency agreements with other Federal 
     agencies to carry out this section.
       ``(d) Grants.--
       ``(1) In general.--In accordance with the Program, the 
     Administrator, acting through the Program Office, may provide 
     grants to nonprofit organizations, State and local 
     governments, colleges, universities, interstate agencies, and 
     individuals to carry out this section for use in--
       ``(A) monitoring the water quality and living resources of 
     the Gulf of Mexico ecosystem;
       ``(B) researching the effects of natural and human-induced 
     environmental changes on the water quality and living 
     resources of the Gulf of Mexico ecosystem;
       ``(C) developing and executing cooperative strategies that 
     address the water quality and living resource needs in the 
     Gulf of Mexico ecosystem;
       ``(D) developing and implementing locally based protection 
     and restoration programs or projects within a watershed that 
     complement those strategies, including the creation, 
     restoration, protection, or enhancement of habitat associated 
     with the Gulf of Mexico ecosystem; and
       ``(E) eliminating or reducing nonpoint sources that 
     discharge pollutants that contaminate the Gulf of Mexico 
     ecosystem, including activities to eliminate leaking septic 
     systems and construct connections to local sewage systems.
       ``(2) Federal share.--The Federal share of the cost of any 
     project or activity carried out using a grant provided under 
     this section shall not exceed 75 percent, as determined by 
     the Administrator.
       ``(3) Administrative costs.--Administrative costs in the 
     form of salaries, overhead, or indirect costs for services 
     provided and charged against programs or projects carried out 
     using funds made available through a grant under this 
     subsection shall not exceed 15 percent of the amount of the 
     grant.
       ``(e) Reports.--
       ``(1) Annual report.--Not later than December 30, 2009, and 
     annually thereafter, the Director of the Program Office shall 
     submit to the Administrator and make available to the public 
     a report that describes--
       ``(A) each project and activity funded under this section 
     during the previous fiscal year;
       ``(B) the goals and objectives of those projects and 
     activities; and
       ``(C) the net benefits of projects and activities funded 
     under this section during previous fiscal years.
       ``(2) Assessment.--
       ``(A) In general.--Not later than April 30, 2011, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Gulf of Mexico Executive Council, shall complete an 
     assessment, and submit to Congress a comprehensive report on 
     the performance, of the Program.
       ``(B) Requirements.--The assessment and report described in 
     subparagraph (A) shall--
       ``(i) assess the overall state of the Gulf of Mexico 
     ecosystem;
       ``(ii) compare the current state of the Gulf of Mexico 
     ecosystem with a baseline assessment;
       ``(iii) include specific measures to assess any 
     improvements in water quality and living resources of the 
     Gulf of Mexico ecosystem;
       ``(iv) assess the effectiveness of the Program management 
     strategies being implemented, and the extent to which the 
     priority needs of the region are being met through that 
     implementation; and
       ``(v) make recommendations for the improved management of 
     the Program, including strengthening strategies being 
     implemented or adopting improved strategies.
       ``(f) Budget Item.--The Administrator, in the annual 
     submission to Congress of the budget of the Environmental 
     Protection Agency, shall include a funding line item request 
     for the Program Office as a separate budget line item.
       ``(g) Limitation on Regulatory Authority.--Nothing in this 
     section establishes any new legal or regulatory authority of 
     the Administrator other than the authority to provide grants 
     in accordance with this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, to 
     remain available until expended--
       ``(1) $10,000,000 for fiscal year 2010;
       ``(2) $15,000,000 for fiscal year 2011; and
       ``(3) $25,000,000 for each of fiscal years 2012 through 
     2014.''.
                                 ______
                                 
  SA 4278. Mr. GRAHAM 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 78, between lines 7 and 8, insert the following:

[[Page S4461]]

                          DEPARTMENT OF ENERGY

        title xvii innovative technology loan guarantee program

       For the cost of guaranteed loans as authorized by section 
     1702(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
     16512(b)(2)) for nuclear power facilities, an additional 
     total principal amount of $9,000,000,000, to remain available 
     until expended: Provided, That amounts made available under 
     this heading shall be subject tosection 502 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a): Provided further, 
     That amounts made available under this heading shall be in 
     addition to the authority provided under section 20320 of the 
     Continuing Appropriations Act, 2007 (42 U.S.C. 16515): 
     Provided further,  That amounts made available under this 
     heading shall be derived from amounts received as payments 
     from borrowers under section 1702(b)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(b)(2)) and collected in 
     accordance with section 502(7) of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a(7)): Provided further,  That the 
     source of payment received from the borrowers shall not be 
     considered a loan or other debt obligation that is guaranteed 
     by the Federal Government: Provided further,  That, pursuant 
     to section 1702(b)(2) of the Energy Policy Act of 2005 (42 
     U.S.C. 16512(b)(2)), no amounts made available under this 
     heading shall be used to pay the subsidy cost of guarantees: 
     Provided further,  That none of the loan guarantee authority 
     made available under this heading shall be available for 
     commitments to guarantee loans for any projects for which 
     funds, personnel, or property (tangible or intangible) of any 
     Federal agency, instrumentality, personnel, or affiliated 
     entity are expected to be used (directly or indirectly) 
     through acquisitions, contracts, demonstrations, exchanges, 
     grants, incentives, leases, procurements, sales, other 
     transaction authority, or other arrangements, to support a 
     project or to obtain goods or services from the project: 
     Provided further,  That the previous proviso does not 
     preclude the use of the loan guarantee authority provided 
     under this heading for commitments to guarantee loans for 
     projects as a result of the projects benefitting from (1) 
     otherwise allowable Federal income tax benefits, (2) being 
     located on Federal land pursuant to a lease or right-of-way 
     agreement for which all consideration for all uses is (A) 
     paid exclusively in cash, (B) deposited in the Treasury as 
     offsetting receipts, and (C) equal to the fair market value 
     as determined by the head of the relevant Federal agency, (4) 
     Federal insurance programs, including section 170 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as 
     the ``Price-Anderson Act''), or (5) for electric generation 
     projects, use of transmission facilities owned or operated by 
     a Federal Power Marketing Administration or the Tennessee 
     Valley Authority that have been authorized, approved, and 
     financed independent of the project receiving the guarantee: 
     Provided further,  That none of the loan guarantee authority 
     made available under this heading shall be available for any 
     project unless the Director of the Office of Management and 
     Budget has certified in advance in writing that the loan 
     guarantee and the project comply with title XVII of the 
     Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.): Provided 
     further,  That, of the unobligated balances appropriated or 
     otherwise made available under division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 115) (other than under title X of division A of that 
     Act), $90,000,000 is rescinded.
                                 ______
                                 
  SA 4279. Mr. BINGAMAN (for himself, Mr. Udall of Colorado, Ms. 
Murkowski, and Mr. Bennet) 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 8, strike lines 9 through 25 and insert the 
     following:

                             Forest Service

                         national forest system

       For an additional amount for ``National Forest System'', 
     for the protection of public health and safety through the 
     removal of hazard trees killed by bark beetles, $50,000,000, 
     to remain available until expended: Provided, That any of the 
     funds made available under this heading may be transferred by 
     the Secretary of Agriculture to the ``Capital Improvement and 
     Maintenance'' account to carry out the purposes of the matter 
     under this heading: Provided further, That $8,000,000 of the 
     funds provided under this heading shall be transferred to the 
     National Park Service for ``Operation of the National Park 
     System'', to carry out the purposes of the matter under this 
     heading.

                      Foreign Agricultural Service

                     food for peace title ii grants

       For an additional amount for ``Food for Peace Title II 
     Grants'' for emergency relief and rehabilitation, and other 
     expenses related to Haiti following the earthquake of January 
     12, 2010, and for other disaster-response activities relating 
     to the earthquake, $150,000,000, to remain available until 
     expended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101.  None of the funds appropriated or made available 
     by this or any other Act shall be used to pay the salaries 
     and expenses of personnel to carry out a biomass crop 
     assistance program as authorized by section 9011 of Public 
     Law 107-171 in excess of $552,000,000 in fiscal year 2010, 
     $432,000,000 in fiscal year 2011, or $299,000,000 in fiscal 
     year 2012: Provided, That section 3002 shall not apply to the 
     amount under this section.
                                 ______
                                 
  SA 4280. Mr. SANDERS 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:


  public availability of contractor integrity and performance database

       Sec. 3008. Section 872(e)(1) of the Clean Contracting Act 
     of 2008 (subtitle G of title VIII of Public Law 110-417; 41 
     U.S.C. 417b(e)(1)) is amended by adding at the end the 
     following: ``In addition, the Administrator shall post all 
     such information, excluding past performance reviews, on a 
     publicly available Internet website.''.
                                 ______
                                 
  SA 4281. Mr. SANDERS 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:


  public availability of contractor integrity and performance database

       Sec. 3008. Section 872(e)(1) of the Clean Contracting Act 
     of 2008 (subtitle G of title VIII of Public Law 110-417; 41 
     U.S.C. 417b(e)(1)) is amended by striking ``and, upon 
     request'' and all that follows through the period at the end 
     and inserting ``and to all members of Congress. In addition, 
     the Administrator shall post all such information, excluding 
     past performance reviews, on a publicly available Internet 
     website.''.
                                 ______
                                 
  SA 4282. Mr. PRYOR (for himself, Mrs. Lincoln, Mr. Vitter, Mr. 
Brownback, and Mr. Cochran) 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:

                       TITLE IV--FLOOD INSURANCE

     SEC. 4001. BASE FLOOD ELEVATION DETERMINATION APPEAL PERIOD.

