[Congressional Record Volume 157, Number 137 (Thursday, September 15, 2011)]
[Senate]
[Pages S5690-S5692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 610. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 602 proposed by Mr. Reid to the joint resolution H.J. Res. 
66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONSOLIDATING UNNECESSARY DUPLICATIVE AND 
                   OVERLAPPING GOVERNMENT PROGRAMS.

       Notwithstanding any other provision of law, not later than 
     150 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the heads of the relevant department and 
     agencies to--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline Government programs and agencies 
     with duplicative and overlapping missions identified in the 
     March 2011 Government Accountability Office report to 
     Congress, entitled ``Opportunities to Reduce Potential 
     Duplication in Government Programs, Save Tax Dollars, and 
     Enhance Revenue'' (GAO-11-318SP) and apply the savings 
     towards deficit reduction;
       (2) identify and report to Congress any legislative changes 
     required to further eliminate, consolidate, or streamline 
     Government programs and agencies with duplicative and 
     overlapping missions identified in the March 2011 Government 
     Accountability Office report to Congress, entitled 
     ``Opportunities to Reduce Potential Duplication in Government 
     Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-
     318SP);
       (3) determine the total cost savings that shall result to 
     each agency, office, and department from the actions 
     described in paragraph (1); and
       (4) rescind from the appropriate accounts the amount 
     greater of--
       (A) $7,000,000,000; or
       (B) the total amount of cost savings estimated by paragraph 
     (3).
                                 ______
                                 
  SA 611. Mr. COBURN submitted an amendment intended to be proposed to 
amendmdent SA 602 proposed by Mr. Reid to the joint resolution H.J. 
Res. 66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONSOLIDATING UNNECESSARY DUPLICATIVE, OVERLAPPING, 
                   AND INEFFECTIVE GOVERNMENT PROGRAMS.

       Notwithstanding any other provision of law, not later than 
     150 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the heads of the relevant departments and 
     agencies, including the Secretary of the Department of Labor, 
     the Secretary of the Department of Health and Human Services, 
     and the Secretary of Education, to--
       (1) use available administrative authority to consolidate 
     Government employment and training programs with duplicative 
     and overlapping missions identified in the 2011 Government 
     Accountability Office reports to Congress, entitled 
     ``Opportunities to Reduce Potential Duplication in Government 
     Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-
     318SP) and ``Multiple Employment and Training Programs: 
     Providing Information on Consolidating Services and 
     Consolidating Administrative Structures Could Promote 
     Efficiencies'' (GAO-11-92), including the Department of 
     Health and Human Services' Temporary Assistance for Needy 
     Families (TANF) and the Department of Labor's Employment 
     Service and Workforce Investment Act (WIA) Adult programs, 
     and apply the savings towards deficit reduction;
       (2) reduce by no less than 10 percent the excessive 
     administrative costs of Government employment and training 
     services identified in the 2011 Government Accountability 
     Office reports to Congress, entitled ``Opportunities to 
     Reduce Potential Duplication in Government Programs, Save Tax 
     Dollars, and Enhance Revenue'' (GAO-11-318SP) and ``Multiple 
     Employment and Training Programs: Providing Information on 
     Consolidating Services and Consolidating Administrative 
     Structures Could Promote Efficiencies'' (GAO-11-92), 
     including the $160,000,000 spent by the Temporary Assistance 
     for Needy Families program to administer employment and 
     training services and the $56 million spent by the Department 
     of Labor to administer the WIA Adult program, including the 
     approximately $4,000 spent for each WIA Adult participant who 
     receives training services, and apply the savings towards 
     deficit reduction;
       (3) eliminate, as part of the consolidation described in 
     paragraph (1), Government employment and training programs 
     that have not demonstrated effectiveness in documenting a 
     high rate of participants entering full-time employment or 
     obtaining other positive job-related outcomes, such as 
     increased wage or promotion;
       (4) identify and report to Congress any legislative changes 
     required to further eliminate, consolidate, streamline, and 
     reduce administrative costs of Government employment and 
     training programs with duplicative and overlapping missions 
     identified in the March 2011 Government Accountability Office 
     report to Congress, entitled ``Opportunities to Reduce 
     Potential Duplication in Government Programs, Save Tax 
     Dollars, and Enhance Revenue'' (GAO-11-318SP);
       (5) determine the total cost savings that shall result to 
     each department and program from the actions described in 
     paragraphs (1), (2), and (3); and
       (6) rescind from the appropriate accounts of the Department 
     of Labor and the Department of Health and Human Services the 
     amount greater of--
       (A) $7,000,000,000; or
       (B) the total amount of cost savings estimated under 
     paragraph (5).
                                 ______
                                 
