[Congressional Record Volume 157, Number 156 (Tuesday, October 18, 2011)]
[Senate]
[Pages S6674-S6690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 785. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the 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; which was ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:

     SEC. __. FOOD DONATION PROGRAM.

       Section 9 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1758) is amended by adding at the end the 
     following:
       ``(l) Food Donation Program.--
       ``(1) In general.--Each school and local educational agency 
     participating in the school lunch program under this Act may 
     donate any food not consumed under such program to eligible 
     local food banks or charitable organizations.
       ``(2) Guidance.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Secretary shall 
     develop and publish guidance to schools and local educational 
     agencies participating in the school lunch program under this 
     Act to assist such schools and local educational agencies in 
     donating food under this subsection.
       ``(B) Updates.--The Secretary shall update such guidance as 
     necessary.
       ``(3) Liability.--Any school or local educational agency 
     making donations pursuant to this subsection shall be exempt 
     from civil

[[Page S6675]]

     and criminal liability to the extent provided under the Bill 
     Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).
       ``(4) Definition.--In this subsection, the term `eligible 
     local food banks or charitable organizations' means any food 
     bank or charitable organization which is exempt from tax 
     under section 501(c)(3) of the Internal Revenue Code of 1986 
     (26 U.S.C. 501(c)(3)).''.
                                 ______
                                 
  SA 786. Mr. BEGICH (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the 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; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, insert the following:

     SEC. ___. AUTHORITY TO CONDUCT INTERSTATE FIREARMS 
                   TRANSACTIONS.

       (a) Firearms Dispositions.--Section 922(b)(3)(A) of title 
     18, United States Code, is amended--
       (1) by striking ``rifle or shotgun'' and inserting 
     ``firearm'';
       (2) by striking ``located'' and inserting ``located or 
     temporarily located''; and
       (3) by striking ``both such States'' and inserting ``the 
     State in which the transfer is conducted and the State of 
     residence of the transferee''.
       (b) Dealer Location.--Section 923 of such title is 
     amended--
       (1) in subsection (j)--
       (A) in the first sentence, by striking ``, and such 
     location is in the State which is specified on the license''; 
     and
       (B) in the last sentence--
       (i) by inserting ``transfer,'' after ``sell,''; and
       (ii) by striking all that follows ``Act'' and inserting a 
     period; and
       (2) by adding at the end the following:
       ``(m) Nothing in this chapter shall be construed to 
     prohibit the sale, transfer, delivery, or other disposition 
     of a firearm or ammunition--
       ``(1) by a person licensed under this chapter to another 
     person so licensed, at any location in any State; or
       ``(2) by a licensed importer, licensed manufacturer, or 
     licensed dealer to a person not licensed under this chapter, 
     at a temporary location described in subsection (j) in any 
     State.''.
       (c) Residence of United States Officers.--Section 921 of 
     such title is amended by striking subsection (b) and 
     inserting the following:
       ``(b) For purposes of this chapter:
       ``(1) A member of the Armed Forces on active duty is a 
     resident of--
       ``(A) the State in which the member maintains legal 
     residence;
       ``(B) the State in which the permanent duty station of the 
     member is located; and
       ``(C) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station.
       ``(2) An officer or employee of the United States (other 
     than a member of the Armed Forces) stationed outside the 
     United States for a period exceeding one year is a resident 
     of the State in which the member maintains legal 
     residence.''.
                                 ______
                                 
  SA 787. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 750 proposed by Mr. Reid (for Mr. Webb) to the 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, insert the following:
       (i) Additional Review.--The review required by subsection 
     (c) shall include an examination of all grant programs 
     administered by the Department of Justice, Department of 
     Homeland Security, Department of Health and Human Services, 
     Department of Labor, and the Department of Education that are 
     related to criminal justice, corrections, drug prevention, 
     rehabilitation, and treatment to--
       (1) examine the extent to which the grant programs 
     administered by these agencies could be consolidated to 
     ensure that taxpayer dollars are not wasted administering 
     similar programs among different Federal agencies; and
       (2) analyze the potential benefits of consolidating 
     programs administered by these agencies.
       (j) Terrorism Expenses.--The Commission shall have no 
     authority to recommend a reduction, modification, or other 
     adjustment to the sentence of any Federal or state prisoner 
     serving a criminal sentence for a terrorism offense.
                                 ______
                                 
