[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17041-17047]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1412. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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:

     SEC. 556. GOVERNMENT NEUTRALITY IN CONTRACTING.

       (a) Purposes.--It is the purpose of this section to--
       (1) promote and ensure open competition on Federal and 
     federally funded or assisted construction projects;
       (2) maintain Federal Government neutrality towards the 
     labor relations of Federal Government contractors on Federal 
     and federally funded or assisted construction projects;
       (3) reduce construction costs to the Federal Government and 
     to the taxpayers;
       (4) expand job opportunities, especially for small and 
     disadvantaged businesses; and
       (5) prevent discrimination against Federal Government 
     contractors or their employees based upon labor affiliation 
     or the lack thereof, thereby promoting the economical, 
     nondiscriminatory, and efficient administration and 
     completion of Federal and federally funded or assisted 
     construction projects.
       (b) Preservation of Open Competition and Federal Government 
     Neutrality.--
       (1) Prohibition.--
       (A) General rule.--The head of each executive agency that 
     awards any construction contract after the date of enactment 
     of this Act, or that obligates funds pursuant to such a 
     contract, shall ensure that the agency, and any construction 
     manager acting on behalf of the Federal Government with 
     respect to such contract, in its bid specifications, project 
     agreements, or other controlling documents does not--
       (i) require or prohibit a bidder, offeror, contractor, or 
     subcontractor from entering into, or adhering to, agreements 
     with 1 or more labor organization, with respect to that 
     construction project or another related construction project; 
     or
       (ii) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--

       (I) became a signatory, or otherwise adhered to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (II) refused to become a signatory, or otherwise adhere to, 
     an agreement with 1 or more labor organization with respect 
     to that construction project or another related construction 
     project.

       (B) Application of prohibition.--The provisions of this 
     subsection shall not apply to contracts awarded prior to the 
     date of enactment of this Act, and subcontracts awarded 
     pursuant to such contracts regardless of the date of such 
     subcontracts.
       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a contractor or subcontractor 
     from voluntarily entering into an agreement described in such 
     subparagraph.
       (2) Recipients of grants and other assistance.--The head of 
     each executive agency that awards grants, provides financial 
     assistance, or enters into cooperative agreements for 
     construction projects after the date of enactment of this 
     Act, shall ensure that--
       (A) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     recipient of a grant or financial assistance, or by the 
     parties to a cooperative agreement, do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A); or
       (B) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     construction manager acting on behalf of a recipient or party 
     described in subparagraph (A), do not contain any of the 
     requirements or prohibitions described in clause (i) or (ii) 
     of paragraph (1)(A).
       (3) Failure to comply.--If an executive agency, a recipient 
     of a grant or financial assistance from an executive agency, 
     a party to a cooperative agreement with an executive agency, 
     or a construction manager acting on behalf of such an agency, 
     recipient or party, fails to comply with paragraph (1) or 
     (2), the head of the executive agency awarding the contract, 
     grant, or assistance, or entering into the agreement, 
     involved shall take such action, consistent with law, as the 
     head of the agency determines to be appropriate.
       (4) Exemptions.--
       (A) In general.--The head of an executive agency may exempt 
     a particular project, contract, subcontract, grant, or 
     cooperative agreement from the requirements of 1 or more of 
     the provisions of paragraphs (1) and (2) if the head of such 
     agency determines that special circumstances exist that 
     require an exemption in order to avert an imminent threat to 
     public health or safety or to serve the national security.
       (B) Special circumstances.--For purposes of subparagraph 
     (A), a finding of ``special circumstances'' may not be based 
     on the possibility or existence of a labor dispute concerning 
     contractors or subcontractors that are nonsignatories to, or 
     that otherwise do not adhere to, agreements with 1 or more 
     labor organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.
       (C) Additional exemption for certain projects.--The head of 
     an executive agency, upon application of an awarding 
     authority, a recipient of grants or financial assistance, a 
     party to a cooperative agreement, or a construction manager 
     acting on behalf of any of such entities, may exempt a 
     particular project from the requirements of any or all of the 
     provisions of paragraphs (1) or (3), if the agency head 
     finds--
       (i) that the awarding authority, recipient of grants or 
     financial assistance, party to a cooperative agreement, or 
     construction manager acting on behalf of any of such entities 
     had issued or was a party to, as of the date of the enactment 
     of this Act, bid specifications, project agreements, 
     agreements with one or more labor organizations, or other 
     controlling documents with respect to that particular 
     project, which contained any of the requirements or 
     prohibitions set forth in paragraph (1)(A); and
       (ii) that one or more construction contracts subject to 
     such requirements or prohibitions had been awarded as of the 
     date of the enactment of this Act.
       (5) Federal acquisition regulatory council.--With respect 
     to Federal contracts to which this section applies, not later 
     than 60 days after the date of enactment of this Act, the 
     Federal Acquisition Regulatory Council shall take appropriate 
     action to amend the Federal Acquisition Regulation to 
     implement the provisions of this subsection.
       (6) Definitions.--In this subsection:
       (A) Construction contract.--The term ``construction 
     contract'' means any contract for the construction, 
     rehabilitation, alteration, conversion, extension, or repair 
     of buildings, highways, or other improvements to real 
     property.
       (B) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code, except that such term shall not include the 
     Government Accountability Office.
       (C) Labor organization.--The term ``labor organization'' 
     has the meaning given such term in section 701(d) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
                                 ______
                                 
