[Congressional Record Volume 158, Number 165 (Thursday, December 20, 2012)]
[Senate]
[Pages S8305-S8308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3408. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 5, strike lines 12 through 14.

                                 ______
                                 
  SA 3409. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BUDGET OFFSET AND ELIMINATING THE EMERGENCY 
                   DESIGNATION.

       (a) Offsetting Amounts.--
       (1) In general.--There is rescinded for fiscal year 2013 
     any unobligated balances in an amount equal to 
     $60,407,000,000 of the budget authority provided for fiscal 
     year 2013 of any discretionary account in title II - United 
     States Agency for International Development, title III - 
     Bilateral economic assistance, and title IV - International 
     security assistance as provided by the continuing 
     appropriations resolution of 2013 for the Department of 
     State, Foreign Operations and Related Appropriations Act, 
     2012 (Public Law 112-175).
       (2) Limitation.--Of the accounts and programs included in 
     paragraph (1), the rescissions amounts shall not reduce the 
     combined aggregate budget authority of those accounts and 
     programs below $5,000,000,000 for all of fiscal year 2013.
       (3) Excess recovered.--The amount of rescission of budget 
     authority in paragraphs (1) and (2) that exceeds the level of 
     unobligated balances in that section shall be rescinded, on a 
     pro rata basis, from the budget authority provided for fiscal 
     year 2013 from any remaining discretionary accounts in any 
     fiscal year 2013 appropriations Act (except the accounts and 
     programs included as provided by the continuing 
     appropriations resolution of 2013 for the Military 
     Construction and Veterans Affairs and Related Appropriations 
     Act, 2012).
       (b) Application of Rescissions.--Of the total amount 
     rescinded subject to including subsection (a)(2), the 
     allocation of rescissions from the accounts or programs as 
     specified in subsection (a)(1), shall be determined by the 
     Director of the Office of Management and Budget.
       (c) Regular Not Emergency Spending.--Notwithstanding any 
     other provision of this Act, none of the funding provided by 
     this Act shall be considered to be emergency spending for 
     purposes of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act and the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 3410. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BUDGET OFFSET.

       (a) In General.--
       (1) Finding.--Congress finds that the Congressional Budget 
     Office estimates that--
       (A) this Act, the Disaster Relief Appropriations Act, 2013, 
     will spend only 15 percent of the budget authority provided 
     in this Act in fiscal year 2013; and
       (B) total outlays flowing from this Act will equal 
     $8,974,000,000 for fiscal year 2013.
       (2) Budget authority limit.--The total amount provided to 
     chapters 1, 2, 3, 4, 5, 6, 7,

[[Page S8306]]

     8, 9, and 10 of this Act shall be provided based on the 
     Congressional Budget Office's cost estimate findings, such 
     that--
       (A) total budget authority for the Act shall not exceed 
     $8,974,000,000;
       (B) total budget authority provided for Chapter 1 shall not 
     exceed $81,000,000;
       (C) total budget authority provided for Chapter 2 shall not 
     exceed $192,000,000;
       (D) total budget authority provided for Chapter 3 shall not 
     exceed $42,000,000;
       (E) total budget authority provided for Chapter 4 shall not 
     exceed $673,000,000;
       (F) total budget authority provided for Chapter 5 shall not 
     exceed $437,000,000;
       (G) total budget authority provided for Chapter 6 shall not 
     exceed $6,681,000,000;
       (H) total budget authority provided for Chapter 7 shall not 
     exceed $147,000,000;
       (I) total budget authority provided for Chapter 8 shall not 
     exceed $85,000,000;
       (J) total budget authority provided for Chapter 9 shall not 
     exceed $23,000,000; and
       (K) total budget authority provided for Chapter 10 shall 
     not exceed $613,000,000.
       (3) Application of budget authority reduction.--Of the 
     total amount reduced in this Act as subject to paragraph (2), 
     the allocation of such reductions among the accounts and 
     programs shall be determined by the Director of Office of 
     Management and Budget.
       (b) Offsetting Amounts.--
       (1) In general.--There is rescinded for fiscal year 2013 
     any unobligated balances in an amount equal to $8,974,000,000 
     of the budget authority provided for fiscal year 2013 of any 
     discretionary account in title II - United States Agency for 
     International Development, title III - Bilateral economic 
     assistance, and title IV - International security assistance 
     accounts and programs as provided by the continuing 
     appropriations resolution of 2013 for the Department of 
     State, Foreign Operations and Related Appropriations Act, 
     2012 (Public Law 112-175).
       (2) Limit.--Of the accounts and programs included in 
     paragraph (1), the rescission amounts shall not reduce the 
     combined aggregate budget authority of those accounts and 
     programs below $5,000,000,000 for all of fiscal year 2013.
       (3) Excess recovered.--The amount of rescission of budget 
     authority in paragraphs (1) and (2) that exceeds the level of 
     unobligated balances in those paragraphs shall be rescinded, 
     on a pro rata basis, from the budget authority provided for 
     fiscal year 2013 from any remaining discretionary accounts in 
     any fiscal year 2013 appropriations Act (except the accounts 
     and programs as provided by the continuing appropriations 
     resolution of 2013 for the Military Construction and Veterans 
     Affairs and Related Appropriations Act, 2012).
       (c) Application of Rescissions.--Of the total amount 
     rescinded subject to subsection (b), including paragraph (2) 
     the allocation of such rescissions among the accounts or 
     programs as specified in subsection (b)(1), shall be 
     determined by the Director of the Office of Management and 
     Budget.
       (d) Regular Not Emergency Spending.--Notwithstanding any 
     other provision of this Act, none of the funding provided by 
     this Act shall be considered to be emergency spending for 
     purposes of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act and the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 3411. Mr. COONS (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 66, line 13, after ``1985'' insert ``: Provided 
     further, That the Secretary may carry out projects that will 
     restore or enhance National Wildlife Refuges using amounts 
     made available under this heading in areas for which a major 
     disaster declaration for Hurricane Sandy has been made 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), which 
     projects may be carried out in cooperation with the Secretary 
     of the Army, acting through the Chief of Engineers''.
                                 ______
                                 