  SA 788. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the 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; which was ordered to lie on the table; as follows:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218.  The Office of Professional Responsibility at the 
     Department of Justice and the Office of Professional 
     Responsibility at the Federal Bureau of Investigation 
     (referred to in this section as the ``Office'') shall issue a 
     report to Congress, annually, that includes the following:
       (1) A factual summary of each individual action taken by 
     the Office against an employee.
       (2) A summary of the allegations of wrongdoing, and the 
     findings of the Office.
       (3) Any action taken against an employee, including 
     punishments, terminations, demotions, letters of reprimand, 
     or any dismissal of a complaint of allegation of wrongdoing.
       (4) Any appeal of an action and whether the finding of the 
     Office was upheld on appeal or overturned.
       (5) A summary of the reason any appeal is upheld or 
     overturned.
       (6) A breakdown of the costs associated with investigating 
     and adjudicating complaints.
                                 ______
                                 
  SA 789. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the 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; which was ordered to lie on the table; as follows:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218. (a) Oversight of Department of Justice 
     Programs.--All grants awarded by the Attorney General using 
     funds made available under this Act shall be subject to the 
     following accountability provisions:
       (1) Audit requirement.--Beginning in fiscal year 2012, and 
     in each fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct an audit of not fewer 
     than 10 percent of all recipients of grants using funds made 
     available under this Act to prevent waste, fraud, and abuse 
     of funds by grantees.
       (2) Mandatory exclusion.--A recipient of a grant awarded by 
     the Attorney General using funds made available under this 
     Act that is found to have an unresolved audit finding shall 
     not be eligible to receive any grant funds under a grant 
     program administered by the Attorney General during the 2 
     fiscal years beginning after the 6-month period described in 
     paragraph (5).
       (3) Priority.--In awarding grants using funds made 
     available under this Act, the Attorney General shall give 
     priority to eligible entities that, during the 3 fiscal years 
     before submitting an application for a grant, did not have an 
     unresolved audit finding showing a violation in the terms or 
     conditions of a Department of Justice grant program.
       (4) Reimbursement.--If an entity is awarded grant funds by 
     the Attorney General using funds made available under this 
     Act during the 2-fiscal-year period in which the entity is 
     barred from receiving grants under paragraph (2), the 
     Attorney General shall--
       (A) deposit an amount equal to the grant funds that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       (B) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.
       (5) Defined term.--In this subsection, the term 
     ``unresolved audit finding'' means an audit report finding, 
     statement, or recommendation that the grantee has utilized 
     grant funds for an unauthorized expenditure or otherwise 
     unallowable cost that is not closed or resolved within a 6-
     month period beginning on the date of an initial notification 
     of the finding or recommendation.
       (6) Matching requirement.--
       (A) In general.--Unless otherwise explicitly provided in 
     authorizing legislation, no funds may be expended for grants 
     to non-federal entities until a 25 percent non-Federal match 
     has been secured by the grantee to carry out this subsection.
       (B) Cash requirement.--Not less than 60 percent of the 
     matching requirement described in subparagraph (A) shall be 
     in cash.
       (C) In-kind contributions.--No more than 40 percent of the 
     matching requirement described in subparagraph (A) may be in-
     kind contributions. In this subparagraph, the term `` `in-
     kind contributions' '' means legal or other related 
     professional services and office space that directly relate 
     to the purpose for which the grant was awarded.
       (7) Nonprofit organization requirements.--
       (A) Definition.--For purposes of this section and the grant 
     programs described in this Act, the term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (B) Prohibition.--The Attorney General may not award a 
     grant using funds made available under this Act to a 
     nonprofit organization that holds money in offshore accounts 
     for the purpose of avoiding paying the tax described in 
     section 511(a) of the Internal Revenue Code of 1986.
       (C) Disclosure.--Each nonprofit organization that is 
     awarded a grant using funds made available under this Act and 
     uses the

[[Page S6676]]

