[Congressional Record Volume 157, Number 156 (Tuesday, October 18, 2011)]
[Senate]
[Pages S6633-S6638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
              RELATED AGENCIES APPROPRIATIONS ACT OF 2012

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 2112, which the clerk will report by 
title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2112) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2012, and for other purposes.

  Pending:

       Reid (for Inouye) amendment No. 738, making appropriations 
     for Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies programs for the fiscal 
     year ending September 30, 2012.
       Reid (for Webb) amendment No. 750 (to amendment No. 738), 
     to establish the National Criminal Justice Commission.
       Kohl amendment No. 755 (to amendment No. 738), to require a 
     report on plans to implement reductions to certain salaries 
     and expenses accounts.
       Cornyn amendment No. 775 (to amendment No. 738), to 
     prohibit funding for Operation Fast and Furious or similar 
     ``gun walking'' programs.
       Durbin (for Murray) amendment No. 772 (to amendment No. 
     738), to strike a section providing for certain exemptions 
     from environmental requirements for the reconstruction of 
     highway facilities damaged by natural disasters or 
     emergencies.

  The PRESIDING OFFICER. The Senator from Arizona.


         Amendments Nos. 739, 740, and 741 to Amendment No. 738

  Mr. McCAIN. Mr. President, I ask unanimous consent to temporarily set 
aside the pending amendment for the purposes of calling up amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Mr. President, I call up three amendments numbered 739, 
740, and 741 and ask unanimous consent that they be reported by number.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain] proposes amendments 
     en bloc numbered 739, 740, 741 to amendment number 738.

  The amendments are as follows:


                           AMENDMENT NO. 739

 (Purpose: To ensure that the critical surface transportation needs of 
 the United States are made a priority by prohibiting funds from being 
  used on lower-priority projects, such as transportation museums and 
                              landscaping)

       At the appropriate place in division C, insert the 
     following:
       Sec. __.  None of the amounts made available under this 
     division may be used for--
       (1) scenic or historic highway programs, including tourist 
     and welcome centers;
       (2) landscaping or scenic beautification;
       (3) historic preservation;
       (4) rehabilitation or operation of historic transportation 
     buildings, structures, or facilities;
       (5) control or removal of outdoor advertising;
       (6) archaeological planning or research; or
       (7) the establishment of transportation museums.


                           amendment NO. 740

(Purpose: To eliminate funding for the trade adjustment assistance for 
                             firms program)

       In the matter under the heading ``economic development 
     assistance programs'' under the heading ``Economic 
     Development Administration'' in title I of division B, strike 
     ``, for trade adjustment assistance, and for grants 
     authorized by section 27 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by 
     section 603 of the America COMPETES Reauthorization Act of 
     2010 (Public Law 111-358), $220,000,000'' and insert ``and 
     for grants authorized by section 27 of the Stevenson-

[[Page S6634]]

     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et 
     seq.), as added by section 603 of the America COMPETES 
     Reauthorization Act of 2010 (Public Law 111-358), 
     $204,200,000''.


                           AMENDMENT NO. 741

(Purpose: To prohibit the use of appropriated funds to construct, fund, 
 install, or operate certain ethanol blender pumps and ethanol storage 
                              facilities)

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  None of the funds made available by this Act 
     shall be used to construct, fund, install, or operate an 
     ethanol blender pump or an ethanol storage facility, 
     including--
       (1) funds in any trust fund to which funds are made 
     available by Federal law; and
       (2) any funds made available under the Rural Energy for 
     America Program established under section 9007 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8107).

  Mr. McCAIN. I yield the floor.
  Mr. KOHL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CORNYN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 775

