S.Amdt. 369

SA 369. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REQUIREMENTS RELATING TO USE OF CERTAIN FUNDS.

(a) Definition of Unfinished Project.--In this section, the
term ``unfinished project'' means any project carried out by
the Corps of Engineers--
(1) the construction of which has been commenced as of the
date of enactment of this Act; and
(2) that, as of the date of enactment of this Act, is not
completed.
(b) Requirements.--
(1) Unfinished projects.--
(A) In general.--Except as provided in subparagraph (B),
until the date on which each unfinished project is completed,
no amount appropriated or otherwise made available in the
matter under the heading ``construction'' under the heading
``Corps of Engineers--Civil'' under the heading

[[Page S1709]]

``Department of the Army'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' of title IV of division A (including any
amount resulting from the transfer or reprogramming of any
amount described in this subparagraph) shall be available for
obligation or expenditure to establish or initiate any new
program, project, or activity of the Corps of Engineers.
(B) Exceptions.--Subparagraph (A) does not apply to any
program, project, or activity authorized under--
(i) section 2 of the Act of August 28, 1937 (33 U.S.C.
701g);
(ii) section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r);
(iii) section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s);
(iv) section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577);
(v) section 111 of the River and Harbor Act of 1968 (Public
Law 90-483; 82 Stat. 735);
(vi) section 1135 of the Water Resources Development Act of
1986 (100 Stat. 4251);
(vii) section 204 of the Water Resources Development Act of
1992 (33 U.S.C. 2326); and
(viii) section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330).
(2) Continuing contracts.--No amount appropriated or
otherwise made available in the matter under the heading
``construction'' under the heading ``Corps of Engineers--
Civil'' under the heading ``Department of the Army'' under
the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV of
division A (including any amount resulting from the transfer
or reprogramming of any amount described in this paragraph)
may be used to award any continuing contract (or make a
modification to any continuing contract in existence as of
the date of enactment of this Act) that commits to a project
an amount that is greater than the amount appropriated or
otherwise made available for the project under title IV of
division A.
(3) Duty of chief of engineers.--The Chief of Engineers
shall prioritize funding for each activity described in this
section based on the capability of each activity to fully
fund project elements (including contracts for project
elements) by not later than 2 years after the date of
enactment of this Act.
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