[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7386-S7388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 930. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 927 proposed by Mr. Reid (for Mr. Tester (for himself, 
Mrs. Murray, Mr. Baucus, Ms. Stabenow, Mr. Brown of Ohio, Mr. Reid, Mr. 
Akaka, Ms. Cantwell, Mr. Leahy, Mr. Casey, Mr. Coons, Mr. Menendez, Mr. 
Kerry, Mr. Lautenberg, Mr. Merkley, Mr. Sanders, Mrs. Shaheen, Mr. 
Bennet, Mr. Webb, Mr. Begich, Ms. Landrieu, Mr. Schumer, and Mr. Brown 
of Massachusetts)) to the bill H.R. 674, to amend the Internal Revenue 
Code of 1986 to repeal the imposition of 3 percent withholding on 
certain payments made to vendors by government entities, to modify the 
calculation of modified adjusted gross income for purposes of 
determining eligibility for certain healthcare-related programs, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GRANTS FOR EMERGENCY MEDICAL SERVICES PERSONNEL 
                   TRAINING FOR VETERANS.

       Section 330J(c)(8) of the Public Health Service Act (42 
     U.S.C. 254c-15(c)(8)) is amended by inserting before the 
     period the following: ``, including, as provided by the 
     Secretary, may use funds to provide to military veterans 
     required coursework and training that take into account, and 
     are not duplicative of, previous medical coursework and 
     training received when such veterans were active members of 
     the Armed Forces, to enable such veterans to satisfy 
     emergency medical services personnel certification 
     requirements, as determined by the appropriate State 
     regulatory entity''.
                                 ______
                                 
  SA 931. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 88, between lines 19 and 20, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Internal Revenue Service to implement, 
     enforce, or otherwise administer the medical device tax under 
     section 4191 of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 932. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 88, between lines 19 and 20, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Internal Revenue Service to implement, 
     enforce, or otherwise administer the Federal employer mandate 
     under sections 1513 and 1514 and subsections (e), (f), and 
     (g) of section 10106 of the Patient Protection and Affordable 
     Care Act (Public Law 111-148) (and the amendments made by 
     such sections and subsections).
                                 ______
                                 
  SA 933. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 88, between lines 19 and 20, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Internal Revenue Service to implement, 
     enforce, or otherwise administer the Federal employer mandate 
     under sections 1513 and 1514 and subsections (e), (f), and 
     (g) of section 10106 of the Patient Protection and Affordable 
     Care Act (Public Law 111-148) (and the amendments made by 
     such sections and subsections) without first receiving 
     certification from the Bureau of Labor Statistics, in 
     consultation with the Office of Management and Budget and the 
     Chief Actuary of the Centers for Medicare and Medicaid 
     Services, that this mandate will not lead to a decrease in 
     private sector employment or wages.
                                 ______
                                 
  SA 934. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 479, strike line 17 and all that follows 
     through line 15 on page 480, and insert the following:


                              prohibition

       Sec. __. None of the funds appropriated or otherwise made 
     available by this Act for population planning activities or 
     other population assistance may be made available to any 
     foreign nongovernmental organization that promotes or 
     performs abortion, except in cases of rape or incest or when 
     the life of the mother would be endangered if the fetus were 
     carried to term.
                                 ______
                                 
  SA 935. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
        Sec. ___. None of the funds appropriated or otherwise made 
     available under this Act may be used on or after the date of 
     enactment of this Act for performance-based compensation for 
     senior executives at the Federal National Mortgage 
     Association or the Federal Home Loan Mortgage Corporation 
     (referred to collectively in this section as the 
     ``agencies'') during any period of conservatorship for the 
     agencies, unless such compensation is based solely on--
       (1) the achievement of a reduction in the exposure of the 
     taxpayer to mortgage credit loss; and
       (2) the reduction of mortgage credit exposure of the 
     agencies.
                                 ______
                                 
  SA 936. Mr. CORKER submitted an amendment intended to be proposed by

[[Page S7387]]

him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       None of the funds appropriated or otherwise made available 
     under this Act may be used to implement or otherwise carry 
     out any provision of section 404(b) of the Sarbanes-Oxley Act 
     of 2002 (15 U.S.C. 7262) with respect to an issuer of 
     securities having total market capitalization for the 
     relevant reporting period of less than $500,000,000, or an 
     issuer of securities having total market capitalization for 
     the relevant reporting period of greater than $500,000,000 
     but less than $1,000,000,000 that has opted out of complying 
     with section 404(b) by consent of its shareholders by 
     majority vote.
                                 ______
                                 
  SA 937. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 494, between lines 3 and 4, insert the following:
       Sec. 8004. (a) Repeal of CLASS Program.--Title XXXII of the 
     Public Health Service Act (42 U.S.C. 300ll et seq.; relating 
     to the CLASS program) is repealed.
       (b) Conforming Changes.--
       (1) Title VIII of the Patient Protection and Affordable 
     Care Act (Public Law 111-148; 124 Stat. 119, 846-847) is 
     repealed.
       (2) Section 1902(a) of the Social Security Act (42 U.S.C. 
     1396a(a)) is amended--
       (A) by striking paragraphs (81) and (82);
       (B) in paragraph (80), by inserting ``and'' at the end; and
       (C) by redesignating paragraph (83) as paragraph (81).
       (3) Paragraphs (2) and (3) of section 6021(d) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) are 
     amended to read as such paragraphs were in effect on the day 
     before the date of the enactment of section 8002(d) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148). Of the funds appropriated by paragraph (3) of such 
     section 6021(d), as amended by the Patient Protection and 
     Affordable Care Act, the unobligated balance is rescinded.
                                 ______
                                 