  Mr. CORNYN. Yesterday, I introduced my amendment to the pending 
Commerce-Justice appropriations bill, and I would like to briefly 
explain this amendment for my colleagues.
  This amendment is designed to basically cut off any future funds that 
might be made available under this appropriations bill to fund the 
Department of Justice's program now notoriously known as Fast and 
Furious. This would prohibit the taxpayer funding of operations where 
Federal law enforcement personnel knowingly cause the transfer of 
firearms to drug cartel agents and intentionally fail to monitor those 
weapons.
  On December 14, 2010, U.S. Border Patrol Agent Brian Terry was gunned 
down on the southern border while attempting to apprehend members of a 
predatory criminal gang that operated in Arizona's Peck Canyon. A 
congressional investigation and several news reports have confirmed 
that some of the guns used in that attack actually came from gun 
dealers in the United States, and the guns were actually put in the 
hands of the agents of the cartels and allowed to cross the border with 
the full knowledge of officials associated with the U.S. Government, 
most notably the Bureau of Alcohol, Tobacco, and Firearms, and the U.S. 
Attorney's Office in Arizona, although it is unknown at this point how 
far up in the chain of command knowledge of this program went. But that 
is another story for another time.
  The American people and their representatives in Congress have begun 
asking, after the death of Brian Terry, what happened under this Fast 
and Furious Program and who will be held accountable. Answers to those 
questions have been very slow in coming, and some have been 
contradictory. But the more questions that were raised, the more 
questions came up.
  One question is, of course, who authorized Fast and Furious and why? 
According to congressional investigations led on this side of the 
Capitol by Senator Grassley and on the other side of the Capitol by 
Congressman Darrell Issa, this Fast and Furious Program began in 2009 
in the Phoenix field office of the Bureau of Alcohol, Tobacco, and 
Firearms, under the direct supervision of the U.S. attorney for the 
District of Arizona, and instructed Phoenix-area firearms dealers to go 
through with sales of nearly 2,000 weapons to persons suspected of 
working as straw purchasers on behalf of Mexican drug cartels. The 
logical question is, Why in the world would such a misguided program be 
initiated and who would be held accountable?
  Another question is, Who objected to Fast and Furious, and why were 
those objections not taken seriously? Congressional investigations have 
found that many firearms dealers actually contacted the ATF and 
expressed their concerns about who was buying these guns and in whose 
hands they might end up. Multiple ATF agents have testified that they 
openly protested their orders to actually let these guns walk across 
the border into the hands of the cartels when they were told to break 
off surveillance of those illegally purchased weapons, because they 
suspected what eventually did happen: that no good would come of Fast 
and Furious.
  Brian Terry lost his life as a result of this misguided program.
  Weapons from the Fast and Furious Program have shown up at about 11 
different crime scenes in the United States. So the questions I have 
relate to why weren't the voices of the people in the field who first 
raised objections or concerns about this program heard?
  Another question my constituents in Texas have been asking is: Have 
similar gun-walking practices occurred in our State?
  According to published reports, Houston-based firearms dealer 
Carter's Country revealed that its store clerks had been ordered to go 
through with a sale of weapons to suspicious persons who may have been 
working as ``straw purchasers'' from Mexican drug cartels. Some of the 
weapons purchased from Carter's Country have been recovered at the 
scene of violent crimes in Mexico.
  Senator Grassley's investigations have also revealed a possible Texas 
connection to the February murder of U.S. Immigration and Customs 
Enforcement officer Jaime Zapata in Mexico. One of the weapons used to 
murder Officer Zapata was purchased in Texas in October 2010 and 
subsequently trafficked to Mexico through Loredo, TX. While the 
suspected weapons traffickers have been arrested, there are reports 
that ATF was aware of these activities and allowed them to continue for 
far too long.
  Another question is being asked by our friends across the border, the 
Government of Mexico, those who are fighting these cartels and many of 
whom over the years have lost their lives. Our friends in Mexico are 
asking: Why is the administration allowing guns to come into Mexico as 
part of U.S. Government policy? Why is the U.S. Government arming drug 
cartels?
  According to a report in the Los Angeles Times, one of the victims of 
Fast and Furious was a brother of Patricia Gonzalez, who at the time 
was a top State prosecutor in Chihuahua.
  The Los Angeles Times also reports that Mexico's Attorney General, 
Marisela Morales, who has been a good partner to the United States, 
first learned about Fast and Furious from news reports. As of last 
month, she said U.S. officials have not briefed her on the operation, 
nor had there been any apologies for this misguided program.
  Questions are being asked on both sides of the border, and they 
deserve answers. Back in August, I wrote to Attorney General Holder and 
asked him to promptly disclose the details of any past or present 
Texas-based gun-walking programs similar to operation Fast and Furious.
  Much to my disappointment, I have not received any official response 
from the Department of Justice, nor Attorney General Holder. While 
disappointing, this administration's stonewalling is not surprising, 
considering the difficulty Senator Grassley and Representative Issa 
have had in their investigation of the Operation Fast and Furious 
scandal.
  In May of 2011, Attorney General Holder told the House Committee on 
Oversight and Government Reform that he had only learned of Operation 
Fast and Furious ``in the past few weeks.''
  The evidence now shows that Attorney General Holder had received 
multiple briefing memos regarding the operation that date back to as 
early as July 2010--much earlier than the few weeks ago he claimed in 
May of 2011.
  It is time for Attorney General Holder to tell Congress precisely 
what he knew, when he knew it, and to be honest with Congress and the 
American people about how this happened and who will be held 
accountable for it. So far, I think the Attorney General's earnest hope 
is that this will all go away. But it will not go away.
  My amendment would help ensure that we no longer have to worry about 
Operation Fast and Furious or similar ill-advised gun-walking 
operations.
  This amendment will mandate that no taxpayer money will be spent on 
programs where law enforcement personnel knowingly cause the transfer 
of weapons to suspected drug cartel associates with the intent that 
those law enforcement officials break off the surveillance of those 
weapons prior to interdicting them.

