[Congressional Record Volume 160, Number 96 (Thursday, June 19, 2014)]
[Senate]
[Pages S3869-S3883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 3290. Mrs. FISCHER submitted an amendment intended to be proposed
by her to the bill H.R. 4660, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2015, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--BUDGET AND ACCOUNTING TRANSPARENCY
SEC. __01. SHORT TITLE.
This title may be cited as the ``Budget and Accounting
Transparency Act of 2014''.
Subtitle A--Fair Value Estimates
SEC. __11. CREDIT REFORM.
(a) In General.--Title V of the Congressional Budget Act of
1974 is amended to read as follows:
``TITLE V--FAIR VALUE
``SEC. 500. SHORT TITLE.
``This title may be cited as the `Fair Value Accounting Act
of 2014'.
``SEC. 501. PURPOSES.
``The purposes of this title are to--
``(1) measure more accurately the costs of Federal credit
programs by accounting for them on a fair value basis;
``(2) place the cost of credit programs on a budgetary
basis equivalent to other Federal spending;
``(3) encourage the delivery of benefits in the form most
appropriate to the needs of beneficiaries; and
``(4) improve the allocation of resources among Federal
programs.
``SEC. 502. DEFINITIONS.
``For purposes of this title:
``(1) The term `direct loan' means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds with or without
interest. The term includes the purchase of, or participation
in, a loan made by another lender and financing arrangements
that defer payment for more than 90 days, including the sale
of a Government asset on credit terms. The term does not
include the acquisition of a federally guaranteed loan in
satisfaction of default claims or the price support loans of
the Commodity Credit Corporation.
``(2) The term `direct loan obligation' means a binding
agreement by a Federal agency to make a direct loan when
specified conditions are fulfilled by the borrower.
``(3) The term `loan guarantee' means any guarantee,
insurance, or other pledge with respect to the payment of all
or a part of the principal or interest on any debt obligation
of a non-Federal borrower to a non-Federal lender, but does
not include the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
``(4) The term `loan guarantee commitment' means a binding
agreement by a Federal agency to make a loan guarantee when
specified conditions are fulfilled by the borrower, the
lender, or any other party to the guarantee agreement.
``(5)(A) The term `cost' means the sum of the Treasury
discounting component and the risk component of a direct loan
or loan guarantee, or a modification thereof.
``(B) The Treasury discounting component shall be the
estimated long-term cost to the Government of a direct loan
or loan guarantee, or modification thereof, calculated on a
net present value basis, excluding administrative costs and
any incidental effects on governmental receipts or outlays.
``(C) The risk component shall be an amount equal to the
difference between--
``(i) the estimated long-term cost to the Government of a
direct loan or loan guarantee, or modification thereof,
estimated on a fair value basis, applying the guidelines set
forth by the Financial Accounting Standards Board in
Financial Accounting Standards #157, or a successor thereto,
excluding administrative costs and any incidental effects on
governmental receipts or outlays; and
``(ii) the Treasury discounting component of such direct
loan or loan guarantee, or modification thereof.
``(D) The Treasury discounting component of a direct loan
shall be the net present value, at the time when the direct
loan is disbursed, of the following estimated cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Essential preservation expenses, payments of
interest and other payments by or to the Government over the
life of the loan after adjusting for estimated defaults,
prepayments, fees, penalties, and other recoveries, including
the effects of changes in loan terms resulting from the
exercise by the borrower of an option included in the loan
contract.
``(E) The Treasury discounting component of a loan
guarantee shall be the net present value, at the time when
the guaranteed loan is disbursed, of the following estimated
cash flows:
``(i) Payments by the Government to cover defaults and
delinquencies, interest subsidies, essential preservation
expenses, or other payments.
``(ii) Payments to the Government including origination and
other fees, penalties, and recoveries, including the effects
of changes in loan terms resulting from the exercise by the
guaranteed lender of an option included in the loan guarantee
contract, or by the borrower of an option included in the
guaranteed loan contract.
``(F) The cost of a modification is the sum of--
``(i) the difference between the current estimate of the
Treasury discounting component of the remaining cash flows
under the terms of a direct loan or loan guarantee and the
current estimate of the Treasury discounting component of the
remaining cash flows under the terms of the contract, as
modified; and
``(ii) the difference between the current estimate of the
risk component of the remaining cash flows under the terms of
a direct loan or loan guarantee and the current estimate of
the risk component of the remaining cash flows under the
terms of the contract as modified.
``(G) In estimating Treasury discounting components, the
discount rate shall be the average interest rate on
marketable Treasury securities of similar duration to the
cash flows of the direct loan or loan guarantee for which the
estimate is being made.
``(H) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are
obligated.
``(6) The term `program account' means the budget account
into which an appropriation to cover the cost of a direct
loan or loan guarantee program is made and from which such
cost is disbursed to the financing account.
``(7) The term `financing account' means the nonbudget
account or accounts associated with each program account
which holds balances, receives the cost payment from the
program account, and also includes all other cash flows to
and from the Government resulting from direct loan
obligations or loan guarantee commitments made on or after
October 1, 1991.
``(8) The term `liquidating account' means the budget
account that includes all cash flows to and from the
Government resulting from direct loan obligations or loan
guarantee commitments made prior to October 1, 1991. These
accounts shall be shown in the budget on a cash basis.
``(9) The term `modification' means any Government action
that alters the estimated cost of an outstanding direct loan
(or direct loan obligation) or an outstanding loan guarantee
(or loan guarantee commitment) from the current estimate of
cash flows. This includes the sale of loan assets, with or
without recourse, and the purchase of guaranteed loans (or
direct loan obligations) or loan guarantees (or loan
guarantee commitments) such as a change in collection
procedures.
``(10) The term `current' has the same meaning as in
section 250(c)(9) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
``(11) The term `Director' means the Director of the Office
of Management and Budget.
``(12) The term `administrative costs' means costs related
to program management activities, but does not include
essential preservation expenses.
``(13) The term `essential preservation expenses' means
servicing and other costs that are essential to preserve the
value of loan assets or collateral.
``SEC. 503. OMB AND CBO ANALYSIS, COORDINATION, AND REVIEW.
``(a) In General.--For the executive branch, the Director
shall be responsible for coordinating the estimates required
by this title. The Director shall consult with the agencies
that administer direct loan or loan guarantee programs.
``(b) Delegation.--The Director may delegate to agencies
authority to make estimates of costs. The delegation of
authority shall be based upon written guidelines,
regulations, or criteria consistent with the definitions in
this title.
``(c) Coordination With the Congressional Budget Office.--
In developing estimation guidelines, regulations, or criteria
to be used by Federal agencies, the Director shall consult
with the Director of the Congressional Budget Office.
``(d) Improving Cost Estimates.--The Director and the
Director of the Congressional Budget Office shall coordinate
the development of more accurate data on historical
performance and prospective risk of direct loan and loan
guarantee programs. They shall annually review the
performance of
[[Page S3870]]
outstanding direct loans and loan guarantees to improve
estimates of costs. The Office of Management and Budget and
the Congressional Budget Office shall have access to all
agency data that may facilitate the development and
improvement of estimates of costs.
``(e) Historical Credit Programs Costs.--The Director shall
review, to the extent possible, historical data and develop
the best possible estimates of adjustments that would convert
aggregate historical budget data to credit reform accounting.
``SEC. 504. BUDGETARY TREATMENT.
``(a) President's Budget.--Beginning with fiscal year 2017,
the President's budget shall reflect the costs of direct loan
and loan guarantee programs. The budget shall also include
the planned level of new direct loan obligations or loan
guarantee commitments associated with each appropriations
request. For each fiscal year within the five-fiscal year
period beginning with fiscal year 2017, such budget shall
include, on an agency-by-agency basis, subsidy estimates and
costs of direct loan and loan guarantee programs with and
without the risk component.
``(b) Appropriations Required.--Notwithstanding any other
provision of law, new direct loan obligations may be incurred
and new loan guarantee commitments may be made for fiscal
year 2017 and thereafter only to the extent that--
``(1) new budget authority to cover their costs is provided
in advance in an appropriation Act;
``(2) a limitation on the use of funds otherwise available
for the cost of a direct loan or loan guarantee program has
been provided in advance in an appropriation Act; or
``(3) authority is otherwise provided in appropriation
Acts.
``(c) Exemption for Direct Spending Programs.--Subsections
(b) and (e) shall not apply to--
``(1) any direct loan or loan guarantee program that
constitutes an entitlement (such as the guaranteed student
loan program or the veteran's home loan guaranty program);
``(2) the credit programs of the Commodity Credit
Corporation existing on the date of enactment of this title;
or
``(3) any direct loan (or direct loan obligation) or loan
guarantee (or loan guarantee commitment) made by the Federal
National Mortgage Association or the Federal Home Loan
Mortgage Corporation.
``(d) Budget Accounting.--
``(1) The authority to incur new direct loan obligations,
make new loan guarantee commitments, or modify outstanding
direct loans (or direct loan obligations) or loan guarantees
(or loan guarantee commitments) shall constitute new budget
authority in an amount equal to the cost of the direct loan
or loan guarantee in the fiscal year in which definite
authority becomes available or indefinite authority is used.
Such budget authority shall constitute an obligation of the
program account to pay to the financing account.
``(2) The outlays resulting from new budget authority for
the cost of direct loans or loan guarantees described in
paragraph (1) shall be paid from the program account into the
financing account and recorded in the fiscal year in which
the direct loan or the guaranteed loan is disbursed or its
costs altered.
``(3) All collections and payments of the financing
accounts shall be a means of financing.
``(e) Modifications.--An outstanding direct loan (or direct
loan obligation) or loan guarantee (or loan guarantee
commitment) shall not be modified in a manner that increases
its costs unless budget authority for the additional cost has
been provided in advance in an appropriation Act.
``(f) Reestimates.--When the estimated cost for a group of
direct loans or loan guarantees for a given program made in a
single fiscal year is re-estimated in a subsequent year, the
difference between the reestimated cost and the previous cost
estimate shall be displayed as a distinct and separately
identified subaccount in the program account as a change in
program costs and a change in net interest. There is hereby
provided permanent indefinite authority for these re-
estimates.
``(g) Administrative Expenses.--All funding for an agency's
administrative costs associated with a direct loan or loan
guarantee program shall be displayed as distinct and
separately identified subaccounts within the same budget
account as the program's cost.
``SEC. 505. AUTHORIZATIONS.
``(a) Authorization for Financing Accounts.--In order to
implement the accounting required by this title, the
President is authorized to establish such non-budgetary
accounts as may be appropriate.
