Amendment Text: S.Amdt.3351 — 112th Congress (2011-2012)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (12/18/2012)

This Amendment appears on page S8142 in the following article from the Congressional Record.



[Pages S8141-S8151]
                           TEXT OF AMENDMENTS

  SA 3346. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3338 proposed by Mr. Leahy (for Mr. Inouye (for himself 
and Mr. Lautenberg)) 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 91, between lines 2 and 3, insert the following:
       Sec. 1004.  Section 127 of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(j) Operation of Certain Vehicles on Certain Wisconsin 
     Highways.--With respect to any segment of the United States 
     Route 41 corridor described in section 1105(c)(57) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240) that has been designated as a route on 
     the Interstate System, any vehicle that could operate legally 
     on the segment before such designation shall not be subject 
     to the requirements set forth in subsection (a).''.
                                 ______
                                 
  SA 3347. Mr. MERKLEY (for himself and Mr. Wyden) 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 end of title I, add the following:

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101. (a) Section 531 of the Federal Crop Insurance Act 
     (7 U.S.C. 1531) is amended--
       (1) in subsection (c)(1), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (2) in subsection (d)(2), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (3) in subsection (e)(1)--
       (A) by striking ``The Secretary'' and inserting ``Of the 
     funds of the Commodity Credit Corporation, the Secretary''; 
     and
       (B) by striking ``per year from the Trust Fund'' and 
     inserting ``for fiscal year 2012'';
       (4) in subsection (f)(2)(A), by striking ``the Secretary 
     shall use such sums as are necessary from the Trust Fund'' 
     and inserting ``of the funds of the Commodity Credit 
     Corporation, the Secretary shall use such sums as are 
     necessary for fiscal year 2012''; and
       (5) in subsection (i), by striking ``September 30, 2011'' 
     and inserting ``September 30, 2012 (except in the case of 
     subsection (b), which shall be September 30, 2011)''.
       (b) This section is designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 3348. Mr. GRASSLEY 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. __. VEHICLES USE IN THE WAKE OF HURRICANE SANDY.

       (a) Report.--Not later than 7 days after the date of 
     enactment of this Act, the Department of Justice and 
     Department of Homeland Security shall identify and relocate 
     any vehicles currently based at the Washington, D. C., 
     headquarters of such agencies used for non-operational 
     purposes to replace vehicles of those agencies damaged by 
     Hurricane Sandy. The Department of Justice and Department of 
     Homeland Security shall provide copies of a report 
     summarizing the actions taken to carry out this subsection to 
     the House and Senate Committees on Appropriations and 
     Judiciary.
       (b) Funding Limitation.--No funds provided by this Act 
     shall be used to purchase, repair, or replace any Department 
     of Justice or Department of Homeland security vehicle until 
     after the report required by subsection (a) has been provided 
     to Congress.
                                 ______
                                 
  SA 3349. Mr. WHITEHOUSE (for himself, Mr. Lieberman, Mr. Franken, and 
Mr. Cardin) 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. 11__. (a) The Senate finds that--
       (1) extreme weather events threaten lives, property, the 
     economy, national security, and sense of place;
       (2) the Intergovernmental Panel on Climate Change, the 
     leading international body for the assessment of climate 
     change, concludes that a changing climate leads to changes in 
     the frequency, intensity, spatial extent, duration, and 
     timing of extreme weather and climate events;
       (3) the Intergovernmental Panel on Climate Change further 
     concludes that it is at least 90 percent likely that--
       (A) the length, frequency, and intensity of warm spells or 
     heat waves will increase over most land areas;
       (B) mean sea level rise will contribute to upward trends in 
     extreme coastal high water levels; and
       (C) locations currently experiencing adverse impacts, such 
     as coastal erosion and inundation, will continue to be 
     adversely impacted due to increased sea levels;
       (4) Congress has been asked to approve an emergency aid 
     package at a cost of $60,400,000,000 to assist recovery 
     efforts from Hurricane Sandy, the second costliest Atlantic 
     hurricane on record;
       (5) in addition to Federal disaster assistance, private 
     insurance companies are expected to pay billions of dollars 
     in claims related to Hurricane Sandy;
       (6) global insurance and reinsurance businesses acknowledge 
     that climate change is real;
       (7) Munich Re, the largest global reinsurer in the world, 
     has reported that ``there is evidence that, as a result of 
     warming, events associated with severe windstorms, such as 
     thunderstorms, hail and cloudbursts, have become more 
     frequent in parts of the USA, southwest Germany, and other 
     regions'';
       (8) the Munich Re natural catastrophe database shows ``a 
     marked increase in the number of weather-related events'', 
     including, globally, ``a more than threefold increase in 
     loss-related floods since 1980 and more than double the 
     number of windstorm

[[Page S8142]]

     natural catastrophes, with particularly heavy losses as a 
     result of Atlantic hurricanes'';
       (9) Swiss Re, the second largest global reinsurer in the 
     world, has reported ``that climate change will exacerbate the 
     weather impacts we have seen in recent years'';
       (10) RenaissanceRe, a global provider of insurance 
     coverage, has stated that it has ``taken a proactive course 
     to begin modeling the risk and uncertainty associated with 
     climate change''; and
       (11) adaptation measures can mitigate future disasters and 
     increase resilience to extreme weather events.
       (b) It is the sense of the Senate that--
       (1) current trends for air and ocean temperature, sea 
     level, and ocean chemistry are associated with an increasing 
     frequency and severity of extreme weather events and are 
     related to the release of man-made carbon dioxide, affecting 
     the atmosphere and oceans;
       (2) the response to extreme weather events presents 
     significant costs to the Federal, State, and local 
     governments, businesses, insurers, and individuals; and
       (3) actions to mitigate the effects of extreme weather 
     events, including actions taken to reduce human contributions 
     to climate change, are economically prudent and in the fiscal 
     best interests of the United States.
                                 ______
                                 
  SA 3350. Mr. TESTER (for himself, Mr. Udall of Colorado, Mr. Udall of 
New Mexico, Mr. Wyden, Mr. Baucus, and Mr. Johnson of South Dakota) 
submitted an amendment intended to be proposed to amendment SA 3338 
proposed by Mr. Leahy (for Mr. Inouye (for himself and Mr. Lautenberg)) 
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; as follows:

       On page 72, between lines 16 and 17, insert the following:

                        wildland fire management

       For an additional amount for ``Wildland Fire Management'', 
     $653,000,000, to remain available until expended: Provided, 
     That such amount is designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)); Provided further, That, not later 
     than December 31, 2013, the Comptroller General of the United 
     States shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a report on new 
     models or alterations in the model that may be used to better 
     project future wildfire suppression costs.
                                 ______
                                 
  SA 3351. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Brown of Ohio) 
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 18, strike line 24 and all that follows through 
     page 19, line 1, and insert the following:

     pended to dredge Federal navigation channels and harbors 
     (including channels and harbors impeded as a result of 
     drought and low water levels) and repair damage to Corps 
     projects nationwide related to natural disasters (including 
     drought): Provided, That such amount is designated by * * *
                                 ______
                                 
  SA 3352. Mr. McCAIN (for himself and Mr. Coburn) 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, the following:
       Sec. ___.  Notwithstanding any other provision of law, 
     including any provision of this Act, no funds appropriated 
     under this Act may be used to fund programs or projects that 
     have resulted from a major disaster declared pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et. seq.) other than Hurricane Sandy or 
     Tropical Storm Sandy of 2012, to fund mitigation projects 
     appropriated under this Act, or to fund programs not directly 
     in response to Hurricane Sandy or Tropical Storm Sandy of 
     2012 response and recovery efforts.
                                 ______
                                 
  SA 3353. Mr. McCAIN (for himself and Mr. Coburn) 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:

       Beginning on page 14, strike line 5 and all that follows 
     through page 15, line 19.
                                 ______
                                 
  SA 3354. Mr. McCAIN (for himself and Mr. Coburn) 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 2, lines 18 through 22, strike ``$58,855,000'' and 
     all that follows through ``Provided,'' and insert 
     ``$23,000,00, to remain available until expended: Provided,  
     That funds made available under this heading may only be used 
     for emergencies related to the consequences of Hurricane 
     Sandy: Provided further,''.
                                 ______
                                 
  SA 3355. Mr. McCAIN (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed to amendment SA 3338 proposed by Mr. 
Leahy (for Mr. Inouye (for himself and Mr. Lautenberg)) 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; as follows:

       Beginning on page 2, strike line 16 and all that follows 
     through page 3, line 2.
                                 ______
                                 
  SA 3356. Mr. McCAIN (for himself and Mr. Coburn) 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 70, line 8, strike ``$810,000,000'' and insert 
     ``$610,000,000''.
                                 ______
                                 
  SA 3357. Mr. McCAIN (for himself and Mr. Coburn) 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:

       Beginning on page 66, strike line 14 and all that follows 
     through page 67, line 6.
                                 ______
                                 
  SA 3358. Mr. McCAIN (for himself and Mr. Coburn) 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 3359. Mr. McCAIN (for himself and Mr. Coburn) 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:

       Beginning on page 72, strike line 17 and all that follows 
     through page 73, line 2.
                                 ______
                                 
  SA 3360. Mr. McCAIN (for himself and Mr. Coburn) 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 83, line 1, insert ``That none of the funds 
     provided under this heading may be distributed until the 
     National Railroad Passenger Corporation submits a detailed 
     plan to Congress on how such funds will be expended: Provided 
     further, That none of the funds provided under this heading 
     may be used for capital improvements or other expenses that 
     are not directly associated with Hurricane Sandy or Tropical 
     Storm Sandy: Provided further,'' after ``Provided further,''.
                                 ______
                                 
  SA 3361. Mr. McCAIN (for himself and Mr. Coburn) 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 82, strike line 13 and all that follows through 
     page 83, line 5.