[[Page S6635]]

  In other words, this amendment is narrowly tailored to prevent future 
programs such as Operation Fast and Furious, while allowing law 
enforcement the freedom to operate gun-trafficking investigations, 
where they are in continuous surveillance of the weapons.
  This will also allow law enforcement officials to use weapons 
transfers to low-level straw purchasers as a tool to investigate the 
chain of command in a gun-trafficking ring, while simultaneously 
requiring them to keep their eyes on the weapons at all times so they 
can step in and prevent unnecessary and tragic violence.
  Just over 10 months ago, U.S. Border Patrol Agent Brian Terry was 
murdered by criminal gang members with weapons ``walked'' into their 
hands by ATF and the Department of Justice.
  It is my hope this body has learned from this tragedy and that we 
will affirmatively act to ensure that nothing such as this happens 
again.
  My amendment does just that, and I hope my colleagues will join me in 
supporting it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland is recognized.
  Ms. MIKULSKI. Mr. President, I rise to comment on the amendment of 
the Senator from Texas.
  I am chair of the Subcommittee on Commerce, Justice, and Science, and 
we fund the Bureau of Alcohol, Tobacco, and Firearms. I will comment on 
the amendment.
  Before I comment on the amendment explicitly, I compliment the 
Senator from Texas for raising the issue on the floor and, second, for 
his fierce defense of the southwest border and his devotion to Federal 
law enforcement and for always being concerned when we send them into 
harm's way, and where we, in any way, could have contributed to either 
their injury or their death. I compliment the Senator on that.
  My ranking member, Kay Bailey Hutchison, also from Texas, has spoken 
eloquently, diligently, and unflinchingly about the need we have to be 
serious about what is happening on the southwest border. I say this to 
the Senator and those of us concerned about our country: We support the 
effort to control our border and stop the growing violence that is 
occurring there.
  I believe America is in four wars--Iraq, which is winding down; 
Afghanistan, which ultimately will; the southwest border; and the cyber 
war. We have now two enduring wars.
  I say to the Senator from Texas, I wish to work with him. When I look 
at what happened with Operation Fast and Furious, I was fast to be 
furious about the bungled, botched occurrences that happened.
  For those who might not be familiar with it, this was when Federal 
law enforcement, trying to combat illegal gun trafficking, allowed guns 
to knowingly ``walk'' into Mexico so we could track what was happening. 
It was poorly planned, poorly executed, had flawed leadership, and it 
was definitely of questionable strategy and value.
  I wish to work with the Senator from Texas on some slight 
modifications to the bill--some tweaking and more precise definitions--
over the next hour or so, if we can look at it. I would like to be able 
to accept his amendment. He is on to something. I would like to work 
with the Senator's colleague from Texas also and those others from the 
Southwest to get the answers they want from the Attorney General. They 
are all entitled to them.
  People at the local level who put local cops on the ground should at 
least have answers from their own government about what they are doing. 
Operation Fast and Furious was one of many strategies along the U.S./
Mexico border, in Arizona, targeting illegal gun and drug smuggling--
the offshoot of Project Gunrunner. There were teams of ATF agents and 
investigators who increased our coverage, disrupting firearm traffic in 
corridors. That Project Gunrunner has been operating since 2006.
  Fast and Furious went too far. It went beyond the normal Project 
Gunrunner strategy and allowed assault weapons to be sold to suspected 
straw buyers who transported them to Mexico and then the ATF lost track 
of the weapons, which was the point of what they were trying to do.
  Fast and Furious was brought to an end but with terrible problems. 
There is no doubt ATF has done good work. They have seized tens of 
thousands of guns. There is the issue of allowing the selling of guns 
across the area. But hundreds of Mexican citizens have died, our own 
law enforcement people have died, and we have to do something about it.

