[Congressional Record (Bound Edition), Volume 156 (2010), Part 7]
[Senate]
[Pages 9069-9084]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4200. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs 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 5, strike ``prior'' and all through page 
     34, line 7, and insert the following: appropriations made 
     available in Public Law 111-83 to the ``Office of the Federal 
     Coordinator for Gulf Coast Rebuilding'', $700,000 are 
     rescinded.
                                 ______
                                 
  SA 4201. Mr. FRANKEN (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed by him to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs 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:

             Subtitle __--Office of the Homeowner Advocate

     SEC. 1091. OFFICE OF THE HOMEOWNER ADVOCATE.

       (a) Establishment.--There is established in the Department 
     of the Treasury an office to be known as the ``Office of the 
     Homeowner Advocate'' (in this subtitle referred to as the 
     ``Office'').
       (b) Director.--
       (1) In general.--The Director of the Office of the 
     Homeowner Advocate (in this subtitle referred to as the 
     ``Director'') shall report directly to the Assistant 
     Secretary of the Treasury for Financial Stability, and shall 
     be entitled to compensation at the same rate as the highest 
     rate of basic pay established for the Senior Executive 
     Service under section 5382 of title 5, United States Code.
       (2) Appointment.--The Director shall be appointed by the 
     Secretary, after consultation with the Secretary of the 
     Department of Housing and Urban Development, and without 
     regard to the provisions of title 5, United States Code, 
     relating to appointments in the competitive service or the 
     Senior Executive Service.

[[Page 9070]]

       (3) Qualifications.--An individual appointed under 
     paragraph (2) shall have--
       (A) experience as an advocate for homeowners; and
       (B) experience dealing with mortgage servicers.
       (4) Restriction on employment.--An individual may be 
     appointed as Director only if such individual was not an 
     officer or employee of either a mortgage servicer or the 
     Department of the Treasury during the 4-year period preceding 
     the date of such appointment.
       (5) Hiring authority.--The Director shall have the 
     authority to hire staff, obtain support by contract, and 
     manage the budget of the Office of the Homeowner Advocate.

     SEC. 1092. FUNCTIONS OF THE OFFICE.

       (a) In General.--It shall be the function of the Office--
       (1) to assist homeowners, housing counselors, and housing 
     lawyers in resolving problems with the Home Affordable 
     Modification Program of the Making Home Affordable initiative 
     of the Secretary, authorized under the Emergency Economic 
     Stabilization Act of 2008 (in this subtitle referred to as 
     the ``Home Affordable Modification Program'');
       (2) to identify areas, both individual and systematic, in 
     which homeowners, housing counselors, and housing lawyers 
     have problems in dealings with the Home Affordable 
     Modification Program;
       (3) to the extent possible, to propose changes in the 
     administrative practices of the Home Affordable Modification 
     Program, to mitigate problems identified under paragraph (2);
       (4) to identify potential legislative changes which may be 
     appropriate to mitigate such problems; and
       (5) to implement other programs and initiatives that the 
     Director deems important to assisting homeowners, housing 
     counselors, and housing lawyers in resolving problems with 
     the Home Affordable Modification Program, which may include--
       (A) running a triage hotline for homeowners at risk of 
     foreclosure;
       (B) providing homeowners with access to housing counseling 
     programs of the Department of Housing and Urban Development 
     at no cost to the homeowner;
       (C) developing Internet tools related to the Home 
     Affordable Modification Program; and
       (D) developing training and educational materials.
       (b) Authority.--
       (1) In general.--Staff designated by the Director shall 
     have the authority to implement servicer remedies, on a case-
     by-case basis, subject to the approval of the Assistant 
     Secretary of the Treasury for Financial Stability.
       (2) Limitations on foreclosures.--No homeowner may be taken 
     to a foreclosure sale, until the earlier of the date on which 
     the Office of the Homeowner Advocate case involving the 
     homeowner is closed, or 60 days since the opening of the 
     Office of the Homeowner Advocate case involving the homeowner 
     have passed, except that nothing in this section may be 
     construed to relieve any loan servicers from any otherwise 
     applicable rules, directives, or similar guidance under the 
     Home Affordable Modification Program relating to the 
     continuation or completion of foreclosure proceedings.
       (3) Resolution of homeowner concerns.--The Office shall, to 
     the extent possible, resolve all homeowner concerns not later 
     than 30 days after the opening of a case with such homeowner.
       (c) Commencement of Operations.--The Office shall commence 
     its operations, as required by this subtitle, not later than 
     3 months after the date of enactment of this Act.
       (d) Sunset.--The Office shall cease operations as of the 
     date on which the Home Affordable Modification Program ceases 
     to operate.

     SEC. 1093. RELATIONSHIP WITH EXISTING ENTITIES.

       (a) Transfer.--The Office shall coordinate and centralize 
     all complaint escalations relating to the Home Affordable 
     Modification Program.
       (b) Hotline.--The HOPE hotline (or any successor triage 
     hotline) shall reroute all complaints relating to the Home 
     Affordable Modification Program to the Office.
       (c) Coordination.--The Office shall coordinate with the 
     compliance office of the Office of Financial Stability of the 
     Department of the Treasury and the Homeownership Preservation 
     Office of the Department of the Treasury.

     SEC. 1094. REPORTS TO CONGRESS.

       (a) Testimony.--The Director shall be available to testify 
     before the Committee on Banking, Housing, and Urban Affairs 
     of the Senate and the Committee on Financial Services of the 
     House of Representatives, not less frequently than 4 times a 
     year, or at any time at the request of the Chairs of either 
     committee.
       (b) Reports.--Once annually, the Director shall provide a 
     detailed report to Congress on the Home Affordable 
     Modification Program. Such report shall contain full and 
     substantive analysis, in addition to statistical information, 
     including, at a minimum--
       (1) data and analysis of the types and volume of complaints 
     received from homeowners, housing counselors, and housing 
     lawyers, broken down by category of servicer, except that 
     servicers may not be identified by name in the report;
       (2) a summary of not fewer than 20 of the most serious 
     problems encountered by Home Affordable Modification Program 
     participants, including a description of the nature of such 
     problems;
       (3) to the extent known, identification of the 10 most 
     litigated issues for Home Affordable Modification Program 
     participants, including recommendations for mitigating such 
     disputes;
       (4) data and analysis on the resolutions of the complaints 
     received from homeowners, housing counselors, and housing 
     lawyers;
       (5) identification of any programs or initiatives that the 
     Office has taken to improve the Home Affordable Modification 
     Program;
       (6) recommendations for such administrative and legislative 
     action as may be appropriate to resolve problems encountered 
     by Home Affordable Modification Program participants; and
       (7) such other information as the Director may deem 
     advisable.

     SEC. 1095. FUNDING.

       Amounts made available for the costs of administration of 
     the Home Affordable Modification Program that are not 
     otherwise obligated shall be available to carry out the 
     duties of the Office. Funding shall be maintained at levels 
     adequate to reasonably carry out the functions of the Office.
                                 ______
                                 
  SA 4202. Mr. CORNYN (for himself, Mr. Kyl, Mrs. Hutchison, and Mr. 
McCain) submitted an amendment intended to be proposed by him to the 
bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY ENHANCEMENTS.

       (a) Additional Amount for Counterdrug Enforcement.--For an 
     additional amount for ``Salaries and Expenses'' of the Drug 
     Enforcement Administration, $30,440,000, to remain available 
     until September 30, 2011, of which--
       (1) $15,640,000 shall be available for 180 intelligence 
     analysts and technical support personnel;
       (2) $10,800,000 shall be available for equipment and 
     operational costs of Special Investigative Units to target 
     Mexican cartels; and
       (3) $4,000,000 shall be available for equipment and 
     technology for investigators on the Southwest border.
       (b) Firearms Trafficking Enforcement.--For an additional 
     amount for ``Salaries and Expenses'' of the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, $72,000,000, to 
     remain available until September 30, 2011, of which--
       (1) $68,000,000 shall be available for 281 special agents, 
     investigators, and officers along the Southwest border; and
       (2) $4,000,000 shall be available for equipment and 
     technology necessary to support border enforcement and 
     investigations.
       (c) National Guard Counterdrug Activities.--For an 
     additional amount for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' for high priority National Guard 
     Counterdrug Programs in Southwest border states, $44,700,000, 
     to remain available until September 30, 2011.
       (d) High Intensity Drug Trafficking Areas Program.--For an 
     additional amount for Federal Drug Control Programs, ``High 
     Intensity Drug Trafficking Areas Program'' for Southwest 
     border states, $140,000,000, to remain available until 
     September 30, 2012.
       (e) Land Ports of Entry.--For an additional amount to be 
     deposited in the Federal Buildings Fund, for construction, 
     infrastructure improvements and expansion at high-volume land 
     ports of entry located on the Southwest border, $100,000,000, 
     to remain available until September 30, 2011.
       (f) Border Enforcement Personnel.--For an additional amount 
     for ``Salaries and Expenses'' of U.S. Customs and Border 
     Protection, $334,000,000, to remain available until September 
     30, 2011, of which--
       (1) $100,000,000 shall be available for 500 U.S. Customs 
     and Border Protection officers at Southwest land ports of 
     entry for northbound and southbound inspections;
       (2) $180,000,000 shall be available for equipment and 
     technology to support border enforcement, surveillance, and 
     investigations;
       (3) $24,000,000 shall be available for 120 pilots, vessel 
     commanders, and support staff for Air and Marine Operations; 
     and
       (4) $30,000,000 shall be available for additional unmanned 
     aircraft systems pilots and support staff.
       (g) Unmanned Aircraft Systems and Helicopters.--For an 
     additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'' of U.S. Customs 
     and Border Protection, $169,400,000, to remain available 
     until expended, of which--
       (1) $120,000,000 shall be available for the procurement, 
     operations, and maintenance of at least 6 unmanned aircraft 
     systems to allow for expanded operations of unmanned aircraft 
     systems in Texas, New Mexico, Arizona, and California on a 7-
     day-a-week basis; and

[[Page 9071]]

       (2) $49,400,000 shall be available for helicopters.
       (h) Immigration Enforcement Personnel.--For an additional 
     amount for ``Salaries and Expenses'' of U.S. Immigration and 
     Customs Enforcement, $795,000,000, to remain available until 
     September 30, 2012, of which--
       (1) $175,000,000 shall be available for 500 investigator 
     positions;
       (2) $75,000,000 shall be available for 400 intelligence 
     analyst positions;
       (3) $125,000,000 shall be available for 500 detention and 
     deportation positions;
       (4) $151,000,000 shall be available for 3,300 detention 
     beds;
       (5) $180,000,000 shall be available for equipment and 
     technology to support border enforcement; and
       (6) $89,000,000 shall be available for expansion of 
     interior repatriation programs.
       (i) State and Local Grants.--For an additional amount for 
     ``State and Local Programs'' administered by the Federal 
     Emergency Management Agency, $300,000,000, to remain 
     available until September 30, 2011, which shall be used for--
       (1) State and local law enforcement agencies or entities 
     operating within 100 miles of the Southwest border; and
       (2) additional detectives, criminal investigators, law 
     enforcement personnel, equipment, salaries, and technology in 
     counties in the Southwest border region.
       (j) Offsetting Rescission.--
       (1) In general.--Notwithstanding section 5 of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5), 
     $1,986,000,000 of the amounts appropriated or made available 
     under division A of such Act that remain unobligated as of 
     the date of the enactment of this Act are hereby rescinded.
       (2) Administration.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of the Office of 
     Management and Budget shall--
       (A) administer the reduction specified in paragraph (1); 
     and
       (B) submit a report to the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives that specifies the account and the amount 
     of each reduction made pursuant to paragraph (1).
                                 ______
                                 
  SA 4203. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; as follows:

       On page 33, between lines 3 and 4, insert the following:

                  Federal Emergency Management Agency

                        state and local programs

                     (including transfer of funds)

       For an additional amount for ``Public Transportation 
     Security Assistance'' and ``Railroad Security Assistance'', 
     authorized under sections 1406 and 1513 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53; 6 U.S.C. 1135 and 1163), $100,000,000, to remain 
     available until expended.

       On page 36, between lines 2 and 3, insert the following:

     SEC. 608. LIMITATION OF EMPLOYER DEDUCTION FOR CERTAIN 
                   ENTERTAINMENT EXPENSES.