[[Page S8143]]

                                 ______
                                 
  SA 3362. Mr. McCAIN (for himself and Mr. Coburn) 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 77, line 20, strike ``to remain available until 
     expended: Provided,'' and insert ``to remain available until 
     September 30, 2014: Provided, That the Secretary shall, prior 
     to transferring such funds, submit to the appropriate 
     Committees of Congress a report concerning how such funds 
     will be used under such transfer: Provided further,''.
                                 ______
                                 
  SA 3363. Mr. McCAIN (for himself and Mr. Coburn) 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 83, beginning on line 10, strike 
     ``$10,783,000,000'' and all that follows through ``such 
     transfer:'' on line 21 and insert the following: 
     ``$5,400,000,000, to remain available until expended, for 
     recovery and relief efforts in the areas most affected by 
     Hurricane Sandy: Provided, That none of the funds provided 
     under this heading may be distributed until the Federal 
     Transit Administration submits a detailed plan to Congress on 
     how such funds will be expended: Provided further, That none 
     of the funds provided under this heading may be used for 
     capital improvements or other expenses that are not directly 
     associated with Hurricane Sandy or Tropical Storm Sandy:''
                                 ______
                                 
  SA 3364. Mr. McCAIN (for himself and Mr. Coburn) 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 9, strike line 17 and all that follows through page 
     10, line 22.
                                 ______
                                 
  SA 3365. Mr. McCAIN (for himself and Mr. Coburn), 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 3, strike line 6 and all that follows through 
     ``Provided, That'' on line 11 and insert ``The''.
                                 ______
                                 
  SA 3366. Mr. McCAIN (for himself and Mr. Coburn) 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 73, beginning on line 13, strike ``That the 
     Secretary'' and all that follows through ``Provided 
     further,'' on line 17.
                                 ______
                                 
  SA 3367. Mr. MERKLEY (for himself, Ms. Stabenow, Mrs. McCaskill, Mr. 
Baucus, and Mr. Wyden) submitted an amendment intended to be proposed 
to amendment SA 3338 proposed by Mr. Leahy (for Mr. Inouye (for himself 
and Mr. Lautenberg)) 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; as follows:

       At the end of title I, add the following:

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 101. (a) Section 531 of the Federal Crop Insurance Act 
     (7 U.S.C. 1531) is amended--
       (1) in subsection (c)(1), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (2) in subsection (d)(2), by striking ``The Secretary shall 
     use such sums as are necessary from the Trust Fund'' and 
     inserting ``Of the funds of the Commodity Credit Corporation, 
     the Secretary shall use such sums as are necessary for fiscal 
     year 2012'';
       (3) in subsection (e)(1)--
       (A) by striking ``The Secretary'' and inserting ``Of the 
     funds of the Commodity Credit Corporation, the Secretary''; 
     and
       (B) by striking ``per year from the Trust Fund'' and 
     inserting ``for fiscal year 2012'';
       (4) in subsection (f)(2)(A), by striking ``the Secretary 
     shall use such sums as are necessary from the Trust Fund'' 
     and inserting ``of the funds of the Commodity Credit 
     Corporation, the Secretary shall use such sums as are 
     necessary for fiscal year 2012''; and
       (5) in subsection (i), by striking ``September 30, 2011'' 
     and inserting ``September 30, 2012 (except in the case of 
     subsection (b), which shall be September 30, 2011)''.
       (b) This section is designated by Congress as being for an 
     emergency requirement pursuant to--
       (1) section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)); and
       (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139; 2 U.S.C. 933(g)).
       Sec. 102. (a) Section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) is 
     amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Coverages.--In the case of an eligible crop described 
     in paragraph (2), the Secretary of Agriculture shall operate 
     a noninsured crop disaster assistance program to provide 
     coverages based on individual yields (other than for value-
     loss crops) equivalent to--
       ``(i) catastrophic risk protection available under section 
     508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); 
     or
       ``(ii) additional coverage available under subsections (c) 
     and (h) of section 508 of that Act (7 U.S.C. 1508) that does 
     not exceed 65 percent.
       ``(B) Administration.--The Secretary shall carry out this 
     section through the Farm Service Agency (referred to in this 
     section as the `Agency').''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``and'' after the semicolon 
     at the end;
       (II) by redesignating clause (ii) as clause (iii); and
       (III) by inserting after clause (i) the following:

       ``(ii) for which additional coverage under subsections (c) 
     and (h) of section 508 of that Act (7 U.S.C. 1508) is not 
     available; and''; and
       (ii) in subparagraph (B)--

       (I) by inserting ``(except ferns)'' after 
     ``floricultural'';
       (II) by inserting ``(except ferns)'' after ``ornamental 
     nursery''; and
       (III) by striking ``(including ornamental fish)'' and 
     inserting ``(including ornamental fish, but excluding 
     tropical fish)'';

       (2) in subsection (d), by striking ``The Secretary'' and 
     inserting ``Subject to subsection (l), the Secretary'';
       (3) in subsection (k)(1)--
       (A) in subparagraph (A), by striking ``$250'' and inserting 
     ``$260''; and
       (B) in subparagraph (B)--
       (i) by striking ``$750'' and inserting ``$780''; and
       (ii) by striking ``$1,875'' and inserting ``$1,950''; and
       (4) by adding at the end the following:
       ``(l) Payment Equivalent to Additional Coverage.--
       ``(1) In general.--The Secretary shall make available to a 
     producer eligible for noninsured assistance under this 
     section a payment equivalent to an indemnity for additional 
     coverage under subsections (c) and (h) of section 508 of the 
     Federal Crop Insurance Act (7 U.S.C. 1508) that does not 
     exceed 65 percent, computed by multiplying--
       ``(A) the quantity that is less than 50 to 65 percent of 
     the established yield for the crop, as determined by the 
     Secretary, specified in increments of 5 percent;
       ``(B) 100 percent of the average market price for the crop, 
     as determined by the Secretary; and
       ``(C) a payment rate for the type of crop, as determined by 
     the Secretary, that reflects--
       ``(i) in the case of a crop that is produced with a 
     significant and variable harvesting expense, the decreasing 
     cost incurred in the production cycle for the crop that is, 
     as applicable--

       ``(I) harvested;
       ``(II) planted but not harvested; or
       ``(III) prevented from being planted because of drought, 
     flood, or other natural disaster, as determined by the 
     Secretary; or

       ``(ii) in the case of a crop that is produced without a 
     significant and variable harvesting expense, such rate as 
     shall be determined by the Secretary.
       ``(2) Premium.--To be eligible to receive a payment under 
     this subsection, a producer shall pay--
       ``(A) the service fee required by subsection (k); and
       ``(B) a premium for the applicable crop year that is equal 
     to--
       ``(i) the product obtained by multiplying--

       ``(I) the number of acres devoted to the eligible crop;
       ``(II) the yield, as determined by the Secretary under 
     subsection (e);
       ``(III) the coverage level elected by the producer;
       ``(IV) the average market price, as determined by the 
     Secretary; and

       ``(ii) 5.25-percent premium fee.
       ``(3) Limited resource, beginning, and socially 
     disadvantaged farmers.--The additional coverage made 
     available under this subsection shall be available to limited 
     resource, beginning, and socially disadvantaged producers, as 
     determined by the Secretary, in exchange for a premium that 
     is 50

[[Page S8144]]

     percent of the premium determined for a producer under 
     paragraph (2).
       ``(4) Additional availability.--
       ``(A) In general.--As soon as practicable, the Secretary 
     shall make assistance available to producers of an otherwise 
     eligible crop described in subsection (a)(2) that suffered 
     losses--
       ``(i) to a 2012 annual fruit crop grown on a bush or tree; 
     and
       ``(ii) in a county covered by a declaration by the 
     Secretary of a natural disaster for production losses due to 
     a freeze or frost.
       ``(B) Assistance.--The Secretary shall make assistance 
     available under subparagraph (A) in an amount equivalent to 
     assistance available under paragraph (1), less any fees not 
     previously paid under paragraph (2).
       ``(C) Administration.--For assistance provided under this 
     subsection for the 2012 crop year, the limitation in 
     subsection (i)(2) shall be $250,000.''.
       (b)(1) Effective October 1, 2017, subsection (a) and the 
     amendments made by subsection (a) (other than the amendments 
     made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are 
     repealed.
       (2) Effective October 1, 2017, section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333) shall be applied and administered as if subsection (a) 
     and the amendments made by subsection (a) (other than the 
     amendments made by clauses (i)(I) and (ii) of subsection 
     (a)(1)(B)) had not been enacted.
       (c) This section is designated by Congress as being for an 
     emergency requirement pursuant to--
       (1) section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)); and
       (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139; 2 U.S.C. 933(g)).
                                 ______
                                 