  I understand from the Attorney General that when he heard about it, 
he did take decisive steps to clean it up. He immediately asked the DOJ 
inspector general to conduct an investigation and examine the facts of 
what happened. He made it clear to all Federal prosecutors and law 
enforcement that they should never knowingly allow guns to cross the 
border--long time Justice Department policy. He changed the leadership 
at ATF and the U.S. Attorney's Office in Arizona and has complied--he 
tells me--with congressional requests for thousands of documents.
  If the Senator feels he is not getting answers, I will join with him. 
He deserves the answers. We need to make sure we are giving law 
enforcement the tools they need--hopefully, we have it in the bill--to 
fight those drug cartels and gun crimes, which are violent, grim, and 
ghoulish.
  We have listened to the concerns of our colleagues who have spoken. 
The Senators from Texas and our two colleagues from Arizona, Senators 
Kyl and McCain, are well known in their advocacy.
  We have made a major investment in 2009 and another close to $2 
billion is in this bill--it is $1.9 billion--to safeguard our southwest 
border. We are putting resources in it.
  Fast and Furious has ended. We need better leadership, a better 
strategy. I wish to work with the Senator on his amendment.
  If we could, I think it would be great if we could just accept it. We 
all have to be in this together. The southwest border is America's 
border. I don't live in the Southwest; I live in the Northeast. But 
anything that happens at your border affects us. That is the way we 
need to think about ourselves. We are all Americans. We need to look 
out for one another. We need to be able to protect our borders, those 
defending the border, make sure we get it right and that we don't 
contribute to the problem. I would sure like to work with the Senator 
on this.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. I thank the Senator from Maryland for her offer. I will 
take her up on that. Our staffs are exchanging modest provisions that 
maintain the general thrust of the amendment and make clear that the 
Senate will not approve of any funding used for the sort of misguided 
program such as Fast and Furious.
  I ask for the Senator's help and take her up on her offer to try to 
get conclusive and comprehensive answers from the Department of 
Justice. Senator Grassley, Representative Issa, and I feel as well that 
the Attorney General and the Department could be more forthcoming. It 
boils down to a matter of accountability.
  One of the things that drives people crazy about Washington and 
Congress these days is that they feel as if things are happening that 
should not be happening and nobody is held accountable. That is what 
needs to happen in this program. So I will take her up on her offer. I 
appreciate that. We will work with the Senator and her staff to see if 
we can come up with acceptable language.
  As a matter of the record and from the standpoint of accountability 
and clearness, I would like to have a rollcall vote on my amendment at 
the appropriate time. We will work with the Senator and come up with 
acceptable language.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine is recognized.
  Ms. COLLINS. Mr. President, I wish to update my colleagues on an 
amendment that Senator Udall of Colorado and I, along with several of 
our colleagues, filed at the end of debate last night. This is the 
amendment that would prevent the U.S. Department of Agriculture from 
imposing needless costly restrictions on the school lunch and school 
breakfast programs.
  We debated this amendment at length last night, so I will not do so 
again now. I did wish to report on some progress we are making in 
achieving a consensus amendment.

[[Page S6636]]

  First, I thank the chairman of the subcommittee, Senator Kohl, and 
his staff, who have been very helpful to us. I also thank the ranking 
member of the subcommittee, Senator Blunt, and his staff, who have also 
worked with us. We have worked with the USDA. So this morning I am 
filing another amendment with Senator Udall of Colorado that makes a 
few changes in the amendment. It is very consistent with the intent of 
the amendment that we debated last night, but it does strike the words 
``and fruits.'' Since the intent of our amendment was not to change the 
requirements on fruit servings, I was happy to accept that suggestion 
from USDA.

