[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 19830-19837]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1865. Mr. CORKER submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

  At the appropriate place, insert the following:

[[Page 19831]]



     SEC. __. AUTHORITY OF THE SECRETARY OF THE TREASURY TO 
                   DELEGATE TARP ASSET MANAGEMENT; CREATION OF 
                   MANAGEMENT AUTHORITY FOR AUTOMOBILE 
                   MANUFACTURERS ASSISTED UNDER TARP.

       (a) Authority To Designate Management.--Section 106(b) of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5216(b)) is amended by inserting before the period at the end 
     the following: ``, and the Secretary may delegate such 
     management authority to a private entity, as the Secretary 
     determines appropriate, with respect to any entity assisted 
     under this Act''.
       (b) Federal Assistance Limited.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 
     2008, or any other provision of law, no funds may be expended 
     under the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343) or to carry out the Advanced Technology 
     Vehicles Manufacturing Incentive Program established under 
     section 136 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17013) on or after the date of enactment of 
     this Act, until the Secretary of the Treasury transfers all 
     voting, nonvoting, and common equity in any designated 
     automobile manufacturer to a limited liability company 
     established by the Secretary for such purpose, to be held and 
     managed in trust on behalf of the United States taxpayers.
       (c) Appointment of Trustees.--
       (1) In General.--The President shall appoint 3 independent 
     trustees to manage the equity held in the trust, separate and 
     apart from the United States Government.
       (2) Criteria.--Trustees appointed under this subsection
       (A) may not be elected or appointed Government officials;
       (B) shall serve at the pleasure of the President, and may 
     be removed for just cause in violation of their fiduciary 
     responsibilities only; and (C) shall serve without 
     compensation for their services under his section.
       (d) Duties of Trust.--Pursuant to protecting the interests 
     and investment of the United States taxpayer, the trust 
     established under this section shall, with the purpose of 
     maximizing the profitability of the designated automobile 
     manufacturers
       (1) exercise the voting rights of the shares of the 
     taxpayer on all core governance issues;
       (2) select the representation on the boards of directors of 
     any designated automobile manufacturer; and
       (3) have a fiduciary duty to the American taxpayer for the 
     maximization of the return on the investment of the taxpayer 
     made under the Emergency Economic Stabilization Act of 2008, 
     in the same manner and to the same extent that any director 
     of an issuer of securities has with respect to its 
     shareholders under the securities laws and all applications 
     of State law.
       (e) Liquidation.--The trustees shall liquidate the trust 
     established under this section, including the assets held by 
     such trust, not later than December 24, 2011.
       (f) Definitions.--As used in this section--
       (1) the term ``designated automobile manufacturer'' means 
     an entity organized under the laws of a State, the primary 
     business of which is the manufacture of automobiles, and any 
     affiliate thereof, if such automobile manufacturer--
       (A) has received funds under the Emergency Economic 
     Stabilization Act of 2008 (Public Law 110-343), or funds were 
     obligated under that Act, before the date of enactment of 
     this Act; and
       (B) has filed for bankruptcy protection under chapter 11 of 
     title 11, United States Code, during the 90-day period 
     preceding the date of enactment of this Act;
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and (3) the terms 
     ``director'', ``issuer'', ``securities'', and ``securities 
     laws'' have the same meanings as in section 3 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 1866. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 3183, making appropriations for energy and water 
development and related agencies 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. __. REIMBURSEMENT OF AUTOMOBILE DISTRIBUTORS.

       (a) In general.--Notwithstanding any other provision of 
     law, any funds provided by the United States Government, or 
     any agency, department, or subdivision thereof, to an 
     automobile manufacturer or a distributor thereof as credit, 
     loans, financing, advances, or by any other agreement in 
     connection with such automobile manufacturer's or 
     distributor's proceeding as a debtor under title 11, United 
     States Code, shall be conditioned upon use of such funds to 
     fully reimburse all dealers of such automobile manufacturer 
     or manufacturer's distributor for--
       (1) the cost incurred by such dealers in acquisition of all 
     parts and inventory in the dealer's possession as of the date 
     on which the proceeding under title 11, United States Code, 
     by or against the automobile manufacturer or manufacturer's 
     distributor is commenced, on the same basis as if the dealers 
     were terminating pursuant to existing franchise agreements or 
     dealer agreements; and
       (2) all other obligations owed by such automobile 
     manufacturer or manufacturer's distributor under any other 
     agreement between the dealers and the automobile manufacturer 
     or manufacturer's distributor, including, without limitation, 
     franchise agreement or dealer agreements.
       (b) Inclusion in Terms.--Any note, security agreement, loan 
     agreement, or other agreement between an automobile 
     manufacturer or manufacturer's distributor and the Government 
     (or any agency, department, or subdivision thereof) shall 
     expressly provide for the use of such funds as required by 
     this section. A bankruptcy court may not authorize the 
     automobile manufacturer or manufacturer's distributor to 
     obtain credit under section 364 of title 11, United States 
     Code, unless the credit agreement or agreements expressly 
     provided for the use of funds as required by this section.
       (c) Effectiveness of Rejection.--Notwithstanding any other 
     provision of law, any rejection by an automobile manufacturer 
     or manufacturer's distributor that is a debtor in a 
     proceeding under title 11, United States Code, of a franchise 
     agreement, or dealer agreement pursuant to section 365 of 
     that title, shall not be effective until at least 180 days 
     after the date on which such rejection is otherwise approved 
     by a bankruptcy court.
                                 ______
                                 