       (a) In General.--Notwithstanding any other provision of 
     law, the appeal period for any base flood elevation 
     determination or any determination of an area having special 
     flood hazards shall be 90 days unless an extended appeal 
     period is requested by a party affected by such 
     determination, in which case the appeal period shall be 120 
     days.
       (b) Reentry of Appeals.--Effective for the 90-day period 
     beginning on the date of enactment of this Act, any community 
     whose Flood Insurance Rate Maps were revised, updated, or 
     otherwise altered after September 30, 2008, pursuant to the 
     Flood Map Modernization Program established under section 
     1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
     4101) shall be permitted to re-enter an appeal of such 
     revision, update, or alteration and such appeal shall be 
     subject to the time limitations established under subsection 
     (a).

     SEC. 4002. ECONOMIC IMPACT OF PRELIMINARY BASE FLOOD 
                   ELEVATION DETERMINATIONS AND PRELIMINARY FLOOD 
                   INSURANCE RATE MAPS.

       For purposes of section 605(b) of title 5, United States 
     Code, the issuance by the Administrator of the Federal 
     Emergency Management Agency of a proposed modified base flood 
     elevation, proposed area having special flood hazards, 
     preliminary flood insurance study, or preliminary Flood 
     Insurance Rate Maps shall be deemed to have a significant 
     economic impact on a substantial number of small entities.

     SEC. 4003. ESTABLISHMENT OF A BASE FLOOD ELEVATION 
                   DETERMINATION AND SPECIAL FLOOD HAZARD AREA 
                   DETERMINATION ARBITRATION PANEL.

       (a) Establishment.--As allowed under section 1307(e) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4104), and 
     notwithstanding any other provision of law, not later than 90 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Emergency Management Agency 
     shall establish an arbitration panel--
       (1) to efficiently and clearly resolve disputes between 
     communities and the Federal Government regarding the Flood 
     Map Modernization Program; and
       (2) to expedite the general acceptance of technically 
     accurate base flood elevation determinations as reflected in 
     Flood Insurance Rate Maps.
       (b) Arbitration Panel.--
       (1) Membership.--The arbitration panel established under 
     subsection (a) shall be comprised of 5 members.

[[Page S4462]]

       (2) Required qualifications.--
       (A) Economic and administrative expertise.--At least 1 
     member of the arbitration panel established under subsection 
     (a) shall have expertise in each of the following fields:
       (i) Community economic development.
       (ii) Administrative law.
       (B) Water resources expertise.--At least 3 members of the 
     arbitration panel established under subsection (a) shall have 
     technical expertise in water resources and other related 
     scientific disciplines.
       (3) No fema employees.--No member of the arbitration panel 
     established under subsection (a) shall be an employee of the 
     Federal Emergency Management Agency.
       (4) Independence.--Each member of the arbitration panel 
     established under subsection (a) shall be independent and 
     neutral.
       (5) Use of.--A community may choose to have a dispute 
     resolved by the arbitration panel not later than 90 days 
     after the appeal period described in section 4001(a) ends.
       (c) Considerations.--
       (1) In general.--The arbitration panel established under 
     subsection (a) may consider historical flood data and other 
     data outside the scope of scientific or technical data in 
     carrying out the duties and responsibilities of the 
     arbitration panel.
       (2) Prohibition.--In resolving any dispute under this 
     section, the arbitration panel may not take into 
     consideration the status of the grant application of any 
     community under section 4.
       (3) Coordination with corps of engineers.--Upon request by 
     the arbitration panel, the appropriate district office of 
     jurisdiction of the United States Army Corps of Engineers 
     shall fund and make available personnel or technical guidance 
     to assist the arbitration panel in considering hydrological 
     data, historical data, budgetary data, or other relevant 
     information.
       (d) Community Choice.--A community may choose to have a 
     dispute resolved by the arbitration panel only if the 
     community has satisfied the following conditions:
       (1) The community has appealed a base flood elevation 
     determination or a determination of an area having special 
     flood hazards and undergone a 30-day consultation period with 
     the Administrator of the Federal Emergency Management Agency 
     in an effort to resolve the dispute.
       (2) The 30-day consultation period described in paragraph 
     (1) shall begin upon the Administrator's receipt of notice of 
     intent of the community to enter arbitration.
       (3) In cases in which the appeal period described under 
     paragraph (1) begins a sufficient time after the date of 
     enactment of this Act, the community has adequately notified 
     the public 180 days prior to the beginning of the appeal 
     period regarding the changes proposed by the Administrator. 
     Such notification may include individual notification of 
     affected households, public meetings, or publication of 
     proposed changes in local media.
       (e) Binding Authority.--
       (1) In general.--Any determination of resolution of a 
     dispute by the arbitration panel under this section--
       (A) shall be final and binding; and
       (B) may not appeal or seek further relief for such dispute 
     to any other administrative or judicial body.
       (2) Proceedings.--
       (A) In general.--The arbitration panel shall--
       (i) initiate proceedings to resolve any disputes brought 
     before the arbitration panel;
       (ii) consider all relevant information during the course of 
     any such proceeding; and
       (iii) issue a determination of resolution of the dispute, 
     as soon as is practical after the initiation of such 
     proceeding.
       (B) Effect prior to determination.--Until such time as the 
     arbitration panel issues a determination of resolution under 
     subparagraph (A), the most current Flood Insurance Rate Maps 
     shall remain in effect.
       (3) Final determination.--Following deliberations, the 
     arbitration panel shall issue a final determination of 
     resolution of a dispute setting forth the base flood 
     elevation determination or the determination of an area 
     having special flood hazards that shall be reflected in the 
     Flood Insurance Rate Maps. The final determination of the 
     arbitration panel shall not be limited to either acceptance 
     or denial of the position of Administrator of the Federal 
     Emergency Management Agency or the position of the community.
       (4) Written opinion.--Accompanying any final determination 
     of resolution issued pursuant to paragraph (3), the 
     arbitration panel shall issue a written opinion fully 
     explaining its decision, including all relevant information 
     relied upon by the panel. The opinion issued under this 
     paragraph shall provide communities seeking to mitigate their 
     flood risk with sufficient information to make informed 
     future planning decisions in light of identified flood 
     hazards.
       (f) Rule of Construction.--Nothing contained in this 
     section shall alter existing procedures for revision, update, 
     or amendment of Flood Insurance Rate Maps, including Flood 
     Insurance Rate Maps resulting from decisions of the 
     arbitration panel.
       (g) Sunset.--This section shall cease to have effect 3 
     years after the date of enactment of this Act.

     SEC. 4004. ELIGIBILITY FOR CERTAIN REIMBURSEMENTS FOR 
                   COMMUNITIES PARTICIPATING IN ARBITRATION.

       (a) Funding.--For communities who enter arbitration 
     pursuant to section 3, funds derived from offsetting 
     collections assessed and collected under section 1308(d) of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) 
     shall be made available to reimburse communities for certain 
     expenses related to the collection of technical data related 
     to Flood Insurance Rate Maps that are the subject of a 
     dispute for which the arbitration panel established in this 
     title has been directed to resolve, as allowed for pursuant 
     to section 1307(f) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104(f)).
       (b) Sunset.--This section shall cease to have effect on the 
     date that is 3 years after the date of enactment of this 
     title.
                                 ______
                                 
  SA 4283. Ms. SNOWE 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, add the following:

     SEC. 2__. OUTER CONTINENTAL SHELF.

       Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2704) is amended by adding at the end the following:
       ``(e) Outer Continental Shelf.--
       ``(1) In general.--The liability for an incident on the 
     outer Continental Shelf occurring during the period beginning 
     on the date of enactment of this subsection and ending on 
     December 31, 2025, shall be determined in accordance with 
     this subsection.
       ``(2) Initial liability.--
       ``(A) In general.--Each lease for oil and gas exploration, 
     production, or development issued by the Secretary of the 
     Interior after the date of enactment of this subsection shall 
     have, as a condition of the lease, a requirement that the 
     lessee have and maintain financial protection in the form of 
     liability insurance from private sources of such type and in 
     such amounts as the Secretary of the Interior determines to 
     be necessary to cover public liability claims in a minimum 
     aggregate amount of $300,000,000.
       ``(B) Indemnification; public liability.--In a case in 
     which financial protection is required for a lessee under 
     subparagraph (A), the lessee shall, as a further condition of 
     a lease for oil and gas exploration, production, or 
     development, be required--
       ``(i) to execute and maintain an indemnification agreement 
     to indemnify and hold harmless the lessee and other persons 
     indemnified, as the interest of those persons may appear, 
     from public liability arising from incidents on the outer 
     Continental Shelf the liability claims with respect to which 
     are in excess of the level of financial protection required 
     of the lessee;
       ``(ii) to execute and maintain an agreement with the 
     Secretary of the Interior stating that the United States and 
     other parties affected by the incident are not liable for 
     damages with respect to the incident, and including an 
     affirmation that the lessee is the responsible party with 
     respect to that liability; and
       ``(iii) to waive any immunity from public liability 
     conferred by law.
       ``(3) Maximum liability of lessee.--A lessee that is a 
     responsible party for an incident on the outer Continental 
     Shelf for which liability claims exceed, in the aggregate, 
     the minimum aggregate amount covered by liability insurance 
     under paragraph (2) shall be liable for additional liability 
     claims relating to the incident up to a maximum aggregate 
     amount of--
       ``(A) $1,000,000,000; or
       ``(B) such greater amount as may be required by the 
     Secretary of the Interior.
       ``(4) Liability of industry.--
       ``(A) In general.--If an incident on the outer Continental 
     Shelf results in liability claims exceeding, in the 
     aggregate, the maximum aggregate amount to be paid by the 
     responsible party under paragraph (3), the additional claims 
     shall be paid by all other entities conducting oil and gas 
     exploration, production, or development activities on the 
     outer Continental Shelf as of the date of the incident, as 
     determined by the Secretary of the Interior, in accordance 
     with subparagraph (B).
       ``(B) Proportional payment.--The amount of liability claims 
     to be paid under subparagraph (A) by an entity described in 
     that subparagraph shall be determined by the Secretary of the 
     Interior based on the proportion that--
       ``(i) the number of facilities operated by the entity on 
     the outer Continental Shelf; bears to
       ``(ii) the total number of facilities operated by all 
     entities on the outer Continental Shelf.''.
                                 ______
                                 
  SA 4284. Ms. SNOWE 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:

       At the appropriate place insert the following:

     SEC. ----. AMENDMENT OF OUTER CONTINENTAL SHELF LANDS ACT.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended--
       (1) by inserting ``the Secretary of Commerce, and the 
     Secretary of the department

[[Page S4463]]

     in which the Coast Guard is operating,'' in subsection (c)(1) 
     after ``Attorney General,'';
       (2) in subsection (d)(1), by striking ``program,'' and all 
     that follows and inserting ``program--
       ``(A) the Attorney General may, after consultation with the 
     Federal Trade Commission, submit comments on the anticipated 
     effects of such proposed program upon competition;
       ``(B) the Secretary of Commerce may submit comments on the 
     anticipated effects of such proposed program on the human, 
     marine, and coastal environments, including the likelihood of 
     occurrence and potential severity of spills and chronic 
     pollution;
       ``(C) the Secretary of the department in which the Coast 
     Guard is operating may submit comments on the adequacy of the 
     Federal government's response capabilities for spills and 
     chronic pollution that may occur as a result of such proposed 
     program; and
       ``(D) any State, local government, or other person may 
     submit comments and recommendations as to any aspect of such 
     proposed program.''; and
       (3) by striking ``Attorney General'' in sub, section (d)(2) 
     and inserting ``Attorney General, the Secretary of Commerce, 
     the Secretary of the department in which the Coast Guard is 
     operating,''.
                                 ______
                                 
  SA 4285. Mr. SCHUMER (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 appropriate place, insert the following:
       Sec. __. (a) For an additional amount for the Department of 
     Justice, $178,000,000, to remain available until September 
     30, 2012, of which--
       (1) $32,000,000 shall be used by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives (ATF) for--
       (A) increasing the number of Project Gunrunner teams; and
       (B) expanding ATF's tracing capacity to address increased 
     firearms trace demands generated by expanded use of the 
     eTrace electronic tracking system along the international 
     land border between the United States and Mexico;
       (2) $32,000,000 shall be used by the Drug Enforcement 
     Administration (DEA) for--
       (A) increasing DEA's electronic surveillance and intercept 
     capacity along the international land border between the 
     United States and Mexico;
       (B) expanding DEA's capacity for judicialized wiretaps 
     performed by Sensitive Investigative Units in drug source and 
     transit countries; and
       (C) expanding DEA's successful Drug Flow Attack Strategy, 
     which focuses on disrupting the flow of drug, money, and 
     precursor chemicals between source zones and the United 
     States;
       (3) $25,000,000 shall be used by the Federal Bureau of 
     Investigation for--
       (A) increasing the number of FBI Hybrid Squads to assist 
     State and local law enforcement agencies to address 
     kidnappings, homicides, and home invasion robberies;
       (B) creating additional capability for processing DNA 
     samples;
       (C) strengthening existing Border Corruption Task Forces; 
     and
       (D) adding new Border Corruption Task Forces;
       (4) $33,000,000 shall be used by the Organized Crime and 
     Drug Enforcement Task Force (OCDETF) for--
       (A) supporting prosecutorial activities of the United 
     States Attorneys' Office and the Criminal Division arising 
     from OCDETF investigations that target drugs trafficking 
     along the international land border between the United States 
     and Mexico and Mexican money laundering activities, including 
     financial assistance for--
       (i) increasing the number of positions in the United States 
     Attorneys' Office, 50 percent of which shall be attorneys; 
     and
       (ii) increasing the number of positions in the Criminal 
     Division, a majority of which shall be attorneys; and
       (B) supporting the 7 OCDETF Strike Forces;
       (5) $9,000,000 shall be used by the Criminal Division to 
     provide additional support for the investigation and 
     prosecution of transnational gangs, firearms and drug 
     traffickers, and money laundering activities;
       (6) $12,000,000 shall be used by the Executive Office for 
     Immigration Review, of which--
       (A) $6,000,000 shall be available for additional court 
     personnel, including immigration judges, staff attorneys of 
     the Board of Immigration Appeals, and support personnel; and
       (B) $6,000,000 shall be available for the expansion of the 
     Legal Orientation Program;
       (7) $25,000,000 shall be used by the United States Marshals 
     Service to combat criminal activity along the international 
     land border between the United States and Mexico; and
       (8) $10,000,000 shall be used by the Detention Trustee to 
     combat criminal activity along the international land border 
     between the United States and Mexico.
       (c) For an additional amount for ``Salaries and Expenses'' 
     of U.S. Customs and Border Protection, $64,000,000, to remain 
     available until September 30, 2011--
       (1) to hire 250 additional U.S. Customs and Border 
     Protection officers and targeting personnel;
       (2) for unmanned aircraft system pilots and sensor 
     operators; and
       (3) to expand border surveillance and outbound inspection 
     operations.
       (d) For an additional amount for ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement'' for 
     U.S. Customs and Border Protection, $120,000,000, to remain 
     available until September 30, 2011, for procurement of 6 
     unmanned aircraft systems and supporting equipment.
       (e) For an additional amount for ``Construction and 
     Facilities Management'' for U.S. Customs and Border 
     Protection, $12,000,000, to remain available until expended, 
     for construction and operation of 4 forward operating bases 
     along the international land border between the United States 
     and Mexico.
       (f) Of the amount made available under the heading ``border 
     security fencing, infrastructure, and technology'' under the 
     heading ``U.S. Customs and Border Protection'' in title II of 
     the Department of Homeland Security Appropriations Act, 2010 
     (Public Law 111-83; 123 Stat. 2145), $100,000,000, to remain 
     available until September 30, 2011, shall be made available 
     for critical fencing along the international land border 
     between the United States and Mexico.
       (g) For an additional amount for ``Salaries and Expenses'' 
     of U.S. Immigration and Customs Enforcement, $70,000,000, to 
     remain available until September 30, 2011, for expansion of 
     the Border Enforcement Security Task Force initiative along 
     the international land border between the United States and 
     Mexico, the hiring of additional special agents and 
     intelligence analysts for the initiative, and the procurement 
     of related equipment.
       (h) For an additional amount for ``Salaries and Expenses'' 
     of the Federal Law Enforcement Training Center, $6,000,000, 
     to remain available until September 30, 2011, for the 
     training of additional U.S. Customs and Border Protection 
     officers, Border Patrol agents, and U.S. Immigration and 
     Customs Enforcement personnel.
       (i)(1) Notwithstanding any other provision of this Act or 
     any other provision of law, during the period beginning on 
     the date of the enactment of this Act and ending on September 
     30, 2011, the filing fee and fraud prevention and detection 
     fee required to be submitted with an application for 
     admission as a nonimmigrant under section 101(a)(15)(L) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) 
     shall be increased by $2,250 for applicants that are not 
     publicly traded corporations and whose shares were first 
     offered in a stock exchange based in the United States.
       (2) Notwithstanding any other provision of this Act or any 
     other provision of law, during the period beginning on the 
     date of the enactment of this Act and ending on September 30, 
     2011, the filing fee and fraud prevention and detection fee 
     required to be submitted with an application for admission as 
     a nonimmigrant under section 101(a)(15)(H)(i)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for 
     applicants--
       (A) that employ 50 or more employees in the United States; 
     and
       (B) if more than 50 percent of the applicant's employees 
     are H-1B nonimmigrants or nonimmigrants described in section 
     101(a)(15)(L) of such Act.
       (3) During the period beginning on the date of the 
     enactment of this Act and ending on September 30, 2011, all 
     amounts collected pursuant to the fee increase authorized 
     under this subsection shall be deposited in the General Fund 
     of the Treasury.
                                 ______
                                 