  So I have filed a new amendment. I understand it is going through the 
clearance process on our side of the aisle, and I hope this is an 
amendment we can clear and accept very shortly. But I just wanted to 
bring my colleagues up to date and to thank the two leaders of the 
subcommittee and to let my colleagues know we are making great 
progress.
  This amendment is going to make a real difference to school districts 
across the country without, in any way, impairing the nutritious meals 
we want all our school children to receive.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. KOHL. Mr. President, I appreciate the amendment offered by 
Senator Collins. I understand her concerns about how proposed changes 
in nutrition standards may affect producers in her State. This issue 
does relate to child health, so we need to be careful what we do. I 
have been working with the Senator on this issue, and I think we have 
made good progress. I hope we will be able soon to have language where 
we can come to an agreement.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BLUNT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BLUNT. Mr. President, I wish to join Senator Kohl in saying how 
much I appreciate Senator Collins working on this amendment and the 
purpose of the amendment and I think it is a good addition to the bill.
  I also think we had a good exchange of ideas on the floor yesterday 
and would note we have received a number of amendments to the bill. I 
encourage my colleagues to offer amendments they feel would improve the 
bill that is in front of them. Senator Kohl and I believe this is a 
good product, but we also believe it will benefit from debate. So we 
are looking forward to an open amendment process and are glad to have 
the pending amendments to discuss, plus particularly the one Senator 
Collins has just discussed that we both believe is a good addition to 
the bill.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Amendment No. 750, as Modified

  Mr. REID. Mr. President, I call for regular order with respect to 
amendment No. 750 and that the amendment be modified with the changes 
that are at the desk.
  The PRESIDING OFFICER. The amendment is pending. The amendment will 
be so modified.
  The amendment, as modified, is as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Short Title.--This section may be cited as 
     the ``National Criminal Justice Commission Act of 2011''.
       (b) Establishment of Commission.--There is established a 
     commission to be known as the ``National Criminal Justice 
     Commission'' (referred to in this section as the 
     ``Commission'').
       (c) Purpose of the Commission.--The Commission shall 
     undertake a comprehensive review of the criminal justice 
     system, encompassing current Federal, State, local, and 
     tribal criminal justice policies and practices, and make 
     reform recommendations for the President, Congress, State, 
     local, and tribal governments.
       (d) Review and Recommendations.--
       (1) General review.--The Commission shall undertake a 
     comprehensive review of all areas of the criminal justice 
     system, including Federal, State, local, and tribal 
     governments' criminal justice costs, practices, and policies.
       (2) Findings and recommendations.--After conducting a 
     review of the United States criminal justice system as 
     required by paragraph (1), the Commission shall make findings 
     regarding such review and recommendations for changes in 
     oversight, policies, practices, and laws designed to prevent, 
     deter, and reduce crime and violence, reduce recidivism, 
     improve cost-effectiveness, and ensure the interests of 
     justice at every step of the criminal justice system.
       (3) Prior commissions.--The Commission shall take into 
     consideration the work of prior relevant commissions in 
     conducting its review.
       (4) State and local government.--In making its 
     recommendations, the Commission should consider the financial 
     and human resources of State and local governments. 
     Recommendations shall not infringe on the legitimate rights 
     of the States to determine their own criminal laws or the 
     enforcement of such laws.
       (5) Public hearings.--The Commission shall conduct public 
     hearings in various locations around the United States.
       (6) Consultation with government and nongovernment 
     representatives.--
       (A) In general.--The Commission shall--
       (i) closely consult with Federal, State, local, and tribal 
     government and nongovernmental leaders, including State, 
     local, and tribal law enforcement officials, legislators, 
     public health officials, judges, court administrators, 
     prosecutors, defense counsel, victims' rights organizations, 
     probation and parole officials, criminal justice planners, 
     criminologists, civil rights and liberties organizations, 
     formerly incarcerated individuals, professional 
     organizations, and corrections officials; and
       (ii) include in the final report required by paragraph (7) 
     summaries of the input and recommendations of these leaders.
       (B) United states sentencing commission.--To the extent the 
     review and recommendations required by this subsection relate 
     to sentencing policies and practices for the Federal criminal 
     justice system, the Commission shall conduct such review and 
     make such recommendations in consultation with the United 
     States Sentencing Commission.
       (7) Report.--
       (A) Report.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall prepare and 
     submit a final report that contains a detailed statement of 
     findings, conclusions, and recommendations of the Commission 
     to Congress, the President, State, local, and tribal 
     governments.
       (B) Public availability.--The report submitted under this 
     paragraph shall be made available to the public.
       (C) Votes on recommendations in report.--Consistent with 
     subparagraph (B), the Commission shall state the vote total 
     for each recommendation contained in its report to Congress.
       (e) Membership.--
       (1) In general.--The Commission shall be composed of 14 
     members, as follows:
       (A) One member shall be appointed by the President, who 
     shall serve as co-chairman of the Commission.
       (B) One member shall be appointed by the leader of the 
     Senate (majority or minority leader, as the case may be) of 
     the Republican Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Republican Party, who shall serve as co-
     chairman of the Commission.
       (C) Two members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party, in 
     consultation with the Democratic leadership of the Committee 
     on the Judiciary.
       (D) Two members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party, in 
     consultation with the Republican leadership of the Committee 
     on the Judiciary.
       (E) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party, in consultation with the Republican 
     leadership of the Committee on the Judiciary.
       (F) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party, in consultation with the Democratic 
     leadership of the Committee on the Judiciary.
       (G) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Republican Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Republican Party.
       (H) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Democratic Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Democratic Party.
       (2) Membership.--
       (A) Qualifications.--The individuals appointed from private 
     life as members of the

