S626 CONGRESSIONAL RECORD — SENATE January 15, 2009 

U.S.C. 1786), there is authorized to be appropriated such sums as may be necessary for 

each of fiscal years 2010 through 2014, of 

which— 

(1) there is authorized to be appropriated 

$15,000,000 for fiscal year 2010, and such sums 

as may be necessary for each of fiscal years 

2011 through 2014, for breast-feeding peer 

counselors; and 

(2) there is authorized to be appropriated 

$14,000,000 for fiscal year 2010, and such sums 

as may be necessary for each of fiscal years 

2011 through 2014, for infrastructure needs. 

SEC. 1102. NUTRITIONAL SUPPORT FOR LOW-INCOME PARENTS. 

Section 5(c)(2) of the Food and Nutrition 

Act of 2008 (7 U.S.C. 2014(c)(2)) is amended by 

striking ‘‘30 per centum’’ and inserting ‘‘85 

percent’’. 

SEC. 1103. INCREASED FUNDING FOR THE CHILD 

CARE AND DEVELOPMENT BLOCK 

GRANT PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.— 

Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) 

is amended to read as follows: 

‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated 

to carry out this subchapter $2,350,000,000 for 

fiscal year 2010 and such sums as may be necessary for fiscal years 2011 through 2014.’’. 

(b) CONFORMING AMENDMENT.—Section 

658E(c)(3)(D) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858c(c)(3)(D)) is amended by striking ‘‘1997 

through 2002’’ and inserting ‘‘2010 through 

2014’’. 

SEC. 1104. TEENAGE OR FIRST-TIME MOTHERS; 

FREE HOME VISITS BY REGISTERED 

NURSES FOR EDUCATION ON 

HEALTH NEEDS OF INFANTS. 

(a) IN GENERAL.—The Secretary may make 

grants to local health departments to provide to eligible mothers, without charge, 

education on the health needs of their infants through visits to their homes by registered nurses. 

(b) ELIGIBLE MOTHER.— 

(1) IN GENERAL.—For purposes of subsection 

(a), a woman is an eligible mother if, subject 

to paragraph (2), the woman— 

(A) is the mother of an infant who is not 

more than 24 months of age; and 

(B)(i) the woman was under the age of 20 at 

the time of birth; or 

(ii) the infant referred to in subparagraph 

(A) is the first child of the woman. 

(2) ADDITIONAL REQUIREMENTS FOR CERTAIN

MOTHERS.—In the case of a woman described 

in paragraph (1)(B)(ii) who is 20 years of age 

or older, the woman is an eligible mother for 

purposes of subsection (a) only if the woman 

meets such standards in addition to the applicable standards under paragraph (1) as the 

local health department involved determines 

to be appropriate. 

(c) CERTAIN REQUIREMENTS.—A grant may 

be made under subsection (a) only if the applicant involved agrees as follows: 

(1) The program carried out under such 

subsection by the applicant will be designed 

to instill in eligible mothers confidence in 

their abilities to provide for the health needs 

of their newborns, including through— 

(A) providing information on child development; and 

(B) soliciting questions from the mothers. 

(2) The registered nurses who make home 

visits under subsection (a) will, as needed, 

provide referrals for health and social services to serve the needs of the newborns. 

(3) The period during which the visits will 

be available to an eligible mother will not be 

fewer than six months. 

(d) AUTHORIZED SERVICES.— 

(1) REQUIREMENTS.—A grant may be made 

under subsection (a) only if the applicant involved agrees that the following services will 

be provided by registered nurses in home visits under subsection (a): 

(A) Information on child health and development, including suggestions for child-developmental activities that are enjoyable for 

parents and children. 

(B) Advice on parenting, including information on how to develop a strong parentchild relationship. 

(C) Information on resources about parenting, including identifying books and videos that are available at local libraries. 

(D) Information on upcoming parenting 

workshops in the local region. 

(E) Information on programs that facilitate parent-to-parent support services. 