  SA 4286. Mr. SCHUMER (for himself, Mr. Reid, and Mr. Byrd) 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. __. (a) For an additional amount for the Department of 
     Justice, $178,000,000, to remain available until September 
     30, 2012, of which--
       (1) $32,000,000 shall be used by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives (ATF) for--
       (A) increasing the number of Project Gunrunner teams; and
       (B) expanding ATF's tracing capacity to address increased 
     firearms trace demands generated by expanded use of the 
     eTrace electronic tracking system along the international 
     land border between the United States and Mexico;
       (2) $32,000,000 shall be used by the Drug Enforcement 
     Administration (DEA) for--
       (A) increasing DEA's electronic surveillance and intercept 
     capacity along the international land border between the 
     United States and Mexico;
       (B) expanding DEA's capacity for judicialized wiretaps 
     performed by Sensitive Investigative Units in drug source and 
     transit countries; and
       (C) expanding DEA's successful Drug Flow Attack Strategy, 
     which focuses on disrupting the flow of drug, money, and 
     precursor chemicals between source zones and the United 
     States;
       (3) $25,000,000 shall be used by the Federal Bureau of 
     Investigation for--

[[Page S4464]]

       (A) increasing the number of FBI Hybrid Squads to assist 
     State and local law enforcement agencies to address 
     kidnappings, homicides, and home invasion robberies;
       (B) creating additional capability for processing DNA 
     samples;
       (C) strengthening existing Border Corruption Task Forces; 
     and
       (D) adding new Border Corruption Task Forces;
       (4) $33,000,000 shall be used by the Organized Crime and 
     Drug Enforcement Task Force (OCDETF) for--
       (A) supporting prosecutorial activities of the United 
     States Attorneys' Office and the Criminal Division arising 
     from OCDETF investigations that target drugs trafficking 
     along the international land border between the United States 
     and Mexico and Mexican money laundering activities, including 
     financial assistance for--
       (i) increasing the number of positions in the United States 
     Attorneys' Office, 50 percent of which shall be attorneys; 
     and
       (ii) increasing the number of positions in the Criminal 
     Division, a majority of which shall be attorneys; and
       (B) supporting the 7 OCDETF Strike Forces;
       (5) $9,000,000 shall be used by the Criminal Division to 
     provide additional support for the investigation and 
     prosecution of transnational gangs, firearms and drug 
     traffickers, and money laundering activities;
       (6) $12,000,000 shall be used by the Executive Office for 
     Immigration Review, of which--
       (A) $6,000,000 shall be available for additional court 
     personnel, including immigration judges, staff attorneys of 
     the Board of Immigration Appeals, and support personnel; and
       (B) $6,000,000 shall be available for the expansion of the 
     Legal Orientation Program;
       (7) $25,000,000 shall be used by the United States Marshals 
     Service to combat criminal activity along the international 
     land border between the United States and Mexico; and
       (8) $10,000,000 shall be used by the Detention Trustee to 
     combat criminal activity along the international land border 
     between the United States and Mexico.
       (b)(1) For an additional amount for ``Operation and 
     Maintenance, Defense-Wide'', $50,000,000, to remain available 
     until September 30, 2011, for, except as provided in 
     paragraph (2), the deployment of 1,200 members of the 
     National Guard to perform operations and missions under 
     section 502(f) of title 32, United States Code, in the States 
     along the international land border between the United States 
     and Mexico.
       (2) The Secretary of Defense may transfer the amounts 
     appropriated pursuant to paragraph (1) to amounts available 
     to the Department of Defense for military personnel, 
     operation and maintenance, and procurement.
       (c) For an additional amount for ``Salaries and Expenses'' 
     of U.S. Customs and Border Protection, $64,000,000, to remain 
     available until September 30, 2011--
       (1) to hire 250 additional U.S. Customs and Border 
     Protection officers and targeting personnel;
       (2) for unmanned aircraft system pilots and sensor 
     operators; and
       (3) to expand border surveillance and outbound inspection 
     operations.
       (d) For an additional amount for ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement'' for 
     U.S. Customs and Border Protection, $120,000,000, to remain 
     available until September 30, 2011, for procurement of 6 
     unmanned aircraft systems and supporting equipment.
       (e) For an additional amount for ``Construction and 
     Facilities Management'' for U.S. Customs and Border 
     Protection, $12,000,000, to remain available until expended, 
     for construction and operation of 4 forward operating bases 
     along the international land border between the United States 
     and Mexico.
       (f) Of the amount made available under the heading ``border 
     security fencing, infrastructure, and technology'' under the 
     heading ``U.S. Customs and Border Protection'' in title II of 
     the Department of Homeland Security Appropriations Act, 2010 
     (Public Law 111-83; 123 Stat. 2145), $100,000,000, to remain 
     available until September 30, 2011, shall be made available 
     for critical fencing along the international land border 
     between the United States and Mexico.
       (g) For an additional amount for ``Salaries and Expenses'' 
     of U.S. Immigration and Customs Enforcement, $70,000,000, to 
     remain available until September 30, 2011, for expansion of 
     the Border Enforcement Security Task Force initiative along 
     the international land border between the United States and 
     Mexico, the hiring of additional special agents and 
     intelligence analysts for the initiative, and the procurement 
     of related equipment.
       (h) For an additional amount for ``Salaries and Expenses'' 
     of the Federal Law Enforcement Training Center, $6,000,000, 
     to remain available until September 30, 2011, for the 
     training of additional U.S. Customs and Border Protection 
     officers, Border Patrol agents, and U.S. Immigration and 
     Customs Enforcement personnel.
       (i)(1) Notwithstanding any other provision of this Act or 
     any other provision of law, during the period beginning on 
     the date of the enactment of this Act and ending on September 
     30, 2011, the filing fee and fraud prevention and detection 
     fee required to be submitted with an application for 
     admission as a nonimmigrant under section 101(a)(15)(L) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) 
     shall be increased by $2,250 for applicants that are not 
     publicly traded corporations and whose shares were first 
     offered in a stock exchange based in the United States.
       (2) Notwithstanding any other provision of this Act or any 
     other provision of law, during the period beginning on the 
     date of the enactment of this Act and ending on September 30, 
     2011, the filing fee and fraud prevention and detection fee 
     required to be submitted with an application for admission as 
     a nonimmigrant under section 101(a)(15)(H)(i)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for 
     applicants--
       (A) that employ 50 or more employees in the United States; 
     and
       (B) if more than 50 percent of the applicant's employees 
     are H-1B nonimmigrants or nonimmigrants described in section 
     101(a)(15)(L) of such Act.
       (3) During the period beginning on the date of the 
     enactment of this Act and ending on September 30, 2011, all 
     amounts collected pursuant to the fee increase authorized 
     under this subsection shall be deposited in the General Fund 
     of the Treasury.
                                 ______
                                 