       (a) In General.--Paragraph (2) of section 274(e) of the 
     Internal Revenue Code of 1986 (relating to expenses treated 
     as compensation) is amended to read as follows:
       ``(2) Expenses treated as compensation.--Expenses for 
     goods, services, and facilities, to the extent that the 
     expenses do not exceed the amount of the expenses which are 
     treated by the taxpayer, with respect to the recipient of the 
     entertainment, amusement, or recreation, as compensation to 
     an employee on the taxpayer's return of tax under this 
     chapter and as wages to such employee for purposes of chapter 
     24 (relating to withholding of income tax at source on 
     wages).''.
       (b) Persons Not Employees.--Paragraph (9) of section 274(e) 
     of such Code is amended by striking ``to the extent that the 
     expenses are includible in the gross income'' and inserting 
     ``to the extent that the expenses do not exceed the amount of 
     the expenses which are includible in the gross income''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenses incurred after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4204. Mr. FEINGOLD (for himself, Mrs. Boxer, Mr. Durbin, and Mr. 
Merkley) submitted an amendment intended to be proposed by him to the 
bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs for the fiscal year ending September 
30, 2010, and for other purposes;

       At the end of chapter 10 of title I, add the following:


  plan for safe, orderly, and expeditious redeployment of the united 
                  states armed forces from afghanistan

       Sec. 1019.  (a) Plan Required.--Not later than December 31, 
     2010, the President shall submit to Congress a report setting 
     forth a plan for the safe, orderly, and expeditious 
     redeployment of United States Armed Forces and non-Afghan 
     military contractors from Afghanistan, together with a 
     timetable for the completion of that redeployment and 
     information regarding variables that could alter that 
     timetable.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 4205. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 3008.  Of the amounts appropriated for the Edward 
     Byrne Memorial Justice Assistance Grant Program under subpart 
     1 of part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3750 et seq.) under the 
     heading ``state and local law enforcement assistance'' under 
     the heading ``Office of Justice Programs'' under the heading 
     ``State and Local Law Enforcement Activities'' under title II 
     of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 
     123 Stat. 579), at the discretion of the Attorney General, 
     the amounts to be made available to Genesee County, Michigan 
     for assistance for individuals transitioning from prison in 
     Genesee County, Michigan pursuant to the joint statement of 
     managers accompanying that Act may be made available to My 
     Brother's Keeper of Genesee County, Michigan to provide 
     assistance for individuals transitioning from prison in 
     Genesee County, Michigan.
                                 ______
                                 
  SA 4206. Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Kyl, and Mr. 
Cornyn) submitted an amendment intended to be proposed by her to the 
bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs 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) Additional Amount for Unmanned Aircraft 
     System.--For an additional amount for U.S. Customs and Border 
     Protection, ``air and marine interdiction, operations, 
     maintenance, and procurement'' for the procurement, 
     operations, and maintenance of at least 6 unmanned aircraft 
     systems to allow for expanded operations of unmanned aircraft 
     systems in Texas, New Mexico, Arizona, and California on a 7-
     day-a-week basis, $110,000,000, to remain available until 
     expended.
       (b) Additional Amount for Personnel.--For an additional 
     amount for U.S. Customs and Border Protection ``salaries and 
     expenses'' for additional unmanned aircraft systems pilots 
     and support staff, $24,000,000, to remain available until 
     September 30, 2011.
       (c) Base Agreements.--For an additional amount for U.S. 
     Customs and Border Protection ``air and marine interdiction, 
     operations, maintenance, and procurement'' for additional 
     unmanned aircraft systems maintenance, base agreements, and 
     surge operations, $10,000,000, to remain available until 
     September 30, 2011.
       (d) Offsetting Rescission.--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 $144,000,000 in order to offset the amount 
     appropriated for border security under subsections (a), (b), 
     and (c). 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 4207. Mr. LeMIEUX submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs 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 of the bill, add the following:

           TITLE __--RETURNING SPENDING LEVELS TO 2007 LEVELS

     SEC. __01. EXPEDITED CONSIDERATION.

       (a) 2007 Spending Bill.--For purposes of this title, the 
     term ``2007 spending bill'' means a bill that reduces outlays 
     for the fiscal year beginning in the year in which the bill 
     is considered to levels not exceeding the levels for fiscal 
     year 2007. The bill may not increase revenues.
       (b) Expedited Consideration of 2007 Spending Bill.--
       (1) Introduction of 2007 spending bill.--A 2007 spending 
     bill may be introduced in the House of Representatives and in 
     the Senate

[[Page 9072]]

     not later than July 12, 2010, or any time after the first day 
     of a session for any year thereafter by the majority leader 
     of each House of Congress. If 5 session days after July 12 in 
     2010 or after the first day of session any year thereafter 
     the majority leader has not introduced a bill, the minority 
     leader of each House of Congress may introduce a 2007 
     spending bill (during this time the majority leader may not 
     introduce a 2007 spending bill). If a 2007 spending bill is 
     not introduced in accordance with the preceding sentence in 
     either House of Congress within 5 session days, then any 
     Member of that House may introduce a 2007 spending bill on 
     any day thereafter. Upon introduction, the 2007 spending bill 
     shall be referred to the relevant committees of jurisdiction.
       (2) Committee consideration.--The committees to which the 
     2007 spending bill is referred shall report the 2007 spending 
     bill without any revision and with a favorable 
     recommendation, an unfavorable recommendation, or without 
     recommendation, not later than 30 calendar days after the 
     date of introduction of the bill in that House, or the first 
     day thereafter on which that House is in session. If any 
     committee fails to report the bill within that period, that 
     committee shall be automatically discharged from 
     consideration of the bill, and the bill shall be placed on 
     the appropriate calendar.
       (3) Fast track consideration in house of representatives.--
       (A) Proceeding to consideration.--It shall be in order, not 
     later than 7 days of session after the date on which an 2007 
     spending bill is reported or discharged from all committees 
     to which it was referred, for the majority leader of the 
     House of Representatives or the majority leader's designee, 
     to move to proceed to the consideration of the 2007 spending 
     bill. It shall also be in order for any Member of the House 
     of Representatives to move to proceed to the consideration of 
     the 2007 spending bill at any time after the conclusion of 
     such 7-day period. All points of order against the motion are 
     waived. Such a motion shall not be in order after the House 
     has disposed of a motion to proceed on the 2007 spending 
     bill. The previous question shall be considered as ordered on 
     the motion to its adoption without intervening motion. The 
     motion shall not be debatable. A motion to reconsider the 
     vote by which the motion is disposed of shall not be in 
     order.
       (B) Consideration.--The 2007 spending bill shall be 
     considered as read. The previous question shall be considered 
     as ordered on the 2007 spending bill to its passage without 
     intervening motion except 50 hours of debate, equally divided 
     and controlled by the proponent and an opponent. A motion to 
     limit debate shall be in order during such debate. A motion 
     to reconsider the vote on passage of the 2007 spending bill 
     shall not be in order.
       (C) Appeals.--Appeals from decisions of the chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to the 2007 
     spending bill shall be decided without debate.
       (D) Application of house rules.--Except to the extent 
     specifically provided in this paragraph, consideration of an 
     2007 spending bill shall be governed by the Rules of the 
     House of Representatives. It shall not be in order in the 
     House of Representatives to consider any 2007 spending bill 
     introduced pursuant to the provisions of this subsection 
     under a suspension of the rules pursuant to clause 1 of House 
     Rule XV, or under a special rule reported by the House 
     Committee on Rules.
       (E) Amendments.--It shall be in order to offer amendments 
     to the 2007 spending bill, provided that any such amendment 
     is relevant and would not result in an overall outlay level 
     exceeding the level included in the 2007 spending bill.
       (F) Vote on passage.--Immediately following the conclusion 
     of consideration of the 2007 spending bill, the vote on 
     passage of the 2007 spending bill shall occur without any 
     intervening action or motion and shall require an affirmative 
     vote of three-fifths of the Members, duly chosen and sworn. 
     If the 2007 spending bill is passed, the Clerk of the House 
     of Representatives shall cause the bill to be transmitted to 
     the Senate before the close of the next day of session of the 
     House.
       (4) Fast track consideration in senate.--
       (A) In general.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 7 days of 
     session after the date on which an 2007 spending bill is 
     reported or discharged from all committees to which it was 
     referred, for the majority leader of the Senate or the 
     majority leader's designee to move to proceed to the 
     consideration of the 2007 spending bill. It shall also be in 
     order for any Member of the Senate to move to proceed to the 
     consideration of the 2007 spending bill at any time after the 
     conclusion of such 7-day period. A motion to proceed is in 
     order even though a previous motion to the same effect has 
     been disagreed to. All points of order against the motion to 
     proceed to the 2007 spending bill are waived. The motion to 
     proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     2007 spending bill is agreed to, the 2007 spending bill shall 
     remain the unfinished business until disposed of.
       (B) Debate.--Consideration of an 2007 spending bill and of 
     all debatable motions and appeals in connection therewith 
     shall not exceed a total of 50 hours. Debate shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion further to limit debate on the 2007 
     spending bill is in order. Any debatable motion or appeal is 
     debatable for not to exceed 1 hour, to be divided equally 
     between those favoring and those opposing the motion or 
     appeal. All time used for consideration of the 2007 spending 
     bill, including time used for quorum calls and voting, shall 
     be counted against the total 50 hours of consideration.
       (C) Amendments.--It shall be in order to offer amendments 
     to the 2007 spending bill, provided that any such amendment 
     is relevant and would not result in an overall outlay level 
     exceeding the level included in the 2007 spending bill.
       (D) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on the 
     2007 spending bill and a single quorum call at the conclusion 
     of the debate if requested. Passage shall require an 
     affirmative vote of three-fifths of the Members, duly chosen 
     and sworn.
       (E) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate to the procedure relating to a 2007 
     spending bill shall be decided without debate.
       (5) Rules to coordinate action with other house.--
       (A) Referral.--If, before the passage by 1 House of an 2007 
     spending bill of that House, that House receives from the 
     other House an 2007 spending bill, then such proposal from 
     the other House shall not be referred to a committee and 
     shall immediately be placed on the calendar.
       (B) Treatment of 2007 spending bill of other house.--If 1 
     House fails to introduce or consider a 2007 spending bill 
     under this section, the 2007 spending bill of the other House 
     shall be entitled to expedited floor procedures under this 
     section.
       (C) Procedure.--
       (i) 2007 spending bill in the senate.--If prior to passage 
     of the 2007 spending bill in the Senate, the Senate receives 
     an 2007 spending bill from the House, the procedure in the 
     Senate shall be the same as if no 2007 spending bill had been 
     received from the House except that--

       (I) the vote on final passage shall be on the 2007 spending 
     bill of the House if it is identical to the 2007 spending 
     bill then pending for passage in the Senate; or
       (II) if the 2007 spending bill from the House is not 
     identical to the 2007 spending bill then pending for passage 
     in the Senate and the Senate then passes the Senate 2007 
     spending bill, the Senate shall be considered to have passed 
     the House 2007 spending bill as amended by the text of the 
     Senate 2007 spending bill.

       (ii) Disposition of the 2007 spending bill.--Upon 
     disposition of the 2007 spending bill received from the 
     House, it shall no longer be in order to consider the 2007 
     spending bill originated in the Senate.
       (D) Treatment of companion measures in the senate.--If 
     following passage of the 2007 spending bill in the Senate, 
     the Senate then receives an 2007 spending bill from the House 
     of Representatives that is the same as the 2007 spending bill 
     passed by the House, the House-passed 2007 spending bill 
     shall not be debatable. If the House-passed 2007 spending 
     bill is identical to the Senate-passed 2007 spending bill, 
     the vote on passage of the 2007 spending bill in the Senate 
     shall be considered to be the vote on passage of the 2007 
     spending bill received from the House of Representatives. If 
     it is not identical to the House-passed 2007 spending bill, 
     then the Senate shall be considered to have passed the 2007 
     spending bill of the House as amended by the text of the 
     Senate 2007 spending bill.
       (E) Consideration in conference.--Upon passage of the 2007 
     spending bill, the Senate shall be deemed to have insisted on 
     its amendment and requested a conference with the House of 
     Representatives on the disagreeing votes of the two Houses, 
     and the Chair be authorized to appoint conferees on the part 
     of the Senate, without any intervening action.
       (F) Action on conference reports in senate.--
       (i) Motion to proceed.--A motion to proceed to the 
     consideration of the conference report on the 2007 spending 
     bill may be made even though a previous motion to the same 
     effect has been disagreed to.
       (ii) Consideration.--During the consideration in the Senate 
     of the conference report (or a message between Houses) on the 
     2007 spending bill, and all amendments in disagreement, and 
     all amendments thereto, and debatable motions and appeals in 
     connection therewith, debate (or consideration) shall be 
     limited to 30 hours, to be equally divided between, and 
     controlled by, the majority leader and minority leader or 
     their designees. Debate on any debatable motion or appeal 
     related to the conference report (or a message between 
     Houses) shall be limited to 1 hour, to be equally divided 
     between, and controlled by, the mover and the manager of the 
     conference report (or a message between Houses).

[[Page 9073]]

       (iii) Debate if defeated.--If the conference report is 
     defeated, debate on any request for a new conference and the 
     appointment of conferees shall be limited to 1 hour, to be 
     equally divided between, and controlled by, the manager of 
     the conference report and the minority leader or his 
     designee, and should any motion be made to instruct the 
     conferees before the conferees are named, debate on such 
     motion shall be limited to one-half hour, to be equally 
     divided between, and controlled by, the mover and the manager 
     of the conference report. Debate on any amendment to any such 
     instructions shall be limited to 20 minutes, to be equally 
     divided between and controlled by the mover and the manager 
     of the conference report. In all cases when the manager of 
     the conference report is in favor of any motion, appeal, or 
     amendment, the time in opposition shall be under the control 
     of the minority leader or his designee.
       (iv) Amendments in disagreement.--If there are amendments 
     in disagreement to a conference report on the 2007 spending 
     bill, time on each amendment shall be limited to 30 minutes, 
     to be equally divided between, and controlled by, the manager 
     of the conference report and the minority leader or his 
     designee. No amendment that is not germane to the provisions 
     of such amendments shall be received.
       (G) Vote on conference report in each house.--Passage of 
     the conference in each House shall be by an affirmative vote 
     of three-fifths of the Members of that House, duly chosen and 
     sworn.
       (H) Veto.--If the President vetoes the bill debate on a 
     veto message in the Senate under this subsection shall be 1 
     hour equally divided between the majority and minority 
     leaders or their designees.
       (6) Rules of the senate and house of representatives.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of bill under this section, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 2. EFFECTIVE PERIOD.

