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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