     procedures prescribed in regulations to create a rebuttable 
     presumption of reasonableness for the compensation of its 
     officers, directors, trustees and key employees, shall 
     disclose to the Attorney General, in the application for the 
     grant, the process for determining such compensation, 
     including the independent persons involved in reviewing and 
     approving such compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the Attorney General shall make the 
     information disclosed under this subsection available for 
     public inspection.
       (8) Administrative expenses.--Unless otherwise explicitly 
     provided in authorizing legislation, not more than 8 percent 
     of the amounts appropriated under this Act may be used by the 
     Attorney General for salaries and administrative expenses of 
     the Department of Justice.
       (9) Conference expenditures.--
       (A) Limitation.--No amounts appropriated to the Department 
     of Justice under title II of division B of this Act may be 
     used by the Attorney General, or by any individual or 
     organization awarded funds under this Act, to host or support 
     any expenditure for conferences, unless the Deputy Attorney 
     General or the appropriate Assistant Attorney General 
     provides prior written authorization that the funds may be 
     expended to host a conference.
       (B) Written approval.--Written approval under subparagraph 
     (A) may not be delegated and shall include a written estimate 
     of all costs associated with the conference, including the 
     cost of all food and beverages, audio/visual equipment, 
     honoraria for speakers, and any entertainment.
       (C) Report.--The Deputy Attorney General shall submit an 
     annual report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives on all conference expenditures approved and 
     denied.
       (10) Prohibition on lobbying activity.--
       (A) In general.--Amounts appropriated under this Act may 
     not be utilized by any grant recipient to--
       (i) lobby any representative of the Department of Justice 
     regarding the award of grant funding; or
       (ii) lobby any representative of the Federal Government or 
     a State, local, or tribal government regarding the award of 
     grant funding.
       (B) Penalty.--If the Attorney General determines that any 
     recipient of a grant under this Act has violated subparagraph 
     (A), the Attorney General shall--
       (i) require the grant recipient to repay the grant in full; 
     and
       (ii) prohibit the grant recipient from receiving another 
     grant under this Act for not less than 5 years.
       (11) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of the enactment of this Act, 
     the Assistant Attorney General for the Office of Justice 
     Programs, the Director of the Office on Violence Against 
     Women, and the Director of the Office of Community Oriented 
     Policing Services shall submit, to Committee on the Judiciary 
     of the Senate , the Committee on Appropriations of the 
     Senate, the Committee on the Judiciary of the House of 
     Representatives, and the Committee on Appropriations of the 
     House of Representatives, an annual certification that--
       (A) all audits issued by the Office of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the Assistant Attorney General for the Office of Justice 
     Programs;
       (B) all mandatory exclusions required under paragraph (2) 
     have been issued;
       (C) all reimbursements required under paragraph (4) have 
     been made; and
       (D) includes a list of any grant recipients excluded under 
     paragraph (2) from the previous year.
       (b) Limitation on Use of Funds; Transfer of Funds.--
     Notwithstanding any other provision of this Act--
       (1) none of the funds made available under title II of 
     division B of this Act may be used for the Office of Legal 
     Policy;
       (2) of the amount appropriated--
       (A) under the heading ``salaries and expenses'' under the 
     heading ``General Administration'' under title II of division 
     B of this Act, $5,000,000 shall be transferred to the Office 
     of the Inspector General; and
       (B) under the heading ``research, evaluation, and 
     statistics'' under the heading ``Office of Justice Programs'' 
     under title II of division B of this Act, $5,000,000 shall be 
     transferred to the Office of the Inspector General; and
       (3) amounts transferred to the Office of the Inspector 
     General under paragraph (2) shall be used to conduct the 
     audits described in subsection (a).
                                 ______
                                 
  SA 790. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the 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; which was ordered to lie on the table; as follows:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218. (a) Cap on Department of Justice Conference 
     Spending.--Of the amounts made available to the Department of 
     Justice under this Act, not more than $45,000,000 may be used 
     by the Department of Justice for the purpose of hosting, 
     funding, or otherwise facilitating any conference held by the 
     Department of Justice or any other entity.
       (b) Limitation.--None of the funds made available to the 
     Department of Justice under this Act may be used by the 
     Attorney General, or by any individual or organization 
     awarded funds made available under this Act, to host or 
     support any expenditure for a conference, unless the Deputy 
     Attorney General or the appropriate Assistant Attorney 
     General provides prior written authorization that such funds 
     may be expended to host the conference.
       (c) Written Authorization.--
       (1) Authority.--The authority to provide a written 
     authorization described in subsection may not be delegated.
       (2) Contents.--A written authorization described in 
     subsection (b) shall include a written estimate of all costs 
     associated with the conference being approved, including the 
     cost of all food and beverages, audio/visual equipment, 
     honoraria for speakers, and any entertainment.
       (d) Annual Report.--The Deputy Attorney General shall 
     submit an annual report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives on all conference expenditures that are 
     approved and denied during the fiscal year covered by the 
     report.
                                 ______
                                 
  SA 791. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. _.  None of the funds made available by this Act may 
     be used by the Secretary of Agriculture to provide direct 
     payments under section 1103 or 1303 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) to 
     any person or legal entity that has an average adjusted gross 
     income (as defined in section 1001D of the Food Security Act 
     of 1985 (7 U.S.C. 1308-3a)) in excess of $1,000,000.
                                 ______
                                 
  SA 792. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The Secretary of Housing and Urban Development 
     may not make a payment to any person or entity with respect 
     to a property assisted or insured under a program of the 
     Department of Housing and Urban Development that--
        (a) on the date of enactment of this Act, is designated as 
     ``troubled'' on the Online Property Integrated Information 
     System for ``life threatening deficiencies'' or ``poor'' 
     physical condition; and
       (b) has been designated as ``troubled'' on the Online 
     Property Integrated Information System at least once during 
     the 5-year period ending on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 793. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       On page 209, after line 2 insert the following:
       Sec. ___.  The provisions of sections 517(c), 531, and 538 
     shall apply to all agencies and departments funded by 
     divisions A, B, and C.
                                 ______
                                 