  SA 3368. Mr. COBURN (for himself and Mr. McCain) 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:

       In title IV, under the heading ``construction (including 
     transfer of funds)'' under the heading ``Corps of Engineers-
     Civil'' under the heading ``DEPARTMENT OF THE ARMY'' under 
     the heading ``DEPARTMENT OF DEFENSE-CIVIL'' strike ``Provided 
     further, That cost sharing for implementation of any projects 
     using these funds shall be 90 percent Federal and 10 percent 
     non-Federal exclusive of LERRDs:'' and insert ``Provided 
     further, That the Secretary shall determine the Federal and 
     non-Federal cost share for implementing any project using 
     these funds in accordance with section 103 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213):''.
                                 ______
                                 
  SA 3369. Mr. COBURN 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:

       Strike section 1003 and insert the following:
       Sec. 1003.  None of the funds provided in this title to the 
     Department of Transportation or the Department of Housing and 
     Urban Development may be used to make a grant unless the 
     Secretary of such Department notifies the House and Senate 
     Committees on Appropriations and posts the notification on 
     the public website of that agency not less than 3 full 
     business days before either Department (or a modal 
     administration of either Department) announces the selection 
     of any project, State or locality to receive a grant award 
     totaling $500,000 or more.
                                 ______
                                 
  SA 3370. Mr. COBURN (for himself and Mr. McCain) 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. 1106. PROHIBITION ON EMERGENCY SPENDING FOR PERSONS 
                   HAVING SERIOUS DELINQUENT TAX DEBTS.

       (a) Definition of Seriously Delinquent Tax Debt.--In this 
     section:
       (1) In general.--The term ``seriously delinquent tax debt'' 
     means an outstanding debt under the Internal Revenue Code of 
     1986 for which a notice of lien has been filed in public 
     records pursuant to section 6323 of that Code.
       (2) Exclusions.--The term ``seriously delinquent tax debt'' 
     does not include--
       (A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or 7122 of Internal 
     Revenue Code of 1986; and
       (B) a debt with respect to which a collection due process 
     hearing under section 6330 of that Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of that Code, is 
     requested or pending.
       (b) Prohibition.--Notwithstanding any other provision of 
     this Act or an amendment made by this Act, none of the 
     amounts appropriated by or otherwise made available under 
     this Act may be used to make payments to an individual or 
     entity who has a seriously delinquent tax debt during the 
     pendency of such seriously delinquent tax debt.

     SEC. 1107. PROHIBITION ON EMERGENCY SPENDING FOR DECEASED 
                   INDIVIDUALS.

       None of the amounts appropriated by or otherwise made 
     available under this Act may be used for any person who is 
     not alive when the amounts are made available.

     SEC. 1108. PROHIBITION ON EMERGENCY SPENDING FOR FISHERIES.

       None of the funds appropriated or made available in this 
     Act may be used for any commercial fishery that is located 
     more than 50 miles outside of the boundaries of a major 
     disaster area, as declared by the President under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170 et seq.), for Hurricane Sandy.
                                 ______
                                 
  SA 3371. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 3338 proposed by Mr. 
Leahy (for Mr. Inouye (for himself and Mr. Lautenberg)) 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; as follows:

       At the appropriate place insert the following:
       Sec. 52007.  (a) Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency (in this section referred to as 
     the ``Administrator'') shall review the public assistance per 
     capita damage indicator and shall initiate rulemaking to 
     update such damage indicator. Such review and rulemaking 
     process shall ensure that the per capita indicator is fully 
     adjusted for annual inflation for all years since 1986, by 
     not later than January 1, 2016.
        (b) Not later than 365 days after the date of enactment of 
     this Act, the Administrator shall--
       (1) submit a report to the committees of jurisdiction in 
     Congress on the initiative to modernize the per capita damage 
     indicator; and
       (2) present recommendations for new measures to assess the 
     capacities of States to respond and recover to disasters, 
     including threat and hazard identification and risk 
     assessments by States and total taxable resources available 
     within States for disaster recovery and response.
       (c) As used in this section, the term ``State'' means--
       (1) a State;
       (2) the District of Columbia;
       (3) the Commonwealth of Puerto Rico;
       (4) any other territory or possession of the United States; 
     and
       (5) any land under the jurisdiction of an Indian tribe, as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
                                 ______
                                 
  SA 3372. Mr. COBURN (for himself and Mr. McCain) 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. ___. RETURN OF UNUSED EMERGENCY FUNDS.

       (a) Return of Funds.--Any amount made available by this Act 
     to carry out a program that is designated as an emergency and 
     2 years after the date of enactment of this Act remains 
     available for obligation or has been obligated but not yet 
     spent shall be rescinded and returned to the Treasury to 
     reduce the deficit.
       (b) Program Termination.--Notwithstanding any other 
     provision of this Act, any new program authorized and funded 
     by this Act is terminated 2 years after the date of enactment 
     of this Act.
       (c) Match Sunset.--The 90/10 cost share provided in this 
     Act shall expire 2 years after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3373. Mr. LEE 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. __. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN 
                   CONNECTION WITH FEDERALLY DECLARED DISASTERS.

       (a) Tax-favored Withdrawals From Retirement Plans.--
       (1) In general.--Paragraph (2) of section 72(t) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:

[[Page S8145]]

       ``(H) Distributions from retirement plans in connection 
     with federally declared disasters.--Any qualified disaster 
     recovery distribution.''.
       (2) Qualified disaster recovery distribution.--Section 
     72(t) of such Code is amended by adding at the end the 
     following new paragraph:
       ``(11) Qualified disaster recovery distribution.--For 
     purposes of paragraph (2)(H)--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `qualified disaster recovery distribution' means, 
     with respect to any federally declared disaster, any 
     distribution from an eligible retirement plan made on or 
     after the applicable disaster date and before the date that 
     is 1 year after such date, to an individual whose principal 
     place of abode on the applicable disaster date, is located in 
     the disaster area and who has sustained an economic loss by 
     reason of such federally declared disaster.
       ``(B) Aggregate dollar limitation.--
       ``(i) In general.--For purposes of this subsection, the 
     aggregate amount of distributions received by an individual 
     which may be treated as qualified disaster recovery 
     distributions for any taxable year shall not exceed the 
     excess (if any) of--

       ``(I) $100,000, over
       ``(II) the sum of aggregate amounts treated as qualified 
     disaster recovery distributions received by such individual 
     for all prior taxable years, the aggregate amounts treated as 
     qualified hurricane distributions under section 1400Q(a), and 
     the aggregate amounts treated as qualified Disaster Recovery 
     Assistance distributions under section 701(d)(10) of the 
     Heartland Disaster Tax Relief Act of 2008.

       ``(ii) Treatment of plan distributions.--If a distribution 
     to an individual would (without regard to clause (i)) be a 
     qualified disaster recovery distribution, a plan shall not be 
     treated as violating any requirement of this title merely 
     because the plan treats such distribution as a qualified 
     disaster recovery distribution, unless the aggregate amount 
     of such distributions from all plans maintained by the 
     employer (and any member of any controlled group which 
     includes the employer) to such individual exceeds $100,000.
       ``(iii) Controlled group.--For purposes of clause (ii), the 
     term `controlled group' means any group treated as a single 
     employer under subsection (b), (c), (m), or (o) of section 
     414.
       ``(iv) Inflation adjustment.--In the case of any taxable 
     year beginning after 2012, each of the $100,000 amounts under 
     clauses (i) and (ii) shall be increased by an amount equal 
     to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     next highest multiple of $10,000.
       ``(C) Amount distributed may be repaid.--
       ``(i) In general.--Any individual who receives a qualified 
     disaster recovery distribution may, at any time during the 3-
     year period beginning on the day after the date on which such 
     distribution was received, make one or more contributions in 
     an aggregate amount not to exceed the amount of such 
     distribution to an eligible retirement plan of which such 
     individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as 
     the case may be.
       ``(ii) Treatment of repayments of distributions from 
     eligible retirement plans other than iras.--For purposes of 
     this title, if a contribution is made pursuant to clause (i) 
     with respect to a qualified disaster recovery distribution 
     from an eligible retirement plan other than an individual 
     retirement plan, then the taxpayer shall, to the extent of 
     the amount of the contribution, be treated as having received 
     the qualified disaster recovery distribution in an eligible 
     rollover distribution (as defined in section 402(c)(4)) and 
     as having transferred the amount to the eligible retirement 
     plan in a direct trustee to trustee transfer within 60 days 
     of the distribution.
       ``(iii) Treatment of repayments for distributions from 
     iras.--For purposes of this title, if a contribution is made 
     pursuant to clause (i) with respect to a qualified disaster 
     recovery distribution from an individual retirement plan (as 
     defined by section 7701(a)(37)), then, to the extent of the 
     amount of the contribution, the qualified disaster recovery 
     distribution shall be treated as a distribution described in 
     section 408(d)(3) and as having been transferred to the 
     eligible retirement plan in a direct trustee to trustee 
     transfer within 60 days of the distribution.
       ``(D) Income inclusion spread over 3-year period.--
       ``(i) In general.--In the case of any qualified disaster 
     recovery distribution, unless the taxpayer elects not to have 
     this paragraph apply for any taxable year, any amount 
     required to be included in gross income for such taxable year 
     shall be so included ratably over the 3-taxable year period 
     beginning with such taxable year.
       ``(ii) Special rule.--For purposes of clause (i), rules 
     similar to the rules of subparagraph (E) of section 
     408A(d)(3) shall apply.
       ``(E) Other definitions.--
       ``(i) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(ii) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.
       ``(iii) Eligible retirement plan.--The term `eligible 
     retirement plan' shall have the meaning given such term by 
     section 402(c)(8)(B).
       ``(F) Special rules.--
       ``(i) Exemption of distributions from trustee to trustee 
     transfer and withholding rules.--For purposes of sections 
     401(a)(31), 402(f), and 3405, qualified disaster recovery 
     distributions shall not be treated as eligible rollover 
     distributions.
       ``(ii) Qualified disaster recovery distributions treated as 
     meeting plan distribution requirements.--For purposes this 
     title, a qualified disaster recovery distribution shall be 
     treated as meeting the requirements of sections 
     401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 
     457(d)(1)(A).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to distributions with respect to disaster 
     declared after December 31, 2011.
       (b) Recontributions of Withdrawals for Home Purchases.--
       (1) Individual retirement plans.--Paragraph (8) of section 
     72(t) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(F) Recontributions.--
       ``(i) General rule.--