  SA 1867. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       On page 43, line 16, before the period, insert the 
     following: ``: Provided further, That, in administering 
     amounts made available by prior Act for projects covered by 
     title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 
     et seq.), the Secretary of Energy is required by that title 
     to consider the taxable obligations of low-risk finance 
     programs that substantially reduce or eliminate upfront costs 
     for building owners to renovate or retrofit existing 
     buildings to install energy efficiency or renewable energy 
     technologies eligible for loan guarantees authorized under 
     sections 1703 and 1705 of that Act (42 U.S.C. 16513, 
     16516)''.
                                 ______
                                 
  SA 1868. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 63, after line 23, add the following:
       Sec. 3__.  No funds made available under this Act may be 
     used for the permitting of any liquefied natural gas terminal 
     in the United States if the terminal could liquify and export 
     natural gas from any source located in the United States.
                                 ______
                                 
  SA 1869. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 63, after line 23, add the following:
       Sec. 3__.  No funds made available under this Act may be 
     used for the permitting of any liquefied natural gas terminal 
     in the State of Oregon if the terminal could liquify and 
     export natural gas from any source located in the United 
     States.
                                 ______
                                 
  SA 1870. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water development and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 117.  Of amounts not obligated under title IV of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5), $22,067,000 shall be made available to the Chief of 
     Engineers for the Indian River Lagoon-South Project, Florida.
                                 ______
                                 
  SA 1871. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and

[[Page 19832]]

water development and related agencies 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 11, strike ``$1,924,000,000'' and insert 
     ``$1,946,067,000''.
       On page 5, line 8, strike ``Project.'' and insert the 
     following: ``Project: Provided further, That $22,067,000 
     shall be made available for the Indian River Lagoon-South 
     Project, Florida.''.
                                 ______
                                 
  SA 1872. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water development and related agencies 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 11, strike ``$1,924,000,000'' and insert 
     ``$1,946,067,000''.
       On page 5, line 8, strike ``Project.'' and insert the 
     following: ``Project: Provided further, That $22,067,000 
     shall be made available for the Indian River Lagoon-South 
     Project, Florida.''.
       On page 68, between lines 15 and 16, insert the following:
       Sec. 503.  Notwithstanding any other provision of this Act, 
     each amount provided by this Act is reduced by the pro rata 
     percentage required to reduce the total amount provided by 
     this Act by $22,067,000.
                                 ______
                                 
  SA 1873. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 
3183, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 34, Line 2, after ``that'', insert the following:
       ``$8,000,000 is provided for the National Wind Resource 
     Center: Provided further, That''
                                 ______
                                 
  SA 1874. Mr. NELSON of Nebraska proposed an amendment to amendment SA 
1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       In the appropriate place, insert the following:
       Sec. __. (a) The Senate finds that--
       (1) the United States is facing a deep economic crisis that 
     has caused millions of workers in the United States to lose 
     their jobs;
       (2) the collapse of the automotive industry in the United 
     States would have dealt a devastating blow to an already 
     perilous economy;
       (3) 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.'';
       (4) 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.'';
       (5) the Federal Government is a reluctant shareholder in 
     General Motors Corporation and Chrysler Motors LLC in order 
     to provide economic stability to the United States;
       (6) the Federal Government should work to protect the 
     investment of the taxpayers of the United States;
       (7) the Federal Government should not intervene in the day-
     to-day management of General Motors or Chrysler; and
       (8) the Federal Government should closely monitor General 
     Motors and Chrysler to ensure that they are being responsible 
     stewards of taxpayer dollars and are taking all practicable 
     steps to expeditiously return to viability.
       (b) It is the sense of the Senate that--
       (1) the Federal government is only a temporary stakeholder 
     in the automotive industry of the United States and should 
     take all practicable steps to protect the taxpayer dollars of 
     the United States and to divest the ownership interests of 
     the Federal Government in automotive companies as 
     expeditiously as practicable; and
       (2) the Comptroller General of the United States, the 
     Congressional Oversight Panel, and the Special Inspector 
     General for the Troubled Assets Relief Program should 
     continue to oversee and report to Congress on automotive 
     companies receiving financial assistance so that the Federal 
     Government may complete divestiture without delay.
                                 ______
                                 