[[Page S6637]]

     Commission shall be individuals with distinguished 
     reputations for integrity and nonpartisanship who are 
     nationally recognized for expertise, knowledge, or experience 
     in such relevant areas as--
       (i) law enforcement;
       (ii) criminal justice;
       (iii) national security;
       (iv) prison and jail administration;
       (v) prisoner reentry;
       (vi) public health, including physical and sexual 
     victimization, drug addiction and mental health;
       (vii) victims' rights;
       (viii) civil liberties;
       (ix) court administration;
       (x) social services; and
       (xi) State, local, and tribal government.
       (B) Disqualification.--An individual shall not be appointed 
     as a member of the Commission if such individual possesses 
     any personal financial interest in the discharge of any of 
     the duties of the Commission.
       (C) Terms.--Members shall be appointed for the life of the 
     Commission.
       (3) Appointment; first meeting.--
       (A) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this section.
       (B) First meeting.--The Commission shall hold its first 
     meeting on the date that is 60 days after the date of 
     enactment of this section, or not later than 30 days after 
     the date on which funds are made available for the 
     Commission, whichever is later.
       (C) Ethics.--At the first meeting of the Commission, the 
     Commission shall draft appropriate ethics guidelines for 
     commissioners and staff, including guidelines relating to 
     conflict of interest and financial disclosure. The Commission 
     shall consult with the Senate and House Committees on the 
     Judiciary as a part of drafting the guidelines and furnish 
     the Committees with a copy of the completed guidelines.
       (4) Meetings; quorum; vacancies.--
       (A) Meetings.--The Commission shall meet at the call of the 
     co-chairs or a majority of its members.
       (B) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (C) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made. If vacancies in the 
     Commission occur on any day after 45 days after the date of 
     the enactment of this section, a quorum shall consist of a 
     majority of the members of the Commission as of such day, so 
     long as at least 1 Commission member chosen by a member of 
     each party, Republican and Democratic, is present.
       (5) Actions of commission.--
       (A) In general.--The Commission--
       (i) shall act by resolution agreed to by a majority of the 
     members of the Commission voting and present; and
       (ii) may establish panels composed of less than the full 
     membership of the Commission for purposes of carrying out the 
     duties of the Commission under this section--

       (I) which shall be subject to the review and control of the 
     Commission; and
       (II) any findings and determinations made by such a panel 
     shall not be considered the findings and determinations of 
     the Commission unless approved by the Commission.