       ``(I) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make one or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in section 402(c)(8)(B)) of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may 
     be.
       ``(II) Treatment of repayments.--Rules similar to the rules 
     of clauses (ii) and (iii) of paragraph (11)(C) shall apply 
     for purposes of this subsection.

       ``(ii) Qualified distribution.--For purposes of this 
     subparagraph, the term `qualified distribution' means, with 
     respect to any federally declared disaster, any 
     distribution--

       ``(I) which is a qualified first-time homebuyer 
     distribution,
       ``(II) received on or after the date which is 6 months 
     before the applicable disaster date and before the date which 
     is the day after the applicable disaster date, and
       ``(III) which was to be used to purchase or construct a 
     principal residence in the disaster area, but which was not 
     so purchased or constructed on account of the federally 
     declared disaster.

       ``(iii) Applicable period.--For purposes of this 
     subparagraph, the term `applicable period' means the period 
     beginning on the applicable disaster date and ending on the 
     date which is 1 year after the applicable disaster date.
       ``(iv) Other definitions.--For purposes of this 
     subparagraph--

       ``(I) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(II) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.

       (2) Qualified plans.--Subsection (c) of section 402 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(12) Recontributions of withdrawals for home purchases.--
       ``(A) General rule.--
       ``(i) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make one or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in paragraph (8)(B)) of which 
     such individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under 
     subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3), 
     as the case may be.
       ``(ii) Treatment of repayments.--Rules similar to the rules 
     of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply 
     for purposes of this subsection.
       ``(B) Qualified distribution.--For purposes of this 
     paragraph, the term `qualified distribution' means, with 
     respect to any federally declared disaster, any 
     distribution--
       ``(i) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(ii) (but only to the extent such distribution 
     relates to financial hardship), or 403(b)(11)(B),
       ``(ii) received--

       ``(I) on or after the date which is 6 months before the 
     applicable disaster date, and
       ``(II) before the date which is the day after the 
     applicable disaster date, and

       ``(iii) which was to be used to purchase or construct a 
     principal residence in the disaster area, but which was not 
     so purchased or constructed on account of the federally 
     declared disaster.
       ``(C) Applicable period.--For purposes of this paragraph, 
     the term `applicable period'

[[Page S8146]]

     means the period beginning on the applicable disaster date 
     and ending on the date which is 1 year after the applicable 
     disaster date.
       ``(D) Other definitions.--For purposes of this paragraph--
       ``(i) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(ii) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to distributions with respect to disaster 
     declared after December 31, 2011.
       (c) Loans From Qualified Plans.--
       (1) In general.--Subsection (p) of section 72 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Increase in limit on loans not treated as 
     distributions.--
       ``(A) In general.--In the case of any loan from a qualified 
     employer plan to a qualified individual made during the 
     applicable period--
       ``(i) clause (i) of paragraph (2)(A) shall be applied by 
     substituting `$100,000' for `$50,000', and
       ``(ii) clause (ii) of such paragraph shall be applied by 
     substituting `the present value of the nonforfeitable accrued 
     benefit of the employee under the plan' for `one-half of the 
     present value of the nonforfeitable accrued benefit of the 
     employee under the plan'.
       ``(B) Delay of repayment.--In the case of a qualified 
     individual with an outstanding loan on or after the 
     applicable disaster date from a qualified employer plan--
       ``(i) if the due date pursuant to subparagraph (B) or (C) 
     of paragraph (2) for any repayment with respect to such loan 
     occurs during the period beginning on the applicable disaster 
     date and ending on the date which is 1 year after such date, 
     such due date shall be delayed for 1 year,
       ``(ii) any subsequent repayments with respect to any such 
     loan shall be appropriately adjusted to reflect the delay in 
     the due date under clause (i) and any interest accruing 
     during such delay, and
       ``(iii) in determining the 5-year period and the term of a 
     loan under subparagraph (B) or (C) of paragraph (2), the 
     period described in clause (i) shall be disregarded.
       ``(C) Inflation adjustment.--In the case of any taxable 
     year beginning after 2012, the $100,000 amounts under 
     subparagraph (A)(i)shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     next highest multiple of $10,000.
       ``(D) Definitions.--For purposes of this paragraph--
       ``(i) Qualified individual.--The term `qualified 
     individual' means, with respect to any federally declared 
     disaster, an individual whose principal place of abode on the 
     applicable disaster date is located in the disaster area and 
     who has sustained an economic loss by reason of such 
     federally declared disaster.
       ``(ii) Applicable period.--The applicable period is the 
     period beginning on the applicable disaster date and ending 
     on the date that is 1 year after such date.
       ``(iii) Federally declared disaster; disaster area.--The 
     terms `federally declared disaster' and `disaster area' have 
     the meanings given such terms under section 165(h)(3)(C).
       ``(iv) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to loans made with respect to disaster declared 
     after December 31, 2011.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any 
     amendment to any plan or annuity contract, such plan or 
     contract shall be treated as being operated in accordance 
     with the terms of the plan during the period described in 
     paragraph (2)(B)(i).
       (2) Amendments to which subsection applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any provision of, or amendment made by, 
     this section, or pursuant to any regulation issued by the 
     Secretary or the Secretary of Labor under any provision of, 
     or amendment made by, this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2014, or such later date as 
     the Secretary may prescribe.
     In the case of a governmental plan (as defined in section 
     414(d)), clause (ii) shall be applied by substituting the 
     date which is 2 years after the date otherwise applied under 
     clause (ii).
       (B) Conditions.--This subsection shall not apply to any 
     amendment unless--
       (i) during the period--

       (I) beginning on the date that the provisions of, and 
     amendments made by, this section or the regulation described 
     in subparagraph (A)(i) takes effect (or in the case of a plan 
     or contract amendment not required by the provisions of, or 
     amendments made by, this section or such regulation, the 
     effective date specified by the plan), and
       (II) ending on the date described in subparagraph (A)(ii) 
     (or, if earlier, the date the plan or contract amendment is 
     adopted),

     the plan or contract is operated as if such plan or contract 
     amendment were in effect; and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

     SEC. __. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR 
                   DISASTER RELIEF.

       (a) Individuals.--Paragraph (1) of section 170(b) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     subparagraphs (F) and (G) as subparagraphs (G) and (H), 
     respectively, and by inserting after subparagraph (E) the 
     following new subparagraph:
       ``(F) Qualified disaster contributions.--
       ``(i) In general.--Any qualified disaster contribution 
     shall be allowed to the extent that the aggregate of such 
     contributions does not exceed the excess of 80 percent of the 
     taxpayer's contribution base over the amount of all other 
     charitable contributions allowable under this paragraph.
       ``(ii) Carryover.--If the aggregate amount of contributions 
     described in clause (i) exceeds the limitation under clause 
     (i), such excess shall be treated (in a manner consistent 
     with the rules of subsection (d)(1)) as a charitable 
     contribution to which clause (i) applies in each of the 5 
     succeeding years in order of time.
       ``(iii) Coordination with other subparagraphs.--For 
     purposes of applying this subsection and subsection (d)(1), 
     contributions described in clause (i) shall not be treated as 
     described in subparagraphs (A) and such subparagraph shall be 
     applied without regard to such contributions.
       ``(iv) Qualified disaster contributions.--For purposes of 
     this subparagraph, the term `qualified disaster contribution' 
     means any charitable contribution if--

       ``(I) such contribution is made after the date of the 
     enactment of this paragraph,
       ``(II) such contribution is made in cash to an organization 
     described in subparagraph (A) (other than an organization 
     described in section 509(a)(3)), and
       ``(III) such contribution is for relief efforts related to 
     a federally declared disaster (as defined in section 
     165(h)(3)(C)(i)).