  SA 1413. Mr. SHELBY (for himself, Mr. Dodd, and Mr. Reed) submitted 
an amendment intended to be proposed to amendment SA 1373 proposed by 
Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to 
the bill H.R. 2892, making appropriations for the Department of 
Homeland Security 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, after line 18, insert the following:
       Sec. ___.  None of the funds in this Act provided for 
     public transportation security assistance under section 1406 
     of the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (Public Law 110-53) shall require a cost share. 
     Such public transportation security assistance shall be 
     provided directly to public transportation agencies.
                                 ______
                                 
  SA 1414. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year

[[Page 17042]]

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. __. LABOR CONDITION APPLICATION.

       Section 424(a)(1) of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447), which amends 212(n)(2)(G) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), is 
     amended--
       (1) in clause (i) of the quoted material, by striking ``if 
     the Secretary of Labor has reasonable cause to believe'' and 
     all that follows and inserting ``with regard to the 
     employer's compliance with the requirements under this 
     subsection.'';
       (2) in clause (ii), by striking ``and whose identity is 
     known'' and all that follows through ``failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements under this subsection.'';
       (3) in clause (iii), by striking the last sentence;
       (4) by striking clauses (iv) and (v);
       (5) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (6) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (7) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure the 
     compliance of the employer with the requirements under this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (8) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (9) by inserting before the end quote the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary shall 
     impose a penalty under subparagraph (C).
                                 ______
                                 
  SA 1415. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.

       Section 403(a)(3)(A) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended--
       (1) by striking ``The person'' and inserting the following:
       ``(i) Upon hiring.--The person''; and
       (2) by adding at the end the following:
       ``(ii) Existing employees.--An employer that elects to 
     verify the employment eligibility of existing employees shall 
     verify the employment eligibility of all such employees not 
     later than 10 days after notifying the Secretary of Homeland 
     Security of such election.''.
                                 ______
                                 
  SA 1416. Mr. PRYOR (for himself, Mr. Hatch, Mr. Coburn, and Mr. 
Corker) submitted an amendment intended to be proposed to amendment SA 
1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and 
Mrs. Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security 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:

     SEC. 556. DEFINITION OF SWITCHBLADE.

       Subsection (b) of the first section of the Act entitled 
     ``An Act to prohibit the introduction, or manufacture for 
     introduction, into interstate commerce of switchblade knives, 
     and for other purposes'' (commonly known as the Federal 
     Switchblade Act) (15 U.S.C. 1241(b)) is amended to read as 
     follows:
       ``(b) The term `switchblade knife' means any knife having a 
     blade which opens automatically by hand pressure applied to a 
     button or other device in the handle of the knife.''.
                                 ______
                                 
  SA 1417. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security 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. __.  The Secretary of Homeland Security shall 
     promulgate regulations that amend section 235.1(f)(v) of 
     title 8, Code of Federal Regulations, as in effect on the 
     date of the enactment of this Act, to permit Mexican 
     nonimmigrant aliens admitted into the United States to visit 
     within the State of New Mexico (within 100 miles of the 
     international border between the United States and Mexico 
     border) for a period not to exceed 30 days without filling 
     out an Arrival-Departure Record (I-94 Form) if the alien--
       (1) is not required to present a visa and a passport under 
     section 212.1(c)(1); and
       (2) is admitted at the Columbus, Santa Teresa, or the 
     Antelope Wells ports-of-entry in the State of New Mexico.
                                 ______
                                 
  SA 1418. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

       Strike all after the resolving clause and insert the 
     following:
       That it is the sense of the Senate that--
       (1) the Federal Government is only a temporary stakeholder 
     in the American automotive industry and should take all 
     possible steps to protect American taxpayer dollars and 
     divest its ownership interests in such companies as 
     expeditiously as possible; and
       (2) the Comptroller General of the United States, the 
     Congressional Oversight Panel, and the Special Inspector 
     General for the Troubled Assets Relief Program will continue 
     to oversee and report to Congress on automotive companies 
     receiving financial assistance so that the Federal Government 
     may complete divestiture without delay.
                                 ______
                                 