  SA 4287. Mr. SHELBY (for himself, Mr. Vitter, and Mr. LeMieux) 
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:


            funding for environmental and fisheries impacts

       Sec. 2002.
       (1) Fisheries disaster relief.--For an additional amount, 
     in addition to other amounts provided in this Act for the 
     National Oceanic and Atmospheric Administration, $20,000,000 
     to be available to provide fisheries disaster relief under 
     section 312 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861a) related to a commercial 
     fishery failure due to a fishery resource disaster in the 
     Gulf of Mexico that resulted from the Deepwater Horizon oil 
     discharge.
       (2) Expanded stock assessment of fisheries.--For an 
     additional amount, in addition to other amounts provided in 
     this Act for the National Oceanic and Atmospheric 
     Administration, $15,000,000 to conduct an expanded stock 
     assessment of the fisheries of the Gulf of Mexico. Such 
     expanded stock assessment shall include an assessment of the 
     commercial and recreational catch and biological sampling, 
     observer programs, data management and processing activities, 
     the conduct of assessments, and follow-up evaluations of such 
     fisheries.
       (3) Ecosystem services impacts study.--For an additional 
     amount, in addition to other amounts provided for the 
     Department of Commerce, $1,000,000 to be available for the 
     National Academy of Sciences to conduct a study of the long-
     term ecosystem service impacts of the Deepwater Horizon oil 
     discharge. Such study shall assess long-term costs to the 
     public of lost water filtration, hunting, and fishing 
     (commercial and recreational), and other ecosystem services 
     associated with the Gulf of Mexico.
       In General.--Of the amounts appropriated or made available 
     under Division B, Title III of Public Law 111-117 that remain 
     unobligated as of the date of the enactment of this Act for 
     ISS Cargo Crew Services, $36,000,000 of the amounts 
     appropriated are hereby rescinded.
                                 ______
                                 
  SA 4288. Ms. SNOWE 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, add the following:

     SEC. 2__. OUTER CONTINENTAL SHELF.

       Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2704) is amended by adding at the end the following:
       ``(e) Outer Continental Shelf.--
       ``(1) In general.--The liability for an incident on the 
     outer Continental Shelf occurring during the period beginning 
     on the date of enactment of this subsection and ending on 
     December 31, 2025, shall be determined in accordance with 
     this subsection.
       ``(2) Initial liability.--
       ``(A) In general.--Each lease for oil and gas exploration, 
     production, or development issued by the Secretary of the 
     Interior after the date of enactment of this subsection shall 
     have, as a condition of the lease, a requirement that the 
     lessee have and maintain financial protection in the form of 
     liability insurance from private sources of such type and in 
     such amounts as the Secretary of the Interior determines to 
     be necessary to cover public liability claims in a minimum 
     aggregate amount of $300,000,000.
       ``(B) Indemnification; public liability.--In a case in 
     which financial protection is required for a lessee under 
     subparagraph (A), the lessee shall, as a further condition of 
     a lease for oil and gas exploration, production, or 
     development, be required--
       ``(i) to execute and maintain an indemnification agreement 
     to indemnify and hold

[[Page S4465]]

     harmless the lessee and other persons indemnified, as the 
     interest of those persons may appear, from public liability 
     arising from incidents on the outer Continental Shelf the 
     liability claims with respect to which are in excess of the 
     level of financial protection required of the lessee;
       ``(ii) to execute and maintain an agreement with the 
     Secretary of the Interior stating that the United States and 
     other parties affected by the incident are not liable for 
     damages with respect to the incident, and including an 
     affirmation that the lessee is the responsible party with 
     respect to that liability; and
       ``(iii) to waive any immunity from public liability 
     conferred by law.
       ``(3) Maximum liability of lessee.--A lessee that is a 
     responsible party for an incident on the outer Continental 
     Shelf for which liability claims exceed, in the aggregate, 
     the minimum aggregate amount covered by liability insurance 
     under paragraph (2) shall be liable for additional liability 
     claims relating to the incident up to a maximum aggregate 
     amount of--
       ``(A) $1,000,000,000; or
       ``(B) such greater amount as may be required by the 
     Secretary of the Interior.
       ``(4) Liability of industry.--
       ``(A) In general.--If an incident on the outer Continental 
     Shelf results in liability claims exceeding, in the 
     aggregate, the maximum aggregate amount to be paid by the 
     responsible party under paragraph (3), the additional claims 
     shall be paid by all other entities conducting oil and gas 
     exploration, production, or development activities on the 
     outer Continental Shelf as of the date of the incident, as 
     determined by the Secretary of the Interior, in accordance 
     with subparagraph (B).
       ``(B) Proportional payment.--The amount of liability claims 
     to be paid under subparagraph (A) by an entity described in 
     that subparagraph shall be determined by the Secretary of the 
     Interior based on the proportion that--
       ``(i) the number of facilities operated by the entity on 
     the outer Continental Shelf; bears to
       ``(ii) the total number of facilities operated by all 
     entities on the outer Continental Shelf.''.
                                 ______
                                 
  SA 4289. Mr. MENENDEZ (for himself, Mr. Nelson of Florida, Mr. 
Lautenberg, Mrs. Murray, Mr. Schumer, Mrs. Gillibrand, Mr. Kaufman, and 
Mr. Franken) 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:

                      TITLE V--OIL SPILL LIABILITY

     SEC. 5001. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE 
                   FACILITIES.

       (a) In General.--Section 1004(a)(3) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2704(a)(3)) is amended by striking 
     ``plus $75,000,000'' and inserting ``and the liability of the 
     responsible party under section 1002''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on April 15, 2010.
                                 ______
                                 
  SA 4290. Ms. LANDRIEU 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:

       Beginning on page 74, strike line 13 and all that follows 
     through page 79, line 3, and insert the following:

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Economic Development Assistance 
     Programs'', to carry out planning, technical assistance and 
     other assistance under section 209, and consistent with 
     section 703(b), of the Public Works and Economic Development 
     Act (42 U.S.C. 3149, 3233), in States affected by the 
     incidents related 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, $10,000,000, 
     to remain available until expended, of which not less than 
     $5,000,000 shall be used to provide technical assistance 
     grants in accordance with section 2002.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', $13,000,000, to remain available until 
     expended, for responding to economic impacts on fishermen and 
     fishery-dependent businesses affected by the Deepwater 
     Horizon oil spill:
       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', for activities undertaken including scientific 
     investigations and sampling as a result of the incidents 
     related to the discharge of oil and the use of oil 
     dispersants that began in 2010 in connection with the 
     explosion on, and sinking of, the mobile offshore drilling 
     unit Deepwater Horizon, $7,000,000, to remain available until 
     expended. These activities may be funded through the 
     provision of grants to universities, colleges and other 
     research partners through extramural research funding.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     Food and Drug Administration, Department of Health and Human 
     Services, for food safety monitoring and response activities 
     in connection with the incidents related 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, $2,000,000, to remain available until expended.

                       DEPARTMENT OF THE INTERIOR

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for the ``Office of the Secretary, 
     Salaries and Expenses'' for increased inspections, 
     enforcement, investigations, environmental and engineering 
     studies, and other activities related to emergency offshore 
     oil spill incidents in the Gulf of Mexico, $29,000,000, to 
     remain available until expended: Provided, That such funds 
     may be transferred by the Secretary to any other account in 
     the Department of the Interior to carry out the purposes 
     provided herein.

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $10,000,000, to remain available 
     until expended, for litigation expenses resulting from 
     incidents related 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.

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For an additional amount for ``Science and Technology'' for 
     a study on the potential human and environmental risks and 
     impacts of the release of crude oil and the application of 
     dispersants, surface washing agents, bioremediation agents, 
     and other mitigation measures listed in the National 
     Contingency Plan Product List (40 C.F.R. Part 300 Subpart J), 
     as appropriate, $2,000,000, to remain available until 
     expended: Provided, That the study shall be performed at the 
     direction of the Administrator of the Environmental 
     Protection Agency, in coordination with the Secretary of 
     Commerce and the Secretary of the Interior: Provided further, 
     That the study may be funded through the provision of grants 
     to universities and colleges through extramural research 
     funding.