  SA 3412. Mr. BINGAMAN (for himself, Mr. Akaka, Mr. Wyden, and Mr. 
Webb) submitted an amendment intended to be proposed by him to the bill 
H.R. 1, making appropriations for the Department of Defense and the 
other departments and agencies of the Government for the fiscal year 
ending September 30, 2011, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. APPROVAL OF THE 2010 U.S.-PALAU AGREEMENT IN 
                   RESPONSE TO SUPER TYPHOON BOPHA.

       (a) In General.--The agreement entitled ``The Agreement 
     Between the Government of the United States of America and 
     the Government of the Republic of Palau Following the Compact 
     of Free Association Section 432 Review'' signed on September 
     3, 2010 (including the appendices to the agreement) (referred 
     to in this section as the ``Agreement'') is approved (other 
     than Article 7 to the extent it extends Article X of the 
     Federal Programs and Services Agreement) and may only enter 
     into force after the Secretary of State, in coordination with 
     the Secretary of the Interior, enters into an implementing 
     arrangement with the Republic of Palau that makes the 
     adjustments to dates and amounts as set forth in Senate 
     Amendment 3331.
       (b) Amendment.--Section 105(f)(1)(B)(ix) of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S. C. 
     1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and 
     inserting ``2024''.
       (c) Funding.--
       (1) In general.--There are appropriated to the Secretary of 
     the Interior such sums as are specified to carry out sections 
     1, 2(a), 4(a), and 5 of the Agreement for each of fiscal 
     years 2014 through 2024.
       (2) Availability.--Amounts appropriated under paragraph (1) 
     shall remain available until expended.
       (3) Emergency designation.--Amounts appropriated under 
     paragraph (1) are designated by Congress as being for an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)).
                                 ______
                                 
  SA 3413. Mr. CARPER (for himself and Mr. Coons) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 17, line 9, after ``funds:'' insert ``Provided 
     further, That for these projects, the Secretary shall work 
     with the Administrator of the National Oceanic and 
     Atmospheric Administration, the Director of the National Park 
     Service, and the Director of the United States Fish and 
     Wildlife Service to encourage the beneficial use of sediment 
     to enhance ecosystem restoration and storm protection, 
     including through modifications of existing regional sediment 
     management plans: Provided further, That for these projects, 
     the Secretary shall incorporate all values accruing to the 
     established business lines of the Corps of Engineers 
     (navigation, flood protection, environmental enhancement) in 
     the benefits calculation:''.
                                 ______
                                 
  SA 3414. Mr. CARPER (for himself and Mr. Coons) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 19, line 22, after ``projects'' insert ``, with 
     such modifications as the Secretary determines to be 
     necessary to meet the goal of providing sustainable reduction 
     to flooding and storm damage risks''.
                                 ______
                                 