  SA 1419. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

       Strike the preamble and insert the following:
       Whereas the United States is facing a deep economic crisis 
     that has caused millions of American workers to lose their 
     jobs;
       Whereas the collapse of the American automotive industry 
     would have dealt a devastating blow to an already perilous 
     economy;
       Whereas on December 19, 2008, President George W. Bush 
     stated: ``The actions I'm announcing today represent a step 
     that we wish were not necessary. But given the situation, it 
     is the most effective and responsible way to address this 
     challenge facing our Nation. By giving the auto companies a 
     chance to restructure, we will shield the American people 
     from a harsh economic blow at a vulnerable time and we will 
     give American workers an opportunity to show the world, once 
     again, they can meet challenges with ingenuity and 
     determination, and bounce back from tough times and emerge 
     stronger than before.'';
       Whereas on March 30, 2009, President Barack Obama stated: 
     ``We cannot, and must not, and we will not let our auto 
     industry simply vanish. This industry is like no other--it's 
     an emblem of the American spirit; a once and future symbol of 
     America's success. It's what helped build the middle class 
     and sustained it throughout the 20th century. It's a source 
     of deep pride for the generations of American workers whose 
     hard work and imagination led to some of the finest cars the 
     world has ever known. It's a pillar of our economy that has 
     held up the dreams of millions of our people . . . . These 
     companies--and this industry--must ultimately stand on their 
     own, not as wards of the state.'';

[[Page 17043]]

       Whereas the Federal Government is a reluctant shareholder 
     in General Motors Corporation and Chrysler Motors LLC in 
     order to provide economic stability to the Nation;
       Whereas the Federal Government will work to protect the 
     investment of the American taxpayers;
       Whereas the Federal Government will not intervene in the 
     day-to-day management of General Motors or Chrysler; and
       Whereas the Federal Government shall closely monitor 
     General Motors and Chrysler to ensure that they are 
     responsible stewards of taxpayer dollars and take all 
     possible steps to expeditiously return to viability: Now, 
     therefore, be it
                                 ______
                                 
  SA 1420. Mr. NELSON of Nebraska (for himself, Ms. Collins, Ms. 
Landrieu, Mr. Lieberman, Ms. Klobuchar, and Mrs. McCaskill) submitted 
an amendment intended to be proposed by him to the resolution S. Res. 
175, expressing the sense of the Senate that the Federal Government is 
a reluctant shareholder in the ownership of General Motors and 
Chrysler; which was referred to the Committee on Banking, Housing, and 
Urban Affairs; as follows:

         Amend the title so as to read: ``A resolution expressing 
     the sense of the Senate that the investment by the Federal 
     Government in the American automotive industry is 
     temporary.''.
                                 ______
                                 
  SA 1421. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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:
       Sec. 556.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant any immigration benefit unless--
       (1) a background check is completed on the alien who 
     requests the immigration benefit;
       (2) all the results of such background check have been 
     received and reviewed by United States Citizenship and 
     Immigration Services; and
       (3) the results of such background check do not preclude 
     the granting of such immigration benefit.
                                 ______
                                 
  SA 1422. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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) Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the congressional committees set 
     forth in subsection (b) that provides details about--
       (1) additional Border Patrol sectors that should be 
     utilizing Operation Streamline programs; and
       (2) resources needed from the Department of Homeland 
     Security and the Department of Justice to increase the 
     effectiveness of Operation Streamline programs at some Border 
     Patrol sectors and to utilize such programs at additional 
     sectors.
       (b) The congressional committees set forth in this 
     subsection are--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives;
       (4) the Committee on the Judiciary of the House of 
     Representatives;
       (5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (6) the Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 1423. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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, line 10, insert ``: Provided further, That 
     amounts provided under this heading shall be used to complete 
     not fewer than 330 miles of at least double-layer fencing 
     along the southwest border'' before the period at the end.
                                 ______
                                 
  SA 1424. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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, strike lines 20 through 25, and insert the 
     following:
       (1) $970,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount made 
     available under this paragraph, $80,000,000 shall be for 
     Operation Stonegarden: Provided further, That the amount 
     appropriated under title I for departmental management and 
     operations is hereby reduced by $20,000,000.
                                 ______
                                 
  SA 1425. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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:

     SEC. 556. GRANTS FOR INDIAN TRIBES.

       (a) Grants Authorized.--The Secretary of Homeland Security 
     may award grants to eligible Indian tribes with lands 
     adjacent to an international border of the United States that 
     have been adversely affected by illegal immigration, 
     smuggling, and drug trafficking.
       (b) Eligibility.--An Indian tribe is eligible to receive a 
     grant under this section if the Indian tribe provides 
     officials of the Department of Homeland Security with--
       (1) access to independent districts within an Indian tribe 
     with land adjacent to an international border of the United 
     States for placement of equipment;
       (2) authority to construct adequate patrol roads on tribal 
     lands; and
       (3) authority to install necessary physical barriers on 
     tribal lands.
       (c) Use of Grant Funds.--Grants awarded under this section 
     shall be used in areas in which the recipient tribe is 
     cooperating with the Department of Homeland to support--
       (1) law enforcement;
       (2) border security; and
       (3) environmental and tribal preservation efforts, if 
     necessary.
       (d) Appropriation.--There is appropriated $5,000,000 for 
     grants under this section.
       (e) Offset.--The amount appropriated under title I for 
     departmental management and operations is hereby reduced by 
     $5,000,000.
                                 ______
                                 