  SA 938. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 481, after line 21, insert the following:
       Sec. 7088.  None of the amounts appropriated or otherwise 
     made available by this division shall be obligated or 
     expended to negotiate a United Nations Arms Trade Treaty that 
     in any way restricts the rights of United States citizens 
     under the second amendment to the Constitution of the United 
     States, or that otherwise regulates domestic manufacture, 
     assembly, possession, use, transfer, or purchase of firearms, 
     ammunition, or related items, including small arms, light 
     weapons, or related materials.
                                 ______
                                 
  SA 939. Mr. BARRASSO (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 88, between lines 18 and 19, insert the following:
       Sec. 1__.  None of the funds made available by this or any 
     other Act making funds available for energy and water 
     development may be used by the Corps of Engineers to develop, 
     adopt, implement, administer, or enforce a change or 
     supplement to the rule entitled ``Final Rule for Regulatory 
     Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 
     (November 13, 1986)) (as in effect on the date of enactment 
     of this Act), or to the guidance documents entitled ``Advance 
     Notice of Proposed Rulemaking on the Clean Water Act 
     Regulatory Definition of `Waters of the United States' '' (68 
     Fed. Reg. 1991 (January 15, 2003)), and ``Clean Water Act 
     Jurisdiction Following the U.S. Supreme Court's Decision in 
     `Rapanos v. United States & Carabell v. United States' '' 
     (December 2, 2008) (as in effect on that date of enactment), 
     relating to the definition of waters under the jurisdiction 
     of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.).
                                 ______
                                 
  SA 940. Mr. McCONNELL (for Mr. McCain (for himself, Mr. Rockefeller, 
Mr. Johanns, Mr. Barrasso, Mr. Enzi, Ms. Murkowski, Mrs. McCaskill, Mr. 
Begich, Mr. Coburn, Mr. Thune, Mr. Blunt, and Mr. Heller)) submitted an 
amendment intended to be proposed by Mr. McConnell to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       In title I of Division B, insert after section 117 the 
     following:
        Sec. 118. Notwithstanding any other provision of law, none 
     of the funds appropriated or otherwise made available by this 
     or any other Act may be used to pay compensation for senior 
     executives at the Federal National Mortgage Association or 
     Federal Home Loan Mortgage Corporation in the form of 
     bonuses, during any period of conservatorship for those 
     entities on or after the date of enactment of this Act.
                                 ______
                                 
  SA 941. Mr. UDALL of New Mexico (for himself, Mr. Heller, Mr. 
Bingaman, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed by him to the bill H.R. 2354, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VII of division B, add the following:
       Sec. 746. (a) Amendments to the Aviation Smuggling 
     Provisions of the Tariff Act of 1930.--Section 590 of the 
     Tariff Act of 1930 (19 U.S.C. 1590) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Definition of Aircraft.--As used in this section, the 
     term `aircraft' includes an ultralight vehicle, as defined by 
     the Administrator of the Federal Aviation Administration.''.
       (b) Criminal Penalties.--Subsection (d) of section 590 of 
     the Tariff Act of 1930 (19 U.S.C. 1590(d)) is amended in the 
     matter preceding paragraph (1) by inserting ``, or attempts 
     or conspires to commit,'' after ``commits''.
       (c) Effective Date.--The amendments made by this section 
     apply with respect to violations of any provision of section 
     590 of the Tariff Act of 1930 on or after the 30th day after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 942. Ms. CANTWELL (for Mr. Wicker) proposed an amendment to the 
bill S. 363, to authorize the Secretary of Commerce to convey property 
of the National Oceanic and Atmospheric Administration to the City of 
Pascagoula, Mississippi, and for other purposes; as follows:

       Beginning on page 4, strike line 6, after ``able'', through 
     line 11 and insert the following: ``to the Secretary, subject 
     to appropriation, for activities related to the operations 
     of, or capital improvements to, property of the 
     Administration.''.
                                 ______
                                 
  SA 943. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of division B, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     the amount of offsetting collections authorized for salaries 
     and expenses for the Federal Communications Commission shall 
     not exceed $319,004,000.
                                 ______
                                 
  SA 944. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the amendment, insert the following:

                     TITLE ___NO BUDGET, NO PAY ACT

     SEC. 01. SHORT TITLE.

       This title may be cited as the ``No Budget, No Pay Act''.

     SEC. 02. DEFINITION.

       In this title, the term ``Member of Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.

     SEC. 03. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year, the pay of each Member of Congress may not be 
     paid for each day following that October 1 until the date on 
     which both Houses of Congress approve a concurrent resolution 
     on the budget for that fiscal year.

     SEC. 04. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairperson of the Committee on the Budget of the Senate or 
     the

[[Page S7388]]

     Chairperson of the Committee on the Budget of the House of 
     Representatives under section 05.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairperson of 
     the Committee on the Budget of the Senate or the Chairperson 
     of the Committee on the Budget of the House of 
     Representatives under section 05, at any time after the end 
     of that period.

     SEC. 05. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairperson of the Committee on the Budget of the Senate for 
     certification of determinations made under paragraph (2) (A) 
     and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the Senate shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairperson of 
     the Committee on the Budget of the House of Representatives 
     for certification of determinations made under paragraph (2) 
     (A) and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the House of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraph (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. 06. EFFECTIVE DATE.

       This title shall take effect on February 1, 2013.

                          ____________________