  SA 1875. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 685, to require new vessels for carrying 
oil fuel to have double hulls, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 24, line 13, insert ``and'' after the semicolon.
       On page 24, strike lines 14 and 15.
       On page 24, line 16, strike ``(D)'' and insert ``(C)''.
       On page 33, line 7, insert closing quotation marks and a 
     period after ``section.''.
       On page 33, strike lines 8 through 10.
       At the end of the bill add the following:

     SEC. 11. ELIMINATION OF CERTAIN REPORTS.

       (a) Incident Reports of Coast Guard Firing on Vessels 
     without Warning.--Section 205(d) of the Coast Guard and 
     Maritime Transportation Act of 2004 (14 U.S.C. 637 note) is 
     repealed.
       (b) Biannual Area Security Maritime Exercise Program 
     Reports.--Notwithstanding the direction of the House of 
     Representatives Committee on Appropriations on page 60 of 
     Report 109-79 (109th Congress, 1st Session) under the 
     headings ``United States Coast Guard Operating Expenses'' and 
     ``Area Security Maritime Exercise Program'', concerning the 
     submission by the Coast Guard of reports to that Committee on 
     the results of port security terrorism exercises, beginning 
     with October, 2010, the Coast Guard shall submit only 1 such 
     report each year.
                                 ______
                                 
  SA 1876. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water development and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 3, strike line 1 and all that follows 
     through page 6, line 10, and insert the following:

                         construction, general

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $1,926,000,000, to remain available until 
     expended; of which $2,500,000 shall be made available for the 
     Acequias Irrigation System, New Mexico; of which such sums as 
     are necessary to cover the Federal share of construction 
     costs for facilities under the Dredged Material Disposal 
     Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, to cover one-half of the costs of construction, 
     replacement, rehabilitation, and expansion of inland 
     waterways projects (including only Chickamauga Lock, 
     Tennessee; Kentucky Lock and Dam, Tennessee River, Kentucky; 
     Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; 
     Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock 
     and Dam, Illinois and Kentucky; and Emsworth Locks and Dam, 
     Ohio River, Pennsylvania) shall be derived from the Inland 
     Waterways Trust Fund: Provided, That the Chief of Engineers 
     is directed to use $18,000,000 of the funds appropriated 
     herein for the Dallas Floodway Extension, Texas, project, 
     including the Cadillac Heights feature, generally in 
     accordance with the Chief of Engineers report dated December 
     7, 1999: Provided further, That the Chief of Engineers is 
     directed to use $21,750,000 of funds available for the 
     Marlinton, West Virginia Local Protection Project to continue 
     engineering and design efforts, execute a project partnership 
     agreement, and construct the project substantially in 
     accordance with Alternative 1 as described in the Corps of 
     Engineers Final Detailed Project Report and Environmental 
     Impact Statement for Marlinton, West Virginia Local 
     Protection Project dated September 2008: Provided further, 
     That the Federal and non-Federal shares shall be

[[Page 19833]]

     determined in accordance with the ability-to-pay provisions 
     prescribed in section 103(m) of the Water Resources 
     Development Act of 1986, as amended: Provided further, That 
     the Chief of Engineers is directed to use $2,750,000 of the 
     funds appropriated herein for planning, engineering, design 
     or construction of the Grundy, Buchanan County, and Dickenson 
     County, Virginia, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River Project: Provided 
     further, That the Chief of Engineers is directed to use 
     $4,000,000 of the funds appropriated herein to continue 
     planning, engineering, design or construction of the Lower 
     Mingo County, Upper Mingo County, Wayne County, McDowell 
     County, West Virginia, elements of the Levisa and Tug Forks 
     of the Big Sandy River and Upper Cumberland River Project.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $340,000,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund: 
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers is directed to use $10,000,000 
     appropriated herein for construction of water withdrawal 
     features of the Grand Prairie, Arkansas, project.