       This title shall be effective until fiscal year 2020 or the 
     fiscal year spending levels are returned to fiscal year 2007 
     levels whichever date first occurs.
                                 ______
                                 
  SA 4208. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 27, line 16, after ``this Act'' insert ``: Provided 
     further, That, in addition to any other amounts made 
     available for the same purpose, the Secretary of the Army 
     shall use $1,000,000 of the amount provided under this 
     heading for Atlantic coast of Maryland shore protection''.
                                 ______
                                 
  SA 4209. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 30__.  None of the funds made available by this Act or 
     any other law shall be used by the Secretary of the 
     Interior--
       (1) for the conduct of offshore preleasing, leasing, and 
     related activities in the North Atlantic, Mid-Atlantic, South 
     Atlantic, and Straits of Florida Planning Areas of the outer 
     Continental Shelf described in the memorandum entitled 
     ``Memorandum on Withdrawal of Certain Areas of the United 
     States Outer Continental Shelf from Leasing Disposition'', 34 
     Weekly Comp. Pres. Doc. 1111, dated June 12, 1998; or
       (2) to review or approve plans or permits for the 
     exploration, development, or production of oil and natural 
     gas in the outer Continental Shelf until such time as--
       (A) the Secretary of the Interior and the Council on 
     Environmental Quality have completed a joint review of 
     applicable procedures under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) any policy or procedural changes recommended by the 
     Secretary of the Interior and the Council on Environmental 
     Quality based on the joint review under subparagraph (A) have 
     been fully implemented; and
       (C) the Secretary of the Interior has submitted a report 
     that describes the changes implemented under subparagraph (B) 
     to--
       (i) the Committee on Environment and Public Works of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
                                 ______
                                 
  SA 4210. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 38, after line 21, insert the following:

                     Office of Refugee Resettlement

                  refugee school impact grant program

       For an additional amount for the Office of Refugee 
     Resettlement, $2,000,000, which shall be used for the Refugee 
     School Impact Grant Program to help schools accommodate and 
     provide services for Haitian refugee students following the 
     earthquake in Port-au-Prince on January 12, 2010.
       On page 39, between lines 8 and 9, insert the following:

                    GENERAL PROVISIONS--THIS CHAPTER

     SEC. 701. APPLICATION OF PROHIBITED TRANSACTION RULES TO 
                   CERTAIN TRANSACTIONS INVOLVING OWNERS OF IRAS.

       (a) In General.--Section 4975(c) of the Internal Revenue 
     Code of 1986 (defining prohibited transaction) is amended by 
     adding at the end the following new paragraph:
       ``(7) Special rules for transactions involving owners of 
     individual retirement plans.--
       ``(A) In general.--In the case of a plan described in 
     subparagraph (B) or (C) of subsection (e)(1), any transaction 
     between such plan (or any controlled entity of such plan) and 
     the owner of such plan (or any controlled entity of such 
     owner) shall be treated as a prohibited transaction for 
     purposes of this section if not otherwise so treated.
       ``(B) Controlled entity.--For purposes of this paragraph, 
     the term `controlled entity' means, with respect to any 
     person, a corporation, partnership, or trust or estate of 
     which (or in which) 50 percent or more of--
       ``(i) the combined voting power of all classes of stock 
     entitled to vote or the total value of shares of all classes 
     of stock of such corporation,
       ``(ii) the capital interest or profits interest of such 
     partnership, or
       ``(iii) the beneficial interest of such trust or estate,

     is owned or held directly or indirectly by such person or any 
     related person. The Secretary may by regulation expand the 
     application of this paragraph to other pass-thru entities.
       ``(C) Owner.--For purposes of this paragraph, the term 
     `owner' means, with respect to any plan, the individual for 
     whose benefit the plan is maintained.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply to transactions 
     occurring after the date of the enactment of this Act.
       (2) Exception for certain binding contracts.--The amendment 
     made by this subsection shall not apply to any transaction 
     occurring after the date of the enactment of this Act 
     pursuant to a written binding contract in effect on such date 
     and at all times thereafter.
                                 ______
                                 
  SA 4211. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 81, between lines 23 and 24, insert the following:


  public availability of contractor integrity and performance database

       Sec. 3008. Section 872(e)(1) of the Clean Contracting Act 
     of 2008 (subtitle G of title VIII of Public Law 110-417; 41 
     U.S.C. 417b(e)(1)) is amended by striking ``Administrator 
     shall ensure that the information'' and all that follows 
     through the period at the end and inserting ``Administrator 
     shall post the database on a publicly available Internet 
     website.''.
                                 ______
                                 
  SA 4212. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 26, between lines 2 and 3, insert the following:


                  yellow ribbon reintegration program

       Sec. 309.  (a) The amount appropriated or otherwise made 
     available by this title under the heading ``Operation and 
     Maintenance, Defense-Wide'' is hereby increased by 
     $20,000,000.
       (b) Of the amount appropriated or otherwise made available 
     by this title under the heading ``Operation and Maintenance, 
     Defense-Wide'', as increased by subsection (a),

[[Page 9074]]

     $20,000,000 shall be made available for outreach and 
     reintegration services under the Yellow Ribbon Reintegration 
     Program under section 582(h) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 125; 10 U.S.C. 10101 note).
       (c) The amount made available by this section for the 
     services described in subsection (a) is in addition to any 
     other amounts made available by this Act for such services.
       (d) The amount made available by this section is designated 
     as an emergency requirement and necessary to meet emergency 
     needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 
     13 (111th Congress), the concurrent resolution on the budget 
     for fiscal year 2010.
                                 ______
                                 
  SA 4213. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 81, between lines 23 and 24, insert the following:

     SEC. 30__. COASTAL IMPACT ASSISTANCE.

       Section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a) is amended by adding at the end the following:
       ``(e) Emergency Funding.--
       ``(1) In general.--In response to a spill of national 
     significance under the Oil Pollution Act of 1990 (33 U.S.C. 
     2701 et seq.), at the request of a producing State or coastal 
     political subdivision and notwithstanding the requirements of 
     part 12 of title 43, Code of Federal Regulations (or a 
     successor regulation), the Secretary may immediately disburse 
     funds allocated under this section for 1 or more individual 
     projects that are--
       ``(A) consistent with subsection (d); and
       ``(B) specifically designed to respond to the spill of 
     national significance.
       ``(2) Approval by secretary.--The Secretary may, in the 
     sole discretion of the Secretary, approve, on a project by 
     project basis, the immediate disbursal of the funds under 
     paragraph (1).
       ``(3) State requirements.--
       ``(A) Additional information.--If the Secretary approves a 
     project for funding under this subsection that is included in 
     a plan previously approved under subsection (c), not later 
     than 180 days after the date of the funding approval, the 
     producing State or coastal political subdivision shall submit 
     to the Secretary any additional information that the 
     Secretary determines to be necessary to ensure compliance 
     with subsection (d).
       ``(B) Amendment to plan.--If the Secretary approves a 
     project for funding under this subsection that is not 
     included in a plan previously approved under subsection (c), 
     not later than 180 days after the date of the funding 
     approval, the producing State or coastal political 
     subdivision shall submit to the Secretary for approval an 
     amendment to the plan that includes any projects funded under 
     paragraph (1).
       ``(C) Limitation.--If a producing State or coastal 
     political subdivision does not submit the additional 
     information or amendments to the plan required by this 
     paragraph by the deadlines specified in this paragraph, the 
     Secretary shall not disburse any additional funds to the 
     producing State or the coastal political subdivisions until 
     the date on which the additional information or amendment to 
     the plan has been approved by the Secretary.''.
                                 ______
                                 
  SA 4214. Mr. McCAIN (for himself, Mr. Kyl, Mrs. Hutchison, Mr. 
Cornyn, Mr. Graham, Mr. Isakson, Mr. Roberts, Mr. Chambliss, and Mr. 
Webb) submitted an amendment intended to be proposed by him to the bill 
H.R. 4899, making emergency supplemental appropriations for disaster 
relief and summer jobs for the fiscal year ending September 30, 2010, 
and for other purposes; as follows:

       At the end of chapter 3 of title I, add the following:


national guard support to secure the southern land border of the united 
                                 states

       Sec. 309.  (a) Additional Amount.--For an additional amount 
     under this chapter for the deployment of not fewer than 6,000 
     National Guard personnel to perform operations and missions 
     under section 502(f) of title 32, United States Code, in the 
     States along the southern land border of the United States 
     for the purposes of assisting U.S. Customs and Border 
     Protection in securing such border, $250,000,000.
       (b) Offsetting Rescission.--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 $250,000,000 in order to offset the amount 
     appropriated by subsection (a).
                                 ______
                                 
  SA 4215. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 20 of the amendment, between lines 4 and 5, insert 
     the following:
       (c) Partial Exemption.--A State may exempt from its State 
     law, or from the requirements established under this title, 
     individuals employed by the office of the sheriff in States 
     that do not provide the rights and responsibilities described 
     in section 4004(b) for law enforcement officers prior to the 
     date of enactment of this Act or a political subdivision of 
     the State that has a population of less than 5,000 or that 
     employs fewer than 25 full time employees. For purposes of 
     this subsection, the term `employees' includes each 
     individual employed by the political subdivision except any 
     individual elected by popular vote or appointed to serve on a 
     board or commission.
                                 ______
                                 
  SA 4216. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 20 of the amendment, after line 8, add the 
     following:

     SEC. 4010. GUARANTEEING PUBLIC SAFETY AND LOCAL CONTROL OF 
                   TAXES AND SPENDING.

       Notwithstanding any State law or regulation issued under 
     section 4005, no collective-bargaining obligation may be 
     imposed on any political subdivision or any public safety 
     employer, and no contractual provision may be imposed on any 
     political subdivision or public safety employer, if either 
     the principal administrative officer of such public safety 
     employer, or the chief elected official of such political 
     subdivision certifies that the obligation, or any provision 
     would be contrary to the best interests of public safety; or 
     would result in any increase in local taxes, or would result 
     in any decrease in the level of public safety or other 
     municipal services.
                                 ______
                                 
  SA 4217. Mr. McCAIN (for himself, Mr. Levin, Ms. Collins, Mr. 
Lieberman, and Mr. Brown of Massachusetts) submitted an amendment 
intended to be proposed by him to the bill H.R. 4899, making emergency 
supplemental appropriations for disaster relief and summer jobs for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 26, between lines 2 and 3, insert the following:
       (d) Submittal of Charter and Reports to Additional 
     Committees of Congress.--At the same time the Director of 
     National Intelligence submits the charter and procedures 
     referred to in subsection (a), any modification or revision 
     to the charter or procedures under subsection (b), and any 
     report under subsection (c) to the congressional intelligence 
     committees, the Director shall also submit such matter to--
       (1) the Committees on Armed Services, Homeland Security and 
     Governmental Affairs, the Judiciary, and Appropriations of 
     the Senate; and
       (2) the Committees on Armed Services, Homeland Security, 
     the Judiciary, and Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 4218. Ms. COLLINS (for herself, Mr. Inhofe, Mr. Alexander, Mr. 
Brownback, Mr. Brown of Massachusetts, Mr. Gregg, Ms. Snowe, Mr. 
Coburn, Mr. Bond, Ms. Murkowski, Mr. Voinovich, Mr. Burr, Mr. Begich, 
and Mr. Corker) submitted an amendment intended to be proposed by him 
to the bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 79, between lines 3 and 4, insert the following:


                   prohibition on fines and liability

       Sec. 20__. None of the funds made available by this Act or 
     any other provision of law shall be used to levy against any 
     person any fine, or to hold any person liable for 
     construction or renovation work performed by the person, in 
     any State under the final rule entitled ``Lead; Renovation, 
     Repair, and Painting Program; Lead Hazard Information 
     Pamphlet; Notice of Availability; Final Rule'' (73 Fed. Reg. 
     21692 (April 22, 2008)), and the final rule entitled ``Lead; 
     Amendment to the Opt-out and Recordkeeping Provisions in the 
     Renovation, Repair, and Painting Program'', signed by the 
     Administrator on April

[[Page 9075]]

     22, 2010, if the person has applied to enroll in, or has 
     enrolled in, by not later than September 30, 2010, a 
     certified renovator class to train contractors in practices 
     necessary for compliance with the final rules, as determined 
     by the Administrator.
                                 ______
                                 
  SA 4219. Mr. McCAIN (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill H.R. 4899, making emergency 
supplemental appropriations for disaster relief and summer jobs 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:

              United States Customs and Border Protection

                       southwest border security

       For an additional amount for hiring, training, and 
     supporting additional border patrol agents to protect the 
     Southwest border, $603,940,000, to remain available until 
     September 30, 2011: Provided, That the Secretary of Homeland 
     Security shall ensure that there are 6,000 more border patrol 
     agents serving on the Southwest border on January 1, 2015 
     than the number of such agents serving on such border as of 
     the date of the enactment of this Act.

                              (rescission)

       Of the amounts appropriated or made available under 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) that remain unobligated as of the 
     date of the enactment of this Act, $603,940,000 is hereby 
     rescinded.
                                 ______
                                 
  SA 4220. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 36, between lines 2 and 3, insert the following:
       Sec. 608.  None of the amounts appropriated under the 
     heading ``Border Security Fencing, Infrastructure, and 
     Technology'' in title II of the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83) that 
     are unobligated as of the date of the enactment of this Act 
     may be expended on the Secure Border Initiative Network 
     (commonly known as ``SBInet'').
                                 ______
                                 
  SA 4221. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 35, line 7, insert ``FEMA-1858-DR,'' before ``FEMA-
     1894-DR,''.
                                 ______
                                 
  SA 4222. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs 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 of chapter 9 of title I, add the following:


  limitation on use of funds available to the department of veterans 
                                affairs

       Sec. 902. The amount made available to the Department of 
     Veterans Affairs by this chapter under the heading ``Veterans 
     Benefits Administration'' under the heading ``compensation 
     and pensions'' may not be obligated or expended until the 
     expiration of the period for Congressional disapproval under 
     chapter 8 of title 5, United States Code (commonly referred 
     to as the ``Congressional Review Act''), of the regulations 
     prescribed by the Secretary of Veterans Affairs pursuant to 
     section 1116 of title 38, United States Code, to establish a 
     service connection between exposure of veterans to Agent 
     Orange during service in the Republic of Vietnam during the 
     Vietnam era and hairy cell leukemia and other chronic B cell 
     leukemias, Parkinson's disease, and ischemic heart disease.
                                 ______
                                 
  SA 4223. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 11, strike lines 9 through 22 and insert the 
     following:
       The Science Appropriations Act, 2010 (title III of division 
     B of Public Law 111-117; 123 Stat. 3142) is amended under the 
     heading relating to ``exploration'' by striking ``: 
     Provided,'' and all that follows and inserting a period.
                                 ______
                                 
  SA 4224. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 81, between lines 23 and 24, insert the following:
       Sec. 3008.  Section 159(b)(2)(C) of title I of division A 
     of the Consolidated Appropriations Act, 2010 (49 U.S.C. 24305 
     note) is amended by striking clauses (i) and (ii) and 
     inserting the following:
       ``(i) requiring inspections of any container containing a 
     firearm or ammunition; and
       ``(ii) the temporary suspension of firearm carriage service 
     if credible intelligence information indicates a threat 
     related to the national rail system or specific routes or 
     trains.''.
                                 ______
                                 
  SA 4225. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making emergency supplemental appropriations 
for disaster relief and summer jobs for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 36, between lines 2 and 3, insert the following:
       Sec. 608.  None of the amounts made available for fiscal 
     year 2010 or 2011 in any Act for Community Oriented Policing 
     Services may be used in contravention of section 642(a) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1373(a)).
                                 ______
                                 
  SA 4226. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 18 of the amendment, line 2, strike ``benefits.'' 
     and insert the following: ``benefits; or
       ``(8) to apply to a public safety agency that is 
     established prior to the date of enactment of this Act under 
     applicable State law that has a chief law enforcement officer 
     who has the authority to, in a manner independent of other 
     State and local entities, establish and maintain its own 
     budget and levy taxes for the operation of such agency.