(F) In the case of an eligible mother who is 

a student, information on resources that 

may assist the mother in completing the 

educational courses involved. 

(2) ADDITIONAL SERVICES.—A grant under 

subsection (a) may be expended to provide 

services during home visits under such subsection in addition to the services specified 

in paragraph (1). 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

For the purpose of carrying out this section, 

there are authorized to be appropriated 

$3,000,000 for fiscal year 2010, and such sums 

as may be necessary for each of fiscal years 

2011 through 2014. 

TITLE XII—COLLECTING AND REPORTING 

ABORTION DATA 

SEC. 1201. GRANTS FOR COLLECTION AND REPORTING OF ABORTION DATA. 

(a) GRANTS.—The Secretary, acting 

through the Director of the Centers for Disease Control and Prevention, may make 

grants to States for collecting and reporting 

abortion surveillance data. 

(b) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—The Secretary may make 

a grant to a State under this section only if 

the State agrees to submit a report in each 

of fiscal years 2011 and 2013 on the State’s 

abortion surveillance data. 

(2) CONTENTS.—Each report submitted by a 

State under this subsection shall, with respect to the preceding 2 fiscal years, include— 

(A) the number and characteristics of 

women obtaining abortions in the State; and 

(B) the characteristics of these abortions, 

including the approximate gestational age of 

the unborn child, the abortion method, and 

any known physical or psychological complications. 

(3) PERSONAL INFORMATION.—A report submitted by a State under this subsection shall 

not contain the name of any woman obtaining or seeking to obtain an abortion, any 

common identifier (such as a social security 

number), or any other identifier (including 

statistical information) that would make it 

possible to identify in any manner or under 

any circumstances an individual who has obtained or seeks to obtain an abortion. 

(c) CONFIDENTIALITY.—The Secretary shall 

maintain the confidentiality of any individually identifiable information reported to 

the Secretary under this section. 

(d) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than the end of 

fiscal year 2013, the Secretary shall submit a 

report to the Congress on the abortion surveillance data reported to the Secretary 

under this section. 

(2) PERSONAL INFORMATION.—A report submitted by the Secretary to the Congress 

under this subsection shall not contain any 

name or other identifier described in subsection (b)(3). 

(e) AUTHORIZATION OF APPROPRIATIONS.—To 

carry out this section, there are authorized 

to be appropriated such sums as may be necessary for each of fiscal years 2010 through 

2014. 

By Mr. HARKIN: 

S. 272. A bill to amend the Commodity Exchange Act to ensure that 

all agreements, contracts, and transactions with respect to commodities 

are carried out on a regulated exchange, and for other purposes; to the 

Committee on Agriculture, Nutrition, 

and Forestry. 

Mr. HARKIN. Mr. President, today, I 

am reintroducing legislation—the Derivatives Trading Integrity Act—which 

calls for establishing stronger standards of openness, transparency and integrity in the trading of financial 

swaps and other over-the-counter derivative contracts as a critical step toward rebuilding and restoring confidence in the financial system. Over 

the years, the Commodity Futures 

Trading Commission and laws enacted 

by Congress have allowed instruments 

that are in form and function futures 

contracts to be privately negotiated 

without the safeguards provided 

through trading on exchanges regulated by the Commodity Futures Trading Commission, CFTC. 

The economic downturn in this country is forcing us to examine all contributing factors to the crisis in our financial markets. By restoring reasonable 

safeguards and regulation of swaps, including credit default swaps, along 

with all other futures contracts, this 

legislation will go a long way to restore confidence in the markets and reestablish soundness and integrity in 

the financial system. My bill will end 

the unregulated ‘‘casino capitalism’’ 

that has engendered great risks in 

swaps trading. And it will bring these 

transactions out into the sunlight 

where they can be monitored and appropriately and responsibly regulated. 

This legislation will establish authority and safeguards to ensure that parties can meet their obligations to manage and reduce danger and risk to the 

entire financial system and economy. 

