[Congressional Record Volume 159, Number 37 (Thursday, March 14, 2013)]
[Senate]
[Pages S1863-S1872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 88. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Additional Amount for O&M, Defense-Wide, for 
     Activities in CONUS.--The amount appropriated by title II of 
     this division under the heading ``Operation and Maintenance, 
     Defense-Wide'' is hereby increased by $60,000,000, with the 
     amount to be available for operation and maintenance expenses 
     in connection with programs, projects, and activities in the 
     continental United States.
       (b) Offset.--The amount appropriated by title III of this 
     division under the heading ``Procurement, Defense-Wide'' is 
     hereby decreased by $60,000,000, with the amount of the 
     reduction to be allocated to amounts available under that 
     heading for Advanced Drop in Biofuel Production.
                                 ______
                                 
  SA 89. Mr. ENZI (for himself and Mr. Barrasso) submitted an amendment 
intended to be proposed by him to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal

[[Page S1864]]

year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:
       Sec. 30__.  None of the funds made available by this Act or 
     any other Act may be used to carry out the order of the 
     Secretary of the Interior numbered 3321 and dated May 24, 
     2012 (regarding the establishment of a National Blueways 
     System).
                                 ______
                                 
  SA 90. Mr. COONS (for himself and Mr. Carper) submitted an amendment 
intended to be proposed by him to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74__. (a) Notwithstanding any other provision of this 
     Act, during fiscal year 2013, the Secretary of Agriculture 
     may transfer any amounts appropriated for the Department of 
     Agriculture, made available for that fiscal year, and subject 
     to reduction under a sequestration order under section 251A 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 901a), among accounts of the Department of 
     Agriculture so as to prevent disruption in the inspection 
     services of the Food Safety and Inspection Service.
       (b) Prior to, or as soon as practicable after, transferring 
     amounts under subsection (a), the Secretary of Agriculture 
     shall submit to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives a report that describes the transfers.
                                 ______
                                 
  SA 91. Mr. VITTER (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS 
                   OF CONGRESS.

       (a) In General.--Paragraph (2) of section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 31) is 
     repealed.
       (b) Technical and Conforming Amendments.--Section 601(a)(1) 
     of such Act is amended--
       (1) by striking ``(a)(1)'' and inserting ``(a)'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively, and adjusting the 
     margins accordingly; and
       (3) by striking ``as adjusted by paragraph (2) of this 
     subsection'' and inserting ``adjusted as provided by law''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on February 1, 2015.
                                 ______
                                 
  SA 92. Mr. PORTMAN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V of division B, insert the following:
       Sec. 543. (a) Increase in Amount for NASA for Cross Agency 
     Support.--The amount appropriated by title III of this 
     division under the heading ``National Aeronautics and Space 
     Administration'' under the heading ``Cross agency support'' 
     is hereby increased by $123,000,000.
       (b) Offset.--The amount appropriated by title III of this 
     division under the heading ``National Aeronautics and Space 
     Administration'' under the heading ``Construction and 
     environmental compliance and restoration'' is hereby 
     decreased by $265,710,000, with the amount of the reduction 
     to be allocated to amounts available under that heading for 
     Exploration Construction of Facilities (CoF).
                                 ______
                                 
  SA 93. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 542, strike lines 3 through 21 and insert the 
     following:


reopening the white house for public tours and preserving our national 
                               treasures

       Sec. 1404. Notwithstanding section 1101--
       (1) the amount appropriated for the National Recreation and 
     Preservation account shall be reduced by $8,100,000, which 
     shall be taken from the National Heritage Partnership 
     Program; and
       (2) the amount appropriated under section 1401(e) for 
     ``National Park Service, Operation of the National Park 
     System'' shall be increased by $6,000,000, which shall be 
     used for expenses related to visitor services and maintenance 
     of national parks, monuments, sites, national memorials, and 
     battlefields, including the White House, Grand Canyon 
     National Park, the Washington Monument, Yellowstone National 
     Park, and the Flight 93 National Memorial.
                                 ______
                                 
  SA 94. Mr. BURR (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ABLE ACT OF 2013.

       (a) Short Title.--This section may be cited as the 
     ``Achieving a Better Life Experience Act of 2013'' or the 
     ``ABLE Act of 2013''.
       (b) Purposes.--The purposes of this section are as follows:
       (1) To encourage and assist individuals and families in 
     saving private funds for the purpose of supporting 
     individuals with disabilities to maintain health, 
     independence, and quality of life.
       (2) To provide secure funding for disability-related 
     expenses on behalf of designated beneficiaries with 
     disabilities that will supplement, but not supplant, benefits 
     provided through private insurance, the Medicaid program 
     under title XIX of the Social Security Act, the supplemental 
     security income program under title XVI of such Act, the 
     beneficiary's employment, and other sources.
       (c) ABLE Accounts.--
       (1) Establishment.--
       (A) In general.--Section 529 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsection (f) as 
     subsection (g) and by inserting after subsection (e) the 
     following new subsection:
       ``(f) ABLE Accounts.--
       ``(1) General rules.--For purposes of any other provision 
     of law with respect to a qualified ABLE program and an ABLE 
     account, except as otherwise provided in this subsection--
       ``(A) a qualified ABLE program and an ABLE account shall be 
     treated in the same manner as a qualified tuition program and 
     an account described in subsection (b)(1)(A)(ii), 
     respectively, are treated,
       ``(B) qualified disability expenses with respect to a 
     program or account described in subparagraph (A) shall be 
     treated in the same manner as qualified higher education 
     expenses are treated, and
       ``(C) maximum contributions shall be no higher than the 
     limit established by the State for their regular 529 account.
       ``(2) Qualified able program.--For purposes of this 
     subsection, the term `qualified ABLE program' means a program 
     established and maintained by a State or agency or 
     instrumentality thereof--
       ``(A) under which a person may make contributions to an 
     ABLE account which is established for the purpose of meeting 
     the qualified disability expenses of the designated 
     beneficiary of the account,
       ``(B) which meets the requirements of the preceding 
     subsections of this section (as modified by this subsection), 
     determined by substituting--
       ``(i) `qualified ABLE program' for `qualified tuition 
     program', and
       ``(ii) `ABLE account' for `account', and
       ``(C) which meets the other requirements of this 
     subsection.
       ``(3) Qualified disability expenses.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified disability expenses' 
     means any expenses which are made for the benefit of an 
     individual with a disability who is a designated beneficiary.
       ``(B) Expenses included.--The following expenses shall be 
     qualified disability expenses if such expenses are made for 
     the benefit of an individual with a disability who is a 
     designated beneficiary and are related to such disability:
       ``(i) Education.--Expenses for education, including tuition 
     for preschool thru post-secondary education, which shall 
     include higher education expenses (as defined by subsection 
     (e)(3)) and expenses for books, supplies, and educational 
     materials related to preschool and secondary education, 
     tutors, and special education services.
       ``(ii) Housing.--Expenses for a primary residence, 
     including rent, purchase of a primary residence or an 
     interest in a primary residence, mortgage payments, real 
     property taxes, and utility charges.
       ``(iii) Transportation.--Expenses for transportation, 
     including the use of mass transit, the purchase or 
     modification of vehicles, and moving expenses.
       ``(iv) Employment support.--Expenses related to obtaining 
     and maintaining employment, including job-related training, 
     assistive technology, and personal assistance supports.