``(b) Treasury Transactions With the Financing Accounts.--
``(1) In general.--The Secretary of the Treasury shall
borrow from, receive from, lend to, or pay to the financing
accounts such amounts as may be appropriate. The Secretary of
the Treasury may prescribe forms and denominations,
maturities, and terms and conditions for the transactions
described in the preceding sentence, except that the rate of
interest charged by the Secretary on lending to financing
accounts (including amounts treated as lending to financing
accounts by the Federal Financing Bank (hereinafter in this
subsection referred to as the `Bank') pursuant to section
405(b)) and the rate of interest paid to financing accounts
on uninvested balances in financing accounts shall be the
same as the rate determined pursuant to section 502(5)(G).
``(2) Loans.--For guaranteed loans financed by the Bank and
treated as direct loans by a Federal agency pursuant to
section 406(b)(1), any fee or interest surcharge (the amount
by which the interest rate charged exceeds the rate
determined pursuant to section 502(5)(G) that the Bank
charges to a private borrower pursuant to section 6(c) of the
Federal Financing Bank Act of 1973 shall be considered a cash
flow to the Government for the purposes of determining the
cost of the direct loan pursuant to section 502(5). All such
amounts shall be credited to the appropriate financing
account.
``(3) Reimbursement.--The Bank is authorized to require
reimbursement from a Federal agency to cover the
administrative expenses of the Bank that are attributable to
the direct loans financed for that agency. All such payments
by an agency shall be considered administrative expenses
subject to section 504(g). This subsection shall apply to
transactions related to direct loan obligations or loan
guarantee commitments made on or after October 1, 1991.
``(4) Authority.--The authorities provided in this
subsection shall not be construed to supersede or override
the authority of the head of a Federal agency to administer
and operate a direct loan or loan guarantee program.
``(5) Title 31.--All of the transactions provided in the
subsection shall be subject to the provisions of subchapter
II of chapter 15 of title 31, United States Code.
``(6) Treatment of cash balances.--Cash balances of the
financing accounts in excess of current requirements shall be
maintained in a form of uninvested funds and the Secretary of
the Treasury shall pay interest on these funds. The Secretary
of the Treasury shall charge (or pay if the amount is
negative) financing accounts an amount equal to the risk
component for a direct loan or loan guarantee, or
modification thereof. Such amount received by the Secretary
of the Treasury shall be a means of financing and shall not
be considered a cash flow of the Government for the purposes
of section 502(5).
``(c) Authorization for Liquidating Accounts.--(1) Amounts
in liquidating accounts shall be available only for payments
resulting from direct loan obligations or loan guarantee
commitments made prior to October 1, 1991, for--
``(A) interest payments and principal repayments to the
Treasury or the Federal Financing Bank for amounts borrowed;
``(B) disbursements of loans;
``(C) default and other guarantee claim payments;
``(D) interest supplement payments;
``(E) payments for the costs of foreclosing, managing, and
selling collateral that are capitalized or routinely deducted
from the proceeds of sales;
``(F) payments to financing accounts when required for
modifications;
``(G) administrative costs and essential preservation
expenses, if--
``(i) amounts credited to the liquidating account would
have been available for administrative costs and essential
preservation expenses under a provision of law in effect
prior to October 1, 1991; and
``(ii) no direct loan obligation or loan guarantee
commitment has been made, or any modification of a direct
loan or loan guarantee has been made, since September 30,
1991; or
``(H) such other payments as are necessary for the
liquidation of such direct loan obligations and loan
guarantee commitments.
``(2) Amounts credited to liquidating accounts in any year
shall be available only for payments required in that year.
Any unobligated balances in liquidating accounts at the end
of a fiscal year shall be transferred to miscellaneous
receipts as soon as practicable after the end of the fiscal
year.
``(3) If funds in liquidating accounts are insufficient to
satisfy obligations and commitments of such accounts, there
is hereby provided permanent, indefinite authority to make
any payments required to be made on such obligations and
commitments.
``(d) Reinsurance.--Nothing in this title shall be
construed as authorizing or requiring the purchase of
insurance or reinsurance on a direct loan or loan guarantee
from private insurers. If any such reinsurance for a direct
loan or loan guarantee is authorized, the cost of such
insurance and any recoveries to the Government shall be
included in the calculation of the cost.
``(e) Eligibility and Assistance.--Nothing in this title
shall be construed to change the authority or the
responsibility of a Federal agency to determine the terms and
conditions of eligibility for, or the amount of assistance
provided by a direct loan or a loan guarantee.
``SEC. 506. TREATMENT OF DEPOSIT INSURANCE AND AGENCIES AND
OTHER INSURANCE PROGRAMS.
``This title shall not apply to the credit or insurance
activities of the Federal Deposit Insurance Corporation,
National Credit Union Administration, Resolution Trust
Corporation, Pension Benefit Guaranty Corporation, National
Flood Insurance, National Insurance Development Fund, Crop
Insurance, or Tennessee Valley Authority.
[[Page S3871]]
``SEC. 507. EFFECT ON OTHER LAWS.
``(a) Effect on Other Laws.--This title shall supersede,
modify, or repeal any provision of law enacted prior to the
date of enactment of this title to the extent such provision
is inconsistent with this title. Nothing in this title shall
be construed to establish a credit limitation on any Federal
loan or loan guarantee program.
``(b) Crediting of Collections.--Collections resulting from
direct loans obligated or loan guarantees committed prior to
October 1, 1991, shall be credited to the liquidating
accounts of Federal agencies. Amounts so credited shall be
available, to the same extent that they were available prior
to the date of enactment of this title, to liquidate
obligations arising from such direct loans obligated or loan
guarantees committed prior to October 1, 1991, including
repayment of any obligations held by the Secretary of the
Treasury or the Federal Financing Bank. The unobligated
balances of such accounts that are in excess of current needs
shall be transferred to the general fund of the Treasury.
Such transfers shall be made from time to time but, at least
once each year.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by striking the items relating
to title V and inserting the following:
``TITLE V--FAIR VALUE
``Sec. 500. Short title.
``Sec. 501. Purposes.
``Sec. 502. Definitions.
``Sec. 503. OMB and CBO analysis, coordination, and review.
``Sec. 504. Budgetary treatment.
``Sec. 505. Authorizations.
``Sec. 506. Treatment of deposit insurance and agencies and other
insurance programs.
``Sec. 507. Effect on other laws.''.
SEC. __12. BUDGETARY ADJUSTMENT.
(a) In General.--Section 251(b)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new sentence: ``A change in
discretionary spending solely as a result of the amendment to
title V of the Congressional Budget Act of 1974 made by the
Budget and Accounting Transparency Act of 2014 shall be
treated as a change of concept under this paragraph.''.
(b) Report.--Before adjusting the discretionary caps
pursuant to the authority provided in subsection (a), the
Office of Management and Budget shall report to the
Committees on the Budget of the House of Representatives and
the Senate on the amount of that adjustment, the methodology
used in determining the size of that adjustment, and a
program-by-program itemization of the components of that
adjustment.
(c) Schedule.--The Office of Management and Budget shall
not make an adjustment pursuant to the authority provided in
subsection (a) sooner than 60 days after providing the report
required in subsection (b).
SEC. __13. EFFECTIVE DATE.
The amendments made by section __11 shall take effect
beginning with fiscal year 2017.
Subtitle B--Budgetary Treatment
SEC. __21. CBO AND OMB STUDIES RESPECTING BUDGETING FOR COSTS
OF FEDERAL INSURANCE PROGRAMS.
Not later than 1 year after the date of enactment of this
Act, the Directors of the Congressional Budget Office and of
the Office of Management and Budget shall each prepare a
study and make recommendations to the Committees on the
Budget of the House of Representatives and the Senate as to
the feasability of applying fair value concepts to budgeting
for the costs of Federal insurance programs.
SEC. __22. ON-BUDGET STATUS OF FANNIE MAE AND FREDDIE MAC.
Notwithstanding any other provision of law, the receipts
and disbursements, including the administrative expenses, of
the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation shall be counted as new budget
authority, outlays, receipts, or deficit or surplus for
purposes of--
(1) the budget of the United States Government as submitted
by the President;
(2) the congressional budget; and
(3) the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. __23. EFFECTIVE DATE.
Section __22 shall not apply with respect to an enterprise
(as such term is defined in section 1303 of the Federal
Housing Enterprises Financial Safety and Soundness Act of
1992 (12 U.S.C. 4502)) after the date that all of the
following have occurred:
(1) The conservatorship for such enterprise under section
1367 of such Act (12 U.S.C. 4617) has been terminated.
(2) The Director of the Federal Housing Finance Agency has
certified in writing that such enterprise has repaid to the
Federal Government the maximum amount consistent with
minimizing total cost to the Federal Government of the
financial assistance provided to the enterprise by the
Federal Government pursuant to the amendments made by section
1117 of the Housing and Economic Recovery Act of 2008 (Public
Law 110-289; 122 Stat. 2683) or otherwise.
(3) The charter for the enterprise has been revoked,
annulled, or terminated and the authorizing statute (as such
term is defined in such section 1303) with respect to the
enterprise has been repealed.
Subtitle C--Budget Review and Analysis
SEC. __41. CBO AND OMB REVIEW AND RECOMMENDATIONS RESPECTING
RECEIPTS AND COLLECTIONS.
Not later than 1 year after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall prepare a study of the history of offsetting
collections against expenditures and the amount of receipts
collected annually, the historical application of the
budgetary terms ``revenue'', ``offsetting collections'', and
``offsetting receipts'', and review the application of those
terms and make recommendations to the Committees on the
Budget of the House of Representatives and the Senate of
whether such usage should be continued or modified. The
Director of the Congressional Budget Office shall review the
history and recommendations prepared by the Director of the
Office of Management and Budget and shall submit comments and
recommendations to such Committees.
SEC. __42. AGENCY BUDGET JUSTIFICATIONS.
Section 1108 of title 31, United States Code, is amended by
inserting at the end the following new subsections:
``(h)(1) Whenever any agency prepares and submits written
budget justification materials for any committee of the House
of Representatives or the Senate, such agency shall post such
budget justification on the same day of such submission on
the `open' page of the public website of the agency, and the
Office of Management and Budget shall post such budget
justification in a centralized location on its website, in
the format developed under paragraph (2). Each agency shall
include with its written budget justification the process and
methodology the agency is using to comply with the Fair Value
Accounting Act of 2014.