                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $2,448,000,000, to remain 
     available until expended, of which $2,188,000 shall be made 
     available for the Upper Rio Grande Water Operations Model 
     Study, New Mexico; of which such sums as
                                 ______
                                 
  SA 1877. Mr. WEBB (for himself and Mr. Warner) submitted an amendment 
intended to be proposed to amendment SA 1813 submitted by Mr. Dorgan to 
the bill H.R. 3183, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, line 8, strike ``Project.'' and insert the 
     following:
     Project: Provided further, That $100,000 shall be made 
     available for the Norfolk Harbor, Craney Island, Virginia, 
     project: Provided further, That $900,000 shall be made 
     available for the Norfolk Harbor and Channels (Deepening), 
     Virginia, project.
                                 ______
                                 
  SA 1878. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3183, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in an appropriations Act shall be 
     posted on the public Website of that committee upon receipt 
     by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
                                 ______
                                 
  SA 1879. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 44, line 4, strike ``$293,684,000'' and insert 
     ``$279,884,000''.
                                 ______
                                 
  SA 1880. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3183, making appropriations for energy and water 
development and related agencies 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. __.  Not more than $20,000,000 of the funds made 
     available by this Act may be used to carry out the Nuclear 
     Power 21 demonstration program.
                                 ______
                                 
  SA 1881. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3183, making appropriations for energy and water 
development and related agencies 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. __.  None of the funds made available in this Act may 
     be used to refurbish the Los Alamos Neutron Science Center.
                                 ______
                                 
  SA 1882. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
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 11, strike ``$1,924,000,000'' and insert 
     ``$1,680,000,000''.
                                 ______
                                 
  SA 1883. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3183, making appropriations for energy and water 
development and related agencies 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. __. None of the funds made available in this Act may 
     be used to carry out water and waste water environmental 
     infrastructure projects.
                                 ______
                                 
  SA 1884. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       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 
     the grant uses competitive procedures to select the grantee 
     or award recipient.
                                 ______
                                 
  SA 1885. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1__. BARRIER ISLAND RESTORATION; ECOSYSTEM RESTORATION.

       The matter under the heading ``flood control and coastal 
     emergencies'' under the heading ``Corps of Engineers--Civil'' 
     under the heading ``DEPARTMENT OF THE ARMY'' under the 
     heading ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV of the 
     Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 
     Stat. 1875) is amended, in the second proviso, by striking 
     ``the Mississippi Gulf Coast'' and inserting ``all barrier 
     islands affected by Hurricane Katrina''.
                                 ______
                                 
  SA 1886. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 34, line 7, before the period, insert the 
     following: ``: Provided further, That an additional 
     $100,000,000 shall be used to make grants for energy 
     efficiency improvement and energy sustainability under 
     subsections (c) and (d) of section 399A of the Energy Policy 
     and Conservation Act (42 U.S.C. 6371h-1): Provided further, 
     That the amount made

[[Page 19834]]

     available under the heading `Nuclear Energy' shall be reduced 
     by $100,000,000''.
                                 ______
                                 
  SA 1887. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 37, line 8, before the period, insert the 
     following: ``: Provided further, That, of the amount 
     appropriated in this paragraph, $25,000,000 shall be made 
     available for the Clean Coal Power Initiative Round II''.
                                 ______
                                 
  SA 1888. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1__. PROJECT FOR PERMANENT PUMPS AND CLOSURE STRUCTURES, 
                   LAKE PONTCHARTRAIN, LOUISIANA.