[[Page S1865]]

       ``(v) Health, prevention, and wellness.--Expenses for 
     health and wellness, including premiums for health insurance, 
     mental health, medical, vision, and dental expenses, 
     habilitation and rehabilitation services, durable medical 
     equipment, therapy, respite care, long-term services and 
     supports, nutritional management, communication services and 
     devices, adaptive equipment, assistive technology, and 
     personal assistance.
       ``(vi) Miscellaneous expenses.--Financial management and 
     administrative services; legal fees; expenses for oversight; 
     monitoring; home improvements, and modifications, maintenance 
     and repairs, at primary residence; or funeral and burial 
     expenses.
       ``(vii) Assistive technology and personal support 
     services.--Expenses for assistive technology and personal 
     support with respect to any item described in clauses (i) 
     through (vi).
       ``(viii) Other approved expenses.--Any other expenses which 
     are approved by the Secretary under regulations and 
     consistent with the purposes of this section.
       ``(C) Individual with a disability.--
       ``(i) In general.--Except as provided in clause (ii), an 
     individual is an individual with a disability for a year if 
     the individual (regardless of age)--

       ``(I) has a medically determinable physical or mental 
     impairment, which results in marked and severe functional 
     limitations, and which can be expected to result in death or 
     which has lasted or can be expected to last for a continuous 
     period of not less than 12 months, or
       ``(II) is blind.

       ``(ii) Disability certification required.--An individual 
     shall not be treated as an individual with a disability for a 
     year unless the individual--

       ``(I) is receiving (or, for purposes of title XIX of the 
     Social Security Act, is deemed to be, or treated as, 
     receiving by the State Medicaid Agency) benefits under the 
     supplemental security income program under title XVI of such 
     Act, or whose benefits under such program are suspended other 
     than by reason of misconduct,
       ``(II) is receiving disability benefits under title II of 
     such Act, or
       ``(III) files a disability certification with the Secretary 
     for such year.

       ``(iii) Disability certification defined.--The term 
     `disability certification' means, with respect to an 
     individual, a certification to the satisfaction of the 
     Secretary by the designated beneficiary or the parent or 
     guardian of the designated beneficiary that--

       ``(I) the individual meets the criteria described in clause 
     (i), and
       ``(II) includes a copy of the designated beneficiary's 
     diagnosis, signed by a physician meeting the criteria of 
     section 1861(r)(1) of the Social Security Act.

       ``(iv) Restriction on use of certification.--No inference 
     may be drawn from a disability certification for purposes of 
     establishing eligibility for benefits under title II, XVI, or 
     XIX of the Social Security Act.
       ``(4) Rollovers from able accounts.--Subsection (c)(3)(A) 
     shall not apply to any amount paid or distributed from an 
     ABLE account to the extent that the amount received is paid, 
     not later than the 60th day after the date of such payment or 
     distribution, into--
       ``(A) another ABLE account for the benefit of--
       ``(i) the same beneficiary, or
       ``(ii) an individual with a disability who is a family 
     member of the beneficiary,
       ``(B) any trust which is described in subparagraph (A) or 
     (C) of section 1917(d)(4) of the Social Security Act and 
     which is for the benefit of an individual described in clause 
     (i) or (ii) of subparagraph (A), or
       ``(C) a qualified tuition program--
       ``(i) for the benefit of the designated beneficiary, or
       ``(ii) to the credit of another designated beneficiary 
     under a qualified tuition program who is a member of the 
     family of the designated beneficiary with respect to which 
     the distribution was made.
     The preceding sentence shall not apply to any payment or 
     distribution if it applied to any prior payment or 
     distribution during the 12-month period ending on the date of 
     the payment or distribution.
       ``(5) Transfer to state.--Subject to any outstanding 
     payments due for qualified disability expenses, in the case 
     that the designated beneficiary dies or ceases to be an 
     individual with a disability, all amounts remaining in the 
     qualified ABLE account not in excess of the amount equal to 
     the total medical assistance paid for the designated 
     beneficiary after the establishment of the account, net of 
     any premiums paid from the account or paid by or on behalf of 
     the beneficiary to a Medicaid Buy-In program, under any State 
     Medicaid plan established under title XIX of the Social 
     Security Act shall be distributed to such State upon filing 
     of a claim for payment by such State. For purposes of this 
     paragraph, the State shall be a creditor of an ABLE account 
     and not a beneficiary. Subsection (c)(3) shall not apply to a 
     distribution under the preceding sentence.
       ``(6) Regulations.--Not later than 6 months after the date 
     of the enactment of this subsection, the Secretary may 
     prescribe such regulations or other guidance as the Secretary 
     determines necessary or appropriate to carry out the purposes 
     of this subsection, including regulations to prevent fraud 
     and abuse with respect to amounts claimed as qualified 
     disability expenses.''.
       (B) Conforming amendment.--Paragraph (2) of section 6693(a) 
     of the Internal Revenue Code of 1986 such Code is amended by 
     striking ``and'' at the end of subparagraph (D), by striking 
     the period at the end of subparagraph (E) and inserting 
     ``and'', and by inserting after subparagraph (E) the 
     following new subparagraph:
       ``(F) section 529(d) by reason of 529(f) (relating to ABLE 
     accounts).''.
       (2) Annual reports.--
       (A) In general.--The Secretary of the Treasury shall report 
     annually to Congress on the usage of ABLE accounts under 
     section 529(f) of the Internal Revenue Code of 1986.
       (B) Contents of report.--Any report under subparagraph (A) 
     may include--
       (i) the number of people with an ABLE account,
       (ii) the total amount of contributions to such accounts,
       (iii) the total amount and nature of distributions from 
     such accounts,
       (iv) issues relating to the abuse of such accounts, if any, 
     and
       (v) the amounts repaid from such accounts to State Medicaid 
     programs established under title XIX of the Social Security 
     Act.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (d) Treatment of ABLE Accounts Under Certain Federal 
     Programs.--
       (1) Account funds disregarded for purposes of certain other 
     means-tested federal programs.--Notwithstanding any other 
     provision of Federal law that requires consideration of 1 or 
     more financial circumstances of an individual, for the 
     purpose of determining eligibility to receive, or the amount 
     of, any assistance or benefit authorized by such provision to 
     be provided to or for the benefit of such individual, any 
     amount (including earnings thereon) in any ABLE account (as 
     defined in section 529(f) of the Internal Revenue Code of 
     1986) of such individual, and any distribution for qualified 
     disability expenses (as defined in paragraph (3) of such 
     section) shall be disregarded for such purpose with respect 
     to any period during which such individual maintains, makes 
     contributions to, or receives distributions from such ABLE 
     account, except that, in the case of the supplemental 
     security income program under title XVI of the Social 
     Security Act, a distribution for housing expenses (as defined 
     in subparagraph (B)(ii) of such paragraph) shall not be so 
     disregarded, and in the case of such program, only the 1st 
     $100,000 of the amount (including such earnings) in such ABLE 
     account shall be so disregarded.
       (2) Suspension of ssi benefits during periods of excessive 
     account funds.--
       (A) In general.--The benefits of an individual under the 
     supplemental security income program under title XVI of the 
     Social Security Act shall not be terminated, but shall be 
     suspended, by reason of excess resources of the individual 
     attributable to an amount in the ABLE account (as defined in 
     section 529(f) of the Internal Revenue Code of 1986) of the 
     individual not disregarded under paragraph (1) of this 
     subsection.
       (B) No impact on medicaid eligibility.--An individual who 
     would be receiving payment of such supplemental security 
     income benefits but for the application of subparagraph (A) 
     shall be treated for purposes of title XIX of the Social 
     Security Act as if the individual continued to be receiving 
     payment of such benefits.
                                 ______
                                 