``(2) The Office of Management and Budget, in consultation
with the Congressional Budget Office and the Government
Accountability Office, shall develop and notify each agency
of the format in which to post a budget justification under
paragraph (1). Such format shall be designed to ensure that
posted budget justifications for all agencies--
``(A) are searchable, sortable, and downloadable by the
public;
``(B) are consistent with generally accepted standards and
practices for machine-discoverability;
``(C) are organized uniformly, in a logical manner that
makes clear the contents of a budget justification and
relationships between data elements within the budget
justification and among similar documents; and
``(D) use uniform identifiers, including for agencies,
bureaus, programs, and projects.
``(i)(1) Not later than the day that the Office of
Management and Budget issues guidelines, regulations, or
criteria to agencies on how to calculate the risk component
under the Fair Value Accounting Act of 2014, it shall submit
a written report to the Committees on the Budget of the House
of Representatives and the Senate containing all such
guidelines, regulations, or criteria.
``(2) For fiscal year 2017 and each of the next four fiscal
years thereafter, the Comptroller General shall submit an
annual report to the Committees on the Budget of the House of
Representatives and the Senate reviewing and evaluating the
progress of agencies in the implementation of the Fair Value
Accounting Act of 2014.
``(3) Such guidelines, regulations, or criteria shall be
deemed to be a rule for purposes of section 553 of title 5
and shall be issued after notice and opportunity for public
comment in accordance with the procedures under such
section.''.
______
SA 3291. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 108, strike lines 8 through 12 and insert the
following:
(e) None of the funds made available in this or any other
appropriations Act may be used--
(1) for travel and conference activities that are not in
compliance with the policies established in Office of
Management and Budget Memorandum M-12-12, Promoting Efficient
Spending to Support Agency Operations, issued May 11, 2012;
or
(2) to establish or implement a policy that discourages or
prohibits the selection of a location for travel, an event, a
meeting, or a conference because the location is perceived to
be a resort or vacation destination before, on, or after the
date of enactment of this Act.
______
SA 3292. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds made available by this Act or
any other Act may be used for--
[[Page S3872]]
(1) any action by the Federal Deposit Insurance Corporation
to classify the sale or manufacture of a firearm or
ammunition as an activity involving risk; or
(2) any action by the Department of Justice to discourage
the provision or continuation of credit or the processing of
payments by any financial institution to a manufacturer,
dealer, or importer of firearms or ammunition, based on the
fact that the business is a manufacturer, dealer, or importer
of firearms or ammunition.
______
SA 3293. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
In title I of division A, insert after section 110 the
following:
Sec. 111. None of the funds appropriated or otherwise made
available under this Act may be used to negotiate any trade
agreement or treaty with the People's Republic of China
unless the President first certifies to Congress that, in the
one-year period preceding the certification, the Government
of the People's Republic of China has not engaged in the
intervention or manipulation of the exchange rate between the
renminbi and the United States dollar for the purposes of--
(1) preventing the effective balance of payments
adjustments; or
(2) gaining an unfair competitive advantage in
international trade.
______
SA 3294. Mrs. SHAHEEN (for herself, Mr. Kirk, Mr. Toomey, Mr. McCain,
Ms. Ayotte, Mr. Warner, Ms. Collins, Mr. Portman, Mr. Coats, and Mrs.
Feinstein) submitted an amendment intended to be proposed to amendment
SA 3244 submitted by Ms. Mikulski and intended to be proposed to the
bill H.R. 4660, making appropriations for the Departments of Commerce
and Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2015, and for other purposes; which was ordered to lie on
the table; as follows:
On page 387, after line 23, add the following:
Sec. 7_. None of the funds appropriated or otherwise made
available by this division shall be used to pay the salaries
and expenses of personnel of the Department of Agriculture to
make nonrecourse loans available to processors of sugarcane
or sugar beets under section 156 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272) and
notwithstanding the provisions of that section, if the gross
revenue from sugar of any such processor exceeded
$300,000,000 in the previous fiscal year.
______
SA 3295. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. (a) Short Title.--This section may be cited as
the ``Saving Kids From Dangerous Drugs Act of 2014''.
(b) Offenses Involving Controlled Substances Marketed to
Minors.--Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended by adding at the end the following:
``(i) Offenses Involving Controlled Substances Marketed to
Minors.--
``(1) Unlawful act.--Except as authorized under this title,
including paragraph (3), it shall be unlawful for any person
at least 18 years of age to--
``(A) knowingly or intentionally manufacture or create a
controlled substance listed in schedule I or II that is--
``(i) combined with a beverage or candy product;
``(ii) marketed or packaged to appear similar to a beverage
or candy product; or
``(iii) modified by flavoring or coloring; and
``(B) know, or have reasonable cause to believe, that the
combined, marketed, packaged, or modified controlled
substance will be distributed, dispensed, or sold to a person
under 18 years of age.
``(2) Penalties.--Except as provided in section 418, 419,
or 420, any person who violates paragraph (1) of this
subsection shall be subject to--
``(A) an additional term of imprisonment of not more than
10 years for a first offense involving the same controlled
substance and schedule; and
``(B) an additional term of imprisonment of not more than
20 years for a second or subsequent offense involving the
same controlled substance and schedule.
``(3) Exceptions.--Paragraph (1) shall not apply to any
controlled substance that--
``(A) has been approved by the Secretary under section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355),
if the contents, marketing, and packaging of the controlled
substance have not been altered from the form approved by the
Secretary; or
``(B) has been altered at the direction of a practitioner
who is acting for a legitimate medical purpose in the usual
course of professional practice.''.
(c) Sentencing Guidelines.--Pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing
Commission shall review its guidelines and policy statements
to ensure that the guidelines provide an appropriate
additional penalty increase to the sentence otherwise
applicable in Part D of the Guidelines Manual if the
defendant was convicted of a violation of section 401(i) of
the Controlled Substances Act, as added by subsection (b).
______
SA 3296. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXTRATERRITORIAL DRUG TRAFFICKING ACTIVITY.
(a) Possession, Manufacture or Distribution for Purposes of
Unlawful Importations.--Section 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 959) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) in subsection (a), by striking ``It shall'' and all
that follows and inserting the following: ``It shall be
unlawful for any person to manufacture or distribute a
controlled substance in schedule I or II or flunitrazepam or
a listed chemical intending, knowing, or having reasonable
cause to believe that such substance or chemical will be
unlawfully imported into the United States or into waters
within a distance of 12 miles of the coast of the United
States.
``(b) It shall be unlawful for any person to manufacture or
distribute a listed chemical--
``(1) intending or knowing that the listed chemical will be
used to manufacture a controlled substance; and
``(2) intending, knowing, or having reasonable cause to
believe that the controlled substance will be unlawfully
imported into the United States.''.
(b) Trafficking in Counterfeit Goods or Services.--Chapter
113 of title 18, United States Code, is amended--
(1) in section 2318(b)(2), by striking ``section 2320(e)''
and insertion ``section 2320(f)''; and
(2) in section 2320--
(A) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) traffics in a drug and knowingly uses a counterfeit
mark on or in connection with such drug,'';
(B) in subsection (b)(3), in the matter preceding
subparagraph (A), by striking ``counterfeit drug'' and
inserting ``drug that uses a counterfeit mark on or in
connection with the drug''; and
(C) in subsection (f), by striking paragraph (6) and
inserting the following:
``(6) the term `drug' means a drug, as defined in section
201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).''.
______
SA 3297. Mr. TOOMEY (for himself and Mr. Crapo) submitted an
amendment intended to be proposed to amendment SA 3244 submitted by Ms.
Mikulski and intended to be proposed to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
On page 89, line 20, strike ``$775,000,000'' and insert
``$1,500,000,000''.
______
SA 3298. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in title V of division A, insert
the following:
Sec. __. (a) Notwithstanding any other provision of this
Act--
(1) the total amount made available under the heading
``juvenile justice programs'' under the heading ``Office of
Justice Programs'' under the heading ``DEPARTMENT OF
JUSTICE'' under title II of this division shall be
$259,250,000; and
(2) the amount made available for missing and exploited
children programs under paragraph (6) under the heading
``juvenile justice programs'' under the heading ``Office of
Justice Programs'' under the heading ``DEPARTMENT OF
JUSTICE'' under title II of this division shall be
$69,750,000: Provided, That not less than $27,500,000 shall
be used for grants to the National Center for Missing and
Exploited Children and not less than $30,000,000 shall be
used for task force
[[Page S3873]]
grants, training, and technical assistance, research and
statistics, and administrative costs for the Internet Crimes
Against Children Task Force program, of which not less than
$1,000,000 shall be used for Internet Crimes Against Children
training and technical assistance programs.
(b) Notwithstanding any other provision of this Act, the
amount made available under the heading ``periodic censuses
and programs'' under the heading ``Bureau of the Census''
under the heading ``DEPARTMENT OF COMMERCE'' in title I of
this division shall be $893,244,000.
______
SA 3299. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Not later than 90 days after the date of
enactment of this Act, each agency that is appropriated funds
under this Act shall submit to the Committee on
Appropriations and Committee on the Budget of the Senate and
the Committee on Appropriations and Committee on the Budget
of the House of Representatives a report on--
(1) the total amount of funds the agency spends on
advertising on television, radio, Internet websites, blogs,
social media, newspapers, magazines, billboards, posters, and
brochures;
(2) the amount of funds the agency spends on each form of
advertising described in paragraph (1); and
(3) of the amount described in paragraph (1), the amount
spent on advertisements to attract job applicants and the
amount spent for other advertisement purposes.
______
SA 3300. Mr. TOOMEY (for himself and Mr. Boozman) submitted an
amendment intended to be proposed by him to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds made available under this Act
may be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
guarantee--
(1) any mortgage that refinances or otherwise replaces a
mortgage that a State, municipality, or any other political
subdivision of a State seized, took, or otherwise obtained by
the exercise of the power of eminent domain; or
(2) any mortgage-backed security collateralized by a
mortgage or pool of mortgages described under paragraph (1).
______
SA 3301. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title VII of division C, add the following:
Sec. 7_. Notwithstanding any other provision of this Act,
in the matter under the heading ``AGRICULTURAL PROGRAMS'' of
title I--
(1) the amount made available under the heading ``Office of
the Secretary'' shall be reduced by $1,250,000, and not more
than $24,061,000 shall be available for Departmental
Administration;
(2) the amount made available under the heading ``Office of
the General Counsel'' shall be reduced by $3,182,500;
(3) the amount made available under the heading ``Economic
Research Service'' shall be reduced by $3,657,500;
(4) the amount made available under the heading ``National
Agricultural Statistics Service'' shall be reduced by
$8,474,000;
(5) the amount made available under the heading ``salaries
and expenses'' under the heading ``Agricultural Research
Service'' shall be reduced by $8,595,500; and
(6) the amount made available under the heading ``research
and education activities'' under the heading ``National
Institute of Food and Agriculture'' shall be reduced by
$35,542,000, and no funds shall be used for--
(A) supplemental and alternative crops;
(B) aquaculture renters;
(C) sustainable agriculture research and education;
(D) the alfalfa forage and research program;
(E) special research grants for potato research;
(F) special research grants for aquaculture research; or
(G) the organic transition program.