       (a) Definitions.--In this section:
       (1) Project.--The term ``project'' means the project for 
     permanent pumps and closure structures at or near the 
     lakefront at Lake Pontchartrain and modifications to the 17th 
     Street, Orleans Avenue, and London Avenue canals in and near 
     the city of New Orleans that is--
       (A) authorized by the matter under the heading ``General 
     Projects'' in section 204 of the Flood Control Act of 1965 
     (Public Law 89-298; 79 Stat. 1077); and
       (B) modified by--
       (i) the matter under the heading ``flood control and 
     coastal emergencies (including rescission of funds)'' under 
     the heading ``Corps of Engineers--Civil'' under the heading 
     ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF 
     DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 454);
       (ii) section 7012(a)(2) of the Water Resources Development 
     Act of 2007 (Public Law 110-114; 121 Stat. 1279); and
       (iii) the matter under the heading ``flood control and 
     coastal emergencies'' under the heading ``Corps of 
     Engineers--Civil'' under the heading ``DEPARTMENT OF THE 
     ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of 
     chapter 3 of title III of the Supplemental Appropriations 
     Act, 2008 (Public Law 110-252; 122 Stat. 2349).
       (2) Pumping station report.--The term ``pumping station 
     report'' means the report--
       (A) prepared by the Secretary that contains the results of 
     the investigation required under section 4303 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 154); and
       (B) dated August 30, 2007.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (b) Study.--
       (1) In general.--In implementing the project, not later 
     than 1 year after the date of enactment of this Act, the 
     Secretary shall complete a study of the residual risks 
     associated with the options identified as ``Option 1'', 
     ``Option 2'', and ``Option 2a'', as described in the pumping 
     station report.
       (2) Requirements.--In carrying out the study under 
     paragraph (1), the Secretary shall identify which option 
     described in that paragraph--
       (A) is most technically advantageous;
       (B) is most effective from an operational perspective in 
     providing the greatest long-term reliability in reducing the 
     risk of flooding to the New Orleans area; and
       (C) would increase the overall drainage capacity of the 
     region for all types of events.
       (3) Independent external peer review.--
       (A) Duty of secretary.--In accordance with procedures 
     established by the Chief of Engineers, the Secretary shall 
     carry out an independent external peer review of--
       (i) the results of the study under paragraph (1); and
       (ii) each cost estimate completed for each option described 
     in paragraph (1).
       (B) Report.--
       (i) In general.--Not later than 90 days after the date of 
     completion of the independent external peer review under 
     subparagraph (A), in accordance with clause (ii), the 
     Secretary shall submit a report to--

       (I) the Committee on Environment and Public Works of the 
     Senate;
       (II) the Committee on Appropriations of the Senate;
       (III) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (IV) the Committee on Appropriations of the House of 
     Representatives.

       (ii) Contents.--The report described in clause (i) shall 
     contain--

       (I) the results of the study described in paragraph (1); 
     and
       (II) a description of the findings of the independent 
     external peer review carried out under subparagraph (A).

       (4) Suspension of certain activities.--The Secretary shall 
     suspend each activity of the Secretary that would result in 
     the design and construction of any pumping station covered by 
     the pumping station report unless the activity is consistent 
     with each option described in paragraph (1).
       (5) Feasibility report.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that contains a feasibility 
     level of analysis (including a cost estimate) for the 
     project, as modified under this subsection.
       (6) Funding.--In carrying out this subsection, the 
     Secretary shall use amounts made available to modify the 17th 
     Street, Orleans Avenue, and London Avenue drainage canals and 
     install pumps and closure structures at or near the lakefront 
     in the first proviso in the matter under the heading ``flood 
     control and coastal emergencies (including rescission of 
     funds)'' under the heading ``Corps of Engineers--Civil'' 
     under the heading ``DEPARTMENT OF THE ARMY'' under the 
     heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of 
     title II of the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 454).
                                 ______
                                 
  SA 1889. Mr. SPECTER (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__.  Section 1001(38) of the Water Resources 
     Development Act of 2007 (121 Stat. 1055) is amended--
       (1) by striking ``$44,500,000'' and inserting 
     ``$65,000,000'';
       (2) by striking ``$28,925,000'' and inserting 
     ``$42,250,000''; and
       (3) by striking ``$15,575,000'' and inserting 
     ``$22,750,000''.
                                 ______
                                 
  SA 1890. Mr. SPECTER (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__. (a) The project for flood protection, Lackawanna 
     River at Scranton, Pennsylvania, as authorized under section 
     101(17) of the Water Resources Development Act of 1992 (106 
     Stat. 4803; 110 Stat. 3672), is modified to authorize the 
     Secretary of the Army, acting through the Chief of Engineers, 
     to implement nonstructural flood control measures in 
     accordance with section 103 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213).
       (b) The non-Federal sponsor for the project described in 
     subsection (a) shall receive credit towards the share of the 
     nonstructural project costs of the non-Federal sponsor for 
     work carried out by the non-Federal sponsor, as described in 
     the document entitled ``Federal Emergency Management Agency 
     Mitigation Plan, Scranton, Pennsylvania'' and dated June 
     2009.
                                 ______
                                 
  SA 1891. Mr. KAUFMAN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 5, line 8, strike ``Project.'' and insert the 
     following:

     Project: Provided further, That none of the funds made 
     available by this Act may be used to carry out any portion of 
     the Delaware River Main Channel Deepening Project identified 
     in the committee report accompanying this Act that is located 
     in the State of Delaware until the date on which the 
     government of the State of Delaware issues an applicable 
     project permit for the Delaware River Main Channel Deepening 
     Project.
                                 ______
                                 