  SA 95. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division F, add the following:
       Sec. 12__. (a) Section 1001(17)(A) of the Water Resources 
     Development Act of 2007 (121 Stat. 1052) is amended--
       (1) by striking ``$125,270,000'' and inserting 
     ``$152,510,000'';
       (2) by striking ``$75,140,000'' and inserting 
     ``$92,007,000''; and
       (3) by striking ``$50,130,000'' and inserting 
     ``$60,503,000''.
       (b) The amendments made by subsection (a) take effect on 
     November 8, 2007.
                                 ______
                                 
  SA 96. Mr. BROWN (for himself, Mr. Johanns, Mr. Grassley, Mr. Johnson 
of South Dakota, Mrs. Gillibrand, Mr. Tester, and Mr. Boozman) 
submitted an amendment intended to be proposed to amendment SA 26 
proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill H.R. 
933, making appropriations for the Department of Defense, the 
Department of Veterans Affairs, and other departments and agencies for 
the fiscal year ending September 30, 2013, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 24, line 14, strike ``$1,500,000,000'' and insert 
     ``$2,000,000,000''.
                                 ______
                                 
  SA 97. Mr. UDALL of New Mexico (for himself, Mr. Udall of Colorado, 
and Ms. Landrieu) submitted an amendment intended to be proposed to

[[Page S1866]]

amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division F, add the following:
       Sec. 12__. (a) Section 999A(b) of the Energy Policy Act of 
     2005 (42 US.C. 16371(b)) is amended--
       (1) in paragraph (1), by inserting ``, and for research and 
     development, including on technologies and processes to 
     improve safety and well integrity and reduce environmental 
     impacts'' after ``feet'';
       (2) in paragraph (2), by inserting ``, and for research and 
     development, including on technologies and processes to 
     improve safety, improve well integrity, improve water 
     management, improve understanding of fluid flow and storage, 
     and reduce the surface footprint'' after ``technology''; and
       (3) in paragraph (3), by inserting ``, and for research and 
     development, including on technology and processes for 
     reducing the environmental impacts and improving well 
     integrity'' after ``producers''.
       (b) Section 999B of the Energy Policy Act of 2005 (42 
     U.S.C. 16372) is amended--
       (1) in subsection (a), by striking ``, to maximize'' and 
     all that follows through the period at the end and inserting 
     ``to ensure the safe and environmentally responsible 
     production of natural gas and other petroleum resources of 
     the United States.''; and
       (2) by adding at the end the following:
       ``(k) Study; Report.--
       ``(1) Study.--As soon as practicable after the date of 
     enactment of this subsection, the Secretary shall enter into 
     an arrangement with the National Academy of Sciences under 
     which the Academy shall conduct a study to determine--
       ``(A) whether the benefits provided through each award 
     under this subsection during calendar year 2013 have been 
     maximized; and
       ``(B) any new areas of research that, if carried out, would 
     meet the overall objectives of the program.
       ``(2) Report.--Not later than January 1, 2014, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report that contains a description of the results 
     of the study conducted under paragraph (1).
       ``(3) Optional updates.--The Secretary may update the 
     report described in paragraph (2) for the 5-year period 
     beginning on the date that is described in that subparagraph 
     and each 5-year period thereafter.''.
       (c) Section 999F of the Energy Policy Act of 2005 (42 
     U.S.C. 16376) is amended by striking ``2014'' and inserting 
     ``2017''.
       (d) Section 999H(d) of the Energy Policy Act of 2005 (42 
     U.S.C. 16378(d)) is amended--
       (1) in paragraph (1), by striking ``35'' and inserting 
     ``31.25'';
       (2) in paragraph (2), by striking ``32.5'' and inserting 
     ``28.75''; and
       (3) in paragraph (3), by striking ``7.5'' and inserting 
     ``15''.
                                 ______
                                 
  SA 98. Ms. MIKULSKI (for herself and Mr. Shelby) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 378, line 3, strike ``a grant for''.
       On page 585, line 11, strike ``through C'' and insert 
     ``through F''.
       On page 586, line 16, strike ``division C'' and insert 
     ``division F''.
                                 ______
                                 
  SA 99. Mr. ROCKEFELLER submitted an amendment intended to be proposed 
by him to the bill H.R. 933, making appropriations for the Department 
of Defense, the Department of Veterans Affairs, and other departments 
and agencies for the fiscal year ending September 30, 2013, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TECHNICAL AMENDMENTS TO THE COMMISSION ON LONG-TERM 
                   CARE.

       (a) In General.--Section 643 of the American Taxpayer 
     Relief Act of 2012 (Public Law 112-240) is amended--
       (1) in subsection (a), by inserting ``within the 
     Legislative Branch'' after ``is established'';
       (2) in subsection (c)--
       (A) in paragraph (2)(A)(vii), by inserting ``and 
     employees'' after ``employers'';
       (B) in paragraph (3), by adding after the period at the end 
     the following: ``The chairman and vice chairman, who shall be 
     elected from the individuals appointed by members of Congress 
     (as described in subparagraphs (B) through (E) of paragraph 
     (1)), shall not both be individuals who were appointed by 
     members of Congress from the same political party.''; and
       (C) in paragraph (7)(A), by striking ``and vice chairman'' 
     and inserting ``, with timely notice to the vice chairman'';
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``jointly''; and
       (B) in paragraph (2)--
       (i) by striking ``and staff of the Commission'' and 
     inserting ``, and, except as provided in subsection (e)(4), 
     any employee or staff of the Commission (including any 
     individual described in subsection (e)(9)),''; and
       (ii) by adding after the period at the end the following: 
     ``Members of the Commission who serve in an office or agency 
     of the Executive Branch shall abide by the ethics rules 
     applicable to such office or agency.'';
       (4) in subsection (e)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Hearings and other activities.--
       ``(A) In general.--For the purpose of carrying out its 
     duties, the Commission may hold such hearings, sit and act at 
     such times and places, take testimony of witnesses (and may 
     reimburse witnesses for their attendance), receive evidence, 
     travel, and undertake such other activities as the Commission 
     determines to be necessary to carry out its duties.
       ``(B) Announcement.--The chairman of the Commission, with 
     timely notice to the vice chairman, shall make a public 
     announcement of the date, place, time, and subject matter of 
     any public hearing to be conducted, not less than 7 days in 
     advance of such hearing, unless the chairman determines that 
     there is good cause to begin such hearing at an earlier 
     date.'';
       (B) in paragraph (2), in the heading, by striking ``General 
     accounting office'' and inserting ``Government accountability 
     office'';
       (C) in paragraph (4)--
       (i) by inserting ``and subject to approval by the Committee 
     on Rules and Administration of the Senate'' after ``request 
     of the Commission''; and
       (ii) by adding after the period at the end the following: 
     ``Any Federal employee detailed to the Commission shall abide 
     by the ethics rules applicable to their employing agency and 
     act in accordance with the rules governing detailees in the 
     United States Senate.'';
       (D) by striking paragraph (6) and inserting the following:
       ``(6) Use of mails; denial of use of frank.--The 
     Commission--
       ``(A) may use the United States mails in the same manner 
     and under the same conditions as Federal agencies; and
       ``(B) for purposes of franking, shall not be considered to 
     be a commission of Congress as described in section 3215 of 
     title 39, United States Code.''; and
       (E) by adding at the end the following new paragraphs:
       ``(9) Experts and consultants.--The Commission may, subject 
     to approval by the Committee on Rules and Administration of 
     the Senate, procure temporary and intermittent services under 
     section 3109(b) of title 5, United States Code.
       ``(10) Inapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       ``(11) Funding.--Funding for the Commission shall be 
     derived in equal portions from--
       ``(A) the applicable accounts from the House of 
     Representatives; and
       ``(B) the contingent fund of the Senate from the 
     appropriations account `Miscellaneous Items', or such other 
     accounts as deemed appropriate, subject to the rules and 
     regulations of the Senate.'';
       (5) in subsection (f)--
       (A) in paragraph (1)(A), by striking ``6 months after the 
     appointment of the members'' and inserting ``24 months after 
     the appointment of all of the members''; and
       (B) in paragraph (2)(A), by striking ``on Congress'' and 
     inserting ``of Congress''; and
       (6) in subsection (g)--
       (A) by striking ``30 days'' and inserting ``60 days''; and
       (B) by adding after the period at the end the following: 
     ``Prior to the date of termination of the Commission, all 
     records and papers of the Commission shall be delivered to 
     the Archivist of the United States for deposit in the 
     National Archives.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 643 of the 
     American Taxpayer Relief Act of 2012.
                                 ______
                                 