       (B) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the co-chairs of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this section.
       (f) Administration.--
       (1) Staff.--
       (A) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (B) Appointment and compensation.--The co-chairs of the 
     Commission shall designate and fix the compensation of the 
     Executive Director and, in accordance with rules agreed upon 
     by the Commission, may appoint and fix the compensation of 
     such other personnel as may be necessary to enable the 
     Commission to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (C) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (D) The compensation of commissioners.--Each member of the 
     Commission may be compensated at not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which that member is engaged in the actual performance of the 
     duties of the Commission. All members of the Commission who 
     are officers or employees of the United States, State, or 
     local government shall serve without compensation in addition 
     to that received for their services as officers or employees.
       (E) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (2) Experts and consultants.--With the approval of the 
     Commission, the Executive Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       (3) Detail of government employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement, any of the personnel of such agency to 
     the Commission to assist in carrying out the duties of the 
     Commission. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       (4) Other resources.--The Commission shall have reasonable 
     access to materials, resources, statistical data, and other 
     information such Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the 
     Department of Justice, the Office of National Drug Control 
     Policy, the Department of State, and other agencies of the 
     executive and legislative branches of the Federal Government. 
     The co-chairs of the Commission shall make requests for such 
     access in writing when necessary.
       (5) Volunteer services.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Commission 
     is authorized to accept and utilize the services of 
     volunteers serving without compensation. The Commission may 
     reimburse such volunteers for local travel and office 
     supplies, and for other travel expenses, including per diem 
     in lieu of subsistence, as authorized by section 5703 of 
     title 5, United States Code. A person providing volunteer 
     services to the Commission shall be considered an employee of 
     the Federal Government in performance of those services for 
     the purposes of chapter 81 of title 5 of the United States 
     Code, relating to compensation for work-related injuries, 
     chapter 171 of title 28 of the United States Code, relating 
     to tort claims, and chapter 11 of title 18 of the United 
     States Code, relating to conflicts of interest.
       (6) Obtaining official data.--The Commission may secure 
     directly from any agency of the United States information 
     necessary to enable it to carry out this section. Upon the 
     request of the co-chairs of the Commission, the head of that 
     department or agency shall furnish that information to the 
     Commission. The Commission shall not have access to sensitive 
     information regarding ongoing investigations.
       (7) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (8) Administrative reporting.--The Commission shall issue 
     biannual status reports to Congress regarding the use of 
     resources, salaries, and all expenditures of appropriated 
     funds.
       (9) Contracts.--The Commission is authorized to enter into 
     contracts with Federal and State agencies, private firms, 
     institutions, and individuals for the conduct of activities 
     necessary to the discharge of its duties and 
     responsibilities. A contract, lease or other legal agreement 
     entered into by the Commission may not extend beyond the date 
     of the termination of the Commission.
       (10) Gifts.--Subject to existing law, the Commission may 
     accept, use, and dispose of gifts or donations of services or 
     property.
       (11) Administrative assistance.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section. These administrative 
     services may include human resource management, budget, 
     leasing, accounting, and payroll services.
       (12) Nonapplicability of faca and public access to meetings 
     and minutes.--
       (A) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (B) Meetings and minutes.--
       (i) Meetings.--

       (I) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it.
       (II) Notice.--All open meetings of the Commission shall be 
     preceded by timely public notice in the Federal Register of 
     the time, place, and subject of the meeting.

       (ii) Minutes and public availability.--Minutes of each open 
     meeting shall be kept and shall contain a record of the 
     people present, a description of the discussion that 
     occurred, and copies of all statements filed.

[[Page S6638]]

     The minutes and records of all open meetings and other 
     documents that were made available to or prepared for the 
     Commission shall be available for public inspection and 
     copying at a single location in the offices of the 
     Commission.
       (13) Archiving.--Not later than the date of termination of 
     the Commission, all records and papers of the Commission 
     shall be delivered to the Archivist of the United States for 
     deposit in the National Archives.
       (g) Appropriation.--Of amounts provided in this Act for 
     salary and expenses for the Office of Justice Programs, 
     $5,000,000 shall be for the establishment of the commission, 
     until such funds are expended.
       (h) Sunset.--The Commission shall terminate 60 days after 
     it submits its report to Congress.

  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 775

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
return to amendment No. 775.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Montana.


                             Elouise Cobell

  Mr. BAUCUS. Mr. President, a Native American expression on the circle 
of life offers insight into a life well-lived:

       If you were born, you cried and the world rejoiced. Live 
     your life so that, when you die, the world cries and you 
     rejoice.