  SA 612. Mr. COBURN submitted an amendment intended to be proposed to 
amendmdent SA 602 proposed by Mr. Reid to the joint resolution H.J. 
Res. 66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003; which was ordered to lie on 
the table; as follows:

       At the appropriate place insert the following:

     SEC. ___. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET 
                   INCREASE IN SPENDING.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $28,000,000,000 in 
     appropriated discretionary funds are hereby rescinded.
       (b) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under subsection (a) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (c) Exception.--This section shall not apply to the 
     unobligated funds of the Department of Defense, the 
     Department of Veterans Affairs, or the Social Security 
     Administration.
                                 ______
                                 
  SA 613. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 602 proposed by Mr. Reid to the joint resolution H.J. Res. 
66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003; as follows:

       On page 12, between lines 11 and 12, insert the following:

                                TITLE VI

                                 OFFSET

       Sec. 601. (a) All unobligated balances made available to 
     the United States Agency for International Development for 
     foreign assistance programs for fiscal year 2011 are 
     rescinded.
       (b) There is rescinded on a pro rata base from the 
     unobligated balances made available to the Department of 
     State for fiscal 2011 an amount equal to the difference 
     obtained by subtracting--
       (1) the amount rescinded under subsection (a); from
       (2) the amount appropriated under this division.
                                 ______
                                 
  SA 614. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 66, approving the 
renewal of import restrictions contained in the Burmese Freedom and 
Democracy Act of 2003; which was ordered to lie on the table; as 
follows:

       After section 2, insert the following:

     SEC. 3. EXEMPTION.

       The reconstruction process of any road, highway, or bridge 
     that is in operation or under construction when damaged by a 
     natural disaster, including a flood, and reconstructed in the 
     same location shall be exempt from any environmental review 
     under--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (3) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetlands); and

[[Page S5691]]

       (9) any Federal law (including regulations) requiring no 
     net loss of wetlands.
                                 ______
                                 
  SA 615. Mr. SANDERS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 602 proposed by Mr. 
Reid to the joint resolution H.J. Res. 66, approving the renewal of 
import restrictions contained in the Burmese Freedom and Democracy Act 
of 2003; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HIGHWAY EMERGENCY RELIEF.

       (a) Definition of Qualifying State.--In this section, the 
     term ``qualifying State'' means a State in which--
       (1) there occurred, during fiscal year 2011, a major 
     disaster or emergency designated by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.); and
       (2) the major disaster or emergency resulted in estimated 
     damages to the Federal-aid highway system in the State in an 
     amount that exceeds an amount equal to twice the total annual 
     apportionment provided to any State under section 104(b) of 
     title 23, United States Code, for fiscal year 2011.
       (b) Exemption.--As determined by the Secretary of 
     Transportation--
       (1) in the case of a qualifying State, notwithstanding 
     section 120(e) of title 23, United States Code, or any other 
     provision of law, the Federal share of the cost of carrying 
     out eligible emergency repairs to minimize damage, protect 
     facilities, or restore essential traffic, and the cost of 
     carrying out permanent restoration work on all Federal-aid 
     highways (as defined in section 101 of title 23, United 
     States Code), affected by the major disaster or emergency in 
     the State using funds made available under section 125 of 
     title 23, United States Code, shall be 100 percent; and
       (2) in the case of any State described in subsection 
     (a)(1), the limitations under section 125(d) of title 23, 
     United States Code, on the maximum amount of funding that may 
     be received by the State shall not apply.
       (c) Additional Funding.--
       (1) In general.--Subject to paragraph (2), there is 
     appropriated, out of money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2012, 
     for an additional amount for the ``Emergency Relief Fund'', 
     authorized under section 125 of title 23, United States Code, 
     for expenses described in subsection (a) of that section 
     resulting from a major disaster (as defined in section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122), $2,500,000,000, to remain 
     available until expended.
       (2) Budget control authority.--The amount made available by 
     paragraph (1) is designated by Congress as being for disaster 
     relief pursuant to section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177).
                                 ______
                                 