                     GENERAL PROVISION--THIS TITLE

                           deepwater horizon

     SEC. 2001. SECTION 6002(B) OF THE OIL POLLUTION ACT OF 1990 
                   (33 U.S.C. 2752) IS AMENDED IN THE SECOND 
                   SENTENCE:

       (1) by inserting ``: (1)'' before ``may obtain an advance'' 
     and after ``the Coast Guard'';
       (2) by striking ``advance. Amounts'' and inserting the 
     following: ``advance; (2) in the case of discharge of oil 
     that began in 2010 in connection with the explosion on, and 
     sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, may, without further appropriation, obtain one or 
     more advances from the Oil Spill Liability Trust Fund as 
     needed, up to a maximum of $100,000,000 for each advance, the 
     total amount of all advances not to exceed the amounts 
     available under section 9509(c)(2) of the Internal Revenue 
     Code of 1986 (26 U.S.C. 9509(c)(2)), and within 7 days of 
     each advance, shall notify Congress of the amount advanced 
     and the facts and circumstances necessitating the advance; 
     and (3) amounts''.

     SEC. 2002. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

       (a) Establishment of Grant Program.--The Secretary of 
     Commerce (referred to in this section as the ``Secretary'') 
     shall establish a grant program to provide to eligible (as 
     determined by the Secretary) organizations technical 
     assistance grants for use in assisting individuals and 
     businesses affected by the Deepwater Horizon oil spill in the 
     Gulf of Mexico (referred to in this section as the ``oil 
     spill'').
       (b) Application.--An organization that seeks to receive a 
     grant under this section shall submit to the Secretary an 
     application for the grant at such time, in such form, and 
     containing such information as the Secretary shall require.
       (c) Use of Funds.--
       (1) In general.--Funds from a grant provided under this 
     section may be used by an eligible organization--
       (A) to support--

[[Page S4466]]

       (i) education;
       (ii) outreach;
       (iii) intake;
       (iv) language services;
       (v) accounting services;
       (vi) legal services offered pro bono or by a nonprofit 
     organization;
       (vii) damage assessments;
       (viii) economic loss analysis;
       (ix) collecting and preparing documentation; and
       (x) assistance in the preparation and filing of claims or 
     appeals;
       (B) to provide assistance to individuals or businesses 
     seeking assistance from or under--
       (i) a party responsible for the oil spill;
       (ii) the Oil Spill Liability Trust Fund;
       (iii) an insurance policy; or
       (iv) any other program administered by the Federal 
     Government or a State or local government;
       (C) to pay for salaries, training, and appropriate expenses 
     relating to the purchase or lease of property to support 
     operations, equipment (including computers and 
     telecommunications), and travel expenses;
       (D) to assist other organizations in--
       (i) assisting specific business sectors;
       (ii) providing services;
       (iii) assisting specific jurisdictions; or
       (iv) otherwise supporting operations; and
       (E) to establish an advisory board of service providers and 
     technical experts--
       (i) to monitor the claims process relating to the oil 
     spill; and
       (ii) to provide recommendations to the parties responsible 
     for the oil spill, the National Pollution Funds Center, other 
     appropriate agencies, and Congress to improve fairness and 
     efficiency in the claims process.
       (2) Prohibition on use of funds.--Funds from a grant 
     provided under this section may not be used to provide 
     compensation for damages or removal costs relating to the oil 
     spill.
       (d) Provision of Grants.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall provide grants 
     under this section.
       (2) Networked organizations.--The Secretary is encouraged 
     to consider applications for grants under this section from 
     organizations that have established networks with affected 
     business sectors, including--
       (A) the fishery and aquaculture industries;
       (B) the restaurant, grocery, food processing, and food 
     delivery industries; and
       (C) the hotel and tourism industries.
       (3) Training.--
       (A) In general.--Not later than 30 days after the date on 
     which an eligible organization receives a grant under this 
     section, the Director of the National Pollution Funds Center 
     and the parties responsible for the oil spill shall provide 
     training to the organization regarding the applicable rules 
     and procedures for the claims process relating to the oil 
     spill.
       (B) Failure to provide training.--If a responsible party 
     fails to provide training pursuant to this paragraph, the 
     Secretary shall request the Attorney General to bring civil 
     action against the responsible party or a guarantor in an 
     appropriate United States district court for that purpose.
       (4) Availability of funds.--Funds from a grant provided 
     under this section shall be available until the later of, as 
     determined by the Secretary--
       (A) the date that is 6 years after the date on which the 
     oil spill occurred; and
       (B) the date on which all claims relating to the oil spill 
     have been satisfied.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report describing the use of funds under 
     this section.
       (f) Applicability.--This section shall take effect 
     immediately upon enactment and shall apply to all responsible 
     parties under the Oil Pollution Act of 1990 (33 U.S.C. 2701 
     et seq.) for any incident that occurred prior to the date of 
     enactment of this Act.

     SEC. 2003. EMERGENCY DESIGNATIONS.

       (a) Emergency Designation for Congressional Enforcement.--
     This Act is designated as an emergency for purposes of pay-
     as-you-go principles. In the Senate, this Act is designated 
     as an emergency requirement pursuant to sections 403(a) and 
     423(b) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
       (b) Emergency Designation for Statutory PAYGO.--This Act 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 4291. 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:

       At the appropriate place, insert the following:

     SEC._. NATIONAL EMERGENCY GRANTS.

       (a) Appropriations for Oil Spill Relief Employment.--There 
     is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the fiscal year ending September 
     30, 2010, for an additional amount for ``Training and 
     Employment Services'' for the Employment and Training 
     Administration of the Department of Labor, to carry out the 
     provisions of subsections (a)(5) and (h) of section 173 of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2918), 
     $50,000,000. Such amount shall be available on the date of 
     enactment of this section, notwithstanding section 189(g)(1) 
     of that Act (29 U.S.C. 2939(g)(1)) and remain available 
     through June 30, 2011.
       (b) Programs.--Section 173(a) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2918(a)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(5) to provide assistance to a State that is partially or 
     completely within the boundaries of an area that is the 
     subject of a presidential determination that additional 
     resources are necessary to respond to an incident, as defined 
     in subsection (h)(1)(A)(i)(I), to provide oil spill relief 
     employment in the area and in offshore areas related to the 
     incident, and related assistance, as described in subsection 
     (h); and
       ``(6) to provide assistance to a State for technical 
     assistance grants described in subsection (i).''.
       (c) Oil Spill Relief Employment Assistance Requirements.--
     Section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918) is amended by adding at the end the following:
       ``(h) Oil Spill Relief Employment Assistance 
     Requirements.--
       ``(1) In general.--Funds made available under subsection 
     (a)(5)--
       ``(A)(i) shall be used to provide oil spill relief 
     employment on--
       ``(I) projects regarding cleaning, restoration, renovation, 
     repair, and reconstruction of lands, marshes, waters, 
     structures, and facilities located within the area of an 
     incident related to a spill classified as a spill of national 
     significance for the National Contingency Plan under section 
     105 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9605) 
     (referred to in this subsection as an `incident'), as well as 
     offshore areas related to such incident; and
       ``(II) projects that provide food, clothing, shelter, and 
     other humanitarian assistance to individuals adversely 
     affected by the incident;
       ``(ii) may be expended to provide employment and training 
     activities related to the projects described in clause (i);
       ``(iii) may be expended to provide personal protective 
     equipment to employees engaged in oil spill relief employment 
     described in clause (i); and
       ``(iv) may be used to make subgrants to public and private 
     agencies and organizations to engage in the projects;
       ``(B) may be used to increase the capacity of States to 
     make available the full range of services authorized under 
     this title, and provide information (in languages appropriate 
     to the individuals served) about, and access to, the range of 
     the public and private services available, to individuals 
     adversely affected by the incident, through one-stop delivery 
     system described in section 134(c), and other access points 
     (including other public facilities, mobile service delivery 
     units, and social services offices); and
       ``(C) may be used to provide temporary employment by public 
     sector entities for a period of not more than 6 months, in 
     addition to the oil spill relief employment described in 
     subparagraph (A).
       ``(2) Eligibility.--An individual shall be eligible for any 
     services described in paragraph (1)(B) or employment 
     described in subparagraph (A) or (C) of paragraph (1) if such 
     individual--
       ``(A) is temporarily or permanently laid off as a 
     consequence of the incident;
       ``(B) is a dislocated worker;
       ``(C) is a long-term unemployed individual; or
       ``(D) meets such other criteria as the Secretary may 
     establish.
       ``(3) Limitations on oil spill relief employment 
     assistance.--No individual shall be employed under subsection 
     (a)(5) for more than 6 months for oil spill relief employment 
     related to response to a single incident. After reviewing a 
     request from the State involved for an extension of the 
     employment, the Secretary may extend such employment related 
     to response to a single incident for not more than an 
     additional 6 months.
       ``(4) Applications for assistance.--To be eligible to 
     receive assistance for a State as described in paragraph (1), 
     the Governor of the State shall submit an application to the 
     Secretary at such time, in such manner, and containing--
       ``(A) a detailed description of how the State will ensure 
     the capacity of the one-stop delivery system described in 
     section 134(c) and other access points to--
       ``(i) provide individuals adversely affected by the 
     incident with information, in languages appropriate to the 
     individuals served, about the range of available services 
     authorized under this title; and
       ``(ii) provide the adversely affected individuals with 
     access to the range of the services;
       ``(B) a detailed description of how the State will 
     prioritize individuals who are temporarily or permanently 
     laid off as a consequence of the incident in the assignment 
     of temporary employment positions; and
       ``(C) any other supporting information the Secretary may 
     require.
       ``(5) Reimbursement.--
       ``(A) In general.--Each responsible party under the Oil 
     Pollution Act of 1990 (33 U.S.C.