  SA 1892. Mr. KYL (for himself and Ms. Collins) submitted an amendment 
intended to be proposed to amendment

[[Page 19835]]

SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       On page 63, after line 23, insert the following:
       Sec. 312. (a) Except as provided in subsection (b), none of 
     the funds appropriated or otherwise made available by this 
     title for the Strategic Petroleum Reserve may be made 
     available to any person that as of the enactment of this 
     Act--
       (1) is selling refined petroleum products valued at 
     $1,000,000 or more to the Islamic Republic of Iran;
       (2) is engaged in an activity valued at $1,000,000 or more 
     that could contribute to enhancing the ability of the Islamic 
     Republic of Iran to import refined petroleum products, 
     including--
       (A) providing ships or shipping services to deliver refined 
     petroleum products to the Islamic Republic of Iran;
       (B) underwriting or otherwise providing insurance or 
     reinsurance for such an activity; or
       (C) financing or brokering such an activity; or
       (3) is selling, leasing, or otherwise providing to the 
     Islamic Republic of Iran any goods, services, or technology 
     valued at $1,000,000 or more that could contribute to the 
     maintenance or expansion of the capacity of the Islamic 
     Republic of Iran to produce refined petroleum products.
       (b) The prohibition on the use of funds under subsection 
     (a) shall not apply with respect to any contract entered into 
     by the United States Government before the date of the 
     enactment of this Act.
       (c) If the Secretary determines a person made ineligible by 
     this section has ceased the activities enumerated in (a)(1)-
     (3) that person shall no longer be ineligible under this 
     section.
                                 ______
                                 
  SA 1893. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water development and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__. As soon as practicable after the date of 
     enactment of this Act, from funds made available before the 
     date of enactment of this Act for the Tampa Harbor Big Bend 
     Channel project, the Secretary of the Army shall reimburse 
     the non-Federal Sponsor of the Tampa Harbor Big Bend Channel 
     project for the Federal share of the dredging work carried 
     out for the project.
                                 ______
                                 
  SA 1894. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 42, line 25, strike ``such funds.'' and insert the 
     following:

     such funds: Provided further, That, of the funds made 
     available under this Act, $5,000,000 shall be made available 
     to the Secretary of Energy to carry out the Blue Ribbon 
     Commission on nuclear waste to consider alternative solutions 
     for nuclear waste management and disposal.
                                 ______
                                 
  SA 1895. Mr. DORGAN (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       On page 63, after line 23, add the following:
       Sec. 312.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of Energy 
     to enter into any federal contract unless such contract is 
     entered into in accordance with the requirements of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253) or Chapter 137 of title 10, United States Code, 
     and the Federal Acquisition Regulation, unless such contract 
     is otherwise authorized by statute to be entered into without 
     regard to the above referenced statutes.''
                                 ______
                                 
  SA 1896. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 33, between lines 13 and 14, insert the following:
       Sec. __.
       (a) Section 3405(a)(1)(M) of Public Law 102-575 (106 Stat. 
     4709) is amended by striking ``countries'' and inserting 
     ``counties''.
       (b) A transfer of water between a Friant Division 
     contractor and a south-of-Delta CVP agricultural water 
     service contractor, approved during a two-year period 
     beginning on the date of enactment of this Act shall be 
     deemed to meet the conditions set forth in subparagraphs (A) 
     and (I) of section 3405 (a)(1) of Public Law 102-575 (106 
     Stat. 4709) if the transfer under this clause (1) does not 
     interfere with the San Joaquin River Restoration Settlement 
     Act (Part I of subtitle A of title X of Public Law 111-11; 
     123 Stat. 1349) (including the priorities described in 
     section 10004(a)(4)(B) of that Act relating to implementation 
     of paragraph 16 of the Settlement) and the Settlement (as 
     defined in section 10003 of that Act), and (2) is completed 
     by September 30, 2012.
       (c) As soon as practicable after the date of enactment of 
     this Act, the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service, 
     shall revise, finalize and implement the applicable draft 
     recovery plan for the Giant Garter Snake (Thamnophis gigas).
                                 ______
                                 
  SA 1897. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water develpment and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 68, after line 16, add the following:

     SEC. 503. AUTOMOBILE DEALER ECONOMIC RIGHTS RESTORATION.