  SA 3415. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 51, strike lines 8 through 23 and insert the 
     following:
       ``(1) In general.--If the President declares a major 
     disaster or emergency for an area within the jurisdiction of 
     a State, tribal, or local government, the President may 
     reimburse the State, tribal, or local government for costs 
     relating to--
       ``(A) basic pay and benefits for permanent employees of the 
     State, tribal, or local government conducting emergency 
     protective measures under this section, if--
       ``(i) the work is not typically performed by the employees; 
     and
       ``(ii) the type of work may otherwise be carried out by 
     contract or agreement with private organizations, firms, or 
     individuals; or
       ``(B) overtime and hazardous duty compensation for 
     permanent employees of the State, tribal, or local government 
     conducting emergency protective measures under this section.
       ``(2) Overtime.--The guidelines for reimbursement for costs 
     under paragraph (1) shall ensure that no State, tribal, or 
     local government is denied reimbursement for overtime 
     payments that are required pursuant to the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.).
       ``(3) No effect on mutual aid pacts.--Nothing in this 
     subsection shall effect the ability of the President to 
     reimburse labor force expenses provided pursuant to an 
     authorized mutual aid pact.''.
                                 ______
                                 
  SA 3416. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and

[[Page S8307]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 53, line 10, strike ``and'' and all that follows 
     through line 12 and insert the following:
       (iii) for which the applicant has a non-Federal share; and
       (iv) for which the applicant has received a decision on a 
     first appeal.
                                 ______
                                 
  SA 3417. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, strike line 1 and insert the following:
       (m) Houses of Worship.--For purposes of providing 
     assistance under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to 
     a major disaster declared by the President under section 401 
     of such Act (42 U.S.C. 5170) relating to Hurricane Sandy, the 
     term ``private nonprofit facility'' shall include a house of 
     worship.
       (n) Applicability.--Unless otherwise specified,
                                 ______
                                 
  SA 3418. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, strike line 1 and insert the following:
       (m) Houses of Worship.--Section 102(10)(B) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(10)(B)) is amended by inserting ``houses of 
     worship and'' before ``any private nonprofit facility''.
       (n) Applicability.--Unless otherwise specified,
                                 ______
                                 
  SA 3419. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, line 14, strike ``2012:'' and insert ``2012 and 
     related to a fishery disaster that was requested during 
     calendar year 2012 and declared by the Secretary after the 
     date of the enactment of this Act:''.

                                 ______
                                 
  SA 3420. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       After section 1105, insert the following:

     SEC. 1106. MEDICARE DIRECT PAYMENT TO PHARMACIES FOR CERTAIN 
                   COMPOUNDED DRUGS THAT ARE PREPARED BY THE 
                   PHARMACIES FOR A SPECIFIC BENEFICIARY FOR USE 
                   THROUGH AN IMPLANTED INFUSION PUMP.

       (a) In General.--The first sentence of section 1842(b)(6) 
     of the Social Security Act (42 U.S.C. 1395u(b)(6)) is 
     amended--
       (1) by striking ``and'' before ``(H)''; and
       (2) by inserting before the period at the end the 
     following: ``, and (I) in the case of covered compounded 
     drugs that are prepared by a pharmacy for a specific 
     individual, are dispensed, directly or indirectly, to the 
     individual, are necessary for the effective use of, or 
     therapeutic benefit from, an implanted infusion pump 
     (regardless who refills the pump), and are billed directly by 
     the pharmacy, payment shall be made to the pharmacy''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to drugs dispensed on or after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3421. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed by her to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       Viz: On Page 16, strike lines 17 through 20, and insert in 
     lieu thereof:
       ``Provided further, That these funds may be used to 
     construct any project that is currently under study by the 
     Corps for reducing flooding and storm damage risks along the 
     Atlantic coast within the North Atlantic or the Mississippi 
     Valley Divisions of the U.S. Army Corps of Engineers that 
     suffered direct impacts and significant monetary damages from 
     Hurricanes Isaac or Sandy if the study demonstrates that the 
     project will cost-effectively reduce those risks and is 
     environmentally acceptable and technically feasible: 
     Provided''.
                                 ______
                                 
  SA 3422. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 3421 submitted by 
Mrs. Feinstein (for herself and Mrs. Boxer) and intended to be proposed 
to the bill H.R. 1, making appropriations for the Department of Defense 
and the other departments and agencies of the Government for the fiscal 
year ending September 30, 2011, and for other purposes; which was 
ordered to lie on the table; as follows:

       On Page 1 line 2, strike ``risks'' and all that follows 
     through ``impacts'' on line 4, and insert in lieu thereof:
       risks in areas along the Atlantic coast within the North 
     Atlantic or the Gulf Coast within the Mississippi Valley 
     Divisions of the U.S. Army Corps of Engineers that suffered 
     direct surge inundation impacts
                                 ______
                                 
  SA 3423. Mr. DURBIN (for Ms. Murkowski) proposed an amendment to the 
bill H.R. 443, to provide for the conveyance of certain property from 
the United States to the Maniilaq Association located in Kotzebue, 
Alaska; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CONVEYANCE OF PROPERTY.

