Congressional Record publishes “TEXT OF AMENDMENTS” on Feb. 12, 2007

Congressional Record publishes “TEXT OF AMENDMENTS” on Feb. 12, 2007

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Volume 153, No. 26 covering the 1st Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the U.S. Dept of State was published in the Senate section on pages S1870-S1873 on Feb. 12, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 250. Mr. COBURN submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 137, between lines 10 and 11, insert the following:

``CHAPTER __--GENERAL PROVISIONS

``Sec. 2____. (a) Each audit, report, and review described in subsection (b) shall be posted for the public on the Internet website of the Federal agency or department required to submit the audit, report, or review, not later than 48 hours after the submission of the audit, report, or review to Congress.

``(b) The audits, reports, and reviews described in this subsection are those audits, reports, and reviews required by this resolution to be submitted by a Federal agency or department to the Committees on Appropriations of the Senate and House of Representatives.

``(c) In posting an audit, report, or review on an Internet website under subsection (a), a Federal agency or department may redact any information the release of which to the public would, as determined by that agency or department, compromise the national security of the United States.

SA 251. Mr. COBURN submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

``Sec. ____. (a) Notwithstanding any other provision of this Act, in addition to amounts otherwise appropriated or made available in this division, $1,000,000,000 is appropriated to the Commodity Credit Corporation for the provision of agricultural emergency relief.

``(b) Notwithstanding any other provision of this Act, the amount made available for the Community Development Fund under section 21037 shall be $2,771,900,000, of which

$2,710,916,000 shall be for carrying out the community development block grant program.

______

SA 252. Mr. COBURN submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 43, line 5, strike ``malaria'' and insert:

``malaria: Provided, That the Global Fund to Fight AIDS, Tuberculosis and Malaria shall post on a publicly available website all internally and externally commissioned audits, program reviews, evaluations, and inspector general reports and findings not later than 7 days after they are reported to the Secretariat or any member of the Board of the Global Fund to Fight AIDS, Tuberculosis and Malaria''.

______

SA 253. Mr. DeMint submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 9, strike lines 18 through 22 and insert the following:

Sec. 112. (a) Any language specifying a congressional earmark (as defined in a bill, S. 1, as passed by the Senate on January 18, 2007) in a committee report or statement of managers accompanying any appropriations Act for any fiscal year or any direct communications between federal agencies and Members of Congress or their staff shall have no effect, legal or otherwise, with respect to funds appropriated by this division.

(b) Nothing in section 113 shall be used to circumvent the restriction on earmarks in this section.

______

SA 254. Mr. BURR submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BIODEFENSE MEDICAL COUNTERMEASURE DEVELOPMENT FUND.

There are appropriated $160,000,000 to the Biodefense Medical Countermeasure Development Fund (as established in section 319L of the Public Health Service Act) to implement section 319L of the Public Health Service Act (the Biomedical Advanced Research and Development Authority) and to support the advanced research and development of products that are or may become qualified countermeasures (as defined in section 319F-1 of such Act) or qualified pandemic or epidemic products (as defined in section 319F-3 of such Act).

______

SA 255. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FUNDING SHORTFALLS IN THE STATE CHILDREN'S HEALTH

INSURANCE PROGRAM.

(a) In General.--Section 2104(h) of the Social Security Act

(42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006, is amended--

(1) in the heading for paragraph (2), by striking

``remainder of reduction'' and inserting ``part'';

(2) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

(3) in each of subparagraphs (A) and (B) of paragraph (6)

(as redesignated by subparagraph (B) of this paragraph), by striking ``and (3)'' and inserting ``(3), and (4)'';

(4) in paragraph (7) (as so redesignated), by striking

``and (3) in accordance with paragraph (5)'' and inserting

``(3), and (4) in accordance with paragraph (6)''; and

(5) by inserting after paragraph (3), the following:

``(4) Special rules for additional redistribution of amounts necessary to address fiscal year 2007 funding shortfalls.--With respect to months beginning during fiscal year 2007 after April 30, 2007, the Secretary shall apply this subsection in accordance with the following rules:

``(A) Additional redistribution of certain unexpended 2005 allotments.--

``(i) Paragraphs (2)(A), (2)(B), (3) (A), and (3)(B) shall be applied by substituting `April 30' for `March 31' each place it appears.