  SA 616. Mr. SANDERS (for himself, Mr. Leahy and Mr. Lautenberg) 
submitted an amendment intended to be proposed to amendment SA 602 
proposed by Mr. Reid to the joint resolution H.J. Res. 66, approving 
the renewal of import restrictions contained in the Burmese Freedom and 
Democracy Act of 2003; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DISASTER ASSISTANCE.

       (a) Definitions.--In this section--
       (1) the term ``covered major disaster'' means the major 
     disaster described in paragraph (2) for a covered State;
       (2) the term ``covered State'' means a State for which the 
     Federal obligations under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     relating to a major disaster during fiscal year 2011 are not 
     less than double the threshold amount applicable to fiscal 
     year 2011 under section 206.47(b) of title 44, Code of 
     Federal Regulations; and
       (3) the term ``major disaster'' means a major disaster 
     declared by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170).
       (b) Increased Federal Share.--Notwithstanding any other 
     provision of law, for assistance under section 403, 406, 407, 
     and 408 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 
     5174) provided in a covered State relating to the covered 
     major disaster for the State, the Federal share of the 
     assistance shall be 100 percent of the eligible costs under 
     such sections.
       (c) Mitigation Assistance.--Notwithstanding the second 
     sentence of section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)), for 
     a covered State that has a mitigation plan approved by the 
     Administrator of the Federal Emergency Management Agency 
     under section 322 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5165), the total of 
     contributions in the covered State under such section 404 for 
     the covered major disaster shall not exceed 20 percent of the 
     estimated aggregate amount of grants to be made (less any 
     associated administrative costs) in the State under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act with respect to the covered major disaster.
                                 ______
                                 
  SA 617. Mr. LAUTENBERG (for himself, Mr. Leahy, Mr. Sanders, Mr. 
Menendez, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed to amendment SA 602 proposed by Mr. Reid to the joint 
resolution H.J. Res. 66, approving the renewal of import restrictions 
contained in the Burmese Freedom and Democracy Act of 2003; which was 
ordered to lie on the table; as follows:

       On page 4, line 18, strike ``$135,000,000'' and insert 
     ``$500,000,000''.
                                 ______
                                 
  SA 618. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 602 proposed by Mr. Reid to the joint resolution H.J. 
Res. 66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003; which was ordered to lie on 
the table; as follows:

       On page 12, between lines 11 and 12, insert the following:

                      TITLE VI--GENERAL PROVISIONS

     SEC. 601. NO REIMBURSEMENT REQUIRED FOR COVERED TORNADO 
                   SHELTER FACILITIES.

       (a) In General.--Notwithstanding any other provision of 
     law, the Federal Emergency Management Agency (in this section 
     referred to as ``FEMA'') shall not require an educational 
     institution Public Assistance applicant to reimburse FEMA for 
     the market value of a covered temporary tornado shelter 
     facility when the facility is no longer needed for its 
     temporary purpose.
       (b) Definitions.--In this section the following definitions 
     apply:
       (1) Covered temporary tornado shelter facility.--The term 
     ``covered temporary tornado shelter facility'' means a 
     structure--
       (A) designed to provide children protection from a tornado; 
     and
       (B) constructed or acquired with Federal financial 
     assistance.
       (2) Educational institution.--The term ``educational 
     institution'' means any elementary school or any secondary 
     school that is an eligible applicant for FEMA assistance 
     pursuant to section 403 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170b).
                                 ______
                                 
  SA 619. Mr. LEAHY (for himself, Mr. Sanders, Mr. Lautenberg, Mrs. 
Gillibrand, and Mr. Conrad) submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 66, approving the 
renewal of import restrictions contained in the Burmese Freedom and 
Democracy Act of 2003; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. EMERGENCY RELIEF FUND.