Virtually all contracts now commonly referred to as swaps fall under 

the definition of futures contracts and 

function basically in the same manner 

as futures contracts. This bill amends 

the Commodity Exchange Act to eliminate the distinctions in the regulatory 

treatment of futures contracts among 

‘‘excluded’’ and ‘‘exempt’’ commodities, and the transactions in them, and 

regulated, exchange-traded commodities and transactions in them. Futures 

contracts for all commodities would be 

treated the same in the law and regulations. 

In addition, the bill eliminates the 

statutory exclusion of swap transactions from regulation, and it ends 

the Commodity Futures Trading Commission’s authority to exempt such 

transactions from the general requirement that a contract for the purchase 

or sale of a commodity for future delivery can only trade on a regulated board 

of trade. In effect, this proposed change 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S627 

in the law means that all futures contracts must trade on a designated contract market or a derivatives transaction execution facility. The requirement for exchange trading would thus 

include over-the-counter trading of financial derivatives just as it does for 

futures contracts in physical commodities such as corn, soybeans and petroleum. 

We have seen large negative consequences from the lack of price transparency and the failure to properly 

measure and collateralize the risk in 

trading over-the-counter derivatives. 

The problems have not been seen in the 

trading of financial futures on regulated futures markets, subject to the 

oversight of the Commodity Futures 

Trading Commission. 

This legislation I am introducing will 

establish the standard that all futures 

contracts trade on regulated exchanges. The regulated exchanges will 

work with the Commodity Futures 

Trading Commission to ensure that 

trading on the exchange is fair and equitable and not subject to abuses. The 

Commodity Futures Trading Commission has the experience and expertise 

to oversee these matters. 

Bringing necessary openness, transparency, soundness, and integrity to 

trading in contracts which are now unregulated over-the-counter swaps and 

related derivatives is a key element in 

restoring trust and confidence in the financial system so that we can rebuild 

our economy on a solid foundation. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 272 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Derivatives 

Trading Integrity Act of 2009’’. 

SEC. 2. REGULATION OF CERTAIN AGREEMENTS, 

CONTRACTS, AND TRANSACTIONS. 

(a) DEFINITIONS.—Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended— 

(1) by striking paragraphs (10), (11), (13), 

(14), and (33); and 

(2) by redesignating— 

(A) paragraph (12) as paragraph (10); 

(B) paragraphs (15) through (32) as paragraphs (11) through (28), respectively; and 

(C) paragraph (34) as paragraph (29). 

(b) EXCLUSIONS.—Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended— 

(1) by striking subsections (d), (e), (g), (h), 

and (i); and 

(2) by redesignating subsection (f) as subsection (d). 

(c) RESTRICTION OF FUTURES TRADING TO

CONTRACT MARKETS OR DERIVATIVES TRANSACTION EXECUTION FACILITIES.—Section 4 of 

the Commodity Exchange Act (7 U.S.C. 6) is 

amended— 

(1) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘Unless exempted by the Commission pursuant to subsection (c), it shall’’ and inserting ‘‘It shall’’; 

(2) by striking subsection (c); and 

(3) by redesignating subsection (d) as subsection (c). 

(d) EXEMPT BOARDS OF TRADE.—Section 5d 

of the Commodity Exchange Act (7 U.S.C. 7a– 

3) is repealed. 

SEC. 3. CONFORMING AMENDMENTS. 

(a) Section 1a of the Commodity Exchange 

Act (7 U.S.C. 1a) (as amended by section 

2(a)(2)) is amended— 

(1) in paragraph (10)(A)(x), by striking 

‘‘(other than an electronic trading facility 

with respect to a significant price discovery 

contract)’’; 

(2) in paragraph (25)— 

(A) in subparagraph (C), by inserting ‘‘and’’ 

after the semicolon at the end; 

(B) in subparagraph (D), by striking ‘‘; 

and’’ and inserting a period; and 

(C) by striking subparagraph (E); and 

(3) in paragraph (27), by striking ‘‘section 

2(c), 2(d), 2(f), or 2(g) of this Act’’ and inserting ‘‘subsection (c) or (d) of section 2’’. 