[[Page S4467]]

     2701 et seq.), with respect to an incident, is liable for any 
     costs incurred by the United States under this subsection 
     (including paragraph (7)) or subsection (a)(5) for the that 
     incident. The responsible party shall, upon the demand of the 
     Secretary of the Treasury, reimburse the Oil Spill Liability 
     Trust Fund for all of the costs as well as the costs of the 
     United States in administering its responsibilities under 
     this subsection or subsection (a)(5) for that incident.
       ``(B) Action.--If a responsible party fails to pay a demand 
     of the Secretary of the Treasury pursuant to this subsection 
     or subsection (a)(5), the Secretary shall request the 
     Attorney General to bring a civil action against the 
     responsible party or a guarantor in an appropriate district 
     court. The Attorney General shall bring the action for 
     reimbursement of costs, in the amount of the demand, plus all 
     costs incurred in obtaining payment, including prejudgment 
     interest, attorney's fees, and any other administrative and 
     adjudicative costs involved. Such reimbursement shall be 
     without regard to limits of liability under section 1004 of 
     Oil Pollution Act of 1990 (33 U.S.C. 2704).
       ``(6) Use of available funds.--Funds appropriated for 
     fiscal years 2009 and 2010 and remaining available for 
     obligation by the Secretary to provide any assistance 
     authorized under this section shall be available to provide 
     that assistance, subject to paragraph (3), to eligible 
     individuals described in paragraph (2), including employees 
     who have relocated from areas in which an incident has 
     occurred. Under such conditions as the Secretary may approve, 
     any State may use funds that remain available for expenditure 
     under any grants awarded to the State for fiscal year 2009, 
     2010, or 2011 under this section to provide that assistance 
     to those eligible individuals. Funds used pursuant to the 
     authority provided under this paragraph shall be reimbursed 
     as described in paragraph (5).
       ``(7) Reservation of funds for administrative activities of 
     the department of labor.--The Secretary may reserve not more 
     than 1 percent of the funds available to carry out this 
     subsection and transfer the reserved funds to appropriate 
     Department of Labor accounts. The Secretary shall transfer 
     the funds to accounts for program administration and support 
     activities in the Department of Labor associated with this 
     subsection, and for increased worker protection and workplace 
     benefit activities and oversight and coordination activities 
     in connection with the application of laws (including 
     regulations) associated with the Department's response to 
     spills described in subsection (a)(5). Funds used pursuant to 
     the authority provided under this paragraph shall be 
     reimbursed as described in paragraph (5).
       ``(8) Report.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall submit to 
     the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate a report describing the use of the funds made 
     available to carry out this subsection.''.
       (d) Oil Spill Claims Assistance and Recovery 
     Requirements.--Section 173 of the Workforce Investment Act of 
     1998 (29 U.S. C. 2918), as amended by subsection (c), is 
     further amended by adding at the end the following:
       ``(i) Oil spill claims assistance and recovery 
     requirements.--
       ``(1) Grants.--A State board shall use funds made available 
     under subsection (a)(6) to provide, to eligible nonprofit 
     organizations, technical assistance grants for use in 
     assisting individuals and businesses affected by the 
     Deepwater Horizon oil spill in the Gulf of Mexico (referred 
     to in this subsection as the `oil spill'). Determinations of 
     the criteria for eligible nonprofit organizations shall be 
     made by the Secretary, except that the Secretary may elect to 
     give a State board the authority to make such a determination 
     within that State.
       ``(2) Application.--An organization that seeks to receive a 
     grant under this subsection shall submit to the State board 
     an application for the grant such time, in such form, and 
     containing such information as the State board shall require.
       ``(3) Provision of grants.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the State board shall provide grants 
     under this subsection.
       ``(B) Networked organizations.--The State board shall, to 
     the maximum extent practicable, consider applications for 
     grants under this subsection from organizations that have 
     established networks with affected business sectors, 
     including--
       ``(i) the fishery and aquaculture industries;
       ``(ii) the restaurant, grocery, food processing, and food 
     delivery industries; and
       ``(iii) the hotel and tourism industries.
       ``(4) Use of funds.--
       ``(A) In general.--Funds from a grant provided under this 
     subsection may be used by an eligible organization--
       ``(i) to support--
       ``(I) education;
       ``(II) outreach;
       ``(III) intake;
       ``(IV) language services;
       ``(V) accounting services;
       ``(VI) legal services offered pro bono or by a nonprofit 
     organization;
       ``(VII) damage assessments;
       ``(VIII) economic loss analysis;
       ``(IX) collecting and preparing documentation; and
       ``(X) assistance in the preparation and filing of claims or 
     appeals;
       ``(ii) to provide assistance to individuals or businesses 
     seeking assistance from or under--
       ``(I) a party responsible for the oil spill;
       ``(II) the Oil Spill Liability Trust Fund;
       ``(III) an insurance policy; or
       ``(IV) any other program administered by the Federal 
     Government or a State or local government;
       ``(iii) to pay for salaries, training, and appropriate 
     expenses relating to the purchase or lease of property to 
     support operations, equipment (including computers and 
     telecommunications), and travel expenses;
       ``(iv) to assist other organizations--
       ``(I) assisting specific business sectors;
       ``(II) providing services;
       ``(III) assisting specific jurisdictions; or
       ``(IV) otherwise supporting operations; and
       ``(v) to establish an advisory board of service providers 
     and technical experts--
       ``(I) to monitor the claims process relating to the oil 
     spill; and
       ``(II) to provide recommendations to the parties 
     responsible for the oil spill, the National Pollution Funds 
     Center, other appropriate agencies, and Congress to improve 
     fairness and efficiency in the claims process.
       ``(B) Prohibition on use of funds.--Funds from a grant 
     provided under this subsection may not be used to provide 
     compensation for damages or removal costs relating to the oil 
     spill.
       ``(5) Training.--Not later than 30 days after the date on 
     which an eligible organization receives a grant under this 
     subsection, the Director of the National Pollution Funds 
     Center and the parties responsible for the oil spill shall 
     provide training to the organization regarding the applicable 
     rules and procedures for the claims process relating to the 
     oil spill.
       ``(6) Availability of funds.--Funds from a grant provided 
     under this subsection shall be available until the later of, 
     as determined by the Secretary--
       ``(A) the date that is 6 years after the date on which the 
     oil spill occurred; and
       ``(B) the date on which all claims relating to the oil 
     spill have been satisfied.''.
       (e) Effective Date.--This section, and the amendments made 
     by this section, take effect on the date of enactment of this 
     Act. The amendment made by subsection (c) applies to all 
     responsible parties for incidents (as defined in section 
     173(h) of the Workforce Investment Act of 1998) under the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including any 
     party determined to be liable under the Oil Pollution Act of 
     1990 for such an incident that occurred prior to the date of 
     enactment of this Act.
       (f) Emergency Designation for Congressional Enforcement.--
     This section is designated as an emergency for purposes of 
     pay-as-you-go principles. In the Senate, this section is 
     designated as an emergency requirement pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 4292. Mr. WICKER 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 36, between lines 2 and 3, insert the following:

     SEC. 608. COMPLIANCE WITH ENVIRONMENTAL LAWS.