  SA 100. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 933, making appropriations for the Department 
of Defense, the Department of Veterans Affairs, and other departments 
and agencies for the fiscal year ending September 30, 2013, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74__.  None of the funds made available by this Act 
     may be used to pay the salaries and expenses of personnel--
       (1) to inspect horses under section 3 of the Federal Meat 
     Inspection Act (21 U.S.C. 603);
       (2) to inspect horses under section 903 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
     note; Public Law 104-127); or
       (3) to implement or enforce section 352.19 of title 9, Code 
     of Federal Regulations (or successor regulation).

[[Page S1867]]

                                 ______
                                 
  SA 101. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Additional Amount for O&M for Activities in 
     CONUS.--The aggregate amount appropriated by title II of this 
     division for operation and maintenance is hereby increased by 
     $60,000,000, with the amount to be available, as determined 
     by the Secretary of Defense, for operation and maintenance 
     expenses of the Department of Defense in connection with 
     programs, projects, and activities in the continental United 
     States.
       (b) Offset.--The amount appropriated by title III of this 
     division under the heading ``Procurement, Defense-Wide'' is 
     hereby decreased by $60,000,000, with the amount of the 
     reduction to be allocated to amounts available under that 
     heading for Advanced Drop in Biofuel Production.
                                 ______
                                 
  SA 102. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, 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 appropriated or otherwise made 
     available by this Act may be obligated or expended to carry 
     out Executive Order No. 13547, relating to Stewardship of the 
     Ocean, Our Coasts, and the Great Lakes.
                                 ______
                                 
  SA 103. Mr. WHITEHOUSE (for himself, Mr. Cowan, Mr. Cardin, Mr. 
Schatz, and Mr. Franken) submitted an amendment intended to be proposed 
by him to the bill H.R. 933, making appropriations for the Department 
of Defense, the Department of Veterans Affairs, and other departments 
and agencies for the fiscal year ending September 30, 2013, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ______. SENSE OF THE SENATE RELATING TO LIMITING FEDERAL 
                   FISCAL EXPOSURE RESULTING FROM CLIMATE CHANGE.

       (a) Findings.--The Senate finds that--
       (1) the Government Accountability Office has reported that 
     the fiscal exposure of the Federal Government to climate 
     change poses a high risk to many Federal functions, including 
     as--
       (A) the owner or operator of extensive defense facilities;
       (B) the owner or operator of Federal property, including 
     650,000,000 acres of Federal land, hundreds of thousands of 
     buildings, and infrastructure property, such as highways, 
     bridges, irrigations systems, and power development and 
     distribution infrastructure;
       (C) the administrator of the National Flood Insurance 
     Program;
       (D) the administrator of the Federal Crop Insurance 
     Corporation;
       (E) the provider of aid in response to disasters through 
     the Federal Emergency Management Agency and supplemental 
     Federal disaster aid appropriations; and
       (F) the provider of technical assistance and information 
     for adaptation and preparedness to State and local 
     governments that plan and implement adaptation;
       (2) the Comptroller General of the United States has 
     testified before Congress that it is the opinion of the 
     Government Accountability Office that the Federal Government 
     should take immediate action to mitigate the risk posed by 
     climate change; and
       (3) the Government Accountability Office has concluded that 
     ``[t]he Federal government needs a strategic approach with 
     strong leadership and the authority to manage climate change 
     risks that encompasses the entire range of related Federal 
     activities and addresses all key elements of strategic 
     planning''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Federal agencies should take all actions possible under 
     existing law--
       (1) to limit Federal fiscal exposure to climate change;
       (2) to maximize investments;
       (3) to achieve efficiencies; and
       (4) to better position the Federal Government for success 
     in addressing the issues raised in the report of the 
     Government Accountability Office entitled ``Limiting the 
     Federal Government's Fiscal Exposure by Better Managing 
     Climate Change Risks''.
                                 ______
                                 
  SA 104. Mr. MANCHIN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division C, add the following:
       Sec. 8131. (a) The purpose of this section is to implement 
     common sense limits on defense contractor salaries, reduce 
     spending, and better safeguard valuable taxpayer dollars.
       (b) Section 2324(e)(1)(P) of title 10, United States Code, 
     is amended--
       (1) by striking ``the benchmark'' and all that follows 
     through ``section 1127 of title 41'' and inserting ``the 
     annual amount payable under the aggregate limitation on pay 
     as established by the Office of Management and Budget 
     (currently $230,700)'';
       (2) by striking ``and engineers'' and inserting ``, 
     engineers, and cyber security experts''; and
       (3) by inserting before the period at the end the 
     following: ``, including for purposes of supporting personnel 
     in hostile fire zones''.
       (c) The amendments made by subsection (b) shall take effect 
     on the date of the enactment of this Act, and shall apply 
     with respect to costs of compensation incurred on or after 
     that date under contracts entered into before, on, or after 
     that date.
                                 ______
                                 
  SA 105. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division C, add the following:
       Sec. 8131. (a) Requirement To Continue Tuition Assistance 
     Programs.--Subject to the provisions of this section, the 
     Secretary of Defense and the Secretaries of the military 
     departments shall, using funds appropriated or otherwise made 
     available by this division, continue to provide tuition 
     assistance during fiscal year 2013 under the provisions of 
     sections 1784a and 2007 of title 10, United States Code, in 
     accordance with the provisions of such sections.
       (b) Amount Available.--The amount available under this 
     division for tuition assistance pursuant to this section is--
       (1) the aggregate amount used by the Department of Defense 
     in fiscal year 2012 for tuition assistance under the 
     provisions of law referred to in subsection (a), minus
       (2) an amount equal to 6.5 percent of the amount specified 
     in paragraph (1).
       (c) Priority for Assistance for Certain Members.--In 
     providing tuition assistance pursuant to this section, the 
     Secretaries of the military departments shall afford a 
     priority to the following:
       (1) Members of the Armed Forces in pay grade E-5 or below.
       (2) Wounded warriors.
       (d) Discretionary Authority To Continue Assistance for 
     Priority Members After Exceeding Funding Limitation.--
       (1) In general.--In the event amounts cease to be available 
     to the Secretary of a military department for tuition 
     assistance in fiscal year 2013 by reason of equaling the 
     amount available to the Secretary for that purpose under 
     subsection (b), the Secretary may continue to provide tuition 
     assistance pursuant to this section to members of the Armed 
     Forces described in subsection (c) using amounts transferred 
     pursuant to paragraph (2).
       (2) Transfer authority.--The Secretary of a military 
     department may transfer amounts appropriated or otherwise 
     made available to the military department by this division to 
     accounts of the military department providing funds for 
     tuition assistance for members of the Armed Forces for 
     purposes of providing tuition assistance pursuant to 
     paragraph (1). The transfer authority in this paragraph is in 
     addition to any other transfer authority by law.
       (e) Wounded Warrior Defined.--In this section, the term 
     ``wounded warrior'' means a member of the Armed Forces with a 
     serious injury or illness (as that term is defined in section 
     1601(8) of the Wounded Warrior Act (10 U.S.C. 1071 note)).
       (f) Effective Date.--This section shall take effect on the 
     date that is three days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 106. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 533, line 4, insert `` `Department of Energy, 
     Fossil Energy Research and Development', $660,000,000'' after 
     ``follows:''.
       On page 563, line 22, strike ``$129,400,000'' and insert 
     ``$0''.
                                 ______
                                 