(b) Section 2(c) of the Commodity Exchange Act (7 U.S.C. 2(c)) is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph 

(A), by striking ‘‘5d,’’; and 

(B) in subparagraph (F), by striking ‘‘in an 

excluded commodity’’; and 

(2) in paragraph (2)(B)(i)(II)— 

(A) in item (cc), by striking ‘‘section 1a(20) 

of this Act’’ each place it appears and inserting ‘‘section 1a(16)’’; and 

(B) in item (dd), by striking ‘‘section 

1a(12)(A)(ii) of this Act’’ and inserting ‘‘section 1a(10)(A)(ii)’’. 

(c) Section 4a of the Commodity Exchange 

Act (7 U.S.C. 6a) is amended— 

(1) in subsection (a)— 

(A) in the first sentence, by striking ‘‘or on 

electronic trading facilities with respect to a 

significant price discovery contract’’; and 

(B) in the second sentence, by striking ‘‘or 

on an electronic trading facility with respect 

to a significant price discovery contract,’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘or electronic trading facility with respect to a significant price discovery contract’’; and 

(B) in paragraph (2), in the matter preceding the proviso, by striking ‘‘or electronic 

trading facility with respect to a significant 

price discovery contract’’; and 

(3) in subsection (e)— 

(A) in the first sentence— 

(i) in the matter preceding the proviso— 

(I) by striking ‘‘or by any electronic trading facility’’; 

(II) by striking ‘‘or on an electronic trading facility’’; and 

(III) by striking ‘‘or electronic trading facility’’; and 

(ii) in the proviso, by striking ‘‘or electronic trading facility’’; and 

(B) in the second sentence, in the matter 

preceding the proviso, by striking ‘‘or electronic trading facility with respect to a significant price discovery contract’’. 

(d) Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is amended by 

striking ‘‘and in any significant price discovery contract traded or executed on an 

electronic trading facility or’’. 

(e) Section 4i of the Commodity Exchange 

Act (7 U.S.C. 6i) is amended— 

(1) in the matter preceding paragraph (1), 

by striking ‘‘or any significant price discovery contract traded or executed on an 

electronic trading facility’’; and 

(2) in the matter following paragraph (2), 

by striking ‘‘or electronic trading facility’’. 

(f) Section 5a of the Commodity Exchange 

Act (7 U.S.C. 7a) is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (D)(ii), by inserting 

‘‘or’’ after the semicolon at the end; 

(B) in subparagraph (E), by striking ‘‘; or’’ 

and inserting a period; and 

(C) by striking subparagraph (F); and 

(2) in subsection (g)— 

(A) in the heading, by striking ‘‘ELECTION

TO TRADE EXCLUDED AND EXEMPT COMMODITIES’’ and inserting ‘‘EXCLUDED SECURITIES’’; 

and 

(B) in paragraph (1)— 

(i) by striking ‘‘excluded or exempt commodities other than’’ and inserting ‘‘commodities other than an agricultural commodity enumerated in section 1a(4) or’’; and 

(ii) by striking ‘‘, 2(d), or 2(g) of this Act, 

or exempt under section 2(h) of this Act’’. 

(g) Section 5b of the Commodity Exchange 

Act (7 U.S.C. 7a–1) is amended— 

(1) in subsection (a)(1), by striking ‘‘section 

2(a)(1)(C)(i), 2(c), 2(d), 2(f), or 2(g) of this Act 

or title IV of the Commodity Futures Modernization Act of 2000, or exempted under 

section 2(h) or 4(c) of this Act’’ and inserting 

‘‘subsection (a)(1)(C)(i), (c), or (d) of section 2 

or title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106–554; 114 

Stat. 2763A457)’’; and 

(2) in subsection (b), by striking ‘‘section 

2(c), 2(d), 2(f), or 2(g) of this Act or title IV 

of the Commodity Futures Modernization 

Act of 2000, or exempted under section 2(h) or 

4(c) of this Act’’ and inserting ‘‘subsection 

(c) or (d) of section 2 or title IV of the Commodity Futures Modernization Act of 2000 

(Public Law 106–554; 114 Stat. 2763A457)’’. 