``(ii) Paragraph (3)(C) shall be applied--

``(I) by substituting `the amount described in subparagraph

(A)(ii)(I) shall not be available for expenditure by the State on or after May 1, 2007' for `the applicable amount described in clause (ii) shall not be available for expenditure by the State on or after April 1, 2007'; and

``(II) without regard to clause (ii).

``(iii) Paragraph (2)(B)(ii) shall be applied by substituting `paragraph (1) and this paragraph (for months beginning during fiscal year 2007 after March 31, 2007)' for

`paragraph (1)'.

``(iv) The heading for paragraph (3) shall be applied by substituting `7 months' for `half'.

``(v) Without regard to that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'.

``(B) Redistribution of certain unexpended 2006 allotments.--After applying this subsection in accordance with subparagraph (A), the Secretary shall further apply this subsection in accordance with the following rules:

``(i) Paragraph (3)(A)(i) shall be applied by substituting

`fiscal year 2006' for `fiscal year 2005'.

``(ii) Paragraph (3)(B) shall be applied by substituting

`fiscal year 2008' for `fiscal year 2007'.

``(iii) Paragraph (3)(C)(i) shall be applied by substituting `May 1' for `April 1'.

``(iv) Paragraph (3)(C) shall be applied by substituting the following clause for clause (ii) of such paragraph:

`` `(ii) Applicable amount.--For purposes of clause (i), the applicable amount described in this clause is--

`` `(I) the amount by which the amount described in subparagraph (A)(ii)(I), exceeds the total of the amounts the Secretary determines will eliminate the estimated shortfalls for all States described in paragraph (2)(B) (after the application of subparagraph (A)) for the fiscal year; multiplied by

`` `(II) the ratio of the amount described in subparagraph

(A)(ii)(I) with respect to the State to the total the amounts described in subparagraph (A)(ii)(I) for all States.'.''

``(v) Paragraph (6)(B) shall be applied--

``(I) by substituting `2005 or 2006' for `2005'; and

``(II) by substituting `fiscal year 2005 under subsection

(b) that remain unexpended through the end of fiscal year 2007 or fiscal year 2006 under such subsection that remain unexpended through the end of fiscal year 2008' for `fiscal year 2005 under subsection (b) that remain unexpended through the end of fiscal year 2007'.

``(vi) Without regard to--

``(I) that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'; and

``(II) paragraph (6)(C)(i).''.

(b) Additional Conforming Amendments.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)) (as so added) is further amended--

(1) in paragraph (1)(B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and

(B) in subparagraph (B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.

(c) Effective Date; Applicability.--The amendments made by this section take effect on the date of enactment of this Act and apply without fiscal year limitation.

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SA 256. Mr. CRAPO submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

``SEC. __. SENSE OF THE SENATE REGARDING REPORTS ON CAPITAL

MARKETS.

``(a) Findings.--The Senate finds that--

``(1) the Interim Report of the Committee on Capital Markets Regulation (published in November 2006) and the McKinsey Report on New York Competitiveness (published in January 2007) have expressed concerns that United States capital markets are losing their competitive edge in intensifying global competition, both reports adding considerably to the understanding of the challenges that American capital markets face and offer solutions that could help American markets, companies, and workers to better compete;

``(2) according to the Committee on Capital Markets Regulation, `A key measure of competitiveness, one particularly relevant to the growth of new jobs, is where new equity is being raised--that is, in which market initial public offerings (IPOs) are being done. The trend in so-called ``global'' IPOs, i.e., IPOs done outside a company's home country, provides evidence of a decline in the U.S. competitive position. As measured by value of IPOs, the U.S. share declined from 50 percent in 2000 to 5 percent in 2005. Measured by number of IPOs, the decline is from 37 percent in 2000 to 10 percent in 2005.';