       (a) Funding.--There is appropriated, out of money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2012, for an additional amount for the 
     ``Emergency Relief Fund'', authorized under section 125 of 
     title 23, United States Code, for expenses described in 
     subsection (a) of such section resulting from a major 
     disaster (as defined in section 102(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)), $2,500,000,000, to remain available until 
     expended: Provided, That such amount is designated by 
     Congress as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177).
       (b) Disaster-related Repair Work.--
       (1) Definition of qualifying state.--In this subsection, 
     the term ``qualifying State'' means a State in which a major 
     disaster or emergency was designated by the President under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       (2) Exemptions.--As determined by the Secretary of 
     Transportation, in the case of a qualifying State--
       (A) notwithstanding section 120(e) of title 23, United 
     States Code, or any other provision of law, the Federal share 
     of the cost of carrying out eligible emergency repairs to 
     minimize damage, protect facilities, or restore essential 
     traffic, and the cost of carrying out permanent restoration 
     work on all Federal-aid highways (as defined in section 101 
     of title 23, United States Code), affected by the major 
     disaster or emergency in the State using funds made available 
     under section 125 of title 23, United States Code, shall be 
     100 percent; and
       (B) the limitations under section 125(d) of title 23, 
     United States Code, on the maximum amount of funding that may 
     be received by a State shall not apply.
                                 ______
                                 
  SA 620. Mr. CONRAD (for himself, Mr. Leahy, Mr. Lautenberg, Mrs. 
Gillibrand, Mr. Menendez, Mr. Sanders, and Mr. Hoeven) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 66, approving the renewal of import restrictions contained in the 
Burmese Freedom and Democracy Act of 2003;

[[Page S5692]]

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

       On page 10, line 14, strike ``$100,000,000'' and insert 
     ``$1,000,000,000''.
                                 ______
                                 
  SA 621. Mr. PAUL proposed an amendment to the bill H.R. 2887, to 
provide an extension of surface and air transportation programs, and 
for other purposes; as follows:

       On page 38, line 24, strike ``(d)'' and insert the 
     following:
       (d) Limitation on Highway Trust Fund Expenditures.--
     Notwithstanding any other provision of law, the amount 
     authorized to be expended or transferred during a fiscal year 
     from the Highway Trust Fund, established under section 9503 
     of the Internal Revenue Code of 1986, may not exceed the 
     amount appropriated, transferred, or otherwise made available 
     to the Highway Trust Fund during such fiscal year, based on 
     estimates made by the Congressional Budget Office.
       (e)
                                 ______
                                 
  SA 622. Mr. PAUL proposed an amendment to the bill H.R. 2887, to 
provide an extension of surface and air transportation programs, and 
for other purposes; as follows:

       At the end of title II, add the following:

     SEC. 210. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL 
                   AVIATION ADMINISTRATION AT FISCAL YEAR 2008 
                   LEVELS.

       Notwithstanding the provisions of, or amendments made by, 
     this title, or any other provision of law, there are 
     authorized to be appropriated to the Federal Aviation 
     Administration for the period beginning on September 17, 
     2011, and ending on January 31, 2012, for all purposes (other 
     than for the Airport and Airway Trust Fund established under 
     section 9502 of the Internal Revenue Code of 1986) amounts 
     not to exceed the amounts authorized to be appropriated to 
     the Administration for the period beginning on September 17, 
     2007, and ending on January 31, 2008, for such purposes.

                          ____________________