  SA 1426. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 10, strike line 6 and all that follows through page 
     11, line 22 and insert the following:

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; $5,390,100,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $305,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline and anti-child exploitation activities; of which not 
     less than $5,400,000 shall be used to facilitate agreements 
     consistent with section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)); and of which not to 
     exceed $11,216,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled aliens 
     unlawfully present in the United States: Provided, That none 
     of the funds made available under this heading shall be 
     available to compensate any employee for overtime in an 
     annual amount in excess of $35,000, except that the 
     Secretary, or the designee of the Secretary, may waive that 
     amount as necessary for national security purposes and in 
     cases of

[[Page 17044]]

     immigration emergencies: Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities in 
     fiscal year 2010 to enforce laws against forced child labor, 
     of which not to exceed $6,000,000 shall remain available 
     until expended: Provided further, That of the total amount 
     available, not less than $1,000,000,000 shall be available to 
     identify aliens convicted of a crime, and who may be 
     deportable, and to remove them from the United States once 
     they are judged deportable: Provided further, That the 
     Secretary, or the designee of the Secretary, shall report to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, at least quarterly, on progress 
     implementing the preceding proviso, and the funds obligated 
     during that quarter to make that progress: Provided further, 
     That funding made available under this heading shall maintain 
     a level of not less than 34,400 detention beds through 
     September 30, 2010: Provided further, That of the total 
     amount provided, not less than $2,569,180,000 is for 
     detention and removal operations, including transportation of 
     unaccompanied minor aliens: Provided further, That of the 
     total amount provided, $6,800,000 shall remain available 
     until September 30, 2011, for the Visa Security Program:  
     Provided further, That nothing under this heading shall 
     prevent U.S. Immigation and Customs Enforcement from 
     exercising those authorities provided under immigration laws 
     (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))) during priority 
     operations pertaining to aliens convicted of a crime: 
     Provided further, That the amount appropriated under title I 
     for departmental management and operations is hereby reduced 
     by $30,000,000.
                                 ______
                                 
  SA 1427. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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, strike line 15 and all that follows through 
     page 32, line 11, and insert the following:

                        state and local programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $3,097,200,000 shall be allocated as follows:
       (1) $950,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
     by this paragraph, $60,000,000 shall be for Operation 
     Stonegarden.
       (2) $887,000,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $20,000,000 shall be for grants to 
     organizations (as described under section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary of Homeland 
     Security to be at high risk of a terrorist attack.
       (3) $35,000,000 shall be for Regional Catastrophic 
     Preparedness Grants.
       (4) $40,000,000 shall be for the Metropolitan Medical 
     Response System under section 635 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 723).
       (5) $15,000,000 shall be for the Citizen Corps Program.
       (6) $356,000,000 shall be for Public Transportation 
     Security Assistance, Railroad Security Assistance, and Over-
     the-Road Bus Security Assistance under sections 1406, 1513, 
     and 1532 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 
     1163, and 1182), of which not less than $25,000,000 shall be 
     for Amtrak security, and not less than $6,000,000 shall be 
     for Over-the-Road Bus Security Assistance.
       (7) $350,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107.
       (8) $50,000,000 shall be for Buffer Zone Protection Program 
     Grants.
       (9) $50,000,000 shall be allocated for grants, contracts, 
     cooperative agreements and other such activities under the 
     Driver's License Security Grants Program, pursuant to section 
     204(a) of the REAL ID Act of 2005 (division B of Public Law 
     109-13) or 232(b)(15) of the Homeland Security Act of 2002 (6 
     U.S.C. 162(b)(15)).
       (10) $30,000,000 shall be allocated for the establishment 
     of cooperative exchange of electronic vital event 
     verification information among the State Motor Vehicle 
     Administrators and carried out by the Secretary of Homeland 
     Security, with the concurrence of the Secretary of Health and 
     Human Services, and in consultation with State vital 
     statistics offices and appropriate Federal agencies: 
     Provided, That the amount appropriated under title I for 
     departmental management and operations is hereby reduced by 
     $30,000,000.
                                 ______
                                 
  SA 1428. Mr. HATCH (for himself, Mr. Menendez, Mr. Nelson of Florida, 
and Mrs. Gillibrand) submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 77, between lines 16 and 17, insert the following:

     SEC. 556. IMMIGRATION PROVISIONS.