______
SA 3302. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. Notwithstanding any other provision of this
division--
(1) the amount made available under the heading ``food for
peace title ii grants'' under the heading ``Foreign
Agricultural Service'' under the heading ``FOREIGN ASSISTANCE
AND RELATED PROGRAMS'' in title V shall be $1,225,900,000;
(2) the amount made available under section 738 for the
Emergency Watershed Protection Program shall be $234,528,000;
and
(3) the amount made available under section 738 for the
Emergency Conservation Program shall be $136,255,000.
______
SA 3303. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7___. None of the funds made available by this
division may be used to pay the salaries and expenses of any
officers or employees of the Department of Agriculture to
enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any individual that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the Federal agency responsible
for collecting the tax liability, if the officers or
employees of the Department of Agriculture are aware of the
unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the individual and has made a
determination that suspension or debarment of the individual
is not necessary to protect the interests of the United
States.
______
SA 3304. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. None of the funds made available by this Act may
be used to pay the salaries and expenses of any officers or
employees of the Department of Agriculture to enter into a
contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan
guarantee to any individual that was convicted of a felony
criminal violation under any Federal law during the 2-year
period ending on the date of enactment of this Act, if the
officers or employees of the Department of Agriculture are
aware of the conviction, unless the officers or employees of
the Department of Agriculture have considered suspension or
debarment of the individual and made a determination that the
prohibition of funds under this section is not necessary to
protect the interests of the United States.
______
SA 3305. Mr. LEE (for himself and Mr. Vitter) submitted an amendment
intended to be proposed by him to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. None of the funds made available by this Act may
be used to implement, administer, or enforce the proposed
rule entitled ``Affirmatively Furthering Fair Housing'',
published by the Department of Housing and Urban Development
in the Federal Register on July 19, 2013 (78 Fed. Reg. 43710;
Docket No. FR-5173-P-01).
______
SA 3306. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 3244 submitted by Ms. Mikulski and intended to be
proposed to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
[[Page S3874]]
which was ordered to lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. Notwithstanding any other provision of this
division--
(1) the amount made available under the heading ``Office of
the Secretary'' under the heading ``Production, Processing
and Marketing'' under the heading ``AGRICULTURAL PROGRAMS''
in title I shall be $31,466,000, of which reduction--
(A) $1,800,000 shall be derived from funds made available
for the immediate Office of the Secretary;
(B) $9,000,000 shall be derived from funds made available
for Departmental Administration;
(C) $1,400,000 shall be derived from funds made available
for the Office of the Assistant Secretary for Congressional
Relations; and
(D) $2,800,000 shall be derived from funds made available
for the Office of Communications;
(2) the amount made available under the heading ``Office of
the General Counsel'' under the heading ``AGRICULTURAL
PROGRAMS'' in title I shall be $32,567,000; and
(3) the amount made available under the heading ``child
nutrition programs'' under the heading ``Food and Nutrition
Service'' under the heading ``DOMESTIC FOOD PROGRAMS'' in
title IV shall be $20,527,000,000, of which $30,000,000 shall
remain available until expended to carry out section 749(g)
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80; 123 Stat. 2132).
______
SA 3307. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill H.R. 4660, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2015, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec.___. Of the funds made available under title VI of
division C the heading ``salaries and expenses'' under the
heading ``food and drug administration'' under the heading
``department of health and human services'', $20,000,000
shall not be available for obligation until the Commissioner
of Food and Drugs: (1) finalizes the draft guidance entitled
``Guidance for Industry: Abuse-Deterrent Opioids--Evaluation
and Labeling'', issued in January 2013; (2) provides to
Congress a report detailing the methodology used by the Food
and Drug Administration for postmarket tracking of Zohydro
and findings as of the date of enactment of this Act; and (3)
produces documents responsive to Senator Manchin's letter to
the Commissioner of Food and Drugs dated October 9, 2013,
relating to conferences of the Initiative on Methods,
Measurement, and Pain Assessment in Clinical Trials and
Analgesic, Anesthetic, and Addiction Clinical Trial
Translations, Innovations, Opportunities, and Networks:
Provided, That if the Food and Drug Administration fails to
meet such conditions by June 30, 2015, such funds shall be
made available for obligation to the Food and Drug
Administration's Office of Criminal Investigation for the
purpose of assisting Federal, State, and local agencies to
combat the diversion and illegal sales of controlled
substances.
______
SA 3308. Mr. MURPHY submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 220, line 18, strike ``$135,000,000, to remain
available until September 30, 2018: Provided'' and insert
``$160,000,000, to remain available until September 30, 2018:
Provided, That of the amounts made available under this
heading, all such amounts in excess of $135,000,000 shall be
used only for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act:
Provided further''.
On page 230, line 24, strike ``$250,000,000'' and insert
``$225,000,000''.
______
SA 3309. Mr. HARKIN submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 118, between lines 19 and 20, insert the following:
Sec. 105. Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall
promulgate a final rule for all air carriers subject to
section 41705 of title 49, United States Code, that requires
that, to the maximum extent possible and at the earliest
possible date, any visually displayed entertainment
programming and information available to passengers on a
flight be accessible to individuals with disabilities,
including by making available or providing open captioning,
closed captioning, and video description, and that any
devices delivering individual programming must be capable of
being independently operated by individuals with
disabilities.
______
SA 3310. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 212, line 5, strike ``$950,000,000'' and insert
``$700,000,000''.
______
SA 3311. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 111, line 20, strike ``$550,000,000'' and insert
``$100,000,000''.
______
SA 3312. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 109, line 14, strike ``$108,000,000'' and insert
``$107,000,000''.
______
SA 3313. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 161, line 5, strike ``$110,500,000'' and insert
``$105,933,000''.
______
SA 3314. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 232, strike line 9 and all that follows through
page 233, line 23.
______
SA 3315. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 157, line 24, strike ``$1,390,000,000'' and insert
``$1,190,000,000''.
______
SA 3316. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 160, after line 22, add the following:
Sec. 154. No Federal funds may be used by the National
Railroad Passenger Corporation to subsidize food, beverage,
or first class services.
______
SA 3317. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related
[[Page S3875]]
Agencies for the fiscal year ending September 30, 2015, and for other
purposes; which was ordered to lie on the table; as follows:
On page 160, after line 22, add the following:
SEC. 154. NO FEDERAL FUNDS MAY BE USED BY THE NATIONAL
RAILROAD PASSENGER CORPORATION TO SUBSIDIZE
AMTRAK ROUTES THAT OFFER FREE RIDERSHIP,
INCLUDING THE AMTRAK RESIDENCY PROGRAM.
______
SA 3318. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 207, strike line 17 and all that follows through
page 208, line 2.
______
SA 3319. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 227, line 10, strike ``$46,000,000'' and insert
``$40,000,000''.
______
SA 3320. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 325, line 25, strike ``$900,000,000'' and insert
``$360,000,000''.
On page 326, line 12, strike ``$66,420,000'' and insert
``$9,792,000''.
______
SA 3321. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 371, strike lines 14 through 16.
______
SA 3322. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 336, beginning on line 19, strike ``groups;'' and
all that follows through line 23, and insert ``groups.''
______
SA 3323. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to carry out the Quality Samples
Program of the Foreign Agricultural Service of the Department
of Agriculture.
______
SA 3324. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title VII of division __, add the following:
Sec. __. None of the funds made available by this Act may
be used to pay the salaries and expenses of any officers or
employees of the Department of Agriculture or the Federal
Crop Insurance Corporation to carry out section 522(b) of the
Federal Crop Insurance Act (7 U.S.C. 1522(b)).
______
SA 3325. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7___. Section 508(e) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)) is amended by adding at the end the
following:
``(9) Limitation on premium subsidy based on average
adjusted gross income.--
``(A) Definition of average adjusted gross income.--In this
paragraph, the term `average adjusted gross income' has the
meaning given the term in section 1001D(a) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(a)).
``(B) Limitation.--Notwithstanding any other provision of
this subtitle and beginning with the 2015 reinsurance year,
in the case of any producer that is a person or legal entity
that has an average adjusted gross income in excess of
$750,000 based on the most recent data available from the
Farm Service Agency as of the beginning of the reinsurance
year, the total amount of premium subsidy provided with
respect to additional coverage under subsection (c), section
508B, or section 508C issued on behalf of the producer for a
reinsurance year shall be 15 percentage points less than the
premium subsidy provided in accordance with this subsection
that would otherwise be available for the applicable policy,
plan of insurance, and coverage level selected by the
producer.
``(C) Application.--
``(i) Study.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary, in consultation
with the Government Accountability Office, shall carry out a
study to determine the effects of the limitation described in
subparagraph (B) on--
``(I) the overall operations of the Federal crop insurance
program;
``(II) the number of producers participating in the Federal
crop insurance program;
``(III) the level of coverage purchased by participating
producers;
``(IV) the amount of premiums paid by participating
producers and the Federal Government;
``(V) any potential liability for participating producers,
approved insurance providers, and the Federal Government;
``(VI) different crops or growing regions;
``(VII) program rating structures;
``(VIII) creation of schemes or devices to evade the impact
of the limitation; and
``(IX) administrative and operating expenses paid to
approved insurance providers and underwriting gains and loss
for the Federal government and approved insurance providers.
``(ii) Effectiveness.--The limitation described in
subparagraph (B) shall not take effect unless the Secretary
determines, through the study described in clause (i), that
the limitation would not--
``(I) significantly increase the premium amount paid by
producers with an average adjusted gross income of less than
$750,000;
``(II) result in a decline in the crop insurance coverage
available to producers; and
``(III) increase the total cost of the Federal crop
insurance program.''.
______
SA 3326. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. _. None of the funds made available by this division
may be used to carry out section 209 of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1627a).
______
SA 3327. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. None of the funds made available by this Act may
be used for the construction, funding, installation, or
operation of ethanol blender pumps.