       (a) Findings.--Congress finds the following:
       (1) Automobile dealers are an asset to automobile 
     manufacturers that make it possible to serve communities and 
     sell automobiles nationally.
       (2) Forcing the closure of automobile dealers would have an 
     especially devastating economic impact in rural communities, 
     where dealers play an integral role in the community, provide 
     essential services, and serve as a critical economic engine.
       (3) The automobile manufacturers obtain the benefits from 
     having a national dealer network at no material cost to the 
     manufacturers.
       (4) Historically, automobile dealers have had franchise 
     agreement protections under State law.
       (b) Restoration of Economic Rights.--
       (1) In general.--In order to protect assets of the Federal 
     Government and better assure the viability of automobile 
     manufacturers in which the Federal Government has an 
     ownership interest, or to which it is a lender, an automobile 
     manufacturer in which the Federal Government has an ownership 
     interest, or which receives loans from the Federal 
     Government, may not deprive an automobile dealer of its 
     economic rights and shall honor those rights as they existed, 
     for Chrysler LLC dealers, prior to the commencement of the 
     bankruptcy case by Chrysler LLC on April 30, 2009, and for 
     General Motors Corp. dealers, prior to the commencement of 
     the bankruptcy case by General Motors Corp. on June 1, 2009, 
     including the dealer's rights to recourse under State law.
       (2) Restoration of franchise agreements.--In order to 
     preserve economic rights pursuant to paragraph (1), at the 
     request of an automobile dealer, an automobile manufacturer 
     covered under this section shall restore the franchise 
     agreement between that automobile dealer and Chrysler LLC or 
     General Motors Corp. that was in effect prior to the 
     commencement of their respective bankruptcy cases and take 
     assignment of such agreements.
       (3) Construction.--Except as set forth herein, nothing in 
     this section shall be construed to make null and void--
       (A) the court approved transfer of substantially all the 
     assets of Chrysler LLC to New CarCo Acquisition LLC; or
       (B) a transfer of substantially all the assets of General 
     Motors Corp. that could be approved by a court after June 8, 
     2009.
                                 ______
                                 
  SA 1898. Mr. NELSON of Florida (for himself and Mr. Martinez) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water develpment and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 5, line 8, strike ``Project.'' and insert the 
     following:
     Project: Provided further, That $26,500,000 shall be made 
     available for the Site One Impoundment Project, Florida: 
     Provided further, That, notwithstanding any other provision 
     of this Act, each amount provided by this Act (other than the 
     amount provided by the preceding proviso) is reduced by the 
     pro rata percentage required to reduce the total amount 
     provided by this Act by $26,500,000.

[[Page 19836]]


                                 ______
                                 
  SA 1899. Mr. NELSON of Florida (for himself and Mr. Martinez) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water develpment and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 5, line 8, strike ``Project.'' and insert the 
     following:
     Project: Provided further, That $26,500,000 shall be made 
     available for the Site One Impoundment Project, Florida.
                                 ______
                                 
  SA 1900. Mr. MENENDEZ (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water develpment and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 63, after line 23, add the following:
       Sec. 3__. (a) The Secretary of Energy may make grants to 
     original equipment manufacturers of light-duty and heavy-duty 
     natural gas vehicles for the development of engines that 
     reduce emissions, improve performance and efficiency, and 
     lower cost.
       (b) The aggregate amount of grants under subsection (a) for 
     any fiscal year shall not exceed $5,000,000.
                                 ______
                                 
  SA 1901. Mr. NELSON of Florida (for himself, Mr. Reid, Mr. Martinez, 
Mr. Akaka, and Mr. Ensign) submitted an amendment intended to be 
proposed to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 
3183, making appropriations for energy and water develpment and related 
agencies 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. _. LIMITATION ON CERTAIN TRAVEL AND CONFERENCES 
                   POLICIES.

       No agency or department of the United States may establish 
     a travel or conference policy that takes into account the 
     perception of a location as a resort or vacation destination 
     in determining the location for an event.
                                 ______
                                 
  SA 1902. Mr. NELSON of Florida (for himself, Mr. Reid, Mr. Martinez, 
Mr. Akaka, and Mr. Ensign) submitted an amendment intended to be 
proposed to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 
3183, making appropriations for energy and water develpment and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 745.  No agency or department of the United States may 
     use funds made available under this Act to enforce a travel 
     or conference policy that prohibits an event from being held 
     in a certain location based on a perception that the location 
     is a resort or vacation destination.
                                 ______
                                 
  SA 1903. Mr. SANDERS (for himself, Mrs. Shaheen, and Mr. Merkley) 
submitted an amendment intended to be proposed to amendment SA 1813 
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations 
for energy and water development and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; as follows:

       On page 34, line 7, before the period, insert the 
     following: ``: Provided further, That within existing funds 
     for industrial technologies $15,000,000 shall be used to make 
     technical assistance grants under subsection (b) of section 
     399A of the Energy Policy and Conversation Act (42 U.S.C. 
     6371h-1(b))
                                 ______
                                 
  SA 1904. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 3357, to restore sums to the Highway Trust Fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. RESCISSION OF UNOBLIGATED BALANCES.