  SA 107. Mr. FRANKEN (for himself, Mr. Udall of New Mexico, Mr. 
Johnson of South Dakota, Ms. Klobuchar, and Ms. Heitkamp) submitted an 
amendment intended to be proposed to

[[Page S1868]]

amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 540, strike lines 13 and 14, and insert the 
     following:
       (g) $123,000,000 for ``Bureau of Indian Affairs, 
     Construction'', of which $17,000,000 shall be made available 
     for replacement school construction that replaces the 
     entirety or majority of a school campus or replacement 
     facility construction that replaces individual buildings that 
     are beyond cost-effective repair measures:  Provided, That 
     $17,000,000 of any unobligated funds made available to the 
     Secretary of the Interior to pay for administrative expenses 
     (except funds that are made available from emergency 
     accounts) are rescinded;
                                 ______
                                 
  SA 108. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title IX of division C, insert the following:
       (b) Limitation.--No funds appropriated or otherwise made 
     available by title IX of this division under the heading 
     ``Afghanistan Infrastructure Fund'' may be obligated or 
     expended until the Secretary of Defense submits to the 
     appropriate committees of Congress a report setting forth the 
     certifications as follows:
       (1) That transfers to the Government of Afghanistan of 
     Afghan nationals detained by United States Armed Forces in 
     Afghanistan territory do not present a significant threat to 
     United States or coalition forces based upon the likelihood 
     that the detainee to be transferred will engage in continuing 
     hostile acts against the United States or its coalition 
     allies.
       (2) That the Government of Afghanistan is in compliance 
     with international humanitarian law, including Additional 
     Protocol II of 1977 to the Geneva Convention of 1949, with 
     respect to preventing detainee abuse.
       (3) That the Government of Afghanistan has implemented an 
     administrative detention regime under its domestic law as an 
     alternative to criminal prosecution, which regime is--
       (A) consistent with international humanitarian law, 
     including the Additional Protocol II of 1977 to the Geneva 
     Convention of 1949, Afghanistan domestic law, and all of the 
     international obligations of Afghanistan;
       (B) in compliance with the international obligations of 
     Afghanistan with respect to humane treatment and applicable 
     due process; and
       (C) based on sustainable arrangements, including housing.
       (4) That there exists a continuing capability of both the 
     United States and Afghanistan to gather intelligence from 
     detainees transferred to the Government of Afghanistan for 
     the mutual benefit of both nations.
       (5) That, as part of the intelligence gathering described 
     in paragraph (4), the United States is granted regular, 
     direct access to detainees held by the Government of 
     Afghanistan for the purpose of interrogation or any other 
     lawful purpose.
       (6) That the Government of Afghanistan is consulting, and 
     will continue to consult, the United States before the 
     release, including release prior to indictment, of any 
     detainee transferred to the Government of Afghanistan, and, 
     if the United States provides its assessment that continued 
     detention is necessary to prevent such a detainee from 
     engaging in or facilitating terrorist activity, the 
     Government of Afghanistan will consider favorably such 
     assessment.
       (7) That additional processes will be in place in any case 
     where the United States considers a detainee held by 
     Afghanistan an enduring security threat (or its equivalent) 
     to ensure that the detainee will not present a security 
     threat once released.
       (c) Contingent Requirement for Explanatory Report.--If the 
     report described by subsection (b) has not been submitted to 
     Congress by 45 days after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the appropriate 
     committees of Congress on such date a report setting forth an 
     explanation why the report described by subsection (b) has 
     not been so submitted.
       (d) Comptroller General Report.--Not later than 45 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report setting forth an assessment 
     by the Comptroller General of the the ability of the 
     Government of Afghanistan to sustain costs associated with 
     securing detainees in Afghanistan.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 109. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE __--SEQUESTER REPLACEMENT

     SEC. __01. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) sequestration is not the most efficient, effective, or 
     responsible mechanism to address the debt problems facing the 
     United States;
       (2) providing flexibility to the Office of Management and 
     Budget is an improvement over harmful across-the-board 
     sequestration of security, nonsecurity, and direct spending;
       (3) the only meaningful way to permanently address the debt 
     problem of the United States is to implement a comprehensive 
     plan for significant deficit reduction; and
       (4) Congress and the President should act immediately to 
     enact large-scale spending reform legislation.

     SEC. __02. SEQUESTER REPLACEMENT.

       (a) Definitions.--In this section--
       (1) the terms ``account'', ``budgetary resources'', 
     ``discretionary appropriations'', ``direct spending'' and 
     related terms have the meaning given such terms in section 
     250(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900(c));
       (2) the term ``joint resolution'' means only a joint 
     resolution the matter after the resolving clause of which is 
     as follows: ``That Congress disapproves the cancellation of 
     budgetary resources identified in the qualifying sequester 
     replacement plan submitted by the President on ______.'' (the 
     blank space being appropriately filled in); and
       (3) the term ``qualifying sequester replacement plan'' 
     means a plan submitted by the President--
       (A) not later than 14 calendar days after the date of 
     enactment of this Act; and
       (B) that proposes to permanently cancel budgetary resources 
     available for fiscal year 2013 from any discretionary 
     appropriations or direct spending account in the amount of 
     the budgetary resources required to be cancelled under 
     section 251 and 251A of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901 and 901a) for 
     fiscal year 2013, as determined after the enactment of this 
     Act, provided--
       (i) 50 percent of the proposed cancellation of budgetary 
     resources shall be cancelled from defense spending (budget 
     function 050);
       (ii) any cancellation of budgetary resources from budget 
     function 050 shall be consistent with amounts authorized in 
     the National Defense Authorization Act for Fiscal Year 2013 
     (Public Law 112-239);
       (iii) the cancellation of budgetary resources may not be 
     implemented through changes to programs or activities 
     contained in the Internal Revenue Code, or increase 
     governmental receipts, offsetting collections, or offsetting 
     receipts;
       (iv) any change to Medicare must be consistent with section 
     256(d) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 906(d));
       (v) any cancellation of budgetary resources in an account 
     that is not defense spending may not be offset against an 
     increase in another such account;
       (vi) the proposed cancellation of budgetary resources shall 
     reduce outlays by not less than the amount of budgetary 
     resources required to be cancelled under section 251 and 251A 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 901 and 901a) for fiscal year 2013, as 
     determined after the enactment of this Act, by the end of 
     fiscal year 2018; and
       (vii) except as provided in clauses (i) through (vi), shall 
     be consistent with sections 255 and 256 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905 and 906).
       (b) Proposal.--Not later than 14 calendar days after the 
     date of enactment of this Act, the President shall submit to 
     Congress a qualifying sequester replacement plan.
       (c) Joint Resolution of Disapproval.--
       (1) No referral.--A joint resolution shall not be referred 
     to a committee in either the House of Representatives or the 
     Senate and shall immediately be placed on the calendar.
       (2) Motion to proceed.--A motion to proceed to a joint 
     resolution is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to a motion to postpone 
     and all points of order against the motion are waived. A 
     motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order. If a motion to 
     proceed to the consideration of a joint resolution is agreed 
     to, the joint resolution shall remain the unfinished business 
     of the respective House until disposed of.
       (3) Expedited consideration in house of representatives.--
     In the House of Representatives, a joint resolution shall be 
     considered as read. All points of order against a

