[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[Senate]
[Pages 11798-11800]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4976. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert at the appropriate place the following:

[[Page 11799]]



                    TITLE __PROHIBITION ON EARMARKS

     SEC. _01. PROHIBITION ON EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes an earmark of funds provided or made available by 
     this Act.
       (b) Definition.--In this section, the term ``earmark'' 
     means a provision or report language included primarily at 
     the request of a Senator or a Member of the House of 
     Representatives providing, authorizing, or recommending a 
     specific amount of discretionary budget authority, credit 
     authority, or other spending authority for a contract, loan, 
     loan guarantee, grant, loan authority, or other expenditure 
     with or to an entity, or targeted to a specific State, 
     locality, or Congressional district, other than through a 
     statutory or administrative formula-driven or competitive 
     award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       (d) Prohibition on Extra Legislative Earmarks.--None of the 
     funds provided or made available by this Act shall be 
     committed, obligated, or expended at the request of Members 
     of Congress or their staff through oral or written 
     communication for projects, programs, or grants to an entity, 
     or targeted to a specific State, locality or Congressional 
     district, other than through a statutory or administrative 
     formula-driven or competitive award process.
                                 ______
                                 
  SA 4977. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert at the appropriate to place the following:

                    TITLE __PROHIBITION ON EARMARKS

     SEC. _01. PROHIBITION ON EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes an earmark of funds provided or made available by 
     this Act.
       (b) Definition.--In this section, the term ``earmark'' 
     means a provision or report language included primarily at 
     the request of a Senator or a Member of the House of 
     Representatives providing, authorizing, or recommending a 
     specific amount of discretionary budget authority, credit 
     authority, or other spending authority for a contract, loan, 
     loan guarantee, grant, loan authority, or other expenditure 
     with or to an entity, or targeted to a specific State, 
     locality, or Congressional district, other than through a 
     statutory or administrative formula-driven or competitive 
     award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
                                 ______
                                 
  SA 4978. Mr. REID (for Mr. Biden (for himself, Mr. Lugar, Mr. 
Menendez, and Mr. Hagel)) submitted an amendment intended to be 
proposed to amendment SA 4825 proposed by Mrs. Boxer (for herself, Mr. 
Warner, and Mr. Lieberman) to the bill S. 3036, to direct the 
Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 44, line 10, strike ``; and'' and insert a 
     semicolon.
       On page 44, line 11, strike the period at the end and 
     insert ``; and''.
       On page 44, between lines 11 and 12, insert the following:
       (vi) the Committee on Financial Services.
       On page 44, line 14, strike ``subsection (c)(1)'' and 
     insert ``subsection (d)(1)''.
       On page 44, strike lines 18 through 20 and insert the 
     following:
       (A) is eligible to receive official development assistance 
     according to the guidelines of the Development Assistance 
     Committee of the Organization for Economic Cooperation and 
     Development; and
       On page 45, between lines 8 and 9, insert the following:
       (4) Fund.--The term ``Fund'' means the International Clean 
     Energy Deployment Fund established under subsection (c)(1).
       On page 45, line 9, strike ``(4)'' and insert ``(5)''.
       On page 45, between lines 17 and 18, insert the following:
       (c) International Clean Energy Deployment Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``International 
     Clean Energy Deployment Fund''.
       (2) Use of funds.--All amounts in the Fund shall be made 
     available, without further appropriation or fiscal year 
     limitation, for purposes of this section.
       On page 45, line 18, strike ``(c)'' and insert ``(d)''.
       On page 46, line 23, strike ``; and'' and insert a 
     semicolon.
       On page 47, line 2, strike the period at the end and insert 
     a semicolon.
       On page 47, between lines 2 and 3, insert the following:
       (D) no single country receives more than 15 percent of the 
     funds awarded during any 3-year period; and
       (E) assistance is targeted at reducing or eliminating the 
     increased costs associated with deploying clean technologies 
     in place of traditional technologies.
       Beginning on page 47, strike line 6 and all that follows 
     through page 48, line 2, and insert the following:
       (5) Form of assistance.--
       (A) In general.--Consistent with Federal and international 
     intellectual property law, assistance under this subsection 
     shall be provided--
       (i) as direct assistance in the form of grants, 
     concessional loans, cooperative agreements, contracts, 
     insurance, or loan guarantees to or with qualified entities;
       (ii) as indirect assistance to such entities through--

       (I) funding for international clean technology funds 
     supported by multilateral institutions;
       (II) support from development and export promotion 
     assistance programs of the United States Government; or
       (III) support from international technology programs of the 
     Department of Energy; or

       (iii) in such other forms as the Board may determine 
     appropriate.
       (B) Oversight by the secretary of the treasury of 
     assistance for multilateral trust funds.--In the case of 
     assistance provided under subparagraph (A)(ii)(I) for a clean 
     technology fund or similar fund that is a multilateral trust 
     fund based at the World Bank, the Secretary of the Treasury 
     shall use the voice, vote, and influence of the United States 
     to ensure that the assistance is used in accordance with the 
     purposes of this section.
       On page 48, beginning on line 20, strike ``emissions 
     through Federal or State engagement'' and insert the 
     following: ``emissions in eligible countries.
       (C) Funding for Federal or State engagement
       On page 49, beginning on line 10, strike ``the date that is 
     30 days after the date on which the Board submits'' and 
     insert ``30 days after submitting''.
       On page 50, line 15, strike ``(d)'' and insert ``(e)''.
       On page 50, lines 17 and 18, strike ``President'' and 
     insert ``Board''.
       On page 50, line 24, strike ``President'' and insert 
     ``Board''.
       On page 51, line 6, strike ``; and'' and insert a 
     semicolon.
       On page 51, line 15, strike the period at the end and 
     insert ``; and''.
       On page 51, between lines 15 and 16, insert the following:
       (C) such information as may be necessary to provide for the 
     evaluation, not less frequently than once every three years, 
     of the performance of each international clean technology 
     fund provided assistance pursuant to paragraph (5)(A)(ii)(I).
       On page 51, line 16, strike ``(e)'' and insert ``(f)''.
       On page 51, line 24, strike ``(f)'' and insert ``(g)''.
       On page 52, line 3, strike ``(g)'' and insert ``(h)''.
       On page 439, line 10, strike ``; and'' and insert a 
     semicolon.
       On page 439, line 11, strike the period at the end and 
     insert ``; and''.
       On page 439, between lines 11 and 12, insert the following:
       (vi) the Committee on Financial Services.
       On page 439, line 14, strike ``President'' and insert 
     ``Board''.
       On page 439, strike lines 15 through 17 and insert the 
     following:
       (A) is eligible to receive official development assistance 
     according to the guidelines of the Development Assistance 
     Committee of the Organization for Economic Cooperation and 
     Development; and
       On page 439, line 24, strike ``President'' and insert 
     ``Board''.
                                 ______
                                 
  SA 4979. Mr. NELSON of Florida (for himself, Mr. Hagel, Mr. Sessions, 
and Mrs. Murray) submitted an amendment intended to be proposed by him 
to the bill S. 3001, to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VI, add the following:

[[Page 11800]]



     SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1),''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.

                          ____________________