(h) Section 5c of the Commodity Exchange 

Act (7 U.S.C. 7a–2) is amended— 

(1) in subsection (a)(1), by striking ‘‘and 

section 2(h)(7) with respect to significant 

price discovery contracts,’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘, derivatives transaction execution facility, or electronic trading facility with respect to a significant price discovery contract’’ and inserting ‘‘or derivatives transaction execution 

facility’’; and 

(B) in paragraphs (2) and (3), by striking ‘‘, 

derivatives transaction execution facility, or 

electronic trading facility’’ each place it appears and inserting ‘‘or derivatives transaction execution facility’’; and 

(3) in subsection (d)(1), in the matter preceding subparagraph (A), by striking ‘‘or 

2(h)(7)(C) with respect to a significant price 

discovery contract traded or executed on an 

electronic trading facility,’’. 

(i) Section 5e of the Commodity Exchange 

Act (7 U.S.C. 7b) is amended by striking ‘‘or 

revocation of the right of an electronic trading facility to rely on the exemption set 

forth in section 2(h)(3) with respect to a significant price discovery contract,’’. 

(j) Section 5f(b)(1) of the Commodity Exchange Act (7 U.S.C. 7b–1(b)(1)) is amended in 

the matter preceding subparagraph (A), by 

striking ‘‘section 5f’’ and inserting ‘‘this section’’. 

(k) Section 6(b) of the Commodity Exchange Act (7 U.S.C. 8(b)) is amended— 

(1) in the first sentence— 

(A) by striking ‘‘or to revoke the right of 

an electronic trading facility to rely on the 

exemption set forth in section 2(h)(3) with 

respect to a significant price discovery contract,’’; and 

(B) by striking ‘‘or electronic trading facility’’; and 

(2) in the second sentence, in the matter 

preceding the proviso, by striking ‘‘or electronic trading facility’’. 

(l) Section 12(e) of the Commodity Exchange Act (7 U.S.C. 16(e)) is amended by 

striking paragraph (2) and inserting the following: 

‘‘(2) EFFECT.—This Act supersedes and preempts the application of any State or local 

law that prohibits or regulates gaming or 

the operation of bucket shops (other than 

antifraud provisions of general applicability) 

in the case of an agreement, contract, or 


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S628 CONGRESSIONAL RECORD — SENATE January 15, 2009 

transaction that is excluded from this Act 

under— 

‘‘(A) subsection (c) or (d) of section 2; or 

‘‘(B) title IV of the Commodity Futures 

Modernization Act of 2000 (Public Law 106– 

554; 114 Stat. 2763A457).’’. 

(m) Section 15(b) of the Commodity Exchange Act (7 U.S.C. 19(b)) is amended by 

striking ‘‘4(c) or’’. 

(n) Section 22(b)(1)(A) of the Commodity 

Exchange Act (7 U.S.C. 25(b)(1)(A)) is amended by striking ‘‘by section 2(h)(7) or sections 

5 through 5c’’ and inserting ‘‘under sections 

5 through 5c’’. 

(o) Section 13106(b)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 

note; Public Law 110–246) is amended by 

striking ‘‘section 1a(32)’’ and inserting ‘‘section 1a’’. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 14—TO PROVIDE FUNDING FOR SENATE 

STAFF TRANSITIONS 

Mr. MCCONNELL (for himself and 

Mr. REID) submitted the following resolution; which was considered and 

agreed to: 

S. RES. 14 

Resolved, That (a) for purposes of this section, the term ‘‘eligible staff member’’ 

means an individual— 

(1) whose pay is disbursed by the Secretary 

of the Senate and was an employee as of January 2, 2009; and 

(2) who was an employee of a Senator who 

stood for an additional term for the office of 

Senator but the office is not filled at the 

commencement of that term. 