______
SA 3328. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce
[[Page S3876]]
and Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2015, and for other purposes; which was ordered to lie on
the table; as follows:
On page 387, after line 23, add the following:
Sec. 7_. None of the funds made available by this Act may
be used to carry out the revenue assurance harvest price
option program administered by the Secretary of Agriculture.
______
SA 3329. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 321, line 24, before the period at the end insert
``: Provided, That the Federal Crop Insurance Corporation may
only make premium payments on behalf of producers whose names
are made publically available''.
______
SA 3330. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 67, between lines 15 and 16, insert the following:
Sec. 221. (a) In this section, the term ``Crime Victims
Fund amounts'' means the sums described in section 1402(d)(3)
of chapter XIV of title II of Public Law 98-473 (42 U.S.C.
10601(d)(3)) that are available for obligation under section
510 of title V of this division.
(b) The Crime Victims Fund amounts--
(1) shall be available for--
(A) the United States Attorneys Offices and the Federal
Bureau of Investigation to provide and improve services for
the benefit of crime victims in the Federal criminal justice
system (as described in 3771 of title 18, United States Code,
and section 503 of the Victims' Rights and Restitution Act of
1990 (42 U.S.C. 10607)) through victim coordinators, victims'
specialists, and advocates, including for the administrative
support of victim coordinators and advocates providing such
services; and
(B) a Victim Notification System; and
(2) may not be used for any purpose that is not specific in
subparagraph (A) or (B) of paragraph (1).
______
SA 3331. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 10, beginning on line 13, strike ``from'' and all
that follows through ``That'' on line 16.
On page 12, line 7, strike ``not to exceed'' and all that
follows through ``That'' on line 9.
On page 26, line 1, strike ``of the'' and all that follows
through ``That''on line 4.
On page 27, line 24, strike ``of the'' and all that follows
through ``That'' on page 28, line 2.
On page 30, line 18, strike ``$6,000'' and all that follows
through line 19 and insert ``$15,000,000 shall''.
On page 33, strike lines 7 through 9 and insert ``until
expended.''.
On page 34, line 6, strike ``expended and not to'' and all
that follows through line 8 and insert ``expended.''.
On page 34, line 20, strike ``$36,000'' and all that
follows through line 21 and insert ``$1,000,000 shall be''.
On page 36, line 6, strike ``$5,400'' and all that follows
through ``exceed'' on line 8.
On page 59, strike lines 19 through 24.
On page 108, between lines 12 and 13, insert the following:
Sec. 540. Notwithstanding any other provision of this Act,
none of the funds made available under this division may be
used for official reception or representation expenses.
______
SA 3332. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 46, line 15, strike ``$5,000,000'' and all that
follows through ``decision-making'' on line 16.
______
SA 3333. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 29, line 20, strike ``$12,972,000'' and insert
``$12,000,000''.
______
SA 3334. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 51, strike lines 15 and 16.
______
SA 3335. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 23, between lines 8 and 9, insert the following:
Sec. 111. (a) No amount appropriated or otherwise made
available by this title under the heading ``National
Institute of Standards and Technology'' may be used to
develop or deploy laboratory-to-market strategies that
accelerate collaboration and commercialization of Federal
technologies.
(b) The amount appropriated or otherwise made available by
this title under each heading under the heading ``National
Institute of Standards and Technology'' is reduced on a pro
rata basis in a manner such that the aggregate amount of such
reduction is $6,000,000.
______
SA 3336. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 23, between lines 8 and 9, insert the following:
Sec. 111. (a) None of the funds appropriated or otherwise
made available by this title may be obligated or expended to
carry out activities of the SelectUSA program of the
International Trade Administration.
(b) The amount appropriated or otherwise made available by
this title under the heading ``operations and
administration'' under the heading ``International Trade
Administration'' is hereby decreased by $15,000,000.
______
SA 3337. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
Beginning on page 5, strike line 6 and all that follows
through page 6, line 16.
______
SA 3338. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, 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 this
Act--
(1) no funds shall be made available under the heading
``salaries and expenses, community relations service'' under
the heading ``Legal Activities'' under the heading
``DEPARTMENT OF JUSTICE'' under title II of division A of
this Act; and
(2) of the amounts made available under the heading ``state
and local law enforcement assistance'' under the heading
``State and Local Law Enforcement Activities'' under the
heading ``DEPARTMENT OF JUSTICE'' under title II of division
A of this Act--
(A) the total amount made available for grants, contracts,
cooperative agreements,
[[Page S3877]]
and other assistance authorized under provisions of law
described under such heading shall be $1,162,472,000;
(B) the amount made available for the Edward Byrne Memorial
Justice Assistance Grant program shall be $388,972,000; and
(C) the amount made available for a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative (VALOR) shall be $27,297,000.
______
SA 3339. Mr. HELLER (for himself, Mrs. McCaskill, Mrs. Gillibrand,
Mr. Blumenthal, Mr. Grassley, Mr. Rubio, Ms. Ayotte, and Mr. Warner)
submitted an amendment intended to be proposed to amendment SA 3244
submitted by Ms. Mikulski and intended to be proposed to the bill H.R.
4660, making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2015, and for other purposes; which was ordered to lie on
the table; as follows:
On page 41, line 15, insert ``including to provide training
for campus officials, victim advocates, or campus law
enforcement officials who are the initial point of contact
for victims of sexual assault,'' after ``campus,''.
______
SA 3340. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SAFE COMMUNITIES.
(a) Short Title.--This section may be cited as the ``Keep
Our Communities Safe Act of 2014''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Constitutional rights should be upheld and protected;
(2) Congress intends to uphold the Constitutional principle
of due process; and
(3) due process of the law is a right afforded to everyone
in the United States.
(c) Detention of Dangerous Aliens During Removal
Proceedings.--Section 236 of the Immigration and Nationality
Act (8 U.S.C. 1226) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except in the second place it appears in subsection
(a)) and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General--''; and
(B) in paragraph (2)(B), by striking ``conditional parole''
and inserting ``recognizance'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Parole'' and
inserting ``Recognizance''; and
(B) by striking ``parole'' and inserting ``recognizance'';
(4) in subsection (c)(1), by striking the undesignated
matter following subparagraph (D) and inserting the
following:
``any time after the alien is released, without regard to
whether an alien is released related to any activity,
offense, or conviction described in this paragraph; to
whether the alien is released on parole, supervised release,
or probation; or to whether the alien may be arrested or
imprisoned again for the same offense. If the activity
described in this paragraph does not result in the alien
being taken into custody by any person other than the
Secretary, then when the alien is brought to the attention of
the Secretary or when the Secretary determines it is
practical to take such alien into custody, the Secretary
shall take such alien into custody.'';
(5) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''; and
(6) by adding at the end the following:
``(g) Length of Detention.--
``(1) Notwithstanding any other provision of this section,
an alien may be detained under this section for any period,
without limitation, except as provided in subsection (i),
until the alien is subject to a final order of removal.
``(2) The length of detention under this section shall not
affect a detention under section 241.
``(h) Administrative Review.--
``(1) Limitation.--The Attorney General's review of the
Secretary's custody determinations under subsection (a) shall
be limited to whether the alien may be detained, released on
bond (of at least $1,500 with security approved by the
Secretary), or released with no bond. Any review involving an
alien described in paragraph (2)(D) shall be limited to a
determination of whether the alien is properly included in
such category.
``(2) Classes of aliens.--The Attorney General's shall
review the Secretary's custody determinations for the
following classes of aliens:
``(A) Aliens in exclusion proceedings.
``(B) Aliens described in sections 212(a)(3) and 237(a)(4).
``(C) Aliens described in subsection (c).
``(D) Aliens in deportation proceedings subject to section
242(a)(2) (as in effect between April 24, 1996 and April 1,
1997).
``(i) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that
the alien is not a flight risk or a risk to another person or
the community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(d) Aliens Ordered Removed.--Section 241(a) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)) is
amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first place it appears in paragraph (4)(B)(i),
and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by amending subparagraphs (B) and (C) to read as
follows:
``(B) Beginning of period.--The removal period begins on
the latest of--
``(i) the date on which the order of removal becomes
administratively final;
``(ii) the date on which the alien is taken into such
custody if the alien is not in the custody of the Secretary
on the date on which the order of removal becomes
administratively final; and
``(iii) the date on which the alien is taken into the
custody of the Secretary after the alien is released from
detention or confinement if the alien is detained or confined
(except for an immigration process) on the date on which the
order of removal becomes administratively final.
``(C) Suspension of period.--
``(i) Extension.--The removal period shall be extended
beyond a period of 90 days and the Secretary may, in the
Secretary's sole discretion, keep the alien in detention
during such extended period, if--
``(I) the alien fails or refuses to make all reasonable
efforts to comply with the removal order, or to fully
cooperate with the Secretary's efforts to establish the
alien's identity and carry out the removal order, including
making timely application in good faith for travel or other
documents necessary to the alien's departure or conspires or
acts to prevent the alien's removal that is subject to an
order of removal;
``(II) a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administratively final order of removal;
``(III) the Secretary transfers custody of the alien
pursuant to law to another Federal agency or a State or local
government agency in connection with the official duties of
such agency; or
``(IV) a court or the Board of Immigration Appeals orders a
remand to an immigration judge or the Board of Immigration
Appeals, during the time period when the case is pending a
decision on remand (with the removal period beginning anew on
the date that the alien is ordered removed on remand).
``(ii) Renewal.--If the removal period has been extended
under clause (i), a new removal period shall be deemed to
have begun on the date on which--
``(I) the alien makes all reasonable efforts to comply with
the removal order, or to fully cooperate with the Secretary's
efforts to establish the alien's identity and carry out the
removal order;
``(II) the stay of removal is no longer in effect; or
``(III) the alien is returned to the custody of the
Secretary.
``(iii) Mandatory detention for certain aliens.--The
Secretary shall keep an alien described in subparagraphs (A)
through (D) of section 236(c)(1) in detention during the
extended period described in clause (i).
``(iv) Sole form of relief.--An alien may only seek relief
from detention under this subparagraph by filing an
application for a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No alien whose
period of detention is extended under this subparagraph shall
have the right to seek release on bond.'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by inserting
``or is not detained pursuant to paragraph (6)'' after ``the
removal period''; and
(B) by amending subparagraph (D) to read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities that the Secretary prescribes for the
alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community; or
``(iii) for other purposes related to the enforcement of
Federal immigration laws.'';
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative aliens
established.--
``(i) In general.--The Secretary shall establish an
administrative review process to determine whether an alien
who is not otherwise subject to mandatory detention, who has
made all reasonable efforts to comply with a removal order
and to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the
[[Page S3878]]
alien's departure, and who has not conspired or acted to
prevent removal should be detained or released on conditions.