     Such term shall not include a contribution if the 
     contribution is for establishment of a new, or maintenance in 
     an existing, donor advised fund (as defined in section 
     4966(d)(2)).
       ``(v) Substantiation requirement.--This paragraph shall not 
     apply to any qualified disaster contribution unless the 
     taxpayer obtains from such organization to which the 
     contribution was made a contemporaneous written 
     acknowledgment (within the meaning of subsection (f)(8)) that 
     such contribution was used (or is to be used) for a purpose 
     described in clause (iv)(III).''.
       (b) Corporations.--
       (1) In general.--Paragraph (2) of section 170(b) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     subparagraph (C) as subparagraph (D) and by inserting after 
     subparagraph (B) the following new subparagraph:
       ``(C) Qualified disaster contributions.--
       ``(i) In general.--Any qualified disaster contribution 
     shall be allowed to the extent that the aggregate of such 
     contributions does not exceed the excess of 20 percent of the 
     taxpayer's taxable income over the amount of charitable 
     contributions allowed under subparagraph (A).
       ``(ii) Carryover.--If the aggregate amount of contributions 
     described in clause (i) exceeds the limitation under clause 
     (i), such excess shall be treated (in a manner consistent 
     with the rules of subsection (d)(1)) as a charitable 
     contribution to which clause (i) applies in each of the 5 
     succeeding years in order of time.
       ``(iii) Qualified disaster contribution.--The term 
     `qualified disaster contribution' has the meaning given such 
     term under paragraph (2)(F)(iv).
       ``(iv) Substantiation requirement.--This paragraph shall 
     not apply to any qualified disaster contribution unless the 
     taxpayer obtains from such organization to which the 
     contribution was made a contemporaneous written 
     acknowledgment (within the meaning of subsection (f)(8)) that 
     such contribution was used (or is to be used) for a purpose 
     described in paragraph (1)(F)(iv)(III).''.
       (2) Conforming amendments.--
       (A) Subparagraph (A) of section 170(b)(2) of such Code is 
     amended by striking ``subparagraph (B) applies'' and 
     inserting ``subparagraphs (B) and (C) apply''.
       (B) Subparagraph (B) of section 170(b)(2) of such Code is 
     amended by striking ``subparagraph (A)'' and inserting 
     ``subparagraphs (A) and (C)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. __. NONAPPLICATION OF DAVIS-BACON.

       The wage-rate requirements of subchapter IV of chapter 31 
     of part A of subtitle II of title 40, United States Code 
     (commonly referred to as the ``Davis-Bacon Act'') shall not 
     apply with respect to any project or program carried out in 
     whole or in part with Federal funds in any Federally declared 
     disaster

[[Page S8147]]

     area. This section shall apply to any project or program 
     contract entered into during the 1-year period beginning on 
     the date of disaster declaration involved.

     SEC. __. MANDATORY POSTPONEMENT OF DEADLINES BY REASON OF 
                   DISASTERS OR TERRORISTIC OR MILITARY ACTIONS.

       (a) In General.--Section 7508A of the Internal Revenue Code 
     of 1986 is amended by striking ``may specify a period of up 
     to 1 year'' each place it appears in subsections (a) and (B) 
     and inserting ``shall specify a period of 1 year''.
       (b) Conforming Amendments.--
       (1) The heading for section 7508A of such Code is amended 
     by striking ``AUTHORITY TO POSTPONE'' and inserting 
     ``POSTPONEMENT OF''.
       (2) The item relating to section 7508A in the table of 
     sections for chapter 77 of such Code is amended by striking 
     ``Authority to postpone'' and inserting ``Postponement of''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to disasters and terroristic or military actions 
     occurring on or after the date of the enactment of this Act.

     SEC. __. TEMPORARY SUSPENSION OF BOUTIQUE FUEL REQUIREMENT 
                   AND ETHANOL MANDATE.

       (a) Boutique Fuel Requirement.--Section 211(c)(4)(C) of the 
     Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
       (1) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (2) by adding at the end the following:
       ``(vii) Suspension.--The Administrator shall suspend a 
     control or prohibition respecting the use of a fuel or fuel 
     additive required or regulated by the Administrator pursuant 
     to this subsection for any area for which the President 
     declared a major disaster in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) during the 90-day period 
     beginning on the date of the declaration.''.
       (b) Ethanol Mandate.--Section 211(o)(7) of the Clean Air 
     Act (42 U.S.C. 7545(o)(7)) is amended by adding at the end 
     the following:
       ``(G) Suspension.--The Administrator shall suspend the 
     requirements of paragraph (2) for any area for which the 
     President declared a major disaster in accordance with 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170) during the 90-day 
     period beginning on the date of the declaration.''.

     SEC. __. OTHER RELIEF.

       Section 301 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141) is amended by 
     inserting ``at its own discretion or'' before ``if so 
     requested''.

     SEC. __. WAIVER OF CERTAIN REQUIREMENTS FOR VESSELS IN 
                   DISASTER AREAS.

       Notwithstanding section 501 of title 46, United States 
     Code, during the 3-month period beginning on the date of the 
     enactment of this Act, the provisions of sections 55102 and 
     55103 of title 46, United States Code, shall not apply to a 
     vessel that is delivering merchandise or transporting 
     passengers to a port--
       (1) in an area for which the President declared a disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.); or
       (2) designated by the Secretary of Homeland Security as a 
     port of significant importance to an area referred to in 
     paragraph (1).
                                 ______
                                 
  SA 3374. 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:

       After section 1105, insert the following:

     TITLE XII--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Citrus Disease Research 
     and Development Trust Fund Act of 2012''.

     SEC. 1202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) duties collected on imports of citrus and citrus 
     products have ranged from $50,000,000 to $87,000,000 annually 
     since 2004, and are projected to increase, as United States 
     production declines due to the effects of huanglongbing (also 
     known as ``HLB'' or ``citrus greening disease'') and imports 
     increase in response to the shortfall in the United States;
       (2) in cases involving other similarly situated 
     agricultural commodities, notably wool, the Federal 
     Government has chosen to divert a portion of the tariff 
     revenue collected on imported products to support efforts of 
     the domestic industry to address challenges facing the 
     industry;
       (3) citrus and citrus products are a highly nutritious and 
     healthy part of a balanced diet;
       (4) citrus production is an important part of the 
     agricultural economy in Florida, California, Arizona, and 
     Texas;
       (5) in the most recent years preceding the date of the 
     enactment of this Act, citrus fruits have been produced on 
     900,000 acres, yielding 11,000,000 tons of citrus products 
     with a value at the farm of more than $3,200,000,000;
       (6) the commercial citrus sector employs approximately 
     110,000 people and contributes approximately $13,500,000,000 
     to the United States economy;
       (7) the United States citrus industry has suffered billions 
     of dollars in damage from disease and pests, both domestic 
     and invasive, over the decade preceding the date of the 
     enactment of this Act, particularly from huanglongbing;
       (8) huanglongbing threatens the entire United States citrus 
     industry because the disease kills citrus trees;
       (9) as of the date of the enactment of this Act, there are 
     no cost effective or environmentally sound treatments 
     available to suppress or eradicate huanglongbing;
       (10) United States citrus producers working with Federal 
     and State governments have devoted tens of millions of 
     dollars toward research and efforts to combat huanglongbing 
     and other diseases and pests, but more funding is needed to 
     develop and commercialize disease and pest solutions;
       (11) although imports constitute an increasing share of the 
     United States market, importers of citrus products into the 
     United States do not directly fund production research in the 
     United States;
       (12) disease and pest suppression technologies require 
     determinations of safety and solutions must be commercialized 
     before use by citrus producers;
       (13) the complex processes involved in discovery and 
     commercialization of safe and effective pest and disease 
     suppression technologies are expensive and lengthy and the 
     need for the technologies is urgent; and
       (14) research to develop solutions to suppress 
     huanglongbing, or other domestic and invasive pests and 
     diseases will benefit all citrus producers and consumers 
     around the world.
       (b) Purposes.--The purposes of this title are--
       (1) to authorize the establishment of a trust funded by 
     certain tariff revenues to support scientific research, 
     technical assistance, and development activities to combat 
     citrus diseases and pests, both domestic and invasive, 
     harming the United States; and
       (2) to require the President to notify the chairperson and 
     ranking member of the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives before entering into any trade agreement that 
     would decrease the amount of duties collected on imports of 
     citrus products to less than the amount necessary to provide 
     the grants authorized by section 1001(d) of the Trade Act of 
     1974, as added by section 1203(a) of this Act.
       (c) Effect on Other Activities.--Nothing in this title 
     restricts the use of any funds for scientific research and 
     technical activities in the United States.