[[Page S1869]]

     joint resolution and against its consideration are waived. 
     The previous question shall be considered as ordered on the 
     joint resolution to its passage without intervening motion 
     except 2 hours of debate equally divided and controlled by 
     the proponent and an opponent. A motion to reconsider the 
     vote on passage of the joint resolution shall not be in 
     order.
       (4) Expedited procedure in senate.--
       (A) Consideration.--In the Senate, consideration of a joint 
     resolution, and on all debatable motions and appeals in 
     connection therewith, shall be limited to not more than 10 
     hours, which shall be divided equally between the majority 
     and minority leaders or their designees. A motion further to 
     limit debate is in order and not debatable. An amendment to, 
     or a motion to postpone, or a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     joint resolution is not in order.
       (B) Vote on passage.--If the Senate has proceeded to a 
     joint resolution, the vote on passage of the joint resolution 
     shall occur immediately following the conclusion of 
     consideration of the joint resolution, and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the Senate.
       (C) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate to the procedure relating to a joint 
     resolution shall be decided without debate.
       (5) Amendment not in order.--A joint resolution considered 
     under this subsection shall not be subject to amendment in 
     either the House of Representatives or the Senate.
       (6) Coordination with action by other house.--If, before 
     passing a joint resolution, one House receives from the other 
     House a joint resolution--
       (A) the joint resolution of the other House shall not be 
     referred to a committee; and
       (B) the procedure in the receiving House shall be the same 
     as if no joint resolution had been received from the other 
     House, except that the vote on final passage shall be on the 
     joint resolution of the other House.
       (7) Period.--Subject to subsection (d), Congress may not 
     consider a joint resolution under this subsection after the 
     date that is 21 calendar days after the date of enactment of 
     this Act.
       (8) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such it 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution, and 
     it supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (d) Consideration After Passage.--If Congress passes a 
     joint resolution, the period beginning on the date the 
     President is presented with the joint resolution and ending 
     on the date the President signs, allows to become law without 
     his signature, or vetoes and returns the joint resolution 
     (but excluding days when either House is not in session) 
     shall be disregarded in computing the calendar day period 
     described in subsection (c)(7).
       (e) Disapproval.--If a joint resolution is enacted under 
     this section--
       (1) the President may not carry out the proposed 
     cancellation of budgetary resources in the qualifying 
     sequester replacement plan submitted under subsection (b); 
     and
       (2) sequestration shall continue in accordance with the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.).
       (f) Failure to Enact Disapproval.--Effective on the day 
     after the end of the calendar day period under subsection 
     (c)(7) (as determined in accordance with subsection (d)), if 
     the President has submitted a qualifying sequester 
     replacement plan in accordance with subsection (b) and a 
     joint resolution of disapproval has not been enacted under 
     this section, the President shall--
       (1) cancel any sequestration order issued under section 
     251A of the Balanced Budget and Emergency Deficit Control Act 
     of 1985 (2 U.S.C. 901a); and
       (2) cancel budgetary resources in accordance with the 
     qualifying sequester replacement plan submitted under 
     subsection (b).

     SEC. __03. LIMITATION.

       Nothing in this title grants authority to cut additional 
     direct spending beyond the scope of the 2013 sequester.
                                 ______
                                 
  SA 110. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       In title VII of division F, insert after section 1708 the 
     following:
       Sec. 1709.  Notwithstanding section 1101, subsection (a) of 
     section 7041 of division I of Public Law 112-74 shall be 
     applied to funds appropriated by this division by inserting 
     at the end of such subsection the following new paragraph:
       ``(4)(A)(i) None of the amounts appropriated or otherwise 
     made available under the heading `Foreign Military Financing 
     Program' that is available for assistance for Egypt may be 
     used to enter into a contract on or after the date of 
     enactment of this Act with the Government of Egypt for the 
     sale or transfer of major defense equipment, such as F-16 
     attack aircraft and M1 tanks, until 15 days after the 
     Secretary of State submits to Congress the strategy required 
     under subparagraph (B).
       ``(ii) Clause (i) shall not apply to defense articles 
     related to counterterrorism, border security, or special 
     operations capabilities, and nothing in this section shall be 
     construed to require the violation of an existing defense 
     agreement or contract with the Government or Armed Forces of 
     Egypt or to prevent or disrupt the production, transfer, or 
     delivery of any defense article or service to the Government 
     or Armed Services of Egypt, as required by a contract 
     concluded by the United States Government or a United States 
     person prior to the date of the enactment of this Act.
       ``(B)(i) The strategy referred to in subparagraph (A) is a 
     comprehensive strategy for modernizing and improving United 
     States security cooperation with, and assistance to, Egypt in 
     order to prioritize and advance the following national 
     security objectives:
       ``(I) The strategy shall seek to enhance the ability of the 
     Government of Egypt to detect, disrupt, dismantle, and defeat 
     al Qaeda, affiliated groups, and other terrorist 
     organizations, whether based in and operating from Egyptian 
     territory or elsewhere, and to counter terrorist ideology and 
     radicalization within Egypt.
       ``(II) The strategy shall seek to improve and increase the 
     capacity of the Government of Egypt to prevent human 
     trafficking and the illicit movement of terrorists, 
     criminals, weapons, and other dangerous material across 
     Egypt's borders or administrative boundaries, especially 
     through tunnels and other illicit points of entry into Gaza.
       ``(III) The strategy shall seek to improve the ability of 
     the Government of Egypt to conduct counterinsurgency and 
     counterterrorism operations in the Sinai.
       ``(IV) The strategy shall seek to enhance the capacity of 
     the Government of Egypt to gather, integrate, analyze, and 
     share intelligence, especially with regard to the threat 
     posed by terrorism and other illicit criminal activity, while 
     ensuring a proper respect and protection for the human rights 
     and civil liberties of Egypt's citizens.
       ``(V) Any other objective that the President determines 
     necessary.
       ``(ii) The strategy shall also include an assessment of the 
     extent to which the Government of Egypt is--
       ``(I) implementing policies to protect, and not to 
     restrict, the political, economic, and religious freedoms and 
     human rights of all citizens and residents in Egypt;
       ``(II) continuing to demonstrate a commitment to free and 
     fair elections and is not interfering with such elections;
       ``(III) implementing the Egypt-Israel Peace Treaty;
       ``(IV) addressing restrictions in law and practice on 
     Egyptian and international nongovernmental organizations, 
     particularly those promoting human rights and democracy;
       ``(V) taking effective steps to combat terrorism in the 
     Sinai;
       ``(VI) taking effective steps to eliminate smuggling 
     networks and to detect and destroy tunnels between Egypt and 
     Gaza; and
       ``(VII) implementing an agreement with the International 
     Monetary Fund to promote necessary economic reforms.
       ``(C) Of the funds appropriated under the heading `Economic 
     Support Fund' that is available for assistance for Egypt, not 
     less than $25,000,000 should be made available for democracy 
     and education programs, including support for civil society 
     organizations, and for programs to promote the rule of law 
     and human rights.''.
                                 ______
                                 