       Section 10212 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1937) is repealed.
                                 ______
                                 
  SA 1905. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3357, to restore sums to the Highway Trust Fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 3, after line 8, add the following:

     SEC. 5. USE OF STIMULUS FUNDS TO OFFSET APPROPRIATION OF 
                   FUNDS TO REPLENISH UNEMPLOYMENT TRUST FUND.

       The unobligated balance of each amount appropriated or made 
     available under the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) (other than under title X of division 
     A of such Act) is rescinded pro rata such that the aggregate 
     amount of such rescissions equals $7,500,000,000 in order to 
     offset the amount appropriated to the Unemployment Trust Fund 
     under the amendment made by section 2 of this Act. The 
     Director of the Office of Management and Budget shall report 
     to each congressional committee the amounts so rescinded 
     within the jurisdiction of such committee.
                                 ______
                                 
  SA 1906. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 3357, to restore sums to the Highway Trust Fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and replace:

     SECTION 1. FUNDING OF THE HIGHWAY TRUST FUND.

       Subsection (f) of section 9503 of the Internal Revenue Code 
     of 1986 (relating to determination of trust fund balances 
     after September 30, 1998) is amended--
       (1) by striking paragraph (2), and
       (2) by adding at the end the following new
       ``(2) Increase in fund balance.--Out of money in the 
     Treasury not otherwise appropriated, there is hereby 
     appropriated (without fiscal year limitation) to the Highway 
     Trust Fund $7,000,000,000.''.

     SEC. 2. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER 
                   FUNDS.

       The item relating to ``Department of Labor--Employment and 
     Training Administration--Advances to the Unemployment Trust 
     Fund and Other Funds'' in title I of division F of the 
     Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 
     754) is amended by striking ``to remain available through 
     September 30, 2010'' and all that follows (before the heading 
     for the following item) and inserting ``such sums as may be 
     necessary''.

     SEC. 3. FHA MORTGAGE INSURANCE COMMITMENT AUTHORITY.

       The item relating to ``Federal Housing Administration--
     Mutual Mortgage Insurance Program Account'' in title II of 
     division I of the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8; 123 Stat. 966) is amended by striking 
     ``$315,000,000,000'' and inserting ``$400,000,000,000''.

     SEC. 4. GNMA MORTGAGE-BACKED SECURITIES GUARANTEE COMMITMENT 
                   AUTHORITY.

       The item relating to ``Government National Mortgage 
     Association--Guarantees of Mortgage-Backed Securities Loan 
     Guarantee Program Account'' in title II of division I of the 
     Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 
     967) is amended by striking ``$300,000,000,000'' and 
     inserting ``$400,000,000,000'',

     SEC. 5. USE OF STIMULUS FUNDS TO OFFSET APPROPRIATION OF 
                   FUNDS.

       The unobligated balance of each amount appropriated or made 
     available under the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) is rescinded pro rata such that the 
     aggregate amount of such rescissions equals the aggregate 
     amount appropriated under the amendments made by this Act. 
     The Director of the Office of Management and Budget shall 
     report to each congressional committee the amounts so 
     rescinded within the jurisdiction of such committee.
                                 ______
                                 
  SA 1907. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3357, to restore sums to the Highway Trust Fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike sections 401, 402, 403, and 404, and insert the 
     following:

     SEC. 401. TEMPORARY PROTECTION OF HIGHWAY TRUST FUND 
                   SOLVENCY.

       Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Pub. Law 111-5), from the amounts 
     appropriated or made available and remaining unobligated 
     under such Act, the Director of the Office of Management and 
     Budget shall transfer to the Highway Trust Fund such sums as 
     the Secretary of Transportation determines in the aggregate 
     will be necessary to ensure that the Highway Trust Fund 
     balance does not fall below the threshold that would require 
     a change from daily payments to weekly or biweekly payments 
     of expenditures from the Highway Trust Fund through March 31, 
     2011. The Director of the Office of Management and Budget 
     shall report to each congressional committee the amounts so 
     transferred within the jurisdiction of such committee. The 
     amounts so transferred shall remain available without fiscal 
     year limitation.

[[Page 19837]]



                          ____________________