     SEC. 1203. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST 
                   FUND.

       (a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et 
     seq.) is amended by adding at the end the following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

     ``SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST 
                   FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the `Citrus 
     Disease Research and Development Trust Fund' (in this section 
     referred to as the `Trust Fund'), consisting of such amounts 
     as may be transferred to the Trust Fund under subsection 
     (b)(1) and any amounts that may be credited to the Trust Fund 
     under subsection (d)(2).
       ``(b) Transfer of Amounts.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     of the Treasury shall transfer to the Trust Fund, from the 
     general fund of the Treasury, amounts determined by the 
     Secretary to be equivalent to amounts received in the general 
     fund that are attributable to the duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States.
       ``(2) Limitation.--The amount transferred to the Trust Fund 
     under paragraph (1) in any fiscal year may not exceed the 
     lesser of--
       ``(A) an amount equal to \1/3\ of the amount attributable 
     to the duties received on articles described in paragraph 
     (1); or
       ``(B) $30,000,000.
       ``(c) Availability of Amounts in Trust Fund.--
       ``(1) Amounts available until expended.--Amounts in the 
     Trust Fund shall remain available until expended without 
     further appropriation.
       ``(2) Availability for citrus disease research and 
     development expenditures.--Amounts in the Trust Fund shall be 
     available to the Secretary of Agriculture--
       ``(A) for expenditures relating to citrus disease research 
     and development under section 104 of the Citrus Disease 
     Research and Development Trust Fund Act of 2012, including 
     costs relating to contracts or other agreements entered into 
     to carry out citrus disease research and development; and
       ``(B) to cover administrative costs incurred by the 
     Secretary in carrying out the provisions of that Act.
       ``(d) Investment of Trust Fund.--
       ``(1) In general.--The Secretary of the Treasury shall 
     invest such portion of the Trust Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations

[[Page S8148]]

     guaranteed as to both principal and interest by the United 
     States. Such obligations may be acquired on original issue at 
     the issue price or by purchase of outstanding obligations at 
     the market price. Any obligation acquired by the Trust Fund 
     may be sold by the Secretary of the Treasury at the market 
     price.
       ``(2) Interest and proceeds from sale or redemption of 
     obligations.--The interest on, and the proceeds from the sale 
     or redemption of, any obligations held in the Trust Fund 
     shall be credited to and form a part of the Trust Fund.
       ``(e) Reports to Congress.--Not later than January 15, 
     2013, and each year thereafter until the year after the 
     termination of the Trust Fund, the Secretary of the Treasury, 
     in consultation with the Secretary of Agriculture, shall 
     submit to Congress a report on the financial condition and 
     the results of the operations of the Trust Fund that 
     includes--
       ``(1) a detailed description of the amounts disbursed from 
     the Trust Fund in the preceding fiscal year and the manner in 
     which those amounts were expended;
       ``(2) an assessment of the financial condition and the 
     operations of the Trust Fund for the current fiscal year; and
       ``(3) an assessment of the amounts available in the Trust 
     Fund for future expenditures.
       ``(f) Remission of Surplus Funds.--The Secretary of the 
     Treasury may remit to the general fund of the Treasury such 
     amounts as the Secretary of Agriculture reports to be in 
     excess of the amounts necessary to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.
       ``(g) Sunset Provision.--The Trust Fund shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of the Citrus Disease Research and 
     Development Trust Fund Act of 2012 and all amounts in the 
     Trust Fund on December 31 of that fifth calendar year shall 
     be transferred to the general fund of the Treasury.

     ``SEC. 1002. REPORTS REQUIRED BEFORE ENTERING INTO CERTAIN 
                   TRADE AGREEMENTS.

       ``The President shall notify the chairperson and ranking 
     member of the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     not later than 90 days before entering into a trade agreement 
     if the President determines that entering into the trade 
     agreement could result--
       ``(1) in a decrease in the amount of duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States; and
       ``(2) in a decrease in the amount of funds being 
     transferred into the Citrus Disease Research and Development 
     Trust Fund under section 1001 so that amounts available in 
     the Trust Fund are insufficient to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by adding at the end the 
     following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

``Sec. 1001. Citrus Disease Research and Development Trust Fund.
``Sec. 1002. Reports required before entering into certain trade 
              agreements.''.

     SEC. 1204. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND 
                   ADVISORY BOARD.

       (a) Purpose.--The purpose of this section is to establish 
     an orderly procedure and financing mechanism for the 
     development of an effective and coordinated program of 
     research and product development relating to--
       (1) scientific research concerning diseases and pests, both 
     domestic and invasive, afflicting the citrus industry; and
       (2) support for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Citrus Disease 
     Research and Development Trust Fund established under section 
     1001 of the Trade Act of 1974, as added by section 1203(a) of 
     this Act, or through other research projects intended to 
     solve problems caused by citrus production diseases and 
     invasive pests.
       (b) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Citrus Disease 
     Research and Development Trust Fund Advisory Board 
     established under this section.
       (2) Citrus.--
       (A) In general.--The term ``citrus'' means edible fruit of 
     the family Rutaceae, commonly called ``citrus''.
       (B) Inclusion.--The term ``citrus'' includes all citrus 
     hybrids and products of citrus hybrids that are produced for 
     commercial purposes in the United States.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Person.--The term ``person'' means any individual, 
     group of individuals, firm, partnership, corporation, joint 
     stock company, association, cooperative, or other legal 
     entity.
       (5) Producer.--The term ``producer'' means any person that 
     is engaged in the domestic production and commercial sale of 
     citrus in the United States.
       (6) Program.--The term ``program'' means the citrus 
     research and development program authorized under this 
     section.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
     Disease Research and Development Trust Fund established under 
     section 1001 of the Trade Act of 1974, as added by section 
     1203(a) of this Act.
       (c) Implementation.--
       (1) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.
       (2) Citrus advisory board.--
       (A) Establishment and membership.--
       (i) Establishment.--The Citrus Disease Research and 
     Development Trust Fund Advisory Board shall consist of 9 
     members.
       (ii) Membership.--The members of the Board shall be 
     appointed by the Secretary.
       (iii) Status.--Members of the Board represent the interests 
     of the citrus industry and shall not be considered officers 
     or employees of the Federal Government solely due to 
     membership on the Board.
       (B) Distribution of appointments.--The membership of the 
     Board shall consist of--
       (i) 5 members who are domestic producers of citrus in 
     Florida;
       (ii) 3 members who are domestic producers of citrus in 
     Arizona or California; and
       (iii) 1 member who is a domestic producer of citrus in 
     Texas.
       (C) Consultation.--Prior to making appointments to the 
     Board, the Secretary shall consult with organizations 
     composed primarily of citrus producers to receive advice and 
     recommendations regarding Board membership.
       (D) Board vacancies.--
       (i) In general.--The Secretary shall appoint a new Board 
     member to serve the remainder of a term vacated by a 
     departing Board member.
       (ii) Requirements.--When filling a vacancy on the Board, 
     the Secretary shall--

       (I) appoint a citrus producer from the same State as the 
     Board member being replaced; and
       (II) prior to making an appointment, consult with 
     organizations in that State composed primarily of citrus 
     producers to receive advice and recommendations regarding the 
     vacancy.

       (E) Terms.--
       (i) In general.--Except as provided in clause (ii), each 
     term of appointment to the Board shall be for 5 years.
       (ii) Initial appointments.--In making initial appointments 
     to the Board, the Secretary shall appoint \1/3\ of the 
     members to terms of 1, 3, and 5 years, respectively.
       (F) Disqualification from board service.--If a member or 
     alternate of the Board who was appointed as a domestic 
     producer ceases to be a producer in the State from which the 
     member was appointed, or fails to fulfill the duties of the 
     member according to the rules established by the Board under 
     paragraph (4)(A)(ii), the member or alternate shall be 
     disqualified from serving on the Board.
       (G) Compensation.--
       (i) In general.--The members of the Board shall serve 
     without compensation, other than travel expenses described in 
     clause (ii).
       (ii) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (3) Powers.--
       (A) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (B) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (C) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     the services of volunteers serving without compensation.
       (D) Technical and logistical support.--Subject to the 
     availability of funds, the Secretary shall provide to the 
     Board technical and logistical support through contract or 
     other means, including--
       (i) procuring the services of experts and consultants in 
     accordance with section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the highest rate payable under section 5332 of 
     that title; and
       (ii) entering into contracts with departments, agencies, 
     and instrumentalities of the Federal Government, State 
     agencies, and private entities for the preparation of 
     reports, surveys, and other activities.
       (E) Detail of federal government employees.--
       (i) In general.--An employee of the Federal Government may 
     be detailed to the Commission on a reimbursable or 
     nonreimbursable basis.
       (ii) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (F) General services administration.--The Administrator of 
     General Services shall provide to the Board on a reimbursable 
     basis administrative support and other services for the 
     performance of the duties of the Board.
       (G) Other departments and agencies.--Departments and 
     agencies of the United States may provide to the Board such 
     services, funds, facilities, staff, and other support 
     services as may be appropriate.