       (a) Special Immigrant Nonminister Religious Worker 
     Program.--
       (1) Extension.--Section 101(a)(27)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101 
     (a)(27)(C)(ii)), as amended by section 2(a) of the Special 
     Immigrant Nonminister Religious Worker Program Act (Public 
     Law 110-391), is amended by striking ``September 30, 2009'' 
     each place such term appears and inserting ``September 30, 
     2012''.
       (2) Study and plan.--Not later than the earlier of 90 days 
     after the date of the enactment of this Act or March 30, 
     2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that includes--
       (A) the results of a study conducted under the supervision 
     of the Director to evaluate the Special Immigrant Nonminister 
     Religious Worker Program to identify the risks of fraud and 
     noncompliance by program participants; and
       (B) a detailed plan that describes the actions to be taken 
     by the Department of Homeland Security against noncompliant 
     program participants and future noncompliant program 
     participants.
       (3) Progress report.--Not later than the earlier of 90 days 
     after the submission of the report under subsection (b) or 
     June 30, 2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that describes the 
     progress made in reducing the number of noncompliant 
     participants of the Special Immigrant Nonminister Religious 
     Worker Program.
       (b) Conrad State 30 J-1 Visa Waiver Program.--Section 
     220(c) of the Immigration and Nationality Technical 
     Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2012''.
       (c) Relief for Orphans and Spouses of United States 
     Citizens.--
       (1) Amendment.--Section 201(b)(2)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
       (A) by inserting ``or, if married to such citizen for less 
     than 2 years at the time of the citizen's death, an alien who 
     proves by a preponderance of the evidence that the marriage 
     was entered into in good faith and not solely for the purpose 
     of obtaining an immigration benefit'' after ``for at least 2 
     years at the time of the citizen's death''; and
       (B) by adding at the end the following: ``For purposes of 
     this subsection, an alien who was the child or parent of a 
     citizen of the United States on the date of the citizen's 
     death shall be considered to remain an immediate relative 
     after such date if the alien parent files a petition under 
     section 204(a)(1)(A)(ii) not later than 2 years after such 
     date or the alien child files such a petition before reaching 
     21 years of age.''.
       (2) Procedure for granting immigrant status.--Section 
     204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(ii)) is amended by adding at the end of 
     the following: ``An alien parent or child described in the 
     fourth sentence of section 201(b)(2)(A)(i) also may file a 
     petition with the Attorney General under this subparagraph 
     for classification of the alien under such section.''.
       (3) Special rule for orphans and spouses.--In applying 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act, as amended by paragraph (1), to an alien whose citizen 
     relative died before the date of the enactment of this Act, 
     the alien relative may file the classification petition under 
     section 204(a)(1)(A)(ii) of such Act not later than 2 years 
     after the date of the enactment of this Act.
       (4) Eligibility for parole.--If an alien was excluded, 
     deported, removed, or departed voluntarily before the date of 
     the enactment of this Act based solely upon the alien's lack 
     of classification as an immediate relative (as defined in 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act) due to the death of the alien's citizen relative--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of such Act (8 U.S.C. 
     1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (d) Adjustment of Status.--
       (1) Surviving spouses, parents, and children.--Section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255) is 
     amended by adding at the end the following:

[[Page 17045]]