     For purposes of paragraph (8), the term `chief law 
     enforcement officer' means an elected sheriff who is 
     identified in State law as the ex-officio Chief Law 
     Enforcement Officer of a law enforcement district.''.
                                 ______
                                 
  SA 4227. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 4899, making emergency supplemental 
appropriations for disaster relief and summer jobs 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) For an additional amount for the Office of 
     Refugee Resettlement, $2,000,000, which shall be used for the 
     Refugee School Impact Grant Program to help schools 
     accommodate and provide services for Haitian refugee students 
     following the earthquake in Port-au-Prince on January 12, 
     2010.
       (b) The amount appropriated under subsection (a) is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       (c)(1) Section 4975(c) of the Internal Revenue Code of 1986 
     (defining prohibited transaction) is amended by adding at the 
     end the following new paragraph:
       ``(7) Special rules for transactions involving owners of 
     individual retirement plans.--
       ``(A) In general.--In the case of a plan described in 
     subparagraph (B) or (C) of subsection (e)(1), any transaction 
     between such plan (or any controlled entity of such plan) and 
     the owner of such plan (or any controlled entity of such 
     owner) shall be treated as a prohibited transaction for 
     purposes of this section if not otherwise so treated.
       ``(B) Controlled entity.--For purposes of this paragraph, 
     the term `controlled entity' means, with respect to any 
     person, a corporation, partnership, or trust or estate of 
     which (or in which) 50 percent or more of--
       ``(i) the combined voting power of all classes of stock 
     entitled to vote or the total value of shares of all classes 
     of stock of such corporation,
       ``(ii) the capital interest or profits interest of such 
     partnership, or

[[Page 9076]]

       ``(iii) the beneficial interest of such trust or estate,

     is owned or held directly or indirectly by such person or any 
     related person. The Secretary may by regulation expand the 
     application of this paragraph to other pass-thru entities.
       ``(C) Owner.--For purposes of this paragraph, the term 
     `owner' means, with respect to any plan, the individual for 
     whose benefit the plan is maintained.''.
       (d)(1) Except as provided in paragraph (2), the amendment 
     made by subsection (c) shall apply to transactions occurring 
     after the date of the enactment of this Act.
       (2) The amendment made by subsection (c) shall not apply to 
     any transaction occurring after the date of the enactment of 
     this Act pursuant to a written binding contract in effect on 
     such date and at all times thereafter.
                                 ______
                                 
  SA 4228. Mr. KYL (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 4202 submitted by Mr. Cornyn 
(for himself, Mr. Kyl, Mrs. Hutchison, and Mr. McCain) to the bill H.R. 
4899, making emergency supplemental appropriations for disaster relief 
and summer jobs 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 of the amendment, add the following:
       (j) Operation Streamline.--For an additional amount to 
     fully fund multi-agency law enforcement initiatives that 
     address illegal crossings of the Southwest border, including 
     those in the Tucson Sector, as authorized under title II of 
     Division B and title III of Division C of Public Law 111-117, 
     $200,000,000, of which--
       (1) $155,000,000 shall be available for the Department of 
     Justice for--
       (A) hiring additional Deputy United States Marshals;
       (B) constructing additional permanent and temporary 
     detention space; and
       (C) other established and related needs of the Secretary of 
     Homeland Security and the Attorney General; and
       (2) $45,000,000 shall be available for the Judiciary for--
       (A) courthouse renovation;
       (B) administrative support, including hiring additional 
     clerks for each District to process additional criminal 
     cases; and
       (C) hiring additional judges.
       (k) Offsetting Rescission.--
       (1) In general.--Notwithstanding section 5 of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5), 
     $200 million of the amounts appropriated or made available 
     under Division A of such Act that remain unobligated as of 
     the date of the enactment of this Act are hereby rescinded.
                                 ______
                                 
  SA 4229. Mr. ENSIGN (for himself and Mr. Reid) submitted an amendment 
intended to be proposed by him to the bill H.R. 4899, making emergency 
supplemental appropriations for disaster relief and summer jobs 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 of chapter 3 of title I, add the following:
       Sec. 309.  No funds appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     transfer a C-130 aircraft from a unit of the National Guard 
     in a State to a unit of the Air Force, whether a regular unit 
     or a unit of a reserve component, in another State.
                                 ______
                                 
  SA 4230. Mr. ENSIGN (for himself and Mr. Reid) submitted an amendment 
intended to be proposed by him to the bill H.R. 4899, making emergency 
supplemental appropriations for disaster relief and summer jobs 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 of chapter 3 of title I, add the following:
       Sec. 309. (a) Limitations on Transfer of C-130H Aircraft 
     From National Guard to Air Force Units in Another State.--No 
     funds appropriated or otherwise made available by this Act 
     may be obligated or expended to transfer a C-130H aircraft 
     from a unit of the National Guard in a State to a unit of the 
     Air Force, whether a regular unit or a unit of a reserve 
     component, in another State unless each of the following is 
     met:
       (1) The aircraft shall be returned to the transferring unit 
     at a date, not later than 18 months after the date of 
     transfer, specified by the Secretary of the Air Force at the 
     time of transfer.
       (2) Not later than 180 days before the date of transfer, 
     the Secretary of the Air Force shall submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the members of Congress of the State 
     concerned, and the Chief Executive Officer and adjutant 
     general of the National Guard of the State concerned the 
     following:
       (A) A written justification of the transfer.
       (B) A description of the alternatives to transfer 
     considered by the Air Force and, for each alternative 
     considered, a justification for the decision not to utilize 
     such alternative.
       (3) If a C-130H aircraft has previously been transferred 
     from any National Guard unit in the same State as the unit 
     proposed to provide the C-130H aircraft for transfer, the 
     transfer may not occur until the earlier of--
       (A) the date following such previous transfer on which each 
     other State with National Guard units with C-130H aircraft 
     has transferred a C-130H aircraft to a unit of the Air Force 
     in another State; or
       (B) the date that is 18 months after the date of such 
     previous transfer.
       (b) Return of Aircraft.--Any C-130H aircraft transferred 
     from the National Guard to a unit of the Air Force under 
     subsection (a) shall be returned to the National Guard of the 
     State concerned upon a written request by the Chief Executive 
     Officer of such State for the return of such aircraft to 
     assist the National Guard of such State in responding to a 
     disaster or other emergency.
                                 ______
                                 
  SA 4231. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the end of the bill, add the following:

       TITLE IV--PAYMENT OF COSTS OF SUPPLEMENTAL APPROPRIATIONS

     SEC. 4001. TEMPORARY ONE-YEAR FREEZE ON RAISES, BONUSES, AND 
                   OTHER SALARY INCREASES FOR FEDERAL EMPLOYEES.

       Notwithstanding any other provision of law, civilian 
     employees of the Federal Government in fiscal year 2011 shall 
     not receive a cost of living adjustment or other salary 
     increase, including a bonus. The salaries of members of the 
     armed forces are exempt from the provisions of this section.

     SEC. 4002. CAPPING THE TOTAL NUMBER OF FEDERAL EMPLOYEES.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the head of each relevant Federal 
     department or agency shall collaborate with the Director of 
     the Office of Management and Budget to determine how many 
     full-time employees the department or agency employs. For 
     each new full-time employee added to any Federal department 
     or agency for any purpose, the head of such department or 
     agency shall ensure that the addition of such new employee is 
     offset by a reduction of one existing full-time employee at 
     such department or agency.
       (b) Information on Total Employees.--The Director of the 
     Office of Management and Budget shall publicly disclose the 
     total number of Federal employees, as well as a breakdown of 
     Federal employees by agency and the annual salary by title of 
     each Federal employee at an agency and update such 
     information not less than once a year.

     SEC. 4003. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                   FEDERAL GOVERNMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

  ``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                           FEDERAL GOVERNMENT

     ``Sec. 7381. Collection of unpaid taxes from employees of the 
       Federal Government

       ``(a) Definition.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Congress, including 
     Members of the House of Representatives and Senators.
       ``(b) Collection of Unpaid Taxes.--The Internal Revenue 
     Service shall coordinate with the Department of Treasury and 
     the hiring agency of a Federal employee who has a seriously 
     delinquent tax debt to collect such taxes by withholding a 
     portion of the employee's salary over a period set by the 
     hiring agency to ensure prompt payment.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

[[Page 9077]]

  ``subchapter viii--collection of unpaid taxes from employees of the 
                           federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal 
              Government.''.

     SEC. 4004. REDUCING PRINTING AND PUBLISHING COSTS OF 
                   GOVERNMENT DOCUMENTS.

       Within 90 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the heads of Federal departments and 
     independent agencies to determine which Government 
     publications could be available on Government websites and no 
     longer printed and to devise a strategy to reduce overall 
     Government printing costs by no less than a total of 
     $4,600,000 over the 10-year period beginning with fiscal year 
     2010. The Director shall ensure that essential printed 
     documents prepared for Social Security recipients, Medicare 
     beneficiaries, and other populations in areas with limited 
     internet access or use continue to remain available.

     SEC. 4005. REDUCING EXCESSIVE DUPLICATION, OVERHEAD AND 
                   SPENDING WITHIN THE FEDERAL GOVERNMENT.

       (a) Reducing Duplication.--The Director of the Office of 
     Management Budget and the Secretary of each department (or 
     head of each independent agency) shall work with the Chairman 
     and ranking member of the relevant congressional 
     appropriations subcommittees and the congressional 
     authorizing committees and the Director of the Office of 
     Management Budget to consolidate programs with duplicative 
     goals, missions, and initiatives.
       (b) Controlling Bureaucratic Overhead Costs.--Each Federal 
     department and agency shall reduce annual administrative 
     expenses by at least five percent in fiscal year 2011.
       (c) Rescissions of Excessive Spending.--There is hereby 
     rescinded an amount equal to 5 percent of--
       (1) the budget authority provided (or obligation limit 
     imposed) for fiscal year 2010 for any discretionary account 
     in any other fiscal year 2010 appropriation Act;
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2010 for any discretionary 
     account in any prior fiscal year appropriation Act; and
       (3) the contract authority provided in fiscal year 2010 for 
     any program subject to limitation contained in any fiscal 
     year 2010 appropriation Act.
       (d) Proportionate Application.--Any rescission made by 
     subsection (a) shall be applied proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in such subsection; and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget)
       (e) Exceptions.--This section shall not apply to 
     discretionary authority appropriated or otherwise made 
     available to the Department of Veterans Affairs.
       (f) OMB Report.--Within 30 days after the date of enactment 
     of this section, the Director of the Office of Management and 
     Budget shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a report 
     specifying the account and amount of each rescission made 
     pursuant to this section and the report shall be posted on 
     the public website of the Office of Management and Budget.

     SEC. 4006. ELIMINATING NONESSENTIAL GOVERNMENT TRAVEL.

       Within 60 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget, in 
     consultation with the heads of the Federal departments and 
     agencies, shall establish a definition of ``nonessential 
     travel'' and criteria to determine if travel-related expenses 
     and requests by Federal employees meet the definition of 
     ``nonessential travel''. No travel expenses paid for, in 
     whole or in part, with Federal funds shall be paid by the 
     Federal Government unless a request is made prior to the 
     travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.

     SEC. 4007. ELIMINATING BONUSES FOR POOR PERFORMANCE BY 
                   GOVERNMENT CONTRACTORS.

       (a) Guidance on Linking of Award and Incentive Fees to 
     Outcomes.--Not later than 180 days after the date of 
     enactment of this Act, each Federal department or agency 
     shall issue guidance, with detailed implementation 
     instructions (including definitions), on the appropriate use 
     of award and incentive fees in department or agency programs.
       (b) Elements.--The guidance under subsection (a) shall--
       (1) ensure that all new contracts using award fees link 
     such fees to outcomes (which shall be defined in terms of 
     program cost, schedule, and performance);
       (2) establish standards for identifying the appropriate 
     level of officials authorized to approve the use of award and 
     incentive fees in new contracts;
       (3) provide guidance on the circumstances in which 
     contractor performance may be judged to be excellent or 
     superior and the percentage of the available award fee which 
     contractors should be paid for such performance;
       (4) establish standards for determining the percentage of 
     the available award fee, if any, which contractors should be 
     paid for performance that is judged to be acceptable, 
     average, expected, good, or satisfactory;
       (5) ensure that no award fee may be paid for contractor 
     performance that is judged to be below satisfactory 
     performance or performance that does not meet the basic 
     requirements of the contract;
       (6) provide specific direction on the circumstances, if 
     any, in which it may be appropriate to roll over award fees 
     that are not earned in one award fee period to a subsequent 
     award fee period or periods;
       (7) ensure that the Department or agency--
       (A) collects relevant data on award and incentive fees paid 
     to contractors; and
       (B) has mechanisms in place to evaluate such data on a 
     regular basis; and
       (8) include performance measures to evaluate the 
     effectiveness of award and incentive fees as a tool for 
     improving contractor performance and achieving desired 
     program outcomes.
       (c) Return of Unearned Bonuses.--Any funds intended to be 
     awarded as incentive fees that are not paid due to 
     contractors inability to meet the criteria established by 
     this section shall be returned to the Treasury.