``(3) according to the McKinsey Report on New York Competitiveness, `London already enjoys clear leadership in the fast-growing and innovative over-the-counter (OTC) derivatives market. This is significant because of the trading flow that surrounds derivatives markets and because of the innovation these markets drive, both of which are key competitive factors for financial centers. Dealers and investors increasingly see derivatives and cash markets as interchangeable and are therefore combining trading operations for both products. Indeed, the derivatives markets can be more liquid than the underlying cash markets. Therefore, as London takes the global lead in derivatives, America's competitiveness in both cash and derivatives flow trading is at risk, as is its position as a center for financial innovation'; and

``(4) according to the Committee on Capital Markets Regulation, `Maximizing the competitiveness of U.S. capital markets is critical to ensuring economic growth, job creation, low costs of capital, innovation, entrepreneurship and a strong tax base in key areas of the country. Regulation and litigation play central roles in protecting investors and the efficient functioning of our capital markets, particularly in light of recent, highly publicized abuses. Yet excessive regulation, problematic implementation and unwarranted litigation--particularly when occurring simultaneously--make U.S. capital markets less attractive and, therefore, less competitive with other financial centers around the world.'.

``(b) Sense of the Senate.--It is the sense of the Senate that--

``(1) Congress, the President, regulators, industry leaders, and other stakeholders should carefully review the Interim Report of the Committee on Capital Markets Regulation

(published in November 2006) and the McKinsey Report on New York Competitiveness (published in January 2007), and take the necessary steps to reclaim the preeminent position of the United States in the financial services industry;

``(2) the Federal and State financial regulatory agencies should, to the maximum extent possible, coordinate activities on significant policy matters, so as not to impose regulations that may have adverse unintended consequences on innovativeness with respect to financial products, instruments, and services, or that impose regulatory costs that are disproportionate to their benefits, and, at the same time, ensure that the regulatory framework overseeing the United States capital markets continues to promote and protect the interests of investors in those markets; and

``(3) given the complexity of the financial services marketplace today, Congress should exercise vigorous oversight over Federal regulatory and statutory requirements affecting the financial services industry and consumers, with the goal of eliminating excessive regulation and problematic implementation of existing laws and regulations.

______

SA 257. Mr. CORNYN submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 39, after line 24, add the following:

``Sec. 20327. In addition to the amounts otherwise appropriated or made available by this division or any other Act, $36,000,000 shall be available to carry out the Energy FutureGen Project of the Department of Energy, to be derived by transfer of an equal percentage from each other program and project for which funds are made available by this Act, except each other program and project for which funds are made available by chapters 2, 3, and 8.''.

______

SA 258. Mr. CORNYN submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 90, line 7, before the semi-colon insert ``(and an additional $18,000,000 offset by a $18,000,000 reduction in the account `Department of State, Administration of Foreign Affairs, Educational and Cultural Exchange')''.

______

SA 259. Mr. WARNER (for himself, Mr. Levin, Ms. Collins, Mr. Nelson of Nebraska, Mr. Hagel, Ms. Snowe, Mr. Smith, Mr. Biden, and Mr. Salazar) submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further ocntinuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the end add the following:

SEC. __. SENSE OF SENATE ON IRAQ.

(a) Findings.--The Senate makes the following findings:

(1) We respect the Constitutional authorities given a President in article II, section 2, which states that ``The President shall be commander in chief of the Army and Navy of the United States''; it is not the intent of this section to question or contravene such authority, but to accept the offer to Congress made by the President on January 10, 2007, that, ``if members have improvements that can be made, we will make them. If circumstances change, we will adjust''.

(2) The United States strategy and operations in Iraq can only be sustained and achieved with support from the American people and with a level of bipartisanship.

(3) Over 137,000 American military personnel are currently serving in Iraq, like thousands of others since March 2003, with the bravery and professionalism consistent with the finest traditions of the United States Armed Forces, and are deserving of the support of all Americans, which they have strongly.

(4) Many American service personnel have lost their lives, and many more have been wounded, in Iraq, and the American people will always honor their sacrifices and honor their families.

(5) The U.S. Army and Marine Corps, including their Reserve and National Guard organizations, together with components of the other branches of the military, are under enormous strain from multiple, extended deployments to Iraq and Afghanistan.

(6) These deployments, and those that will follow, will have lasting impacts on the future recruiting, retention and readiness of our Nation's all volunteer force.