       ``(n) Application for Adjustment of Status by Surviving 
     Spouses, Parents, and Children.--
       ``(1) In general.--An alien described in paragraph (2) who 
     applies for adjustment of status before the death of the 
     qualifying relative may have such application adjudicated as 
     if such death had not occurred.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(B) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203); or
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)).''.
       (2) Refugees.--Section 209(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1259(b)) is amended by adding at 
     the end the following ``An alien who is the spouse or child 
     of a refugee (as described in section 207(c)(2)) or an asylee 
     (as described in section 208(b)(3) who applies for adjustment 
     of status before the death of a qualifying relative may have 
     such application adjudicated as if such death had not 
     occurred.''.
       (3) Affidavit of support by joint sponsor.--Section 
     212(a)(4)(C)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(4)(C)(ii)) is amended by inserting ``, or if 
     the petitioning relative has died, a joint sponsor (as 
     described in section 213A(f)(2)) has executed an affidavit of 
     support with respect to such alien, in accordance with 
     section 213A'' before the period at the end.
       (e) Transition Period.--
       (1) In general.--Notwithstanding a denial of an application 
     for adjustment of status for an alien whose qualifying 
     relative died before the date of the enactment of this Act, 
     such application may be renewed by the alien through a motion 
     to reopen, without fee, if such motion is filed not later 
     than 2 years after such date of enactment.
       (2) Eligibility for parole.--If an alien described in 
     section 245(n)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1255(n)(2)) was excluded, deported, removed, or 
     departed voluntarily before the date of the enactment of this 
     Act based solely upon the alien's lack of classification as a 
     relative or beneficiary due to the death of the alien's 
     relative--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Attorney General's discretionary 
     authority under section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (f) Processing of Immigrant Visas and Derivative 
     Petitions.--
       (1) In general.--Section 204(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(b)) is amended--
       (A) by striking ``After an investigation'' and inserting 
     the following:
       ``(1) In general.--After an investigation''; and
       (B) by adding at the end the following:
       ``(2) Death of qualifying relative.--
       ``(A) Pending petitions.--Any alien described in 
     subparagraph (C) whose qualifying relative died after filing 
     a petition (or, in the case of a refugee or asylee, after 
     filing a relative petition), may have such petition or 
     immigrant visa application adjudicated as if such death had 
     not occurred.
       ``(B) Approved petitions where an immigrant visa has been 
     issued.--An immigrant visa or relative petition shall remain 
     valid notwithstanding the death of the qualifying relative.
       ``(C) Alien described.--An alien described in this 
     subparagraph is an alien who is--
       ``(i) an immediate relative (as described in section 
     201(b)(2)(A));
       ``(ii) a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(iii) a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(iv) the spouse or child of a refugee (as described in 
     section 207(c)(2)) or an asylee (as described in section 
     208(b)(3)).''.
       (2) Approved petitions.--Section 205 of the Immigration and 
     Nationality Act (8 U.S.C. 1155) is amended by adding at the 
     end the following: ``The death of a petitioner or primary 
     beneficiary shall not constitute good and sufficient cause to 
     revoke the approval of any petition.''.
       (3) Transition period.--
       (A) In general.--Notwithstanding a denial or revocation of 
     an application for an immigrant visa for an alien whose 
     qualifying relative died before the date of the enactment of 
     this Act, such application may be renewed by the alien 
     through a motion to reopen, without fee, if such motion is 
     filed not later than 2 years after such date of enactment.
       (B) Inapplicability of bars to entry.--Notwithstanding 
     section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)), an alien's application for an immigrant 
     visa shall be considered if the alien was excluded, deported, 
     removed, or departed voluntarily before the date of the 
     enactment of this Act.
       (g) Naturalization.--Section 319(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1430(a)) is amended by inserting 
     ``(or, if the spouse is deceased, the spouse was a citizen of 
     the United States)'' after ``citizen of the United States''.
       (h) Reduction of Immigrant Visa Numbers.--For purposes of 
     applying the numerical limitations in sections 201 and 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1151 and 1153), 
     aliens granted adjustment of status or immigrant visas under 
     this section, or the amendments made by this section, shall 
     be subject to the numerical limitations contained in such 
     sections 201 and 203, except that--
       (1) the total number of visas made available for aliens 
     whose qualifying relative died more than 10 years before the 
     date of the enactment of this Act shall not exceed 100; and
       (2) aliens described in the amendment made by subsection 
     (c)(1)(A) shall be given priority for receiving such visas.
       (i) Effective Date.--The amendments made by this section 
     shall apply to all petitions or applications described in 
     such amendments that--
       (1) are pending as of the date of the enactment of this 
     Act; or
       (2) have been denied, but would have been approved if such 
     amendments had been in effect at the time of adjudication of 
     the petition or application.
                                 ______
                                 
  SA 1429. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 67, beginning on line 4, strike all through line 14 
     and insert the following:
       Sec. 534.  None of the funds made available in this Act or 
     any other Act for U.S. Customs and Border Protection or any 
     other agency may be used to prevent an individual not in the 
     business of importing a prescription drug (within the meaning 
     of section 801(g) of the Federal Food, Drug, and Cosmetic 
     Act) from importing a prescription drug from Canada that 
     complies with the Federal Food, Drug, and Cosmetic Act: 
     Provided, That the prescription drug may not be--
                                 ______
                                 
  SA 1430. Mr. SANDERS (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security 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. ___. FIREFIGHTER ASSISTANCE GRANTS AND RECRUITMENT AND 
                   RETENTION GRANTS.

       For an additional amount for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) under the heading ``firefighter assistance 
     grants'' under the heading ``Federal Emergency and Management 
     Agency'' under title III there are appropriated $100,000,000, 
     of which $50,000,000 shall be available to carry out section 
     33 of that Act (15 U.S.C. 2229) and $50,000,000 shall be 
     available to carry out section 34 of that Act (15 U.S.C. 
     2229a) : Provided, That of the $50,000,000 made available 
     under this section to carry out section 34 of that Act (15 
     U.S.C. 2229a), $20,000,000 shall be available for recruitment 
     and retention grants under that section. The total amount of 
     appropriations under the heading ``research, development, 
     acquisition, and operations'' under the heading ``Science and 
     Technology'' under title IV of this Act is reduced by 
     $100,000,000.
                                 ______
                                 
  SA 1431. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 3, line 13, insert ``: Provided, That of the total 
     amount appropriated under this heading not more than 
     $55,235,000 may be expended or obligated, unless not later 
     than 180 days after the date of enactment of this Act the 
     Department of Homeland Security implements the 
     recommendations outlined in the Independent Auditor's Report 
     contained within the Department of Homeland Security's Office 
     of Inspector General's report # OIG-09-72, dated May 2009'' 
     before the period.
                                 ______
                                 
  SA 1432. Mr. KYL (for himself and Mr. McCain) proposed an amendment 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 33, line 10, strike ``no less'' and all that 
     follows through ``Montana;'' on line 12.