     SEC. 4008. ELIMINATING GOVERNMENT WASTE AND INEFFICIENCY.

       Within 30 days after the date of enactment of this Act, the 
     Energy Star program administered by the United States 
     Environmental Protection Agency shall be terminated and no 
     Federal tax rebates or tax credits related to the Energy Star 
     program shall be any longer available.

     SEC. 4009. STRIKING INCREASE IN FOREIGN AID FOR INTERNATIONAL 
                   ORGANIZATIONS.

       Notwithstanding any other provision of this Act, the total 
     amount appropriated under the heading ``contributions for 
     international peacekeeping activities'' under the heading 
     ``International Organizations'' under chapter 10 of title I 
     of this Act is hereby reduced by $68,000,000 and no more than 
     $28,500,000 may be made available by this section, Provided 
     That, this section does not prohibit additional funds 
     otherwise appropriated to be spent for emergency security in 
     Haiti in accordance with law.

     SEC. 4010. $1,000,000,000 LIMITATION ON VOLUNTARY PAYMENTS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, the Secretary 
     of State shall ensure no more than $1,000,000,000 is provided 
     to the United Nations each year in excess of the United 
     States' annual assessed contributions.

     SEC. 4011. RETURNING EXCESSIVE FUNDS FROM AN UNNECESSARY, 
                   UNNEEDED, UNREQUESTED, DUPLICATIVE RESERVE FUND 
                   THAT MAY NEVER BE SPENT.

       Notwithstanding any other provision of law, unobligated 
     funds for the Women, Infants and Children special 
     supplemental nutrition program appropriated and placed in 
     reserve by Public Law 111-5 are rescinded.

     SEC. 4012. STRIKING AN UNNECESSARY APPROPRIATION FOR SALARIES 
                   AND EXPENSES OF A GOVERNMENT COMMISSION.

       Notwithstanding any other provision of this Act, no funds 
     shall be appropriated or otherwise made available for 
     salaries or any other expenses of the Financial Crisis 
     Inquiry Commission established pursuant to section 5 of the 
     Fraud Enforcement and Recovery Act of 2009 (Public Law 111-
     21).

     SEC. 4013. RESCINDING A STATE DEPARTMENT TRAINING FACILITY 
                   UNWANTED BY RESIDENTS OF THE COMMUNITY IN WHICH 
                   IT IS IT IS PLANNED TO BE CONSTRUCTED.

       Notwithstanding any other provision of law, no Federal 
     funds may be spent to construct a State Department training 
     facility in Ruthsberg, Maryland, and any funding obligated 
     for the facility by Public Law 111-5 are rescinded, Provided 
     That, this section does not prohibit funds otherwise 
     appropriated to be spent by the State Department for training 
     facilities in other jurisdictions in accordance with law.
                                 ______
                                 
  SA 4232. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 4899, making 
emergency supplemental appropriations for

[[Page 9078]]

disaster relief and summer jobs for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

       At the end of the bill, add the following:

       TITLE IV--PAYMENT OF COSTS OF SUPPLEMENTAL APPROPRIATIONS

     SEC. 4001. REDUCING BUDGETS OF MEMBERS OF CONGRESS.

       Of the funds made available under Public Law 111-68 for the 
     legislative branch, $100,000,000 in unobligated balances are 
     permanently rescinded: Provided, That the rescissions made by 
     the section shall not apply to funds made available to the 
     Capitol Police.

     SEC. 4002. DISCLOSING COST OF CONGRESSIONAL BORROWING AND 
                   SPENDING.

       (a) In General.--The Secretary of the Senate shall post 
     prominently on the front page of the public website of the 
     Senate (http://www.senate.gov/) the following information:
       (1) The total amount of discretionary and direct spending 
     passed by the Senate that has not been paid for, including 
     emergency designated spending or spending otherwise exempted 
     from PAYGO requirements.
       (2) The total amount of net spending authorized in 
     legislation passed by the Senate, as scored by CBO.
       (3) The number of new government programs created in 
     legislation passed by the Senate.
       (4) The totals for paragraphs (1) through (3) as passed by 
     both Houses of Congress and signed into law by the President.
       (b) Display.--The information tallies required by 
     subsection (a) shall be itemized by bill and date, updated 
     weekly, and archived by calendar year.
       (c) Effective Date.--The PAYGO tally required by subsection 
     (a)(1) shall begin with the date of enactment of the 
     Statutory Pay-As-You-Go Act of 2010 and the authorization 
     tally required by subsection (a)(2) shall apply to all 
     legislation passed beginning January 1, 2010.

     SEC. 4003. DISPOSING OF UNNEEDED AND UNUSED GOVERNMENT 
                   PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Expedited disposal of a real property.--The term 
     `expedited disposal of a real property' means a demolition of 
     real property or a sale of real property for cash that is 
     conducted under the requirements of section 545.
       ``(3) Landholding agency.--The term `landholding agency' 
     means a landholding agency as defined under section 501(i)(3) 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i)(3)).
       ``(4) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described under clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property or building or other structure 
     located on such real property that is to be closed or 
     realigned under the Defense Base Closure and Realignment Act 
     of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note).

     ``Sec. 622. Disposal program

       ``(a) The Director of the Office of Management and Budget 
     shall dispose of by sale or auction not less than 
     $15,000,000,000 worth of real property that is not meeting 
     Federal Government from fiscal year 2010 to fiscal year 2015.
       ``(b) Agencies shall recommend candidate disposition real 
     properties to the Director for participation in the pilot 
     program established under section 622.
       ``(c) The Director, with the concurrence of the head of the 
     executive agency concerned and consistent with the criteria 
     established in this subchapter, may then select such 
     candidate real properties for participation in the program 
     and notify the recommending agency accordingly.
       ``(d) The Director shall ensure that all real properties 
     selected for disposition under this section are listed on a 
     website that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow members of the 
     public, at their option, to receive such updates through 
     electronic mail.
       ``(e) The Director may transfer real property identified in 
     the enactment of this section to the Department of Housing 
     and Urban Development if the Secretary of Housing and Urban 
     Development has determined such properties are suitable for 
     use to assist the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions .
``Sec. 622. Disposal program.''.

     SEC. 4004. AUCTIONING AND SELLING OF UNUSED AND UNNEEDED 
                   EQUIPMENT.

       (a) Notwithstanding section 1033 of the National Defense 
     Authorization Act of 1997 or any other provision of law, the 
     Secretary of Defense shall auction or sell unused, 
     unnecessary, or surplus supplies and equipment without 
     providing preference to State or local governments.
       (b) The Secretary may make exceptions to the sale or 
     auction of such equipment for transfers of excess military 
     property to state and local law enforcement agencies related 
     to counter-drug efforts, counter-terrorism activities, or 
     other efforts determined to be related to national defense or 
     homeland security. The Secretary of Defense may sell such 
     equipment to State and local agencies at fair market value.

     SEC. 4005. RESCINDING UNSPENT AND UNCOMMITTED FEDERAL FUNDS.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available uncommitted unobligated Federal funds, 
     $80,000,000,000 in appropriated discretionary unexpired funds 
     are rescinded.
       (b) Implementation.--Not later than 60 days after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall--
       (1) identify the accounts and amounts rescinded to 
     implement subsection (a); and
       (2) submit a report to the Secretary of the Treasury and 
     Congress of the accounts and amounts identified under 
     paragraph (1) for rescission.
       (c) Exception.--This section shall not apply to the 
     unobligated Federal funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 4233. Ms. CANTWELL (for herself and Mr. Hatch) submitted an 
amendment intended to be proposed by her to the bill H.R. 4899, making 
emergency supplemental appropriations for disaster relief and summer 
jobs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 81, between lines 23 and 24, insert the following:

             DIVISION __--RECONSTRUCTION OPPORTUNITY ZONES

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Afghanistan and 
     Pakistan Reconstruction Opportunity Zones Act of 2010''.

     SEC. __02. DEFINITIONS; PURPOSES.

       (a) Definitions.--In this division:
       (1) Agreement on textiles and clothing.--The term 
     ``Agreement on Textiles and Clothing'' means the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
       (2) Category; textile and apparel category number.--The 
     terms ``category'' and ``textile and apparel category 
     number'' mean the number assigned under the U.S. Textile and 
     Apparel Category System of the Office of Textiles and Apparel 
     of the Department of Commerce, as listed in the HTS under the 
     applicable heading or subheading (as in effect on September 
     1, 2007).
       (3) Entered.--The term ``entered'' means entered, or 
     withdrawn from warehouse for consumption, in the customs 
     territory of the United States.
       (4) Entity.--The term ``entity'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, any other 
     nongovernmental entity, organization, or group, whether or 
     not for profit;
       (B) any governmental entity or instrumentality of a 
     government; and
       (C) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (A) or (B).
       (5) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (6) NAFTA.--The term ``NAFTA'' means the North American 
     Free Trade Agreement concluded between the United States, 
     Mexico, and Canada on December 17, 1992.
       (7) Reconstruction opportunity zone.--The term 
     ``Reconstruction Opportunity Zone'' means any area that--
       (A) encompasses portions of the territory of--
       (i) Afghanistan; or
       (ii) 1 or more of the following areas of Pakistan:

       (I) the Federally Administered Tribal Areas;
       (II) areas of Pakistan-administered Kashmir that the 
     President determines were harmed by the earthquake of October 
     8, 2005;
       (III) areas of Baluchistan that are within 100 miles of 
     Pakistan's border with Afghanistan; and
       (IV) the North West Frontier Province;

       (B) has been designated by the competent authorities in 
     Afghanistan or Pakistan, as

[[Page 9079]]

     the case may be, as an area in which merchandise may be 
     introduced without payment of duty or excise tax; and
       (C) has been designated by the President as a 
     Reconstruction Opportunity Zone pursuant to section __03(a).
       (b) Purposes.--The purposes of this division are--
       (1) to stimulate economic activity and development in 
     Afghanistan and the border region of Pakistan, critical 
     fronts in the struggle against violent extremism;
       (2) to reflect the strong support that the United States 
     has pledged to Afghanistan and Pakistan for their sustained 
     commitment in the global war on terrorism;
       (3) to support the 3-pronged United States strategy in 
     Afghanistan and the border region of Pakistan that leverages 
     political, military, and economic tools, with Reconstruction 
     Opportunity Zones as a critical part of the economic 
     component of that strategy; and
       (4) to offer a vital opportunity to improve livelihoods, 
     promote good governance, and extend and strengthen the 
     Governments of Afghanistan and Pakistan.

     SEC. __03. DESIGNATION OF RECONSTRUCTION OPPORTUNITY ZONES.

       (a) Authority To Designate.--The President is authorized to 
     designate an area within Afghanistan or Pakistan described in 
     section __02(a)(7) (A) and (B) as a Reconstruction 
     Opportunity Zone if the President determines that--
       (1) Afghanistan or Pakistan, as the case may be, meets the 
     eligibility criteria set forth in subsection (b);
       (2) Afghanistan or Pakistan, as the case may be, meets the 
     eligibility criteria set forth in subsection (c) of section 
     502 of the Trade Act of 1974 (19 U.S.C. 2462(c)) for 
     designation as a beneficiary developing country under that 
     section and is not ineligible under subsection (b) of such 
     section; and
       (3) designation of the area as a Reconstruction Opportunity 
     Zone is appropriate taking into account the factors listed in 
     subsection (c).
       (b) Eligibility Criteria.--Afghanistan or Pakistan, as the 
     case may be, meets the eligibility criteria set forth in this 
     subsection if that country--
       (1) has established, or is making continual progress toward 
     establishing--
       (A) a market-based economy that protects private property 
     rights, incorporates an open rules-based trading system, and 
     minimizes government interference in the economy through 
     measures such as price controls, subsidies, and government 
     ownership of economic assets;
       (B) the rule of law, political pluralism, and the right to 
     due process, a fair trial, and equal protection under the 
     law;
       (C) economic policies to--
       (i) reduce poverty;
       (ii) increase the availability of health care and 
     educational opportunities;
       (iii) expand physical infrastructure;
       (iv) promote the development of private enterprise; and
       (v) encourage the formation of capital markets through 
     microcredit or other programs;
       (D) a system to combat corruption and bribery, such as 
     ratifying and implementing the United Nations Convention 
     Against Corruption; and
       (E) protection of internationally recognized worker rights, 
     as defined in section 507(4) of the Trade Act of 1974 (19 
     U.S.C. 2467(4));
       (2) is eliminating or has eliminated barriers to trade and 
     investment, including by--
       (A) providing national treatment and measures to create an 
     environment conducive to domestic and foreign investment;
       (B) protecting intellectual property; and
       (C) resolving bilateral trade and investment disputes;
       (3) does not engage in activities that undermine United 
     States national security or foreign policy interests;
       (4) does not engage in gross violations of internationally 
     recognized human rights;
       (5) does not provide support for acts of international 
     terrorism; and
       (6) cooperates in international efforts to eliminate human 
     rights violations and terrorist activities.
       (c) Additional Factors.--In determining whether to 
     designate an area in Afghanistan or Pakistan as a 
     Reconstruction Opportunity Zone, the President shall take 
     into account--
       (1) an expression by the government of the country of its 
     desire to have a particular area designated as a 
     Reconstruction Opportunity Zone under this division;
       (2) whether the government of the country has provided the 
     United States with a monitoring and enforcement plan 
     outlining specific steps the country will take to cooperate 
     with the United States to--
       (A) facilitate legitimate cross-border commerce;
       (B) ensure that articles for which duty-free treatment is 
     sought pursuant to this division satisfy the applicable rules 
     of origin described in section __04 (c) and (d) or section 
     __05 (c) and (d), whichever is applicable;
       (C) prevent unlawful transshipment, as described in section 
     __06(b)(3); and
       (D) protect internationally recognized worker rights, as 
     defined in section 507(4) of the Trade Act of 1974 (19 U.S.C. 
     2467(4));
       (3) the potential for such designation to create local 
     employment and to promote local and regional economic 
     development;
       (4) the physical security of the proposed Reconstruction 
     Opportunity Zone;
       (5) the economic viability of the proposed Reconstruction 
     Opportunity Zone, including--
       (A) whether there are commitments to finance economic 
     activity proposed for the Reconstruction Opportunity Zone; 
     and
       (B) whether there is existing or planned infrastructure for 
     power, water, transportation, and communications in the area;
       (6) whether such designation would be compatible with and 
     contribute to the foreign policy and national security 
     objectives of the United States, taking into account the 
     information provided under subsection (d); and
       (7) the views of interested persons submitted pursuant to 
     subsection (e).
       (d) Information Relating to Compatibility With and 
     Contribution to Foreign Policy and National Security 
     Objectives of the United States.--In determining whether 
     designation of a Reconstruction Opportunity Zone would be 
     compatible with and contribute to the foreign policy and 
     national security objectives of the United States in 
     accordance with subsection (c)(6), the President shall take 
     into account whether Afghanistan or Pakistan, as the case may 
     be, has provided the United States with a plan outlining 
     specific steps it will take to verify the ownership and 
     nature of the activities of entities to be located in the 
     proposed Reconstruction Opportunity Zone. The specific steps 
     outlined in a country's plan shall include a mechanism by 
     which a competent authority of the country--
       (1) collects from each entity operating in, or proposing to 
     operate in, a Reconstruction Opportunity Zone, information 
     including--
       (A) the name and address of the entity;
       (B) the name and location of all facilities owned or 
     operated by the entity that are operating in or proposed to 
     be operating in a Reconstruction Opportunity Zone;
       (C) the name, nationality, date and place of birth, and 
     position title of each person who is an owner, director, or 
     officer of the entity; and
       (D) the nature of the activities of each entity;
       (2) updates the information required under paragraph (1) as 
     changes occur; and
       (3) provides such information promptly to the Secretary of 
     State.
       (e) Opportunity for Public Comment.--Before the President 
     designates an area as a Reconstruction Opportunity Zone 
     pursuant to subsection (a), the President shall afford an 
     opportunity for interested persons to submit their views 
     concerning the designation.
       (f) Notification to Congress.--Before the President 
     designates an area as a Reconstruction Opportunity Zone 
     pursuant to subsection (a), the President shall notify 
     Congress of the President's intention to make the 
     designation, together with the reasons for making the 
     designation.