(7) In the National Defense Authorization Act for Fiscal Year 2006, the Congress stated that ``calendar year 2006 should be a period of significant transition to full sovereignty, with Iraqi security forces taking the lead for the security of a free and sovereign Iraq''.

(8) United Nations Security Council Resolution 1723, approved November 28, 2006,

``determin[ed] that the situation in Iraq continues to constitute a threat to international peace and security''.

(9) Iraq is experiencing a deteriorating and ever-widening problem of sectarian and intra-sectarian violence based upon political distrust and cultural differences between some Sunni and Shia Muslims.

(10) Iraqis must reach political settlements in order to achieve reconciliation, and the failure of the Iraqis to reach such settlements to support a truly unified government greatly contributes to the increasing violence in Iraq.

(11) The responsibility for Iraq's internal security and halting sectarian violence must rest primarily with the Government of Iraq and Iraqi Security Forces.

(12) U.S. Central Command Commander General John Abizaid testified to Congress on November 15, 2006, ``I met with every divisional commander, General Casey, the Corps Commander, [and] General Dempsey. We all talked together. And I said, in your professional opinion, if we were to bring in more American troops now, does it add considerably to our ability to achieve success in Iraq? And they all said no. And the reason is, because we want the Iraqis to do more. It's easy for the Iraqis to rely upon us to do this work. I believe that more American forces prevent the Iraqis from doing more, from taking more responsibility for their own future''.

(13) Iraqi Prime Minister Nouri al-Maliki stated on November 27, 2006, that ``The crisis is political, and the ones who can stop the cycle of aggravation and bloodletting of innocents are the politicians''.

(14) There is growing evidence that Iraqi public sentiment opposes the continued U.S. troop presence in Iraq, much less increasing the troop level.

(15) In the fall of 2006, leaders in the Administration and Congress, as well as recognized experts in the private sector, began to express concern that the situation in Iraq was deteriorating and required a change in strategy; and, as a consequence, the Administration began an intensive, comprehensive review by all components of the Executive Branch to devise a new strategy.

(16) In December 2006, the bipartisan Iraq Study Group issued a valuable report, suggesting a comprehensive strategy that includes ``new and enhanced diplomatic and political efforts in Iraq and the region, and a change in the primary mission of U.S. forces in Iraq that will enable the United States to begin to move its combat forces out of Iraq responsibly''.

(17) On January 10, 2007, following consultations with the Iraqi Prime Minister, the President announced a new strategy

(hereinafter referred to as the ``plan''), which consists of three basic elements: diplomatic, economic, and military; the central component of the military element is an augmentation of the present level of the U.S. military forces through additional deployments of approximately 21,500 U.S. military troops to Iraq.

(18) On January 10, 2007, the President said that the

``Iraqi government will appoint a military commander and two deputy commanders for their capital'' and that U.S. forces will ``be embedded in their formations''; and in subsequent testimony before the Armed Services Committee on January 25, 2007, by the retired former Vice Chief of the Army it was learned that there will also be a comparable U.S. command in Baghdad, and that this dual chain of command may be problematic because ``the Iraqis are going to be able to move their forces around at times where we will disagree with that movement'', and called for clarification.

(19) This proposed level of troop augmentation far exceeds the expectations of many of us as to the reinforcements that would be necessary to implement the various options for a new strategy, and led many members of Congress to express outright opposition to augmenting our troops by 21,500.

(20) The Government of Iraq has promised repeatedly to assume a greater share of security responsibilities, disband militias, consider Constitutional amendments and enact laws to reconcile sectarian differences, and improve the quality of essential services for the Iraqi people; yet, despite those promises, little has been achieved.

(21) The President said on January 10, 2007, that ``I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended'' so as to dispel the contrary impression that exists.

(22) The recommendations in this section should not be interpreted as precipitating any immediate reduction in, or withdrawal of, the present level of forces.