[[Page 17046]]


                                 ______
                                 
  SA 1433. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security 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:


       proper awarding of incentive fees for contract performance

       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
                                 ______
                                 
  SA 1434. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security 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:


                          competitive bidding

       Sec. __.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be used to make any payment in 
     connection with a contract unless the contract is awarded 
     using competitive procedures in accordance with the 
     requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant unless the process used to award 
     such grant uses competitive procedures to select the grantee 
     or award recipient.
                                 ______
                                 
  SA 1435. Mr. PRYOR (for himself, Mr. Hatch, and Mr. Corker) submitted 
an amendment intended to be proposed to amendment SA 1373 by Mr. Reid 
(for Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill 
H.R. 2892, making appropriations for the Department of Homeland 
Security 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:
       Sec. 556.  None of the funds appropriated by this Act may 
     be used by U.S. Customs and Border Protection to prohibit the 
     importation of certain knives with spring-assisted opening 
     mechanisms.
                                 ______
                                 
  SA 1436. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security 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:

     SEC. 556. IMPLEMENTATION OF THE POST-KATRINA EMERGENCY 
                   MANAGEMENT REFORM ACT OF 2006.

       For an additional amount under the heading ``management and 
     administration'' under the heading ``Federal Emergency 
     Management Agency'' under title III of this Act, there is 
     appropriated $35,000,000 for implementation of the 
     requirements of the Post-Katrina Emergency Management Reform 
     Act of 2006 (Public Law 109-295; 120 Stat. 1395), and the 
     amendments made by that Act. The total amount of 
     appropriations under the heading ``disaster relief'' under 
     the heading ``Federal Emergency Management Agency'' under 
     title III of this Act is reduced by $35,000,000.
                                 ______
                                 
  SA 1437. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 4, line 15, insert ``: Provided further, That of 
     the total amount appropriated under this heading, $22,100,000 
     shall be available to ensure the capability of the United 
     States Secret Service to communicate securely with the White 
     House Communications Agency'' before the period.
                                 ______
                                 
  SA 1438. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security 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) Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall implement a demonstration program that is consistent 
     with the technology acquisition and dissemination plan 
     submitted under section 7201(c) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
     Stat. 3810) to test the feasibility of using existing 
     automated document authentication technology at select 
     immigration benefit offices, and ports of entry to determine 
     the effectiveness of such technology in detecting fraudulent 
     travel documents and reducing the ability of terrorists to 
     enter the United States.
       (b) From amounts appropriated under the heading ``U.S. 
     Customs and Border Protection'' and under the subheading 
     ``salaries and expenses'', not more than $1,000,000 may be 
     expended to carry out the demonstration program described in 
     subsection (a).
       (c) Not later than 90 days after the date on which the 
     demonstration program under subsection (a) is completed, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees (as defined in section 
     2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))) 
     a report on the results of the demonstration program.
                                 ______
                                 
  SA 1439. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security 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. ___. FLORIDA LONG-TERM RECOVERY OFFICE.

       None of the funds made available under this Act may be used 
     to close the long-term recovery office of the Federal 
     Emergency Management Agency located in Florida until 60 days 
     after the date on which the Administrator of the Federal 
     Emergency Management Agency--
       (1) determines that there are insufficient recovery 
     activities to be performed at the office relating to the 
     hurricanes that affected Florida during 2004 and 2005; and
       (2) notifies the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives regarding the closure of the office.
                                 ______
                                 
  SA 1440. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland security 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. ___. INVESTIGATIONS INVOLVING FEDERAL ASSISTANCE 
                   PROGRAMS AND FINANCIAL INSTITUTIONS.

       For an additional amount under the heading ``salaries and 
     expenses'' under the heading ``United States Secret Service'' 
     under title II there is appropriated $10,000,000 for 
     investigations involving Federal assistance programs and 
     financial institutions, including the enforcement of laws 
     relating to mortgage fraud, as authorized under section 3(d) 
     of the Fraud Enforcement Recovery Act of 2009 (Public Law 
     111-21; 123 Stat. 1620). The total amount of appropriations 
     under the heading ``Office of the Secretary and Executive 
     Management'' under title I of this Act is reduced by 
     $10,000,000.
                                 ______
                                 
  SA 1441. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, 
Mr. Inouye, and Mrs. Murray)) to the bill H.R. 2892, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 40, line 3, insert ``: Provided further, That none 
     of the funds made available under the preceding proviso may 
     be expended, unless the Administrator of the Federal 
     Emergency Management Agency designates New Jersey Task Force 
     1 as part of the National Urban Search and Rescue Response 
     System'' before the period.
                                 ______
                                 
  SA 1442. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2892, making appropriations for the Department 
of Homeland Security for the fiscal year

[[Page 17047]]

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. __. FLOOD MAP AND FLOOD RISK PROJECTS.