     SEC. __04. DUTY-FREE TREATMENT FOR CERTAIN NONTEXTILE AND 
                   NONAPPAREL ARTICLES.

       (a) In General.--The President is authorized to proclaim 
     duty-free treatment for--
       (1) any article from a Reconstruction Opportunity Zone that 
     the President has designated as an eligible article under 
     section 503(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
     2463(a)(1)(A));
       (2) any article from a Reconstruction Opportunity Zone 
     located in Afghanistan that the President has designated as 
     an eligible article under section 503(a)(1)(B) of the Trade 
     Act of 1974 (19 U.S.C. 2463(a)(1)(B)); or
       (3) any article from a Reconstruction Opportunity Zone that 
     is not a textile or apparel article, regardless of whether 
     the article has been designated as an eligible article under 
     section 503(a)(1)(A) or (B) of the Trade Act of 1974 (19 
     U.S.C. 2463(a)(1)(A) or (B)), if, after receiving the advice 
     of the International Trade Commission pursuant to subsection 
     (b), the President determines that such article is not 
     import-sensitive in the context of imports from a 
     Reconstruction Opportunity Zone.
       (b) Advice Concerning Certain Eligible Articles.--Before 
     proclaiming duty-free treatment for an article pursuant to 
     subsection (a)(3), the President shall publish in the Federal 
     Register and provide the International Trade Commission a 
     list of articles which may be considered for such treatment. 
     The provisions of sections 131 through 134 of the Trade Act 
     of 1974 (19 U.S.C. 2151 through 2154) shall apply to any 
     designation under subsection (a)(3) in the same manner as 
     such sections apply to action taken under section 123 of the 
     Trade Act of 1974 (19 U.S.C. 2133) regarding a proposed trade 
     agreement.
       (c) General Rules of Origin.--
       (1) In general.--The duty-free treatment proclaimed with 
     respect to an article described in paragraph (1) or (3) of 
     subsection (a) shall apply to any article subject to such 
     proclamation which is the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones if--
       (A) that article is imported directly from a Reconstruction 
     Opportunity Zone into the customs territory of the United 
     States; and

[[Page 9080]]

       (B)(i) with respect to an article that is an article of a 
     Reconstruction Opportunity Zone in Pakistan, the sum of--
       (I) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan,
       (II) the direct costs of processing operations performed in 
     1 or more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan, and
       (III) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),

     is not less than 35 percent of the appraised value of the 
     article at the time it is entered into the United States; or
       (ii) with respect to an article that is an article of a 
     Reconstruction Opportunity Zone in Afghanistan, the sum of--
       (I) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan,
       (II) the cost or value of the materials produced in 1 or 
     more countries that are members of the South Asian 
     Association for Regional Cooperation,
       (III) the direct costs of processing operations performed 
     in 1 or more Reconstruction Opportunity Zones in Pakistan or 
     Afghanistan, and
       (IV) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),

     is not less than 35 percent of the appraised value of the 
     article at the time it is entered into the United States.
       (2) Determination of 35 percent for articles from 
     reconstruction opportunity zones in pakistan and 
     afghanistan.--If the cost or value of materials produced in 
     the customs territory of the United States is included with 
     respect to an article described in paragraph (1)(B), for 
     purposes of determining the 35 percent appraised value 
     requirement under clause (i) or (ii) of paragraph (1)(B), not 
     more than 15 percent of the appraised value of the article at 
     the time the article is entered into the United States may be 
     attributable to the cost or value of such United States 
     materials.
       (d) Rules of Origin for Certain Articles of Reconstruction 
     Opportunity Zones in Afghanistan.--
       (1) In general.--The duty-free treatment proclaimed with 
     respect to an article described in paragraph (2) of 
     subsection (a) shall apply to any article subject to such 
     proclamation which is the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones in Afghanistan 
     if--
       (A) that article is imported directly from a Reconstruction 
     Opportunity Zone in Afghanistan into the customs territory of 
     the United States; and
       (B) with respect to that article, the sum of--
       (i) the cost or value of the materials produced in 1 or 
     more Reconstruction Opportunity Zones in Afghanistan,
       (ii) the cost or value of the materials produced in 1 or 
     more countries that are members of the South Asian 
     Association for Regional Cooperation,
       (iii) the direct costs of processing operations performed 
     in 1 or more Reconstruction Opportunity Zones in Afghanistan, 
     and
       (iv) the cost or value of materials produced in the United 
     States, determined in accordance with paragraph (2),

     is not less than 35 percent of the appraised value of the 
     product at the time it is entered into the United States.
       (2) Determination of 35 percent for articles from 
     reconstruction opportunity zones in pakistan and 
     afghanistan.--If the cost or value of materials produced in 
     the customs territory of the United States is included with 
     respect to an article described in paragraph (1)(B), for 
     purposes of determining the 35 percent appraised value 
     requirement under paragraph (1)(B), not more than 15 percent 
     of the appraised value of the article at the time the article 
     is entered into the United States may be attributable to the 
     cost or value of such United States materials.
       (e) Exclusions.--An article shall not be treated as the 
     growth, product, or manufacture of 1 or more Reconstruction 
     Opportunity Zones, and no material shall be included for 
     purposes of determining the 35 percent appraised value 
     requirement under subsection (c)(1) or (d)(1), by virtue of 
     having merely undergone--
       (1) simple combining or packaging operations; or
       (2) mere dilution with water or with another substance that 
     does not materially alter the characteristics of the article 
     or material.
       (f) Direct Costs of Processing Operations.--
       (1) In general.--As used in subsections (c)(1)(B)(i)(II), 
     (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the term ``direct 
     costs of processing operations'' includes, but is not limited 
     to--
       (A) all actual labor costs involved in the growth, 
     production, manufacture, or assembly of the article, 
     including--
       (i) fringe benefits;
       (ii) on-the-job training; and
       (iii) costs of engineering, supervisory, quality control, 
     and similar personnel; and
       (B) dies, molds, tooling, and depreciation on machinery and 
     equipment which are allocable to the article.
       (2) Excluded costs.--As used in subsections 
     (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the 
     term ``direct costs of processing operations'' does not 
     include costs which are not directly attributable to the 
     article or are not costs of manufacturing the article, such 
     as--
       (A) profit; and
       (B) general expenses of doing business which are either not 
     allocable to the article or are not related to the growth, 
     production, manufacture, or assembly of the article, such as 
     administrative salaries, casualty and liability insurance, 
     advertising, and salesmen's salaries, commissions, or 
     expenses.
       (g) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall prescribe such regulations as may be necessary to carry 
     out this section. The regulations may provide that, in order 
     for an article to be eligible for duty-free treatment under 
     this section, the article--
       (1) shall be wholly the growth, product, or manufacture of 
     1 or more Reconstruction Opportunity Zones; or
       (2) shall be a new or different article of commerce which 
     has been grown, produced, or manufactured in 1 or more 
     Reconstruction Opportunity Zones.

     SEC. __05. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE AND 
                   APPAREL ARTICLES.

       (a)  Duty-free Treatment.--The President is authorized to 
     proclaim duty-free treatment for any textile or apparel 
     article described in subsection (b), if--(1) the article is a 
     covered article described in subsection (b); and
       (2) the President determines that the country in which the 
     Reconstruction Opportunity Zone is located has satisfied the 
     requirements set forth in section __06.
       (b) Covered Articles.--A covered article described in this 
     subsection is an article in 1 of the following categories: 
       (1) Articles of reconstruction opportunity zones.--An 
     article that is the product of 1 or more Reconstruction 
     Opportunity Zones and falls within the scope of 1 of the 
     following textile and apparel category numbers, as set forth 
     in the HTS (as in effect on September 1, 2007):


 
 
 
237.............................  641...............  751
330.............................  642...............  752
331.............................  643...............  758
333.............................  644...............  759
334.............................  650...............  831
 335............................   651..............  832
 336............................  653...............  833
341.............................  654...............  834
342.............................  665...............  835
350.............................  669...............  836
351.............................  733...............  838
353.............................  734...............  839
354.............................  735...............  840
360.............................  736...............  842
361.............................  738...............  843
362.............................  739...............  844
363.............................  740...............  845
369.............................  741...............  846
465.............................  742...............  850
469.............................  743...............  851
630.............................  744...............  852
631.............................  745...............  858
633.............................  746...............  859
634.............................  747...............  863
635.............................  748...............  899
636.............................  750
 

       (2) Articles of reconstruction opportunity zones in 
     afghanistan.--The article is the product of 1 or more 
     Reconstruction Opportunity Zones in Afghanistan and falls 
     within the scope of 1 of the following textile and apparel 
     category numbers, as set forth in the HTS (as in effect on 
     September 1, 2007):


 
 
 
201.............................  439...............  459
414.............................  440...............  464
431.............................  442...............  670
433.............................  444...............  800
434.............................  445...............  810
435.............................  446...............  870
436.............................  448...............  871
438.............................  ..................  ..................
 

       (3) Certain other textile and apparel articles.--The 
     article is the product of 1 or more Reconstruction 
     Opportunity Zones and falls within the scope of 1 of the 
     following textile and apparel category numbers as set forth 
     in the HTS (as in effect on September 1, 2007) and is covered 
     by the corresponding description for such category:
       (A) Category 239.--An article in category 239 (relating to 
     cotton and man-made fiber babies' garments) except for baby 
     socks and baby booties described in subheading 6111.20.6050, 
     6111.30.5050, or 6111.90.5050 of the HTS.
       (B) Category 338.--An article in category 338 (relating to 
     men's and boys' cotton knit shirts) if the article is a 
     certain knit-to-shape garment that meets the definition 
     included in Statistical Note 6 to Chapter 61 of the HTS, and 
     is provided for in subheading 6110.20.1026, 6110.20.2067 or 
     6110.90.9067 of the HTS.
       (C) Category 339.--An article in category 339 (relating to 
     women's and girls' cotton knit shirts and blouses) if the 
     article is a knit-to-shape garment that meets the definition 
     included in Statistical Note 6 to Chapter 61 of the HTS, and 
     is provided for in subheading 6110.20.1031, 6110.20.2077, or 
     6110.90.9071 of the HTS.
       (D) Category 359.--An article in category 359 (relating to 
     other cotton apparel) except swimwear provided for in 
     subheading

[[Page 9081]]

     6112.39.0010, 6112.49.0010, 6211.11.8010, 6211.11.8020, 
     6211.12.8010, or 6211.12.8020 of the HTS.
       (E) Category 632.--An article in category 632 (relating to 
     man-made fiber hosiery) if the article is panty hose provided 
     for in subheading 6115.21.0020 of the HTS.
       (F) Category 638.--An article in category 638 (relating to 
     men's and boys' man-made fiber knit shirts) if the article is 
     a knit-to-shape garment that meets the definition included in 
     Statistical Note 6 to Chapter 61 of the HTS, and is provided 
     for in subheading 6110.30.2051, 6110.30.3051, or 6110.90.9079 
     of the HTS.
       (G) Category 639.--An article in category 639 (relating to 
     women's and girls' man-made fiber knit shirts and blouses) if 
     the article is a knit-to-shape garment that meets the 
     definition included in Statistical Note 6 to Chapter 61 of 
     the HTS, and is provided for in subheading 6110.30.2061, 
     6110.30.3057, or 6110.90.9081 of the HTS.
       (H) Category 647.--An article in category 647 (relating to 
     men's and boys' man-made fiber trousers) if the article is 
     ski/snowboard pants that meets the definition included in 
     Statistical Note 4 to Chapter 62 of the HTS, and is provided 
     for in subheading 6203.43.3510, 6210.40.5031, or 6211.20.1525 
     of the HTS.
       (I) Category 648.--An article in category 648 (relating to 
     women's and girls' man-made fiber trousers) if the article is 
     ski/snowboard pants that meets the definition included in 
     Statistical Note 4 to Chapter 62 of the HTS, and is provided 
     for in subheading 6204.63.3010, 6210.50.5031, or 6211.20.1555 
     of the HTS.
       (J) Category 659.--An article in category 659 (relating to 
     other man-made fiber apparel) except for swimwear provided 
     for in subheading 6112.31.0010, 6112.31.0020, 6112.41.0010, 
     6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 
     6211.11.1020, 6211.12.1010, or 6211.12.1020 of the HTS.
       (K) Category 666.--An article in category 666 (relating to 
     other man-made fiber furnishings) if the article is window 
     shades and window blinds provided for in subheading 
     6303.12.0010 or 6303.92.2030 of the HTS.
       (4) Certain other articles.--The article is the product of 
     1 or more Reconstruction Opportunity Zones and falls within 
     the scope of 1 of the following statistical reporting numbers 
     of the HTS (as in effect on September 1, 2007):