[[Page S8149]]

       (4) General responsibilities of the board.--
       (A) In general.--The regulations promulgated by the 
     Secretary shall define the general responsibilities of the 
     Board, which shall include the responsibilities--
       (i) to meet, organize, and select from among the members of 
     the Board a chairperson, other officers, and committees and 
     subcommittees, as the Board determines to be appropriate;
       (ii) to adopt and amend rules and regulations governing the 
     conduct of the activities of the Board and the performance of 
     the duties of the Board;
       (iii) to hire such experts and consultants as the Board 
     considers necessary to enable the Board to perform the duties 
     of the Board;
       (iv) to advise the Secretary on citrus research and 
     development needs;
       (v) to propose a research and development agenda and annual 
     budgets for the Trust Fund;
       (vi) to evaluate and review ongoing research funded by 
     Trust Fund;
       (vii) to engage in regular consultation and collaboration 
     with the Department and other institutional, governmental, 
     and private actors conducting scientific research into the 
     causes or treatments of citrus diseases and pests, both 
     domestic and invasive, so as to--

       (I) maximize the effectiveness of the activities;
       (II) hasten the development of useful treatments; and
       (III) avoid duplicative and wasteful expenditures; and

       (viii) to provide the Secretary with such information and 
     advice as the Secretary may request.
       (5) Citrus research and development agenda and budgets.--
       (A) In general.--The Board shall submit annually to the 
     Secretary a proposed research and development agenda and 
     budget for the Trust Fund, which shall include--
       (i) an evaluation of ongoing research and development 
     efforts;
       (ii) specific recommendations for new citrus research 
     projects;
       (iii) a plan for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Trust Fund; and
       (iv) a justification for Trust Fund expenditures.
       (B) Affirmative support required.--A research and 
     development agenda and budget may not be submitted by the 
     Board to the Secretary without the affirmative support of at 
     least 7 members of the Board.
       (C) Secretarial approval.--
       (i) In general.--Not later than 60 days after receiving the 
     proposed research and development agenda and budget from the 
     Board and consulting with the Board, the Secretary shall 
     finalize a citrus research and development agenda and Trust 
     Fund budget.
       (ii) Considerations.--In finalizing the agenda and budget, 
     the Secretary shall--

       (I) due to the proximity of citrus producers to the effects 
     of diseases such as huanglongbing and the quickly evolving 
     nature of scientific understanding of the effect of the 
     diseases on citrus production, give strong deference to the 
     proposed research and development agenda and budget from the 
     Board; and
       (II) take into account other public and private citrus-
     related research and development projects and funding.

       (D) Report to congress.--Each year, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Finance of the Senate a report that includes--
       (i) the most recent citrus research and development agenda 
     and budget of the Secretary;
       (ii) an analysis of how, why, and to what extent the agenda 
     and budget finalized by the Secretary differs from the 
     proposal of the Board;
       (iii) an examination of new developments in the spread and 
     control of citrus diseases and pests;
       (iv) a discussion of projected research needs; and
       (v) a review of the effectiveness of the Trust Fund in 
     achieving the purpose described in subsection (a).
       (6) Contracts and agreements.--To ensure the efficient use 
     of funds, the Secretary may enter into contracts or 
     agreements with public or private entities for the 
     implementation of a plan or project for citrus research.
       (d) Administrative Costs.--Each fiscal year, the Secretary 
     may transfer up to $2,000,000 of amounts in the Trust Fund to 
     the Board for expenses incurred by the Board in carrying out 
     the duties of the Board.
       (e) Termination of Board.--The Board shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act.

     SEC. 1205. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       Notwithstanding section 6655 of the Internal Revenue Code 
     of 1986--
       (1) in the case of a corporation with assets of not less 
     than $1,000,000,000 (determined as of the end of the 
     preceding taxable year), the amount of any required 
     installment of corporate estimated tax which is otherwise due 
     in July, August, or September of 2017 shall be increased by 
     0.25 percent of such amount (determined without regard to any 
     increase in such amount not contained in such Code); and
       (2) the amount of the next required installment after an 
     installment referred to in paragraph (1) shall be 
     appropriately reduced to reflect the amount of the increase 
     by reason of such paragraph.

     SEC. 1206. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by adding at the end the following:
       ``(C)(i) Notwithstanding subparagraph (A), fees may be 
     charged under paragraphs (9) and (10) of subsection (a) 
     during the period beginning on October 23, 2021, and ending 
     on November 6, 2021.
       ``(ii) Notwithstanding subparagraph (B)(i), fees may be 
     charged under paragraphs (1) through (8) of subsection (a) 
     during the period beginning on October 30, 2021, and ending 
     on November 13, 2021.''.
                                 ______
                                 
  SA 3375. 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) 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.
                                 ______
                                 
  SA 3376. 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. __. NONAPPLICATION OF DAVIS-BACON.

       None of the funds made available under this Act (or an 
     amendment made by this Act) may be used to administer or 
     enforce the wage-rate requirements of subchapter IV of 
     chapter 31 of part A of subtitle II of title 40, United 
     States Code (commonly referred to as the ``Davis-Bacon Act'') 
     with respect to any project or program funded, in whole or in 
     part, under this Act (or amendment).
                                 ______
                                 
  SA 3377. 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, 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;

[[Page S8150]]

       (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.
                                 ______
                                 
  SA 3378. Mr. COBURN 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. ___.  Section 406(b)(1) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5172(b)(1)) is amended--
       (1) in the paragraph heading, by striking ``Minimum''; and
       (2) by striking ``not less than'' and inserting ``not more 
     than 75 percent''.
                                 ______
                                 
  SA 3379. 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 45, strike lines 9 through 20 and insert the 
     following:
       ``(f) Waiver Authority.--Until such time as the 
     Administrator promulgates regulations to implement this 
     section, the Administrator may--
       ``(1) waive notice and comment rule making requirements if 
     the Administrator determines the waiver to be necessary to 
     expeditiously implement this section; and
       ``(2) may carry out the alternative procedures under this 
     section as a pilot program during the 3-year period beginning 
     on the date of enactment of the Disaster Recovery Act of 
     2012.
       ``(g) Reimbursement.--The guidelines for reimbursement for 
     costs under subsection (e)(2)(D) shall assure 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.).
       ``(h) Sunset of Repair, Restoration, and Replacement 
     Procedures.--The authority of the Administrator to administer 
     assistance under the procedures described in subsection 
     (e)(1) shall terminate 5 years after the date of enactment of 
     this Act.
       ``(i) Report.--Not earlier than 3 years, and not later than 
     5 years, after the date of enactment of this section, the 
     Inspector General of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the alternative procedures for 
     the repair, restoration, and replacement of damaged 
     facilities under section 406 authorized under this section, 
     which shall assess the effectiveness of the alternative 
     procedures, including--
       ``(1) whether the alternative procedures helped to improve 
     the general speed of disaster recovery;
       ``(2) the accuracy of the estimates relied upon;
       ``(3) whether the financial incentives and disincentives 
     were effective;
       ``(4) whether the alternative procedures were cost-
     effective;
       ``(5) whether the independent expert panel described in 
     subsection (e)(1)(E) was effective; and
       ``(6) recommendations for whether the alternative 
     procedures should be continued and any recommendations for 
     changes to the alternative procedures.''.
                                 ______
                                 
  SA 3380. 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 62, between lines 23 and 24, insert the following:
       (l) Enhancing Response and Recovery Operations and 
     Programs.--
       (1) In general.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 526. ADMINISTRATION OF RESPONSE AND RECOVERY 
                   OPERATIONS AND PROGRAMS.

       ``(a) Definitions.--In this section--
       ``(1) the term `annuitant' means an annuitant under a 
     Government retirement system;
       ``(2) the terms `deployed' and `deployment' mean the 
     performance of services under the response and recovery 
     operations and programs of the Agency, including exercises 
     and training for such operations and programs;
       ``(3) the term `disaster reserve workforce' means the 
     disaster reserve workforce established under subsection (b);
       ``(4) the term `employee' has the meaning given under 
     section 2105 of title 5, United States Code;
       ``(5) the term `employee designated for short term 
     deployments' means an employee hired under section 306(b)(1) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5149(b)(1)) designated only for 
     short-term deployments;
       ``(6) the term `Government retirement system' means a 
     retirement system established by law for employees of the 
     Government of the United States;
       ``(7) the term `major project' means any project for which 
     the total costs are greater than $400,000;
       ``(8) the term `permanent seasonal employee' means an 
     employee, including an employee hired under section 306(b)(1) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5149(b)(1)), working under seasonal 
     employment as defined under section 340.401 of title 5 of the 
     Code of Federal Regulations or any successor regulation;
       ``(9) the term `reservist' means an employee who is a 
     member of the disaster reserve workforce;
       ``(10) the term `response and recovery operations and 
     programs' means response operations and programs and recovery 
     operations and programs;
       ``(11) the term `response operations and programs' means 
     operations and programs that involve taking immediate actions 
     to save lives, protect property or the environment, or meet 
     basic human needs;
       ``(12) the term `recovery operations and programs' means 
     operations and programs to support and enable recovery, as 
     defined in section 501 of the Homeland Security Act of 2002; 
     and
       ``(13) the term `term employee' means an employee, 
     including an employee hired under section 306(b)(1) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5149(b)(1)), who is appointed to a term of 1 
     or more years.
       ``(b) Disaster Reserve Workforce.--In order to provide 
     efficiency, continuity, quality, and accuracy in services 
     performed under response and recovery operations and programs 
     there is within the Agency a disaster reserve workforce, 
     which shall be used to supplement the work of permanent full-
     time employees of the Agency on response and recovery 
     operations and programs.
       ``(c) Provision of Services Performed Under Response and 
     Recovery Operations and Programs.--
       ``(1) In general.--The Administrator shall ensure that the 
     disaster reserve workforce can rapidly and efficiently deploy 
     qualified, skilled, and trained reservists for a sufficiently 
     long period to provide continuity in response and recovery 
     operations and programs.
       ``(2) Management and implementation.--
       ``(A) In general.--Sufficient numbers of qualified 
     permanent full-time employees of