(b)(1) With respect to an eligible staff 

member who is being treated as a displaced 

staff member under section 6 of Senate Resolution 458 (98th Congress), as amended by 

Senate Resolution 9 (103d Congress), the period referred to in section 6(c)(1) of such resolution shall be 90 days. 

(2)(A) Each eligible staff member may, 

with the approval, direction, and supervision 

of the Secretary of the Senate, perform limited duties such as archiving and transferring case files. 

(B) The Secretary of the Senate may hire 

2 additional eligible staff members to perform the duties described in subparagraph 

(A) subject to subparagraph (C). Such employees shall be treated as displaced staff 

members under section 6 of Senate Resolution 458 (98th Congress), as amended by Senate Resolution 9 (103d Congress), after the 

expiration of the period described in subparagraph (C). Expenses for such employees 

shall be paid from the Contingent Fund of 

the Senate. 

(C) Subparagraph (A) shall apply for the 

period from January 2, 2009 through February 4, 2009 unless the eligible staff member 

becomes otherwise employed. 

(3) A statement in writing by an eligible 

staff member that he or she was not gainfully employed during such period or the portion thereof for which payment is claimed 

under this subsection shall be accepted as 

prima facie evidence that he or she was not 

so employed. 

(c) The Secretary of the Senate shall notify the Committee on Rules and Administration of the name of each eligible staff 

member. 

(d)(1) During the period described in paragraph (2), the official office and State office 

expenses relating to archiving and transferring case files of a Senator who stood for an 

additional term for the office of Senator but 

whose office is not filled at the commencement of that term shall be paid from the account for Miscellaneous Items within the 

contingent fund of the Senate upon vouchers 

approved and obligated by the Secretary of 

the Senate or the Sergeant at Arms and 

Doorkeeper of the Senate, as appropriate. 

(2) The period described in paragraph (1) is 

the period from January 2, 2009 through February 4, 2009. 

(e) Except as provided in subsection 

(b)(2)(B), funds necessary to carry out the 

provisions of this section shall be available 

as set forth in section 1(d) of Senate Resolution 458, agreed to October 4, 1984 (98th Congress). 

(f) This section shall expire 90 days after 

January 3, 2009. 

SEC. 2. (a) For purposes of section 

6(a)(4)(A)(i) of Senate Resolution 458 (98th 

Congress), as amended by Senate Resolution 

9 (103d Congress), the term committee shall 

include subcommittee. 

(b) This section shall take effect on January 2, 2009 and expire 120 days after such 

date. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 23. Mr. BINGAMAN (for himself and 

Ms. MURKOWSKI) proposed an amendment to 

the bill S. 22, to designate certain land as 

components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of 

the Interior and the Department of Agriculture, and for other purposes. 

SA 24. Mr. BINGAMAN (for himself and 

Ms. MURKOWSKI) proposed an amendment to 

the bill S. 22, supra. 

SA 25. Mrs. HUTCHISON (for herself, Mr. 

MARTINEZ, Mr. GRASSLEY, Mr. CORNYN, Mr. 

ALEXANDER, Mr. VOINOVICH, Mr. ENZI, Mr. 

THUNE, Ms. MURKOWSKI, Mr. BURR, and Mr. 

CORKER) proposed an amendment to the bill 

S. 181, to amend title VII of the Civil Rights 

Act of 1964 and the Age Discrimination in 

Employment Act of 1967, and to modify the 

operation of the Americans with Disabilities 

Act of 1990 and the Rehabilitation Act of 

1973, to clarify that a discriminatory compensation decision or other practice that is 

unlawful under such Acts occurs each time 

compensation is paid pursuant to the discriminatory compensation decision or other 

practice, and for other purposes. 