 
 
 
4202.12.8010....................  6210.20.3000......  6304.99.1000
4202.12.8050....................  6210.20.7000......  6304.99.2500
4202.22.4010....................  6210.30.3000......  6304.99.4000
4202.22.7000....................  6210.30.7000......  6304.99.6030
4202.22.8070....................  6210.40.3000......  6306.22.9010
4202.92.3010....................  6210.40.7000......  6306.29.1100
4202.92.6010....................  6210.50.3000......  6306.29.2100
4202.92.9010....................  6210.50.7000......  6306.40.4100
4202.92.9015....................  6211.20.0810......  6306.40.4900
5601.29.0010....................  6211.20.0820......  6306.91.0000
5702.39.2090....................  6211.32.0003......  6306.99.0000
5702.49.2000....................  6211.33.0003......  6307.10.2030
5702.50.5900....................  6211.42.0003......  6307.20.0000
5702.99.2000....................  6211.43.0003......  6307.90.7200
5703.90.0000....................  6212.10.3000......  6307.90.7500
5705.00.2090....................  6212.10.7000......  6307.90.8500
6108.22.1000....................  6212.90.0050......  6307.90.8950
6111.90.7000....................  6213.90.0500......  6307.90.8985
6113.00.1005....................  6214.10.1000......  6310.90.1000
6113.00.1010....................  6216.00.0800......  6406.99.1580
6113.00.1012....................  6216.00.1300......  6501.00.6000
6115.29.4000....................  6216.00.1900......  6502.00.2000
6115.30.1000....................  6216.00.2600......  6502.00.4000
6115.99.4000....................  6216.00.3100......  6502.00.9060
6116.10.0800....................  6216.00.3500......  6504.00.3000
6116.10.1300....................  6216.00.4600......  6504.00.6000
6116.10.4400....................  6217.10.1010......  6504.00.9045
6116.10.6500....................  6217.10.8500......  6504.00.9075
6116.10.9500....................  6301.90.0020......  6505.10.0000
6116.92.0800....................  6302.29.0010......  6505.90.8015
6116.93.0800....................  6302.39.0020......  6505.90.9050
6116.99.3500....................  6302.59.3010......  6505.90.9076
6117.10.4000....................  6302.99.1000......  9404.90.2000
6117.80.3010....................  6303.99.0030......  9404.90.8523
6117.80.8500....................  6304.19.3030......  9404.90.9523
6210.10.2000....................  6304.91.0060......  9404.90.9570
6210.10.7000....................  ..................  ..................
 

       (c) Rules of Origin for Certain Covered Articles.--
       (1) General rules.--Except with respect to an article 
     listed in paragraph (2) of subsection (b), duty-free 
     treatment may be proclaimed for an article listed in 
     subsection (b) only if the article is imported directly into 
     the customs territory of the United States from a 
     Reconstruction Opportunity Zone and--
       (A) the article is wholly the growth, product, or 
     manufacture of 1 or more Reconstruction Opportunity Zones;
       (B) the article is a yarn, thread, twine, cordage, rope, 
     cable, or braiding, and--
       (i) the constituent staple fibers are spun in, or
       (ii) the continuous filament fiber is extruded in,

     1 or more Reconstruction Opportunity Zones;
       (C) the article is a fabric, including a fabric 
     classifiable under chapter 59 of the HTS, and the constituent 
     fibers, filaments, or yarns are woven, knitted, needled, 
     tufted, felted, entangled, or transformed by any other 
     fabric-making process in 1 or more Reconstruction Opportunity 
     Zones; or
       (D) the article is any other textile or apparel article 
     that is cut (or knit-to-shape) and sewn or otherwise 
     assembled in 1 or more Reconstruction Opportunity Zones from 
     its component pieces.
       (2) Special rules.--
       (A) Certain made-up articles, textile articles in the 
     piece, and certain other textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, subparagraph 
     (A), (B), or (C) of paragraph (1), as appropriate, shall 
     determine whether a good that is classifiable under 1 of the 
     following headings or subheadings of the HTS shall be 
     considered to meet the rules of origin of this subsection: 
     5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 
     6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
       (B) Certain knit-to-shape textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, a textile or 
     apparel article that is wholly formed on seamless knitting 
     machines or by hand-knitting in 1 or more Reconstruction 
     Opportunity Zones shall be considered to meet the rules of 
     origin of this subsection.
       (C) Certain dyed and printed textiles and textile 
     articles.--Notwithstanding paragraph (1)(D), an article 
     classifiable under subheading 6117.10, 6213.00, 6214.00, 
     6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 
     6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 
     6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an 
     article classifiable under 1 of such subheadings as of cotton 
     or of wool or consisting of fiber blends containing 16 
     percent or more by weight of cotton, shall be considered to 
     meet the rules of origin of this subsection if the fabric in 
     the article is both dyed and printed in 1 or more 
     Reconstruction Opportunity Zones, and such dyeing and 
     printing is accompanied by 2 or more of the following 
     finishing operations: bleaching, shrinking, fulling, napping, 
     decating, permanent stiffening, weighting, permanent 
     embossing, or moireing.
       (D) Fabrics of silk, cotton, man-made fiber, or vegetable 
     fiber.--Notwithstanding paragraph (1)(C), a fabric 
     classifiable under the HTS as of silk, cotton, man-made 
     fiber, or vegetable fiber shall be considered to meet the 
     rules of origin of this subsection if the fabric is both dyed 
     and printed in 1 or more Reconstruction Opportunity Zones, 
     and such dyeing and printing is accompanied by 2 or more of 
     the following finishing operations: bleaching, shrinking, 
     fulling, napping, decating, permanent stiffening, weighting, 
     permanent embossing, or moireing.
       (d) Rules of Origin for Covered Articles That Are Products 
     of 1 or More Reconstruction Opportunity Zones in 
     Afghanistan.--
       (1) General rules.--Duty-free treatment may be proclaimed 
     for an article listed in paragraph (2) of subsection (b) only 
     if the article is imported directly into the customs 
     territory of the United States from a Reconstruction 
     Opportunity Zone in Afghanistan and--
       (A) the article is wholly the growth, product, or 
     manufacture of 1 or more Reconstruction Opportunity Zones in 
     Afghanistan,
       (B) the article is a yarn, thread, twine, cordage, rope, 
     cable, or braiding, and--
       (i) the constituent staple fibers are spun in, or
       (ii) the continuous filament fiber is extruded in,

     1 or more Reconstruction Opportunity Zones in Afghanistan;
       (C) the article is a fabric, including a fabric 
     classifiable under chapter 59 of the HTS, and the constituent 
     fibers, filaments, or yarns are woven, knitted, needled, 
     tufted, felted, entangled, or transformed by any other 
     fabric-making process in 1 or more Reconstruction Opportunity 
     Zones in Afghanistan; or
       (D) the article is any other textile or apparel article 
     that is cut (or knit-to-shape) and sewn or otherwise 
     assembled in 1 or more Reconstruction Opportunity Zones in 
     Afghanistan from its component pieces.
       (2) Special rules.--
       (A) Certain made-up articles, textile articles in the 
     piece, and certain other textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, subparagraph 
     (A), (B), or (C) of paragraph (1), as appropriate, shall 
     determine whether a good that is classifiable under 1 of the 
     following headings or subheadings of the HTS shall be 
     considered to meet the rules of origin of this subsection: 
     5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 
     6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
       (B) Certain knit-to-shape textiles and textile articles.--
     Notwithstanding paragraph (1)(D) and except as provided in 
     subparagraphs (C) and (D) of this paragraph, a textile or 
     apparel article that is wholly formed on seamless knitting 
     machines or by hand-knitting in 1 or more Reconstruction 
     Opportunity Zones in Afghanistan shall be considered to meet 
     the rules of origin of this subsection.
       (C) Certain dyed and printed textiles and textile 
     articles.--Notwithstanding paragraph (1)(D), an article 
     classifiable under subheading 6117.10, 6213.00, 6214.00, 
     6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 
     6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 
     6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an 
     article classifiable under 1 of such subheadings as of cotton 
     or of wool or consisting of fiber blends containing 16 
     percent or more by weight of cotton, shall be considered to 
     meet the rules of origin of this subsection if the fabric in 
     the article is both

[[Page 9082]]

     dyed and printed in 1 or more Reconstruction Opportunity 
     Zones in Afghanistan, and such dyeing and printing is 
     accompanied by 2 or more of the following finishing 
     operations: bleaching, shrinking, fulling, napping, decating, 
     permanent stiffening, weighting, permanent embossing, or 
     moireing.
       (D) Fabrics of silk, cotton, man-made fiber or vegetable 
     fiber.--Notwithstanding paragraph (1)(C), a fabric 
     classifiable under the HTS as of silk, cotton, man-made 
     fiber, or vegetable fiber shall be considered to meet the 
     rules of origin of this subsection if the fabric is both dyed 
     and printed in 1 or more Reconstruction Opportunity Zones in 
     Afghanistan, and such dyeing and printing is accompanied by 2 
     or more of the following finishing operations: bleaching, 
     shrinking, fulling, napping, decating, permanent stiffening, 
     weighting, permanent embossing, or moireing.
       (e) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall prescribe such regulations as may be necessary to carry 
     out this section.

     SEC. __06. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT.

       (a) Duty-free Treatment Conditioned on Enforcement 
     Measures.--
       (1) In general.--The duty-free treatment described in 
     section __05 shall not be provided to covered articles that 
     are imported from a Reconstruction Opportunity Zone in a 
     country unless the President determines that country meets 
     the following criteria:
       (A) The country has adopted effective domestic law and 
     enforcement procedures applicable to covered articles to 
     prevent unlawful transshipment of the articles and the use of 
     false documents relating to the importation of the articles 
     into the United States.
       (B) The country has enacted legislation or promulgated 
     regulations that would permit U.S. Customs and Border 
     Protection verification teams to have the access necessary to 
     investigate thoroughly allegations of unlawful transshipment 
     through such country.
       (C) The country agrees to provide U.S. Customs and Border 
     Protection with a monthly report on shipments of covered 
     articles from each facility engaged in the production of 
     those articles in a Reconstruction Opportunity Zone in that 
     country.
       (D) The country will cooperate fully with the United States 
     to address and take action necessary to prevent 
     circumvention, as described in article 5 of the Agreement on 
     Textiles and Clothing.
       (E) The country agrees to require each entity engaged in 
     the production or manufacture of a covered article in a 
     Reconstruction Opportunity Zone in that country to register 
     with the competent government authority, to provide that 
     authority with the following information, and to update that 
     information as changes occur:
       (i) The name and address of the entity, including the 
     location of all textile or apparel facilities owned or 
     operated by that entity in Afghanistan or Pakistan.
       (ii) The telephone number, facsimile number, and electronic 
     mail address of the entity.
       (iii) The names and nationalities of the owners, directors, 
     and corporate officers, and their positions within the 
     entity.
       (iv) The number of employees the entity employs and their 
     occupations.
       (v) A general description of the covered articles the 
     entity produces and the entity's production capacity.
       (vi) The number and type of machines the entity uses to 
     produce textile or apparel articles at each facility.
       (vii) The approximate number of hours the machines operate 
     per week.
       (viii) The identity of any supplier to the entity of 
     textile or apparel goods, or fabrics, yarns, or fibers used 
     in the production of those goods.
       (ix) The name of, and contact information for, each of the 
     entity's customers in the United States.
       (F) The country agrees to provide to U.S. Customs and 
     Border Protection on a timely basis all of the information 
     received by the competent government authority in accordance 
     with subparagraph (E) and to provide U.S. Customs and Border 
     Protection with an annual update of that information.
       (G) The country agrees to require that all producers and 
     exporters of covered articles in a Reconstruction Opportunity 
     Zone in that country maintain complete records of the 
     production and the export of covered articles, including 
     materials used in the production, for at least 5 years after 
     the production or export (as the case may be).
       (H) The country agrees to provide, on a timely basis, at 
     the request of U.S. Customs and Border Protection, 
     documentation establishing the eligibility of covered 
     articles for duty-free treatment under section __05.
       (2) Documentation establishing eligibility of articles for 
     duty-free treatment.--For purposes of paragraph (1)(H), 
     documentation establishing the eligibility of a covered 
     article for duty-free treatment under section __05 includes 
     documentation such as production records, information 
     relating to the place of production, the number and 
     identification of the types of machinery used in production, 
     and the number of workers employed in production.
       (b) Customs Procedures and Enforcement.--
       (1) In general.--
       (A) Regulations.--The Secretary of the Treasury, after 
     consultation with the United States Trade Representative, 
     shall promulgate regulations setting forth customs procedures 
     similar in all material respects to the requirements of 
     article 502(1) of the NAFTA as implemented pursuant to United 
     States law, which shall apply to any importer that claims 
     duty-free treatment for an article under section __05.
       (B) Determination.--In order for articles produced in a 
     Reconstruction Opportunity Zone to qualify for the duty-free 
     treatment under section __05, there shall be in effect a 
     determination by the President that Afghanistan or Pakistan, 
     as the case may be--
       (i) has implemented and follows, or
       (ii) is making substantial progress toward implementing and 
     following,

     procedures and requirements similar in all material respects 
     to the relevant procedures and requirements under chapter 5 
     of the NAFTA.
       (2) Penalties.--If the President determines, based on 
     sufficient evidence, that an entity has engaged in unlawful 
     transshipment described in paragraph (3), the President shall 
     deny for a period of 5 years beginning on the date of the 
     determination all benefits under section __05 to the entity, 
     any successor of the entity, and any other entity owned or 
     operated by the principals of the entity.
       (3) Unlawful transshipment described.--For purposes of this 
     section, unlawful transshipment occurs when duty-free 
     treatment for a covered article has been claimed on the basis 
     of material false information concerning the country of 
     origin, manufacture, processing, or assembly of the article 
     or any of its components. For purposes of the preceding 
     sentence, false information is material if disclosure of the 
     true information would mean or would have meant that the 
     article is or was ineligible for duty-free treatment under 
     section __05.