``(ii) Determination.--The Secretary shall make a
determination whether to release an alien after the removal
period in accordance with subparagraph (B), which--
``(I) shall include consideration of any evidence submitted
by the alien; and
``(II) may include consideration of any other evidence,
including--
``(aa) any information or assistance provided by the
Secretary of State or other Federal official; and
``(bb) any other information available to the Secretary of
Homeland Security pertaining to the ability to remove the
alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of Homeland Security may
continue to detain an alien for 90 days beyond the removal
period (including any extension of the removal period under
paragraph (1)(C)). An alien whose detention is extended under
this subparagraph shall not have the right to seek release on
bond.
``(ii) Specific circumstances.--The Secretary of Homeland
Security may continue to detain an alien beyond the 90 days
authorized under clause (i)--
``(I) until the alien is removed, if the Secretary
determines that there is a significant likelihood that the
alien--
``(aa) will be removed in the reasonably foreseeable
future;
``(bb) would be removed in the reasonably foreseeable
future; or
``(cc) would have been removed if the alien had not--
``(AA) failed or refused to make all reasonable efforts to
comply with the removal order;
``(BB) failed or refused to cooperate fully with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure; or
``(CC) conspired or acted to prevent removal;
``(II) until the alien is removed, if the Secretary of
Homeland Security certifies in writing--
``(aa) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(bb) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(cc) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(dd) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or of any person; and
``(AA) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)(A)) or of 1 or
more crimes identified by the Secretary of Homeland Security
by regulation, or of 1 or more attempts or conspiracies to
commit any such aggravated felonies or such identified
crimes, if the aggregate term of imprisonment for such
attempts or conspiracies is at least 5 years; or
``(BB) the alien has committed 1 or more crimes of violence
(as defined in section 16 of title 18, United States Code,
but not including a purely political offense) and, because of
a mental condition or personality disorder and behavior
associated with that condition or disorder, the alien is
likely to engage in acts of violence in the future; or
``(III) pending a certification under subclause (II), if
the Secretary of Homeland Security has initiated the
administrative review process not later than 30 days after
the expiration of the removal period (including any extension
of the removal period under paragraph (1)(C)).
``(iii) No right to bond hearing.--An alien whose detention
is extended under this subparagraph shall not have a right to
seek release on bond, including by reason of a certification
under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (B)(ii)(II) every 6
months after providing an opportunity for the alien to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew a certification, the Secretary
may not continue to detain the alien under subparagraph
(B)(ii)(II).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in item (bb),
(cc), or (dd) of subparagraph (B)(ii)(II) below the level of
the Assistant Secretary for Immigration and Customs
Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General or the Attorney General's
designee provide for a hearing to make the determination
described in subparagraph (B)(ii)(II)(dd)(BB).
``(D) Release on conditions.--If it is determined that an
alien should be released from detention by a Federal court,
the Board of Immigration Appeals, or if an immigration judge
orders a stay of removal, the Secretary of Homeland Security
may impose conditions on release as provided under paragraph
(3).
``(E) Redetention.--
``(i) In general.--The Secretary of Homeland Security,
without any limitations other than those specified in this
section, may detain any alien subject to a final removal
order who is released from custody if--
``(I) removal becomes likely in the reasonably foreseeable
future;
``(II) the alien fails to comply with the conditions of
release or to continue to satisfy the conditions described in
subparagraph (A); or
``(III) upon reconsideration, the Secretary determines that
the alien can be detained under subparagraph (B).
``(ii) Applicability.--This section shall apply to any
alien returned to custody pursuant to this subparagraph as if
the removal period terminated on the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph shall not
be subject to review by any other agency.''.
(e) Severability.--If any of the provisions of this
section, any amendment made by this section, or the
application of any such provision to any person or
circumstance, is held to be invalid for any reason, the
remainder of this section, the amendments made by this
section, and the application of the provisions and amendments
made by this section to any other person or circumstance
shall not be affected by such holding.
(f) Effective Dates.--
(1) Apprehension and detention of aliens.--The amendments
made by subsection (c) shall take effect on the date of the
enactment of this Act. Section 236 of the Immigration and
Nationality Act, as amended by subsection (c), shall apply to
any alien in detention under the provisions of such section
on or after such date of enactment.
(2) Aliens ordered removed.--The amendments made by
subsection (d) shall take effect on the date of the enactment
of this Act. Section 241 of the Immigration and Nationality
Act, as amended by subsection (d), shall apply to--
(A) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(B) acts and conditions occurring or existing before, on,
or after such date of enactment.
______
SA 3341. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 23, line 19, insert before the period the
following: ``, and $5,000,000 shall be used by the Attorney
General to investigate the release of 36,007 criminal aliens
by the Secretary of Homeland Security pending their removal
and the 68,000 criminal aliens that United States Immigration
and Customs Enforcement encountered, primarily in jails, and
chose not to proceed against for removal in 2013''.
______
SA 3342. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. No funds made available under this Act under the
heading ``community oriented policing services'' may be used
by a government entity in violation of section 642(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373(a)).
______
SA 3343. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) Congress makes the followings findings:
(1) The text of the United States Constitution clearly
confers upon an individual the right to bear arms.
(2) The United Nations Arms Trade Treaty establishes a
separate category of small arms and light weapons to which
all Treaty provisions must apply, which could subject
firearms lawfully owned by law-abiding United States citizens
to international regulation.
[[Page S3879]]
(3) The Treaty urges recordkeeping of weapons transferred
or sold within the United States, which could result in the
creation of a de-facto registry of law-abiding United States
citizens who lawfully own firearms.
(b) None of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2015 or any
fiscal year thereafter for the Department of Justice may be
obligated or expended to implement the Arms Trade Treaty, or
to make any change to existing programs, projects, or
activities as approved by Congress in furtherance of,
pursuant to, or otherwise to implement the Arms Trade Treaty,
unless the Arms Trade Treaty has been signed by the
President, received the advice and consent of the Senate, and
has been the subject of implementing legislation by Congress.
______
SA 3344. Mrs. FISCHER (for herself and Mr. Rubio) submitted an
amendment intended to be proposed by her to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PREVENTING REGULATORY OVERREACH TO ENHANCE CARE
TECHNOLOGY.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds as follows:
(A) The mobile health and mobile application economy was
created in the United States and is now being exported
globally, with the market expected to exceed $26,000,000,000
by 2017.
(B) The United States mobile application economy is
responsible for nearly 500,000 new jobs in the United States.
(C) Consumer health information technologies, including
smart phones and tablets, have the potential to transform
health care delivery through reduced systemic costs, improved
patient safety, and better clinical outcomes.
(D) Clinical and health software innovation cycles evolve
and move faster than the existing regulatory approval
processes.
(E) Consumers and innovators need a new risk-based
framework for the oversight of clinical and health software
that improves on the framework of the Food and Drug
Administration.
(F) A working group convened jointly by the Food and Drug
Administration, the Federal Communications Commission, and
the Office of the National Coordinator for Health Information
Technology identified in a report that there are several
major barriers to the effective regulation of health
information technology that cannot be alleviated without
changes to existing law.
(2) Sense of congress.--It is the sense of Congress that--
(A) the President and Congress must intervene to facilitate
interagency coordination across regulators that focuses
agency efforts on fostering health information technology and
mobile health innovation while better protecting patient
safety, improving health care, and creating jobs in the
United States;
(B) the President and the Congress should work together to
develop and enact legislation that establishes a risk-based
regulatory framework for such clinical software and health
software that reduces regulatory burdens, fosters innovation,
and, most importantly, improves patient safety;
(C) The National Institute of Standards and Technology
should be the Federal agency that has oversight over
technical standards used by clinical software; and
(D) The National Institute of Standards and Technology, in
collaboration with the Federal Communications Commission, the
National Patient Safety Foundation, and the Office of the
National Coordinator for Health Information Technology,
should work on next steps, beyond current oversight efforts,
regarding health information technology, such as
collaborating with nongovernmental entities to develop
certification processes and to promote best practice
standards.
(b) Clinical Software and Health Software.--
(1) Definitions.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the
end the following:
``(ss)(1) The term `clinical software' means clinical
decision support software or other software (including any
associated hardware and process dependencies) intended for
human or animal use that--
``(A) captures, analyzes, changes, or presents patient or
population clinical data or information and may recommend
courses of clinical action, but does not directly change the
structure or any function of the body of man or other
animals; and
``(B) is intended to be marketed for use only by a health
care provider in a health care setting.
``(2) The term `health software' means software (including
any associated hardware and process dependencies) that is not
clinical software and--
``(A) that captures, analyzes, changes, or presents patient
or population clinical data or information;
``(B) that supports administrative or operational aspects
of health care and is not used in the direct delivery of
patient care; or
``(C) whose primary purpose is to act as a platform for a
secondary software, to run or act as a mechanism for
connectivity, or to store data.
``(3) The terms `clinical software' and `health software'
do not include software--
``(A) that is intended to interpret patient-specific device
data and directly diagnose a patient or user without the
intervention of a health care provider;
``(B) that conducts analysis of radiological or imaging
data in order to provide patient-specific diagnostic and
treatment advice to a health care provider;
``(C) whose primary purpose is integral to the function of
a drug or device; or
``(D) that is a component of a device.''.
(2) Prohibition.--Subchapter A of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is
amended by adding at the end the following:
``SEC. 524B. CLINICAL SOFTWARE AND HEALTH SOFTWARE.
``Clinical software and health software shall not be
subject to regulation under this Act.''.
(c) Exclusion From Definition of Device.--Section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))
is amended by adding at the end ``The term `device' does not
include clinical software or health software.''.
______
SA 3345. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
internet governance and domain name system oversight
Sec. ___. None of the amounts made available under this Act
may be used by the National Telecommunications and
Information Administration to plan for or implement any
change to--
(1) the contract between the United States Government and
the Internet Corporation for Assigned Names and Numbers to
carry out the Internet Assigned Numbers Authority functions;
or
(2) the Cooperative Agreement between the United States
Government and VeriSign to perform root zone management
functions.
______
SA 3346. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in title II of division A, insert
the following:
Sec. __. The Department of Justice may not use any funds
to bring suit based on disparate impact against a State or
local school choice program, including a charter school
program, or a school voucher, tax credit, or scholarship
program that involves students who attend a private
elementary school or secondary school.
______
SA 3347. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. IRS SPECIAL PROSECUTOR.