  SA 111. Mr. BAUCUS (for himself, Mr. Tester, Mr. Begich, and Mr. 
Wyden) submitted an amendment intended to be proposed to amendment SA 
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill 
H.R. 933, making appropriations for the Department of Defense, the 
Department of Veterans Affairs, and other departments and agencies for 
the fiscal year ending September 30, 2013, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 8119 and insert the following:
       Sec. 8119.  None of the funds made available by this Act 
     may be used to retire, divest, realign, or transfer aircraft 
     of the Air National Guard or Air Force Reserve, to 
     disestablish or convert units associated with such aircraft, 
     or to disestablish or convert any other unit of the Air 
     National Guard or Air Force Reserve until each of the 
     following occurs:
       (1) The Comptroller General of the United States completes 
     a study assessing such action, including an assessment of 
     each of the following:
       (A) The costs of infrastructure in connection with such 
     action.
       (B) The costs of any recruiting and training required in 
     connection with such action.

[[Page S1870]]

       (C) The effects of such action on local communities, 
     including economic effects and any jobs to be gained or lost 
     in connection with such action.
       (2) The Inspector General of the Department of Defense 
     completes a feasibility study on such section to determine 
     and assess each of the following:
       (A) The costs of infrastructure in connection with such 
     action.
       (B) The costs of any recruiting and training required in 
     connection with such action.
       (C) The environmental impact of such action.
                                 ______
                                 
  SA 112. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed to amendment SA 26 proposed by Ms. Mikulski (for herself and 
Mr. Shelby) to the bill H.R. 933, making appropriations for the 
Department of Defense, the Department of Veterans Affairs, and other 
departments and agencies for the fiscal year ending September 30, 2013, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 8119, relating to a limitation on certain 
     actions with respect to Air Force aircraft.
                                 ______
                                 
  SA 113. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. 
Shelby) to the bill H.R. 933, making appropriations for the Department 
of Defense, the Department of Veterans Affairs, and other departments 
and agencies for the fiscal year ending September 30, 2013, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 580, between lines 4 and 5, insert the following:
       Sec. 1811.  Section 255 of the National Housing Act (12 
     U.S.C. 1715z-20) is amended--
       (1) in subsection (d)(8)--
       (A) by inserting ``property maintenance,'' before 
     ``insurance''; and
       (B) by inserting ``, including matters that set forth terms 
     and provisions for establishing escrow accounts, performing 
     financial assessments, or limiting the amount of any payment 
     made available under the mortgage'' before the semicolon; and
       (2) in subsection (h)--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) by notice or mortgagee letter, establish any 
     additional or alternative requirements that the Secretary, in 
     his or her discretion, determines necessary to more 
     effectively carry out the provisions of this section, and any 
     such notice or mortgagee letter shall take effect upon 
     issuance.''.
                                 ______
                                 
  SA 114. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself 
and Mr. Shelby) to the bill H.R. 933, making appropriations for the 
Department of Defense, the Department of Veterans Affairs, and other 
departments and agencies for the fiscal year ending September 30, 2013, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 579, line 2, after ``Public Law 112-55:'' insert 
     the following: ``Provided further, That a public housing 
     agency that does not receive from the Secretary of Housing 
     and Urban Development an allocation sufficient to pay the 
     full amount determined in the first proviso of such paragraph 
     (3) under such heading in such Public Law may utilize 
     unobligated balances remaining from housing assistance 
     payment funds allocated to the public housing agency during a 
     previous year, to the extent necessary to effect payment to 
     the public housing agency of an amount not exceeding 90 
     percent of the full administrative fees and expenses payable 
     to the public housing agency with respect to authorized 
     vouchers under lease:''
                                 ______
                                 
  SA 115. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Additional Amount for O&M for Activities in 
     CONUS.--The aggregate amount appropriated by title II of this 
     division for operation and maintenance is hereby increased by 
     $60,000,000, with the amount to be available, as determined 
     by the Secretary of Defense, for operation and maintenance 
     expenses of the Department of Defense in connection with 
     programs, projects, and activities in the continental United 
     States.
       (b) Offset.--The amount appropriated by title III of this 
     division under the heading ``Procurement, Defense-Wide'' is 
     hereby decreased by $60,000,000, with the amount of the 
     reduction to be allocated to amounts available under that 
     heading for Advanced Drop in Biofuel Production.
       (c) For the purposes of section, as determined by the 
     Secretary of Defense means a spend-out rate in compliance 
     with the aggregate outlay levels as set forth in the Budget 
     Control Act of 2011.
                                 ______
                                 
  SA 116. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, 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 appropriated or otherwise made 
     available by division A, B, C, D, or E of this Act may be 
     made used to require a person licensed under section 923 of 
     title 18, United States Code, to report information to the 
     Department of Justice regarding the sale of multiple rifles 
     or shotguns to the same person, unless pursuant to a bona 
     fide criminal investigation.
                                 ______
                                 
  SA 117. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       In title I of division F, insert after section 1114 the 
     following:
       Sec. 1115. (a)(1) Notwithstanding section 1101, section 
     7041 of division I of Public Law 112-74 shall be applied to 
     funds appropriated by this division by substituting this 
     subsection and subsections (b) and (c) of this section for 
     paragraph (1) of subsection (a) of such section 7041.
       (2)(A) Except as provided under paragraph (4), none of the 
     amounts appropriated or otherwise made available by this Act 
     under the heading ``Economic Support Fund'' may be made 
     available as direct budget support to the Government of Egypt 
     unless a certification under subsection (b)(2) is in effect.
       (B) Except as provided under paragraph (4), none of the 
     amounts appropriated or otherwise made available by this Act 
     under the heading ``Foreign Military Financing Program'' may 
     be obligated for contracts with the Government of Egypt 
     entered into on or after the date of the enactment of this 
     Act unless a certification under subsection (b)(1) is in 
     effect.
       (C)(i) The limitation under subparagraph (B) shall not 
     apply to defense articles related to counterterrorism, border 
     security, or special operations capabilities.
       (ii) Nothing in this subsection shall be construed to 
     require the violation of an existing defense contract with 
     the Government or Armed Forces of Egypt or to prevent or 
     disrupt the production, transfer, or delivery of any defense 
     article or service to the Government or Armed Services of 
     Egypt, as required by a contract concluded by the United 
     States Government or a United States person prior to the date 
     of the enactment of this Act.
       (3) Not later than 90 days after the date on which the 
     Secretary of State transmits to the appropriate congressional 
     committees an initial certification under paragraph (1) or 
     (2) of subsection (b), and 180 days thereafter, the Secretary 
     shall transmit to the appropriate congressional committees--
       (A) a recertification that the requirements contained in 
     such paragraph are continuing to be met; or
       (B) a statement that the Secretary is unable to make such a 
     recertification and that the certification is no longer in 
     effect.
       (4) The Secretary of State may waive the requirements of 
     subparagraphs (A) and (B) of paragraph (2) if the Secretary 
     certifies to the appropriate congressional committees that it 
     is in the national security interest of the United States to 
     do so and submits to such committees a report with the 
     reasons for the certification.
       (b)(1) A certification described in this paragraph is a 
     certification submitted by the Secretary of State to the 
     appropriate congressional committees that the following 
     conditions have been met:
       (A) The Government of Egypt has adopted and is implementing 
     policies to protect, and is not restricting, the political, 
     economic, and religious freedoms and human rights of all 
     citizens and residents of Egypt.
       (B) The Government of Egypt is continuing to demonstrate a 
     commitment to free and fair elections and is not taking any 
     steps to interfere with or undermine the credibility of such 
     elections.
       (C) Egypt is implementing the Egypt-Israel Peace Treaty.
       (D) The Government of Egypt is taking effective steps to 
     eliminate smuggling networks and to detect and destroy 
     tunnels between Egypt and the Gaza Strip.
       (E) The Government of Egypt is taking effective steps to 
     combat terrorism in the Sinai, and an appropriate portion of 
     funds made available under the heading ``Foreign Military 
     Financing Program'' for assistance for Egypt is being used 
     for counterterrorism