       (a) Findings.--Congress finds that--
       (1) Risk MAP products are very important on many fronts 
     because the products are used by insurance companies, State 
     and local governments, and the Federal Government, to develop 
     improved understandings of flood risk and other hazard 
     information to mitigate loss;
       (2) local regions have unique characteristics and flooding 
     issues that are best understood by local companies who have 
     worked on flood maps in the region;
       (3) the intimate understanding of a region helps local 
     companies produce a superior product;
       (4) small and medium-sized businesses form the backbone of 
     the economy, providing more net new jobs than large 
     companies; and
       (5) current unemployment rates combined with a severe 
     economic slowdown make it even more important to foster small 
     and medium-sized businesses.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Federal Emergency Management Agency should ensure 
     that small and medium-sized businesses with local expertise 
     be allowed to continue flood map and flood risk projects 
     within the region small businesses currently hold Indefinite 
     Delivery/Indefinite Quantity contracts.
                                 ______
                                 
  SA 1443. Mr. DODD (for himself, Mr. Lieberman, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 1373 
proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. Inouye, and Mrs. 
Murray)) to the bill H.R. 2892, making appropriations for the 
Department of Homeland Security 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:

     SEC. 556. FIRE GRANTS.

       For an additional amount under the heading ``firefighter 
     assistance grants'' under the heading ``Federal Emergency 
     Management Agency'' under title III of this Act, there is 
     appropriated $10,000,000 for grants under section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229). The total amount of appropriations under the heading 
     ``aviation security'' under the heading ``Transportation 
     Security Administration'' under title II of this Act, the 
     amount for screening operations and the amount for explosives 
     detection systems under the first proviso under that heading, 
     and the amount for the purchase and installation of 
     explosives detection systems under the second proviso under 
     that heading are reduced by $10,000,000.
                                 ______
                                 
  SA 1444. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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:
       Sec. 556.  None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security for fiscal 
     year 2010 may be used to enforce Coast Guard or other 
     regulations with respect to fishing guides and other 
     operations of uninspected vessels on Lake Texoma.
                                 ______
                                 
  SA 1445. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2892, making appropriations for the Department of 
Homeland Security 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. __. NONNAVIGABILITY OF LAKE TEXOMA.

       For purposes of the jurisdiction of the Coast Guard, Lake 
     Texoma, in the States of Texas and Oklahoma, is declared not 
     to be navigable waters of the United States.
                                 ______
                                 
  SA 1446. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr. 
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations 
for the Department of Homeland Security 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:
       Sec. __. (a) Exemption of Fishing Guides and Other 
     Operators of Uninspected Vessels on Lake Texoma From Cot 
     Guard and Other Regulations.--
       (1) Exemption of state licensees from coast guard 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are licensed by the State in which they are 
     operating shall not be subject to any requirement established 
     or administered by the Coast Guard with respect to that 
     operation.
       (2) Exemption of coast guard licensees from state 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are currently licensed by the Coast Guard to 
     conduct such activities shall not be subject to State 
     regulation for as long as the Coast Guard license for such 
     activities remains valid.
       (b) State Requirements Not Affected.--Except as provided in 
     subsection (a)(2), this section does not affect any 
     requirement under State law or under any license issued under 
     State law.
       Sec. __.  Section 70105(b)(2)(B) of title 46, United States 
     Code, is amended by inserting ``and serving under the 
     authority of such license, certificate of registry, or 
     merchant mariners document on a vessel for which the owner or 
     operator of such vessel is required to submit a vessel 
     security plan under section 70103(c) of this title'' before 
     the semicolon.
                                 ______
                                 
  SA 1447. Mr. CORNYN (for himself, Mr. Pryor, Mr. Hatch, Mr. Vitter, 
Mr. Risch, Mr. Chambliss, Mr. Corker, Mr. Enzi, Mr. Barrasso, Mr. 
Graham, Mr. Roberts, Mr. Wyden, and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 1373 proposed by Mr. Reid (for 
Mr. Byrd (for himself, Mr. Inouye, and Mrs. Murray)) to the bill H.R. 
2892, making appropriations for the Department of Homeland Security 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, add the following:

     SEC. 556. DEFINITION OF SWITCHBLADE KNIVES.

       Section 4 of the Act entitled ``An Act to prohibit the 
     introduction, or manufacture for introduction, into 
     interstate commerce of switchblade knives, and for other 
     purposes'' (commonly known as the Federal Switchblade Act) 
     (15 U.S.C. 1244) is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; or'' and
       (3) by adding at the end the following:
       ``(5) a knife that contains a spring, detent, or other 
     mechanism designed to create a bias toward closure of the 
     blade and that requires exertion applied to the blade by 
     hand, wrist, or arm to overcome the bias toward closure to 
     assist in opening the knife.''.

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