       (a) In General.--As soon as practicable after the date of 
     the enactment of this Act, but not later than 180 days after 
     such date, the Secretary of Health and Human Services (in 
     this Act referred to as the ``Secretary'') shall convey to 
     the Maniilaq Association located in Kotzebue, Alaska, all 
     right, title, and interest of the United States in and to the 
     property described in section 2 for use in connection with 
     health and social services programs. The Secretary's 
     conveyance of title by warranty deed under this section 
     shall, on its effective date, supersede and render of no 
     future effect on any Quitclaim Deed to the properties 
     described in section 2 executed by the Secretary and the 
     Maniilaq Association.
       (b) Conditions.--The conveyance required by this section 
     shall be made by warranty deed without consideration and 
     without imposing any obligation, term, or condition on the 
     Maniilaq Association, or reversionary interest of the United 
     States, other than that required by this Act or section 
     512(c)(2)(B) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458aaa-11(c)(2)(B)).

     SEC. 2. PROPERTY DESCRIBED.

       The property, including all land and appurtenances, to be 
     conveyed pursuant to section 1 is as follows:
       (1) Kotzebue hospital and land.--Re-Plat of Friends Mission 
     Reserve, Subdivision No. 2, U.S. Survey 2082, Lot 1, Block 
     12, Kotzebue, Alaska, containing 8.10 acres recorded in the 
     Kotzebue Recording District, Kotzebue, Alaska, on August 18, 
     2009.
       (2) Kotzebue quarters aka kic site.--Re-plat of Friends 
     Mission Reserve, U.S. Survey 2082, Lot 1A, Block 13, 
     Kotzebue, Alaska, containing 5.229 acres recorded in the 
     Kotzebue Recording District, Kotzebue, Alaska, on December 
     23, 1991.
       (3) Kotzebue quarters aka nana site.--Lot 1B, Block 26, 
     Tract A, Townsite of Kotzebue, U.S. Survey No. 2863 A, 
     Kotzebue, Alaska, containing 1.29 acres recorded in the 
     Kotzebue Recording District, Kotzebue, Alaska, on December 
     23, 1991.

     SEC. 3. ENVIRONMENTAL LIABILITY.

       (a) In General.--Notwithstanding any other provision of 
     Federal law, the Maniilaq Association shall not be liable for 
     any soil, surface water, groundwater, or other contamination 
     resulting from the disposal, release, or presence of any 
     environmental contamination, including any oil or petroleum 
     products, or any hazardous substances, hazardous materials, 
     hazardous waste, pollutants, toxic substances, solid waste, 
     or any other environmental contamination or hazard as defined 
     in any Federal or State of Alaska law, on any property 
     described in section 2 on or before the date on which all of 
     the properties described in section 2 were conveyed by 
     quitclaim deed.
       (b) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed as may be reasonably 
     necessary to satisfy any retained obligations and liability 
     of the Secretary.
       (c) Notice of Hazardous Substance Activity and Warranty.--
     The Secretary shall comply with section 120(h)(3)(A) and (B) 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)).
                                 ______
                                 
  SA 3424. Mr. DURBIN (for Mr. Begich) proposed an amendment to the 
bill S. 2388, to reauthorize and amend the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002, and 
for other purposes; as follows:


[[Page S8308]]


       On page 50, line 20, strike ``by section 5'' and insert 
     ``by section 4(a)''.
       On page 55, lines 1 and 2, strike ``, by and with the 
     advice and consent of the Senate''.
       On page 56, strike lines 9 through 19.
       On page 58, line 15, strike ``alone''.
       On page 58, line 19, strike ``alone''.
       On page 59, line 4, strike ``alone''.
       On page 61, line 22, strike ``such Act'' and insert ``the 
     National Oceanic and Atmospheric Administration Commissioned 
     Officer Corps Act of 2002''.
       On page 85, strike lines 1 through 12.

                          ____________________