       For an interoperable communications system facility for 
     which construction began before June 1, 2009 using a grant 
     made under section 573 of division E of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
     2093), section 10501 of division B of the Consolidated 
     Security, Disaster Assistance, and Continuing Appropriations 
     Act, 2009 (Public Law 110-329; 122 Stat. 3592), or section 
     603 of the Supplemental Appropriations Act, 2009 (Public Law 
     111-32; 123 Stat. 1882), if the facility is determined to be 
     in compliance with Federal environmental laws under standards 
     established by the Federal Communications Commission, the 
     facility shall be deemed in compliance with standards 
     established by the Federal Emergency Management Agency 
     relating to Federal environmental laws.
                                 ______
                                 
  SA 4293. Mr. BOND 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 74, after line 12 insert the following (or where 
     best appropriate)


                          federal transparency

       Sec 20. For all programs administered competitively or as 
     sole source, the Secretary of the Department of 
     Transportation, the Secretary of Housing and Urban 
     Development and any other large agencies (with staffing over 
     500 FTEs) are required to file in the Federal Register the 
     following transparency information, including, but limited, 
     to information including the name, address and phone number 
     of each successful grantee, and each grant award amount. Each 
     agency shall provide the minimum criteria and process for the 
     decisionmaking. Within three days prior to publication in the 
     Federal Agency, all cost shares and leveraging of

[[Page S4468]]

     funds within the grant program shall be included as well as 
     any other sources of Federal, State or private funds. In 
     addition, within three days of publication, each relevant 
     agency shall be required to submit to the primary House and 
     Senate committees all back-up information and materials on 
     the methodology of the award selections, including how these 
     awards are consistent with program assistance and goals; also 
     included shall be all benchmarks and deadlines including 
     rationales for the program(s).''.
                                 ______
                                 
  SA 4294. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4175 proposed by Mr. Lautenberg 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:
       (c) Liability for Deepwater Horizon Oil Spill.--
       (1) In general.--Congress finds that--
       (A) executives of British Petroleum Exploration & 
     Production, Incorporated (referred to in this subsection as 
     ``BP'') testified before Congress in May 2010 that BP would 
     pay all legitimate claims relating to the Deepwater Horizon 
     explosion and oil spill that exceed existing applicable 
     economic liability limitations;
       (B) a letter from the Group Chief Executive of BP to the 
     Secretaries of Homeland Security and the Interior dated May 
     16, 2010, evidences an offer of BP to modify the oil and gas 
     leasing contract involved in the Deepwater Horizon incident 
     to incorporate new terms of liability by stating that BP is 
     ``prepared to pay above $75 million'' on ``all legitimate 
     claims'' relating to that explosion and oil spill;
       (C) that offer is acceptable to Congress and to the 
     Secretary of the Interior;
       (D) all documented legitimate claims pursuant to the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) for economic 
     damages relating to the Deepwater Horizon explosion and oil 
     spill should be paid by BP without limit on liability;
       (E) BP should provide to the Federal Government any claims 
     relating to the Deepwater Horizon explosion and oil spill 
     that BP fails to pay; and
       (F) if the Federal Government finds pursuant to the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) that such 
     claims are legitimate under that Act, the claims should be 
     returned to BP for immediate payment.
       (2) Directive to secretary of the interior.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of the Interior (referred to in this 
     subsection as the ``Secretary'') shall--
       (i) accept the new terms of liability offered by BP in the 
     letter described in paragraph (1)(B); and
       (ii) consider the oil and gas leasing contract involved in 
     the Deepwater Horizon incident as being amended to reflect 
     those new terms.
       (B) Payment of claims.--
       (i) In general.--As an inherent condition of the amended 
     lease described in subparagraph (A), BP shall present to the 
     Secretary each claim relating to the Deepwater Horizon 
     explosion and oil spill that BP fails to pay.
       (ii) Finding of legitimacy.--As a further inherent 
     condition of the amended lease, if the Secretary finds a 
     claim described in clause (i) to be legitimate for payment by 
     BP, the claim shall be returned to BP for immediate payment.
                                 ______
                                 
  SA 4295. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCISE TAX ON PATENT TERM EXTENSIONS.

       (a) Excise Tax on Patent Term Extensions Granted Pursuant 
     to Certain Extension Requests.--Chapter 36 of the Internal 
     Revenue Code of 1986 is amended by adding after subchapter D 
     the following new subchapter:

   ``Subchapter E--Tax on Patent Term Extensions Granted Pursuant to 
                       Certain Extension Requests

     ``SEC. 4491. IMPOSITION OF TAX.

       ``(a) Imposition of Tax.--A tax is hereby imposed on the 
     acceptance of an extension of a patent term pursuant to a 
     request under section 156(i) of title 35, United States Code.
       ``(b) Amount of Tax.--
       ``(1) In general.--The amount of tax imposed by subsection 
     (a) shall be--
       ``(A) $65,000,000 with respect to any application for a 
     patent term extension, filed with the United States Patent 
     and Trademark Office before the date of the enactment of this 
     section, for a drug intended for use in humans that is in the 
     anticoagulant class of drugs; or
       ``(B) the amount determined under paragraph (2) with 
     respect to any other application for a patent term extension.
       ``(2) Calculation of tax.--The amount determined under this 
     paragraph is the amount which the Secretary estimates to be 
     equal to the sum of--
       ``(A) any net increase in direct spending arising from the 
     extension of the patent term (including direct spending of 
     the United States Patent and Trademark Office and any other 
     department or agency of the Federal Government),
       ``(B) any net decrease in revenues arising from such patent 
     term extension, and
       ``(C) any indirect reduction in revenues associated with 
     payment of the tax under this section.
       ``(3) Determination by secretary.--The Secretary, in 
     determining the amount under paragraph (2), shall consult 
     with the Director of the Office of Management and Budget, the 
     Director of the United States Patent and Trademark Office, 
     and either the Secretary of Health and Human Services or, in 
     the case of a drug product subject to the Act commonly 
     referred to as the `Virus-Serum-Toxin Act' (21 U.S.C. 151 et 
     seq.), the Secretary of Agriculture.
       ``(c) By Whom Paid.--The tax imposed by this section shall 
     be paid by the owner of record of the patent, or its agent. 
     The Director of the United States Patent and Trademark 
     Office, after consultation with the Secretary, shall inform 
     the owner of record of the patent, or its agent, of the tax 
     determined under subsection (b) at the time the Director 
     provides notice of the length of the period of the extension 
     of the patent term that will become effective pursuant to a 
     request under section 156(i) of title 35, United States Code.
       ``(d) Payment.--The tax imposed by this section shall be 
     payable within 60 days after the Director of the United 
     States Patent and Trademark Office provides notice to the 
     owner of record of the patent, or its agent, under subsection 
     (c) of the amount of tax imposed. Unless such payment is made 
     within such 60 days, a patent term extension pursuant to a 
     request under section 156(i) of title 35, United States Code, 
     shall not become effective and no tax shall be due under this 
     section.
       ``(e) Tax Payment Not Available for Obligation.--Taxes 
     received under this section are not available for 
     obligation.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 36 of such Code is amended by adding after the item 
     relating to subchapter D the following new item:

   ``subchapter e. tax on patent term extensions granted pursuant to 
                     certain extension requests.''.

       (c) Amendment.--Section 156 of title 35, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(i) Acceptance of Filings in Certain Cases.--The Director 
     shall accept an application under this section that was filed 
     not later than 3 business days after the expiration of the 
     60-day period provided in subsection (d)(1) if the owner of 
     record of the patent, or its agent, submits a request to the 
     Director to proceed under this subsection not later than 5 
     business days after the expiration of that 60-day period. An 
     application accepted by the Director under this subsection 
     shall be treated as if it had been filed within the period 
     specified in subsection (d)(1).''.
       (d) Technical and Conforming Amendments.--
       (1) Section 156(d)(1) of title 35, United States Code, is 
     amended in the second sentence, by inserting ``or subsection 
     (i)'' after ``paragraph (5)''.
       (2) Section 156 (e)(2) of title 35, United States Code, is 
     amended by inserting ``or before a request under subsection 
     (i) respecting the application is resolved'' after 
     ``respecting the application'' and inserting ``certificate of 
     extension'' after ``such''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to any application for a patent term 
     extension pursuant to section 156 of title 35, United States 
     Code--
       (A) that is made on or after the date of the enactment of 
     this Act, or
       (B) that, on the date of the enactment of this Act, is 
     pending, that is described in section 4491(b)(1)(A) of the 
     Internal Revenue Code of 1986 as added by subsection (a) of 
     this section, or as to which a decision denying the 
     application is subject to judicial review on such date.
       (2) Treatment of certain applications.--In the case of any 
     application described in paragraph (1)(B), the 5-business-day 
     period specified in section 156(i) of title 35, United States 
     Code, as added by subsection (c) of this section, shall be 
     deemed to begin on the date of the enactment of this Act, 
     and, if the original term of the patent to be extended has 
     expired, any extension or interim extension of the term of 
     the patent granted pursuant to a request under section 156(i) 
     of title 35, United States Code, shall be effective from the 
     original expiration date of the patent.

                          ____________________