[[Page S1871]]

     purposes, including equipment and training related to border 
     security.
       (F) The Government of Egypt has addressed restrictions in 
     law and practice on the work, funding, and ability to operate 
     of Egyptian and international nongovernmental organizations, 
     particularly those promoting human rights and democracy, 
     including the International Republican Institute, the 
     National Democratic Institute, and Freedom House.
       (2) A certification described in this paragraph is a 
     certification submitted by the Secretary of State to the 
     appropriate congressional committees that--
       (A) the conditions set forth in paragraph (1) have been 
     met; and
       (B) the Government of Egypt has signed and submitted to the 
     International Monetary Fund a Letter of Intent and Memorandum 
     of Economic and Financial Policies designed to promote 
     critical economic reforms and has begun to implement such 
     measures.
       (c) Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $25,000,000 should be for 
     democracy and governance programs for Egypt, including direct 
     support for secular, democratic nongovernmental 
     organizations, as well as programming and support for rule of 
     law and human rights, good governance, political competition 
     and consensus-building, and civil society.
       (d) Not later than 180 days after the date of the enactment 
     of this Act, the President shall, after consultation with the 
     Government of Egypt and representatives of civil society in 
     Egypt, submit to the appropriate congressional committees a 
     report--
       (1) describing the results of a policy review on Egypt on 
     how to rebalance United States military and economic 
     assistance to Egypt;
       (2) analyzing the current security needs in Egypt; and
       (3) summarizing all of the Foreign Military Financing 
     contracts for the Government of Egypt carried out over the 
     previous 10 years and describing plans for such contracts 
     over the next 5 years.
       (e) In this section, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 118. Mr. BARRASSO (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 544, strike line 23 and all that follows 
     through page 545, line 4, and insert the following:
       (a) $1,556,596,000 for ``Forest Service, National Forest 
     System'';
       (b) $372,321,000 for ``Forest Service, Capital Improvement 
     and Maintenance'';
       (c) $28,000,000 for ``Forest Service, Land Acquisition''; 
     and
       (d) $1,971,390,000 for ``Forest Service, Wildland Fire 
     Management''.
       Sec. 1409.  Notwithstanding section 1101, the levels of the 
     following appropriations of the Department of the Interior 
     shall be:
        (a) $51,897,000 for ``National Park Service, National Park 
     Land Acquisition'';
       (b) $2,264,202,000 for ``National Park Service, Operation 
     of the National Park System'';
       (c) $12,344,000 for ``Bureau of Land Management, Land 
     Acquisition''; and
       (d) $960,757,000 for ``Bureau of Land Management, 
     Management of Lands and Resources''.
                                 ______
                                 
  SA 119. Mr. BOOZMAN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 544, strike line 23 and all that follows 
     through page 545, line 2, and insert the following:
       (a) $1,556,596,000 for ``Forest Service, National Forest 
     System'';
       (b) $372,321,000 for ``Forest Service, Capital Improvement 
     and Maintenance'';
       (c) $28,000,000 for ``Forest Service, Land Acquisition''; 
     and
                                 ______
                                 
  SA 120. Ms. MURKOWSKI (for herself, Ms. Cantwell, Mr. Begich, and 
Mrs. Murray) submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 60, line 16 strike ``and (10)'' and insert ``(10) 
     not less than $150,000 shall be used to implement a 
     requirement that genetically engineered salmon be labeled 
     clearly as such on packaging for sale to consumers; and 
     (11)''.
                                 ______
                                 
  SA 121. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131.  None of the funds appropriated or otherwise 
     made available by this Act may be used to retire, divest, 
     realign, or transfer Air Force aircraft assigned to the 18th 
     Aggressor Squadron, Eielson Air Force Base, Alaska, or to 
     disestablish or convert units associated with such aircraft, 
     until the National Commission on the Structure of the Air 
     Force submits to Congress the report required by section 
     363(b) of the National Defense Authorization Act for 2013 
     (Public Law 112-239).
                                 ______
                                 
  SA 122. Ms. MURKOWSKI (for herself, Mr. Cochran, Ms. Collins, Mr. 
King, Ms. Warren, Mrs. Shaheen, Mr. Cowan, and Mr. Begich) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 105, between lines 9 and 10, insert the following:
       Sec. 111. (a) In addition to any other amount made 
     available, $150,000,000 shall be made available for fisheries 
     disasters as declared by the Secretary of Commerce in the 
     year beginning January 1, 2012.
       (b) Amounts made available in this title, other than the 
     amount made available in subsection (a), shall be reduced on 
     a pro rata basis by $150,000,000.
                                 ______
                                 
  SA 123. Mr. DURBIN. proposed an amendment to amendment SA 115 
submitted by Mr. Toomey to the amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, making 
appropriations for the Department of Defense, the Department of 
Veterans Affairs, and other departments and agencies for the fiscal 
year ending September 30, 2013, and for other purposes; as follows:

       At the end, add the following:
       (d) This section shall become effective 1 day after the 
     date of enactment.
                                 ______
                                 
  SA 124. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 84 submitted by Ms. Ayotte (for herself and Mr. Chambliss) 
and intended to be proposed to the bill H.R. 933, making appropriations 
for the Department of Defense, the Department of Veterans Affairs, and 
other departments and agencies for the fiscal year ending September 30, 
2013, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 10, line 13, strike the period and insert ``; and
       (7) to affirm that the Authorization for Use of Military 
     Force (Public Law 107-40) and the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81) do 
     not authorize the detention of a citizen of the United 
     States, a lawful permanent resident of the United States, or 
     any other person who is apprehended in the United States.
                                 ______
                                 
  SA 125. Ms. AYOTTE submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, making appropriations for the Department of 
Defense, the Department of Veterans Affairs, and other departments and 
agencies for the fiscal year ending September 30, 2013, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Reduction in Amount for Army RDTE for 
     MEADS.--The amount appropriated or otherwise made available 
     by title IV of this division under the heading ``Research, 
     Development, Test, and Evaluation, Army'' is hereby decreased 
     by $380,861,000, with the amount of the reduction to be 
     allocated from amounts available under that heading for the 
     Medium Extended Air Defense System (MEADS).

[[Page S1872]]

       (b) Increase in Amount for O&M.--The aggregate amount 
     appropriated by title II of this division for Operation and 
     Maintenance is increased by $380,861,000, with the amount to 
     be allocated among accounts funded by that title in a manner 
     determined appropriate by the Secretary of Defense.
       (c) For the purpose of this section, as ``in a manner 
     determined appropriate by the Secretary of Defense'' means a 
     spend-cut rate in compliance with the aggregate outlay levels 
     as set forth in the Budget Control Act of 2011.

                          ____________________