     SEC. __07. LIMITATIONS ON PROVIDING DUTY-FREE TREATMENT.

       (a) In General.--
       (1) Proclamation.--Except as provided in paragraph (2), and 
     subject to subsection (b) and the conditions described in 
     sections __03 through __06, the President shall exercise the 
     President's authority under this division, and the President 
     shall proclaim any duty-free treatment pursuant to that 
     authority.
       (2) Waiver.--The President may waive the application of 
     duty-free treatment under this division if the President 
     determines that providing such treatment is inconsistent with 
     the national interests of the United States. In making such 
     determination, the President shall consider--
       (A) obligations of the United States under international 
     agreements;
       (B) the national economic interests of the United States; 
     and
       (C) the foreign policy interests of the United States, 
     including the economic development of Afghanistan and the 
     border region of Pakistan.
       (b) Withdrawal, Suspension, or Limitation of Duty-free 
     Treatment.--
       (1) In general.--The President may withdraw, suspend, or 
     limit the application of the duty-free treatment proclaimed 
     under this division. In taking any action to withdraw, 
     suspend, or limit duty-free treatment, the President shall 
     consider the factors set forth in section __03 (b) and (c) of 
     this division, and section 502 (b) and (c) of the Trade Act 
     of 1974 (19 U.S.C. 2462 (b) and (c)).
       (2) Notice to congress.--The President shall advise 
     Congress--
       (A) of any action the President takes to withdraw, suspend, 
     or limit the application of duty-free treatment with respect 
     to Reconstruction Opportunity Zones in Afghanistan or 
     Pakistan; and
       (B) if either Afghanistan or Pakistan fails to adequately 
     take the actions described in section __03 (b) and (c) of 
     this division or section 502 (b) and (c) of the Trade Act of 
     1974.

     SEC. __08. TERMINATION OF BENEFITS.

       Duty-free treatment provided under this division shall 
     remain in effect through September 30, 2023.
                                 ______
                                 
  SA 4234. Ms. LANDRIEU proposed an amendment to the bill H.R. 4899, 
making emergency supplemental appropriations for disaster relief and 
summer jobs for the fiscal year ending September 30, 2010, and for 
other purposes; as follows:

       Beginning on page 74, strike line 13 and all that follows 
     through page 79, line 3, and insert the following:

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Economic Development Assistance 
     Programs'', to carry out planning, technical assistance and 
     other assistance under section

[[Page 9083]]

     209, and consistent with section 703(b), of the Public Works 
     and Economic Development Act (42 U.S.C. 3149, 3233), in 
     States affected by the incidents related to the discharge of 
     oil that began in 2010 in connection with the explosion on, 
     and sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, $10,000,000, to remain available until expended, of 
     which not less than $5,000,000 shall be used to provide 
     technical assistance grants in accordance with section 2002.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', $13,000,000, to remain available until 
     expended, for responding to economic impacts on fishermen and 
     fishery-dependent businesses: Provided, That the amounts 
     appropriated herein are not available unless the Secretary of 
     Commerce determines that resources provided under other 
     authorities and appropriations including by the responsible 
     parties under the Oil Pollution Act, 33 U.S.C. 2701, et seq., 
     are not sufficient to respond to economic impacts on 
     fishermen and fishery-dependent business following an 
     incident related to a spill of national significance declared 
     under the National Contingency Plan provided for under 
     section 105 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', for activities undertaken including scientific 
     investigations and sampling as a result of the incidents 
     related to the discharge of oil and the use of oil 
     dispersants that began in 2010 in connection with the 
     explosion on, and sinking of, the mobile offshore drilling 
     unit Deepwater Horizon, $7,000,000, to remain available until 
     expended. These activities may be funded through the 
     provision of grants to universities, colleges and other 
     research partners through extramural research funding.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     Food and Drug Administration, Department of Health and Human 
     Services, for food safety monitoring and response activities 
     in connection with the incidents related to the discharge of 
     oil that began in 2010 in connection with the explosion on, 
     and sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, $2,000,000, to remain available until expended.

                       DEPARTMENT OF THE INTERIOR

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for the ``Office of the Secretary, 
     Salaries and Expenses'' for increased inspections, 
     enforcement, investigations, environmental and engineering 
     studies, and other activities related to emergency offshore 
     oil spill incidents in the Gulf of Mexico, $29,000,000, to 
     remain available until expended: Provided, That such funds 
     may be transferred by the Secretary to any other account in 
     the Department of the Interior to carry out the purposes 
     provided herein.

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $10,000,000, to remain available 
     until expended, for litigation expenses resulting from 
     incidents related to the discharge of oil that began in 2010 
     in connection with the explosion on, and sinking of, the 
     mobile offshore drilling unit Deepwater Horizon.

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For an additional amount for ``Science and Technology'' for 
     a study on the potential human and environmental risks and 
     impacts of the release of crude oil and the application of 
     dispersants, surface washing agents, bioremediation agents, 
     and other mitigation measures listed in the National 
     Contingency Plan Product List (40 C.F.R. Part 300 Subpart J), 
     as appropriate, $2,000,000, to remain available until 
     expended: Provided, That the study shall be performed at the 
     direction of the Administrator of the Environmental 
     Protection Agency, in coordination with the Secretary of 
     Commerce and the Secretary of the Interior: Provided further, 
     That the study may be funded through the provision of grants 
     to universities and colleges through extramural research 
     funding.

                     GENERAL PROVISION--THIS TITLE

                           deepwater horizon

     SEC. 2001. SECTION 6002(B) OF THE OIL POLLUTION ACT OF 1990 
                   (33 U.S.C. 2752) IS AMENDED IN THE SECOND 
                   SENTENCE:

       (1) by inserting ``: (1)'' before ``may obtain an advance'' 
     and after ``the Coast Guard'';
       (2) by striking ``advance. Amounts'' and inserting the 
     following: ``advance; (2) in the case of discharge of oil 
     that began in 2010 in connection with the explosion on, and 
     sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, may, without further appropriation, obtain one or 
     more advances from the Oil Spill Liability Trust Fund as 
     needed, up to a maximum of $100,000,000 for each advance, the 
     total amount of all advances not to exceed the amounts 
     available under section 9509(c)(2) of the Internal Revenue 
     Code of 1986 (26 U.S.C. 9509(c)(2)), and within 7 days of 
     each advance, shall notify Congress of the amount advanced 
     and the facts and circumstances necessitating the advance; 
     and (3) amounts''.

     SEC. 2002. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

       (a) Establishment of Grant Program.--The Secretary of 
     Commerce (referred to in this section as the ``Secretary'') 
     shall establish a grant program to provide to eligible (as 
     determined by the Secretary) organizations technical 
     assistance grants for use in assisting individuals and 
     businesses affected by the Deepwater Horizon oil spill in the 
     Gulf of Mexico (referred to in this section as the ``oil 
     spill'').
       (b) Application.--An organization that seeks to receive a 
     grant under this section shall submit to the Secretary an 
     application for the grant at such time, in such form, and 
     containing such information as the Secretary shall require.
       (c) Use of Funds.--
       (1) In general.--Funds from a grant provided under this 
     section may be used by an eligible organization--
       (A) to support--
       (i) education;
       (ii) outreach;
       (iii) intake;
       (iv) language services;
       (v) accounting services;
       (vi) legal services offered pro bono or by a nonprofit 
     organization;
       (vii) damage assessments;
       (viii) economic loss analysis;
       (ix) collecting and preparing documentation; and
       (x) assistance in the preparation and filing of claims or 
     appeals;
       (B) to provide assistance to individuals or businesses 
     seeking assistance from or under--
       (i) a party responsible for the oil spill;
       (ii) the Oil Spill Liability Trust Fund;
       (iii) an insurance policy; or
       (iv) any other program administered by the Federal 
     Government or a State or local government;
       (C) to pay for salaries, training, and appropriate expenses 
     relating to the purchase or lease of property to support 
     operations, equipment (including computers and 
     telecommunications), and travel expenses;
       (D) to assist other organizations in--
       (i) assisting specific business sectors;
       (ii) providing services;
       (iii) assisting specific jurisdictions; or
       (iv) otherwise supporting operations; and
       (E) to establish an advisory board of service providers and 
     technical experts--
       (i) to monitor the claims process relating to the oil 
     spill; and
       (ii) to provide recommendations to the parties responsible 
     for the oil spill, the National Pollution Funds Center, other 
     appropriate agencies, and Congress to improve fairness and 
     efficiency in the claims process.
       (2) Prohibition on use of funds.--Funds from a grant 
     provided under this section may not be used to provide 
     compensation for damages or removal costs relating to the oil 
     spill.
       (d) Provision of Grants.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall provide grants 
     under this section.
       (2) Networked organizations.--The Secretary is encouraged 
     to consider applications for grants under this section from 
     organizations that have established networks with affected 
     business sectors, including--
       (A) the fishery and aquaculture industries;
       (B) the restaurant, grocery, food processing, and food 
     delivery industries; and
       (C) the hotel and tourism industries.
       (3) Training.--Not later than 30 days after the date on 
     which an eligible organization receives a grant under this 
     section, the Director of the National Pollution Funds Center 
     and the parties responsible for the oil spill shall provide 
     training to the organization regarding the applicable rules 
     and procedures for the claims process relating to the oil 
     spill.
       (4) Availability of funds.--Funds from a grant provided 
     under this section shall be available until the later of, as 
     determined by the Secretary--
       (A) the date that is 6 years after the date on which the 
     oil spill occurred; and
       (B) the date on which all claims relating to the oil spill 
     have been satisfied.
                                 ______
                                 
  SA 4235. Mr. DODD (for himself, Mr. Menendez, Mr. Durbin, Mr. 
Schumer, Mr. Lautenberg, Mr. Brown of Ohio, Mr. Reed, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed by him to 
the bill H.R. 4899, making emergency supplemental appropriations for 
disaster relief and summer jobs for the fiscal year ending

[[Page 9084]]

September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 71, after line 23, insert the following:

                     Federal Transit Administration

          emergency public transportation operating assistance

       For an additional amount for transit assistance grants 
     authorized under sections 5307 and 5311 of title 49, United 
     States Code, $2,000,000,000, for the operating costs of 
     equipment and facilities for use in public transportation, as 
     defined under section 5302(a)(10) of title 49, United States 
     Code, to remain available through September 30, 2011: 
     Provided, That funds shall be expended no later than July 1, 
     2012: Provided further, That the Secretary of Transportation 
     shall provide 80 percent of the funds appropriated under this 
     heading for grants under section 5307 of title 49, United 
     States Code, and apportion such funds in accordance with 
     section 5336 of such title: Provided further,  That the 
     Secretary shall apportion 10 percent of the funds 
     appropriated under this heading in accordance with section 
     5340 of such title: Provided further, That the Secretary 
     shall provide 10 percent of the funds appropriated under this 
     heading for grants under section 5311 of such title, and 
     apportion such funds in accordance with such section: 
     Provided further, That of the funds provided for section 5311 
     of such title, 2.5 percent shall be made available for 
     section 5311(c)(1): Provided further,  That funds 
     appropriated under this heading shall be apportioned not 
     later than 21 days after the date of enactment of this Act: 
     Provided further, That the amounts apportioned shall be used 
     for operating expenses necessary to restore a reduction in 
     public transportation service and related workforce 
     reductions or to rescind all or a portion of a fare increase, 
     if such reduction or increase was due to decreased State or 
     local funding or farebox revenue that occurred on or after 
     January 1, 2009, and to prevent reductions of service or 
     increases in fares through September 30, 2011: Provided 
     further,  That if a recipient submits a certification to the 
     Secretary that the recipient has not had a major reduction in 
     public transportation service, as described in section 
     5307(d)(1)(I) of title 49, United States Code, or a fare 
     increase as a result of decreased State or local operating 
     funding, and will be able to avoid such reductions or 
     increases through September 30, 2011, without the funds made 
     available by this section, a recipient may use the funds to 
     replace, rehabilitate, or repair existing transit capital 
     assets used in public transportation: Provided further,  That 
     a recipient may use any remaining funds made available by 
     this section to replace, rehabilitate, or repair existing 
     transit capital assets used in public transportation if that 
     recipient has restored a major reduction in public 
     transportation service or rescinded a fare increase; and is 
     able to avoid such reductions or increases: Provided further, 
     That applicable chapter 53 requirements shall apply to 
     funding provided under this heading, except that the Federal 
     share of the costs for which any grant is made under this 
     heading shall be, at the option of the recipient, up to 100 
     percent: Provided further,  That section 1101(b) of Public 
     Law 109-59 shall apply to funds appropriated under this 
     heading: Provided further,  That three-quarters of 1 percent 
     of the funds provided for grants under section 5307 and 
     section 5340, and one-half of 1 percent of the funds provided 
     for grants under section 5311, shall be available for 
     administrative expenses and program management oversight, and 
     such funds shall be available through September 30, 2013.

                          ____________________