(a) Appropriation for Special Prosecutor.--There are
appropriated to the Attorney General out of any money in the
Treasury not otherwise appropriated, $800,000 for the
appointment of a special prosecutor, who shall be a United
States attorney, to investigate (and prosecute if warranted)
actions by the Internal Revenue Service, its officers and
employees, and other individuals involved in the targeting of
groups that applied for tax exempt status, including the
targeting of groups the names of which include the terms
``Tea Party'' or ``Patriot''. Amounts appropriated under this
subsection may be used to pay salaries and expenses for
employees and consultants, including forensic experts to
obtain electronic evidence, including recovery of allegedly
lost e-mails.
(b) Offset.--Notwithstanding any other provision of this
Act, the amount appropriated for necessary expenses for
information sharing technology, including planning,
development, deployment and departmental direction under the
heading ``justice information sharing technology'' under the
heading ``General Administration'' under the heading
``DEPARTMENT OF JUSTICE'' under title II of division A of
this Act shall be $25,042,000.
______
SA 3348. Ms. CANTWELL (for herself and Mrs. Murray) submitted an
amendment intended to be proposed by her to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other
[[Page S3880]]
purposes; which was ordered to lie on the table; as follows:
At the end of title VII of division C, add the following:
Sec. 7__. Notwithstanding any other provision of this Act,
the amount made available for fiscal year 2015 to carry out
section 4213 of the Agricultural Act of 2014 (42 U.S.C.
1755b) shall be $2,000,000, and the amount made available
under the heading ``Agriculture buildings and facilities
(including transfers of funds)'' of title I shall be
$62,844,000.
______
SA 3349. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3244 submitted by Ms. Mikulski and intended to be
proposed to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
which was ordered to lie on the table; as follows:
On page 298, line 17, after ``Secretary;'', insert the
following: ``not to exceed $3,000,000 may be available for
the cost of loans under the rural energy savings program
authorized by section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a) and, if the Secretary
of Agriculture elects to so use the funds, the Secretary
shall promulgate a proposed rule to implement the program not
later than 90 days after the date of enactment of this
Act;''.
______
SA 3350. Mr. DONNELLY submitted an amendment intended to be proposed
to amendment SA 3244 submitted by Ms. Mikulski and intended to be
proposed to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
which was ordered to lie on the table; as follows:
On page 324, line 17, before the period at the end insert
``: Provided further, That of the amounts made available for
the Natural Resources Conservation Service, the Risk
Management Agency, and the Farm Service Agency, the Secretary
of Agriculture shall use such amounts as are necessary to
continue the Interagency Task Force to Harmonize Policies on
Cover Crops during fiscal year 2015 to maintain reasonable
and effective guidance regarding cover crops and crop
insurance that align with evolving cover crop practices''.
______
SA 3351. Mr. DONNELLY submitted an amendment intended to be proposed
to amendment SA 3244 submitted by Ms. Mikulski and intended to be
proposed to the bill H.R. 4660, making appropriations for the
Departments of Commerce and Justice, Science, and Related Agencies for
the fiscal year ending September 30, 2015, and for other purposes;
which was ordered to lie on the table; as follows:
On page 307, line 20, before the period at the end, insert
``: Provided further, That the Secretary of Agriculture,
acting through the Director of the National Institute of Food
and Agriculture, shall use such sums as are necessary of
funds made available for the National Institute of Food and
Agriculture to coordinate research efforts to collect
information regarding cover crop practices, adoption rates,
and effects on soil health and crop yields, and to provide
effective and widespread dissemination of the results of the
research to agricultural producers through extension and
outreach activities''.
______
SA 3352. Mr. FLAKE (for himself, Mr. Risch, Mr. Moran, Mr. Roberts,
and Mr. McCain) submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. (a) The Senate finds the following:
(1) On May 14, 2013, the Treasury Inspector General for Tax
Administration released the audit report, ``Inappropriate
Criteria Were Used to Identify Tax-Exempt Applications for
Review,'' detailing the inappropriate targeting of social
welfare organizations by the Internal Revenue Service
(referred to in this section as the ``IRS'').
(2) There are on-going Congressional investigations of the
inappropriate targeting by the IRS of social welfare
organizations that necessitate the prompt sharing of all
requested documents.
(3) On June 13, 2014, the IRS disclosed that a computer
failure reportedly resulted in a loss of emails sent or
received by former IRS Exempt Organizations Director Lois
Lerner for the period between January 1, 2009, and April
2011.
(4) On June 16, 2014, it was exposed that the emails of 6
other IRS employees involved in the inappropriate targeting
were also reportedly unrecoverable.
(5) A thorough investigation of the inappropriate targeting
of social welfare organizations by the IRS is essential to
ensure future confidence in the integrity of the United
States tax administration.
(b) It is the sense of the Senate that--
(1) the Commissioner of the IRS and other Administration
officials involved in the investigation of the inappropriate
targeting by the IRS of social welfare organizations should
provide full cooperation to the investigation; and
(2) the on-going bipartisan Senate Finance Committee
investigation should be encouraged to include efforts to
uncover details related to the loss of emails and the
subsequent discovery and reporting of such loss.
______
SA 3353. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 387, after line 23, add the following:
Sec. 7__. None of the funds made available under this
division for the Agricultural Research Service may be used to
continue to carry out extramural research projects, or to
operate research laboratories, that have been identified for
termination by the Secretary of Agriculture.
______
SA 3354. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
Beginning on page 357, strike line 16 and all that follows
through page 359, line 12, and insert the following:
Sec. 702. Notwithstanding any other provision of this
division, the Secretary of Agriculture shall transfer
unobligated balances of discretionary funds appropriated
under this division or any other available unobligated
discretionary balances of the Department of Agriculture to
the general fund of the Treasury for the purpose of debt
reduction.
______
SA 3355. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 156, between lines 19 and 20, insert the following:
Sec. 1__. None of the funds made available by this
division shall be used to administer the National Roadside
Survey of the National Highway Traffic Safety Administration.
______
SA 3356. Mr. COBURN (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
After section 110 of title I of division A, insert the
following:
Sec. 111. No amount appropriated or otherwise made
available by this Act may be used to purchase or pay for any
good or service offered by the National Technical Information
Service that is otherwise available for free or at a lower
cost from a different source.
______
SA 3357. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. 301. (a) None of the funds made available by this Act
may be used to carry out the functions of the Political
Science Program in the Division of Social and Economic
Sciences of the Directorate for Social, Behavioral, and
Economic Sciences of the National Science Foundation, except
for research projects that the Director of the National
Science Foundation certifies as promoting national security
or the economic interests of the United States.
[[Page S3881]]
(b) The Director of the National Science Foundation shall
publish a statement of the reason for each certification made
pursuant to subsection (a) on the public website of the
National Science Foundation.
(c) Any unobligated balances for the Political Science
Program described in subsection (a) may be provided for other
scientific research and studies that do not duplicate those
being funded by other Federal agencies.
______
SA 3358. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds made available for specialty
crop block grants under section 101 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
108-465), the provision of value-added agricultural product
market development grants to producers under section 231(b)
of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1632a(b)), and the market access program established under
section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623) may be used--
(1) to sponsor field days at, or attend, amusement parks or
festivals;
(2) to support pageants or tours by pageant winners;
(3) for the production of television shows;
(4) for animal spa products;
(5) for cat or dog food or other pet food;
(6) for wine tastings, beer festivals or beer award
contests, beer tasting or beer school seminars, and tastings
or seminars for alcohol of any kind (including whiskeys and
distilled spirits); and
(7) for award shows and contests.
______
SA 3359. Mr. PAUL (for himself and Mr. McConnell) submitted an
amendment intended to be proposed by him to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Before applying the provisions for awarding
discretionary grants for capital investments in surface
transportation infrastructure set forth under the heading
``national infrastructure investments'', the Secretary of
Transportation, shall prioritize the distribution of such
funding by ranking the projects for which such grants are
sought, in descending order, based upon the following
criteria:
(1) The extent of the positive impact the project will have
on 1 or more interstate highways.
(2) The project will repair or replace a road or bridge
that--
(A) has been determined to be structurally or functionally
obsolete; and
(B) poses a risk to public safety.
(3) The extent of the positive impact of the project on
interstate commerce, as evidenced by an examination of
economic indicators, including--
(A) the impact of the project on shipping and trucking
commerce;
(B) the project's nexus to other States; and
(C) the availability of alternative routes.
(4) The difference between--
(A) the estimated volume of traffic that will utilize the
road or bridge after the project is completed; and
(B) the volume of traffic that the existing road or bridge
was designed to accommodate.
(5) The national significance of the project, rather than
the regional significance of the project.
(6) The ability of the State or local government to provide
additional funding for the project.
______
SA 3360. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
Beginning on page 317, line 22, strike ``: Provided
further,'' and all that follows through ``on Appropriations''
on page 318, line 3.
______
SA 3361. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 23, line 19, insert ``: Provided, That $38,333,333
of the amount appropriated under this heading may not be
expended until after the Attorney General produces and
disseminates, through appropriate channels in the United
States, El Salvador, Guatemala, and Honduras, a public
service announcement video that features the President of the
United States explaining that current and recent illicit
border crossers, including unaccompanied alien children, are
not covered by, and will not receive consideration of,
deferred action for childhood arrivals, and any legislative
remedy Congress approves to deal with aliens who entered the
United States illegally as children will likely require the
alien to have resided in the United States for an extended
period'' before the period at the end.
______
SA 3362. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 346, line 4, insert before the period at the end
the following: ``Provided further, That of the funds made
available under this heading, $1,000,000 may be used to
provide necessary expenses of the Administrator of the Food
and Nutrition Service to allow a veteran to be considered
disabled for purposes of benefits under the supplemental
nutrition assistance program during any period in which the
veteran has filed a claim for disability compensation with
the Secretary of Veterans Affairs and the claim has not yet
been adjudicated by the Secretary''.
______
SA 3363. Mr. UDALL of Colorado (for himself and Mr. Bennet) submitted
an amendment intended to be proposed by him to the bill H.R. 4660,
making appropriations for the Departments of Commerce and Justice,
Science, and Related Agencies for the fiscal year ending September 30,
2015, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. UNUSED EARMARKS.
(a) Short Title.--This section may be cited as the ``Orphan
Earkmarks Act''.
(b) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term
``Executive agency'' under section 105 of title 5, United
States Code;
(2) the term ``earmark'' means--
(A) a congressionally directed spending item, as defined in
rule XLIV of the Standing Rules of the Senate; and
(B) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives; and
(3) the term ``unused DOT earmark'' means an earmark of
funds provided for the Department of Transportation as to
which more than 90 percent of the dollar amount of the
earmark of funds remains available for obligation at the end
of the 9th fiscal year following the fiscal year during which
the earmark was made available.