SA 26. Mr. SPECTER submitted an amendment intended to be proposed by him to the 

bill S. 181, supra; which was ordered to lie on 

the table. 

SA 27. Mr. SPECTER submitted an amendment intended to be proposed by him to the 

bill S. 181, supra; which was ordered to lie on 

the table. 

f 

TEXT OF AMENDMENTS 

SA 23. Mr. BINGAMAN (for himself 

and Ms. MURKOWSKI) proposed an 

amendment to the bill S. 22, to designate certain land as components of 

the National Wilderness Preservation 

System, to authorize certain programs 

and activities in the Department of the 

Interior and the Department of Agriculture, and for other purposes; as follows: 

On page 976, strike lines 8 through 25. 

On page 977, line 1, strike ‘‘(6)’’ and insert 

‘‘(5)’’. 

On page 977, line 3, insert ‘‘and’’ after 

‘‘interactions;’’. 

On page 977, line 4, strike ‘‘(7)’’ and insert 

‘‘(6)’’. 

On page 977, line 5, strike ‘‘(6)’’ and insert 

‘‘(5)’’. 

On page 977, line 8, strike ‘‘scales;’’ and insert ‘‘scales.’’. 

On page 977, strike lines 9 through 17. 

On page 1275, strike lines 3 through 6. 

SA 24. Mr. BINGAMAN (for himself 

and Ms. MURKOWSKI) proposed an 

amendment to the bill S. 22, to designate certain land as components of 

the National Wilderness Preservation 

System, to authorize certain programs 

and activities in the Department of the 

Interior and the Department of Agriculture, and for other purposes; as follows: 

Beginning on page 305, strike line 9 and all 

that follows through page 349, line 21. 

On page 526, line 2, strike ‘‘2’’ and insert 

‘‘5’’. 

On page 526, line 7, strike ‘‘5’’ and insert 

‘‘2’’. 

On page 974, line 19, insert ‘‘the Secretary 

of the Army, acting through’’ before ‘‘the 

Chief’’. 

On page 1188, line 19, strike ‘‘or’’ and insert 

‘‘of’’. 

Beginning on page 1271, strike line 3 and 

all that follows through page 1273, line 22, 

and insert the following: 

Section 107(a) 

SA 25. Mrs. HUTCHISON (for herself, 

Mr. MARTINEZ, Mr. GRASSLEY, Mr. 

CORNYN, Mr. ALEXANDER, Mr. 

VOINOVICH, Mr. ENZI, Mr. THUNE, Ms. 

MURKOWSKI, Mr. BURR, and Mr. CORKER) proposed an amendment to the bill 

S. 181, to amend title VII of the Civil 

Rights Act of 1964 and the Age Discrimination in Employment Act of 

1967, and to modify the operation of the 

Americans with Disabilities Act of 1990 

and the Rehabilitation Act of 1973, to 

clarify that a discriminatory compensation decision or other practice 

that is unlawful under such Acts occurs 

each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for 

other purposes; as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Title VII 

Fairness Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Filing limitations periods serve important functions. They ensure that all claims 

are promptly raised and investigated, and, 

when remediation is warranted, that the violations involved are promptly remediated. 

(2) Limitations periods are particularly 

important in employment situations, where 

unresolved grievances have a singularly corrosive and disruptive effect. 

(3) Limitations periods are also particularly important for a statutory process that 

favors the voluntary resolution of claims 

through mediation and conciliation. Promptly raised issues are invariably more susceptible to such forms of voluntary resolution. 

(4) In instances in which that voluntary 

resolution is not possible, a limitations period ensures that claims will be adjudicated 

on the basis of evidence that is available, reliable, and from a date that is proximate in 

time to the adjudication. 

(5) Limitations periods, however, should 

not be construed to foreclose the filing of a 

claim by a reasonable person who exercises 


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