[[Page S8151]]

     the Agency shall lead and manage the disaster reserve 
     workforce and implement response and recovery operations and 
     programs, including leading individual major projects under 
     sections 404, 406, and 407 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c, 5172, 
     and 5173).
       ``(B) Disaster reserve workforce.--The disaster reserve 
     workforce shall include--
       ``(i) term employees;
       ``(ii) permanent seasonal employees;
       ``(iii) employees designated for short-term deployments;
       ``(iv) employees of the Department who are not employees of 
     the Agency; and
       ``(v) employees of other Federal agencies.
       ``(C) Reliance on certain employees.--In supporting the 
     work of permanent full-time employees, the Administrator--
       ``(i) shall rely to the greatest extent possible on term 
     employees and permanent seasonal employees deployed for long 
     periods of time in order to help ensure greater efficiency, 
     continuity, quality, and accuracy in services performed under 
     recovery operations and programs; and
       ``(ii) may use discretion to deploy the reservists most 
     able to ensure the greatest efficiency, continuity, quality, 
     and accuracy in services performed under response and 
     recovery operations and programs.
       ``(3) Policies and procedures.--In order to ensure that 
     efficient, continuous, and accurate services are provided 
     under response and recovery operations and programs, not 
     later than 180 days after the date of enactment of this 
     section, the Administrator shall develop--
       ``(A) staffing policies and procedures that provide for the 
     management of response and recovery operations and programs 
     by sufficient numbers of permanent full-time senior-level 
     officials;
       ``(B) plans to recruit individuals who reside in the area 
     affected by a major disaster when long-term recovery efforts 
     are needed; and
       ``(C) policies and procedures relating to sections 403, 
     404, 406, 407, and 502 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5170c, 
     5172, 5173, and 5192).
       ``(4) Minimum standards and guidelines for the disaster 
     reserve workforce.--
       ``(A) Standards and guidelines.--Not later than 180 days 
     after the date of enactment of this section, the 
     Administrator shall develop standards and guidelines for the 
     disaster reserve workforce, including--
       ``(i) setting appropriate mandatory before and after 
     disaster training requirements;
       ``(ii) establishing the minimum number of days annually an 
     individual is required to deploy in a year during which there 
     is sufficient work for members of the disaster reserve 
     workforce;
       ``(iii) providing for a reasonably long time period for 
     deployment to ensure continuity in operations; and
       ``(iv) establishing performance requirements, including for 
     the timely and accurate resolution of issues and projects.
       ``(B) Maintaining membership in the disaster reserve 
     workforce.--In order to maintain membership in the disaster 
     reserve workforce, a reservist shall--
       ``(i) be credentialed in accordance with section 510; and
       ``(ii) meet all minimum standards and guidelines 
     established under subparagraph (A)--

       ``(I) for term employees, before being appointed to a term 
     in the disaster reserve workforce; and
       ``(II) annually for all other reservists.

       ``(C) Evaluation system.--In consultation with the Director 
     of the Office of Personnel Management, the Administrator 
     shall develop and implement a system to continuously evaluate 
     reservists to ensure that all minimum standards and 
     guidelines under this paragraph are satisfied annually by all 
     reservists. Chapter 43 of title 5, United States Code, shall 
     not apply to reservists covered under the system developed 
     and implemented under this subparagraph.
       ``(5) Contractors.--Not later than 180 days after the date 
     of enactment of this section, the Administrator, in 
     conjunction with the Chief Human Capital Officer of the 
     Agency, shall establish policies and procedures for 
     contractors that support response and recovery operations and 
     programs, which shall ensure that the contractors have 
     appropriate skills, training, knowledge, and experience for 
     assigned tasks, including by ensuring that the contractors 
     meet training, credentialing, and performance requirements 
     similar to the requirements for reservists.
       ``(6) Reemployed annuitants.--
       ``(A) In general.--In appointing reservists to the disaster 
     reserve workforce, the application of sections 8344 and 8468 
     of title 5, United States Code, (relating to annuities and 
     pay on reemployment) or any other similar provision of law 
     under a Government retirement system may be waived by the 
     Administrator for annuitants reemployed on deployments 
     involving a direct threat to life or property or other 
     unusual circumstances for the entirety of the deployment.
       ``(B) Limitations.--The authority under subparagraph (A)--
       ``(i) is granted to assist the Administrator in 
     establishing and effectively operating the disaster reserve 
     workforce if--

       ``(I) no other qualified applicant is available for a 
     reservist position; or
       ``(II) if the employment of an annuitant would serve the 
     mission of the Agency by gaining the benefit of the 
     institutional knowledge and experience of the annuitant; and

       ``(ii) may be exercised only--

       ``(I) with respect to natural disasters, acts of terrorism, 
     or other man-made disasters, including catastrophic 
     incidents; and
       ``(II) if the applicant will not accept the position 
     without a waiver.

       ``(C) Guidelines and limitations.--Before the Administrator 
     may exercise the authority under subparagraph (A), the 
     Administrator shall establish guidelines and limitations on 
     the appointment of annuitants under that subparagraph in 
     order to manage the need for annuitant experience with 
     workforce growth, succession planning, and fiscal 
     responsibilities.
       ``(D) Not employee for retirement purposes.--An annuitant 
     to whom a waiver under subparagraph (A) is in effect shall 
     not be considered an employee for purposes of any Government 
     retirement system.
       ``(7) Permanent employment positions.--
       ``(A) In general.--An employee hired under section 
     306(b)(1) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5149(b)(1)) and a member 
     of the FEMA corps of the National Civilian Community Corps 
     who completes the terms of service of the member pursuant to 
     the interagency agreement between the Federal Emergency 
     Management Agency and the Corporation for National and 
     Community Service may compete for permanent positions in the 
     Agency under merit promotion procedures. The actual time 
     deployed as an employee or member shall be considered 
     creditable service for purposes of such competition and shall 
     be calculated, for purposes of section 8411 of title 5, 
     United States Code, by dividing the total number of days of 
     service as a reservist by 365 to obtain the number of years 
     of service and dividing any remainder by 30 to obtain the 
     number of additional months of service and excluding from the 
     aggregate the fractional part of a month, if any.
       ``(B) Consideration.--In evaluating a reservist hired under 
     section 306(b)(1) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) for a 
     potential permanent employment position, the Administrator 
     shall consider the qualifications of, and performance as a 
     reservist by, the reservist, including the ability of the 
     reservist to timely, accurately, and creatively resolve 
     issues and projects when deployed.
       ``(C) Effective date and application.--This paragraph 
     shall--
       ``(i) take effect on the date on which the Administrator 
     implements the evaluation system under paragraph (4)(C); and
       ``(ii) apply to periods of service performed after that 
     date.
       ``(8) No impact on agency personnel ceiling.--Reservists 
     shall not be counted against any personnel ceiling limitation 
     applicable to the Agency.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 525 the following:

``Sec. 526. Administration of response and recovery operations and 
              programs.''.
       (3) Permanent seasonal employees.--Section 306(b) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5149(b)) is amended--
       (A) in paragraph (1), by inserting ``or permanent seasonal 
     employees (as that term is defined under section 526(a)(8) of 
     the Homeland Security Act of 2002)'' after ``temporary 
     personnel''; and
       (B) in paragraph (3), by inserting ``or the employment of 
     permanent seasonal employees (as that term is defined under 
     section 526(a)(8) of the Homeland Security Act of 2002)'' 
     after ``additional personnel''.
                                 ______
                                 
  SA 3381. Mr. CONRAD 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.

       On page 85, line 9, strike ``That, of'' and all that 
     follows through ``2012:'' on line 15 and insert the 
     following: ``That, of the amount provided under this heading, 
     $500,000,000 shall be used to address the unmet needs of 
     impacted areas resulting from a major disaster declared 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) or for 
     small, economically distressed areas with a disaster declared 
     in 2011 or 2012: Provided further, That the amounts provided 
     under the preceding proviso are designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:''.

                          ____________________