  On Sunday, the world cried when Elouise Cobell left the Earth. 
Elouise was a brave member of the Blackfeet Nation from my home State 
of Montana. She fought tirelessly for what was right.
  On Sunday, the world lost a great hero. Native American people 
everywhere lost a champion. Her husband Alvin and son Turk, along with 
her entire extended family, lost an admired and irreplaceable loved 
one. And I can say with deep gratitude, having worked with her for many 
years, that I lost a dear friend.
  Through her persistence and determination, she drew attention to the 
Federal Government's mismanagement of Indian trust lands. She deserves 
the highest recognition and thanks for helping close a chapter on a 
bitter history of broken promises.
  For more than 100 years, the Federal Government did not fairly 
compensate Native Americans in Montana and across the Nation for 
revenue generated from their land. The Federal Government squandered 
and wasted billions of dollars in not paying Native Americans revenues 
they were due. It was Elouise who took up the cause. Others wouldn't; 
she did. She knew it was wrong. She knew it, and she had a mission. She 
worked tirelessly through the courts until the judicial system finally 
recognized what she had uncovered. The judge in the case decried the 
Federal Government's action as ``fiscal and government irresponsibility 
in its purest form.''
  I was proud and humbled to work with her on the legislative plan to 
help settle the longstanding Indian trust lawsuit. Last year, we passed 
bipartisan legislation to provide a long-overdue conclusion for 
hundreds of thousands of folks in Indian Country.
  Recently, I joined my colleague, the present occupant of the chair, 
Senator Tester, who introduced legislation to award Elouise with the 
Congressional Medal of Honor, the highest honor possible from Congress.
  Elouise Cobell fought for many who could not fight for themselves and 
brought a voice to many who died before being able to see justice 
served. May we never forget Elouise's long battle to right this wrong. 
May Elouise's memory continue to inspire everyone who believes justice 
is worth the fight. And may the Creator welcome Elouise home with joy 
and tenderness as we offer our thoughts and prayers to her loved ones. 
Our hearts are heavy as we mourn Elouise. Because she lived a life 
worth living, she lived a life worth rejoicing.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 740

  Mr. BAUCUS. Mr. President, I would like to speak against the 
amendment offered by the Senator from Arizona, Mr. McCain, amendment 
No. 740.
  This Chamber approved three free-trade agreements last week and did 
so with overwhelming support. But for many, that support hinged on 
passage of a robust trade adjustment assistance program, otherwise 
known as TAA.
  Last month, the Senate approved trade adjustment assistance, and 
during floor consideration an amendment similar to the one offered by 
Senator McCain was rejected. Why was it rejected? I will tell you why. 
Because a majority of Senators in this Chamber want to help small 
businesses. We want to help small businesses improve their 
competitiveness, and we want to help small businesses take advantage of 
the opportunities trade provides.
  But this amendment would end the Trade Adjustment Assistance for 
Firms Program. It would end the only program specifically designed to 
help small manufacturers hurt by import competition. It would end the 
program that helps companies adjust, retool, and stay competitive in an 
increasingly global economy.
  In 2010, trade adjustment assistance for firms enabled 330 companies 
to devise strategies that got them back on track. It helped them 
identify new markets. It helped them improve inefficiencies. It helped 
them restructure their debt, and it helped them find new financing.
  The results proved that the Trade Adjustment Assistance for Firms 
Program works. Ninety-eight percent of the companies that participated 
in the program are still in business after 5 years. Without trade 
adjustment assistance for firms, many of these companies would be out 
of business and their workers out of jobs.
  The program has helped create or retain more than 50,000 good-paying 
manufacturing jobs since 2006. I would think that with unemployment at 
such high rates--over 9 percent--and with the large vote in this body 
on the currency amendment with respect to the Chinese manipulation of 
currency, it makes eminent sense to help American workers who lost 
jobs, not prevent help to American workers who have lost jobs on 
account of trade. And that is what the Trade Adjustment Assistance for 
Firms Program does--it helps American workers who have lost jobs on 
account of trade.
  Senator McCain's amendment will put those jobs at risk. I don't think 
that is what this body wants to do. We should be creating jobs, not 
destroying them. For these reasons, I urge my colleagues to vote no on 
the amendment.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Wisconsin.

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