(c) Rescissions.--
(1) Federal railroad administration.--
(A) Safety and operations account.--Of the unobligated
balances available in the Federal Railroad Administration's
Safety and Operations Account, $6,000,000 is hereby
rescinded.
(B) Railroad research and development account.--Of the
unobligated balances available in the Federal Railroad
Administration's Railroad Research and Development Account,
$7,765,000 is hereby rescinded.
(2) Rescissions of unused dot earmarks.--Except as provided
in paragraph (3), effective on October 1 of the 10th fiscal
year after funds under an unused DOT earmark are made
available, all unobligated amounts made available under the
unused DOT earmark are rescinded.
(3) Exception.--The Secretary of Transportation may delay
the rescission of amounts made available under an unused DOT
earmark for 1 year if the Secretary determines that an
additional obligation of the earmark is likely to occur
during the 10th fiscal year after funds under the unused DOT
earmark are made available.
(d) Grants Authorized.--
(1) In general.--The Secretary of Transportation is
authorized to award grants, on a competitive basis, to local
governments for the purpose of establishing quiet zones in
accordance with appendix C to part 222 of title 49, Code of
Federal Regulations.
(2) Funding.--Of the funds made available as a result of
the rescissions under subsection (c), $38,765,000 shall be
made available to carry out the grant program authorized
under paragraph (1).
(e) Deficit Reduction.--Other than the amount set aside for
the grant program under subsection (d), all of the amounts
made available as a result of the rescissions under
subsection (c) shall be dedicated for the sole purpose of
deficit reduction.
(f) Agency-wide Identification and Report.--
(1) Agency identification.--Each agency shall identify and
submit to the Director of
[[Page S3882]]
the Office of Management and Budget an annual report
regarding every project of the agency for which--
(A) amounts are made available under an earmark; and
(B) as of the end of a fiscal year, unobligated balances
remain available.
(2) Annual report.--The Director of the Office of
Management and Budget shall submit to Congress and publically
post on the website of the Office of Management and Budget an
annual report that includes--
(A) a listing and accounting for earmarks for which
unobligated balances remain available, summarized by agency,
which shall include, for each earmark--
(i) the amount of funds made available under the original
earmark;
(ii) the amount of the unobligated balances that remain
available;
(iii) the fiscal year through which the funds are made
available, if applicable; and
(iv) recommendations and justifications for whether the
earmark should be rescinded or retained in the next fiscal
year;
(B) the number of rescissions resulting from this section
and the annual savings resulting from this section for the
previous fiscal year; and
(C) a listing and accounting for earmarks provided for the
Department of Transportation scheduled to be rescinded under
subsection (c)(2) at the end of the fiscal year during which
the report is submitted.
______
SA 3364. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 3244 submitted by Ms.
Mikulski and intended to be proposed to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
On page 278, line 17, strike ``$103,981,000'' and insert
``$108,000,000''.
______
SA 3365. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ____. PILOT PROGRAM ON PROVISION OF CERTAIN INFORMATION
TO STATE VETERANS AGENCIES TO FACILITATE THE
TRANSITION OF MEMBERS OF THE ARMED FORCES FROM
MILITARY SERVICE TO CIVILIAN LIFE.
(a) Pilot Program Required.--Commencing not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall carry out a pilot program to
assess the feasibility and advisability of providing the
information described in subsection (b) on members of the
Armed Forces who are separating from the Armed Forces to
State veterans agencies as a means of facilitating the
transition of members of the Armed Forces from military
service to civilian life.
(b) Covered Information.--The information described in this
subsection with respect to a member is as follows:
(1) Department of Defense Form DD 214.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Voluntary Participation.--The participation of a member
in the pilot program shall be at the election of the member.
(d) Form of Provision of Information.--Information shall be
provided to State veterans agencies under the pilot program
in digitized electronic form.
(e) Use of Information.--Information provided to State
veterans agencies under the pilot program may be shared by
such agencies with appropriate county veterans service
offices in such manner and for such purposes as the Secretary
shall specify for purposes of the pilot program.
(f) Report.--Not later than 450 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the pilot program. The report shall include a
description of the pilot program and such recommendations,
including recommendations for continuing or expanding the
pilot program, as the Secretary considers appropriate in
light of the pilot program.
______
SA 3366. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1087. DEPARTMENT OF VETERANS AFFAIRS STUDY ON MATTERS
RELATING TO CLAIMING AND INTERRING UNCLAIMED
REMAINS OF VETERANS.
(a) Study and Report Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall--
(1) complete a study on matters relating to the
identification, claiming, and interring of unclaimed remains
of veterans; and
(2) submit to Congress a report on the findings of the
Secretary with respect to the study required under paragraph
(1).
(b) Matters Studied.--The matters studied under subsection
(a)(1) shall include the following:
(1) Determining the scope of issues relating to unclaimed
remains of veterans, including an estimate of the number of
unclaimed remains of veterans on the day before the date of
the enactment of this Act.
(2) Assessing the effectiveness of the procedures of the
Department of Veterans Affairs for claiming and interring
unclaimed remains of veterans.
(3) Identifying and assessing State and local laws that
affect the ability of the Secretary to identify, claim, and
inter unclaimed remains of veterans.
(4) Developing recommendations for such legislative or
administrative action as the Secretary considers appropriate
______
SA 3367. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1213. CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR
UNITED STATES PARTICIPATION IN JOINT MILITARY
EXERCISES WITH EGYPT.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act may be made used for United States
participation in joint military exercises with Egypt if the
Government of Egypt abrogates, terminates, or withdraws from
the 1979 Egypt-Israel peace treaty signed at Washington,
D.C., on March 26, 1979.
______
SA 3368. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1213. SENSE OF CONGRESS ON SUPPORT TO ISRAEL TO ADDRESS
IRANIAN THREAT.
It is the sense of Congress that the United States should
ensure that Israel, as a critical United States ally, is able
to adequately address an existential Iranian nuclear threat,
and the Secretary of Defense should seek related
opportunities for defense cooperation and partnership on
military capabilities where appropriate.
______
SA 3369. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1087. CORPORAL MICHAEL J. CRESCENZ DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.
(a) Designation.--The medical center of the Department of
Veterans Affairs located at 3900 Woodland Avenue in
Philadelphia, Pennsylvania, shall after the date of the
enactment of this Act be known and designated as the
``Corporal Michael J. Crescenz Department of Veterans Affairs
Medical Center''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
medical center referred to in subsection (a) shall be
considered to be a reference to the Corporal Michael J.
Crescenz Department of Veterans Affairs Medical Center.
______
SA 3370. Mr. HEINRICH (for himself and Mr. Udall of New Mexico)
submitted an amendment intended to be proposed to amendment SA 3244
submitted by Ms. Mikulski and intended to be proposed to the bill H.R.
4660, making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2015, and for other purposes; which was ordered to lie on
the table; as follows:
[[Page S3883]]
On page 111, line 24, insert ``Indian tribe,'' after
``local government,''.
______
SA 3371. Mr. HEINRICH (for himself and Mr. Udall of New Mexico)
submitted an amendment intended to be proposed to amendment SA 3244
submitted by Ms. Mikulski and intended to be proposed to the bill H.R.
4660, making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2015, and for other purposes; which was ordered to lie on
the table; as follows:
On page 114, line 7, before the period insert the
following: ``: Provided further, That of the funds made
available under this heading, not less than 3 percent shall
be for grants awarded to Indian tribes (as that term is
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)) for projects
located on or providing access to Indian lands (as that term
is defined in section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4302))''.
______
SA 3372. Mr. DURBIN (for himself, Mrs. Boxer, Mr. Harkin, Mr. Reed,
Mr. Blumenthal, Mr. Markey, and Mr. Brown) submitted an amendment
intended to be proposed to amendment SA 3244 submitted by Ms. Mikulski
and intended to be proposed to the bill H.R. 4660, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2015, and
for other purposes; which was ordered to lie on the table; as follows:
On page 118, between lines 19 and 20, insert the following:
Sec. 105. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall
issue a final rule pursuant to the notice of proposed
rulemaking relating to the use of electronic cigarettes on
aircraft published in the Federal Register on September 15,
2011 (76 Fed. Reg. 57,008).
______
SA 3373. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 23, line 19, insert ``: Provided, That $38,333,333
of the amount appropriated under this heading may not be
expended until after a public service announcement video is
produced by the Federal Government, is disseminated through
appropriate channels in the United States, El Salvador,
Guatemala, and Honduras, and features the President of the
United States explaining that current and recent illicit
border crossers, including unaccompanied alien children, are
not covered by, and will not receive consideration of,
deferred action for childhood arrivals, and any legislation
Congress may adopt to provide immigration benefits to aliens
who entered the United States illegally as children will
likely require the alien to have resided in the United States
for an extended period'' before the period at the end.
______
SA 3374. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3244 submitted by Ms. Mikulski and intended to be proposed
to the bill H.R. 4660, making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2015, and for other purposes; which was ordered to
lie on the table; as follows:
On page 118, between lines 19 and 20, insert the following:
Sec. ____. (a)(1) Beginning in fiscal year 2015 and for
each subsequent fiscal year, not later than 30 days after the
date on which the Secretary of Transportation (referred to in
this section as the ``Secretary'') selects a project for
funding under the heading ``National Infrastructure
Investments'', the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that describes the reasons for
selecting the project, based on the criteria set forth in the
document entitled ``Notice of Funding Availability for the
Department of Transportation's National Infrastructure
Investments Under the Consolidated and Further Continuing
Appropriations Act, 2013'' and published at 78 Fed. Reg.
24786 (April 26, 2013).
(2) The report submitted under paragraph (1) shall specify
each criteria established by the Secretary under subsection
(a) that the project meets.
(3) The Secretary shall make available on the website of
the Department of Transportation the report submitted under
paragraph (1).
(4) This subsection applies to all projects funded under
the heading ``National Infrastructure Investments'' that the
Secretary selects after January 1, 2014.
(b) Beginning in fiscal year 2015 and for each subsequent
fiscal year, not later than 1 year after the date on which
the Secretary selects projects for funding under the heading
``National Infrastructure Investments'', the Inspector
General of the Department of Transportation shall--
(1) conduct an assessment of the establishment,
solicitation, selection, and justification process with
respect to the funding of projects under the heading
``National Infrastructure Investments''; and
(2) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a final report
that describes the findings of the Inspector General of the
Department of Transportation with respect to the assessment
conducted under paragraph (1).
____________________