(b) Sense of Senate.--It is the sense of the Senate that--

(1) the Senate disagrees with the ``plan'' to augment our forces by 21,500, and urges the President instead to consider all options and alternatives for achieving the strategic goals set forth below;

(2) the Senate believes the United States should continue vigorous operations in Anbar province, specifically for the purpose of combating an insurgency, including elements associated with the Al Qaeda movement, and denying terrorists a safe haven;

(3) the Senate believes a failed state in Iraq would present a threat to regional and world peace, and the long-term security interests of the United States are best served by an Iraq that can sustain, govern, and defend itself, and serve as an ally in the war against extremists;

(4) the Congress should not take any action that will endanger United States military forces in the field, including the elimination or reduction of funds for troops in the field, as such an action with respect to funding would undermine their safety or harm their effectiveness in pursuing their assigned missions;

(5) the primary objective of the overall U.S. strategy in Iraq should be to encourage Iraqi leaders to make political compromises that will foster reconciliation and strengthen the unity government, ultimately leading to improvements in the security situation;

(6) the military part of this strategy should focus on maintaining the territorial integrity of Iraq, denying international terrorists a safe haven, conducting counterterrorism operations, promoting regional stability, supporting Iraqi efforts to bring greater security to Baghdad, and training and equipping Iraqi forces to take full responsibility for their own security;

(7) United States military operations should, as much as possible, be confined to these goals, and should charge the Iraqi military with the primary mission of combating sectarian violence;

(8) the military Rules of Engagement for this plan should reflect this delineation of responsibilities, and the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should clarify the command and control arrangements in Baghdad;

(9) the United States Government should transfer to the Iraqi military, in an expeditious manner, such equipment as is necessary;

(10) the United States Government should engage selected nations in the Middle East to develop a regional, internationally sponsored peace-and-reconciliation process for Iraq;

(11) the Administration should provide regular updates to the Congress, produced by the Commander of United States Central Command and his subordinate commanders, about the progress or lack of progress the Iraqis are making toward this end; and

(12) our overall military, diplomatic, and economic strategy should not be regarded as an ``open-ended'' or unconditional commitment, but rather as a new strategy that hereafter should be conditioned upon the Iraqi government's meeting benchmarks that must be delineated in writing and agreed to by the Iraqi Prime Minister. Such benchmarks should include, but not be limited to, the deployment of that number of additional Iraqi security forces as specified in the plan in Baghdad, ensuring equitable distribution of the resources of the Government of Iraq without regard to the sect or ethnicity of recipients, enacting and implementing legislation to ensure that the oil resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable manner, and the authority of Iraqi commanders to make tactical and operational decisions without political intervention.

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SA 260. Mr. KYL submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

``Sec. __. Notwithstanding any other provision of law, amounts deposited or available in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) shall not be subject to any obligational limitation in any fiscal year. Amounts made available in this Act, except for amounts for defense, homeland security, and chapter 8, shall be reduced on a pro rata basis by the percentage required to reduce the overall amount made available by $1,253,000,000.''.

______

SA 261. Mr. KYL submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

``Sec. __. Notwithstanding any other provision of law, amounts deposited or available in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) in any fiscal year in excess of

$1,000,000,000 shall not be available for obligation until the next fiscal year and such additional amounts shall only be available for the purposes of such fund. Amounts made available in this Act, except for amounts for defense, homeland security, and chapter 8, shall be reduced on a pro rata basis by the percentage required to reduce the overall amount made available by $1,253,000,000.''.

______

SA 262. Mr. MARTINEZ submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 25, between lines 13 and 14, insert the following:

``Sec. ___. Notwithstanding any other provision of this Act, the Secretary of Agriculture may use 1 or more competitive grant programs to distribute funding made available under the heading `Cooperative State Research, Education, and Extension Service' for fiscal year 2007.

______

SA 263. Mr. HATCH submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 20, making further continuing appropriations for the fiscal year 2007, and for other purposes; which was ordered to lie on the table; as follows:

On page 105, after line 6, insert the following:

Sec. __. Notwithstanding section 101, for the Office of Justice Programs, State and Local Law Enforcement Assistance,

$85,000,000 for Boys and Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement, as authorized by section 401 of Public Law 104-294 (42 U.S.C. 13751 note). Amounts made available in this Act, except for amounts for defense, homeland security, and chapter 8, shall be reduced on a pro rata basis by the percentage required to reduce the overall amount made available by $85,000,000.

____________________

SOURCE: Congressional Record Vol. 153, No. 26

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