  SA 794. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Each fiscal year, for purposes of the report 
     required by subsection (b), the head of each agency shall--
       (1) identify and describe every program administered by the 
     agency;
       (2) for each such program--
       (A) determine the total administrative expenses of the 
     program;
       (B) determine the expenditures for services for the 
     program;
       (C) estimate the number of clients served by the program 
     and beneficiaries who received assistance under the program 
     (if applicable); and
       (D) estimate--

[[Page S6677]]

       (i) the number of full-time employees who administer the 
     program; and
       (ii) the number of full-time equivalents (whose salary is 
     paid in part or full by the Federal Government through a 
     grant, contract, subaward of a grant or contract, cooperative 
     agreement, or other form of financial award or assistance) 
     who assist in administering the program; and
       (3) identify programs within the Federal Government 
     (whether inside or outside the agency) with duplicative or 
     overlapping missions, services, and allowable uses of funds.
       (b) With respect to the requirements of subsections (a)(1) 
     and (a)(2)(B), the head of an agency may use the same 
     information provided in the catalog of domestic and 
     international assistance programs in the case of any program 
     that is a domestic or international assistance program.
       (c) Not later than February 1 of each fiscal year, the head 
     of each agency shall publish on the official public website 
     of the agency a report containing the following:
       (1) The information required under subsection (a) with 
     respect to the preceding fiscal year.
       (2) The latest performance reviews (including the program 
     performance reports required under section 1116 of title 31, 
     United States Code) of each program of the agency identified 
     under subsection (a)(1), including performance indicators, 
     performance goals, output measures, and other specific 
     metrics used to review the program and how the program 
     performed on each.
       (3) For each program that makes payments, the latest 
     improper payment rate of the program and the total estimated 
     amount of improper payments, including fraudulent payments 
     and overpayments.
       (4) The total amount of unspent and unobligated program 
     funds held by the agency and grant recipients (not including 
     individuals) stated as an amount--
       (A) held as of the beginning of the fiscal year in which 
     the report is submitted; and
       (B) held for five fiscal years or more.
       (5) Such recommendations as the head of the agency 
     considers appropriate--
       (A) to consolidate programs that are duplicative or 
     overlapping;
       (B) to eliminate waste and inefficiency; and
       (C) to terminate lower priority, outdated, and unnecessary 
     programs and initiatives.
       (d) In this section:
       (1) The term ``administrative costs'' has the meaning as 
     determined by the Director of the Office of Management and 
     Budget under section 504(b)(2) of Public Law 111-85 (31 
     U.S.C. 1105 note), except the term shall also include, for 
     purposes of that section and this section, with respect to an 
     agency--
       (A) costs incurred by the agency as well as costs incurred 
     by grantees, subgrantees, and other recipients of funds from 
     a grant program or other program administered by the agency; 
     and
       (B) expenses related to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication about, 
     promotion of, and outreach for programs and program 
     activities administered by the agency.
       (2) The term ``services'' has the meaning provided by the 
     Director of the Office of Management and Budget and shall be 
     limited to only activities, assistance, and aid that provide 
     a direct benefit to a recipient, such as the provision of 
     medical care, assistance for housing or tuition, or financial 
     support (including grants and loans).
       (3) The term ``agency'' has the same meaning given that 
     term in section 551(1) of title 5, United States Code, except 
     that the term also includes offices in the legislative branch 
     other than the Government Accountability Office.
       (4) The terms ``performance indicator'', ``performance 
     goal'', ``output measure'', and ``program activity'' have the 
     meanings provided by section 1115 of title 31, United States 
     Code.
       (5) The term ``program'' has the meaning provided by the 
     Director of the Office of Management and Budget and shall 
     include, with respect to an agency, any organized set of 
     activities directed toward a common purpose or goal 
     undertaken by the agency that includes services, projects, 
     processes, or financial or other forms of assistance, 
     including grants, contracts, cooperative agreements, compacts 
     loans, leases, technical support, consultation, or other 
     guidance.
       (e)(1)(A) Section 6101 of title 31, United States Code, is 
     amended by adding at the end the following:
       ``(7) The term `international assistance' has the meaning 
     provided by the Director of the Office of Management and 
     Budget and shall include, with respect to an agency, 
     assistance including grants, contracts, compacts, loans, 
     leases, and other financial and technical support to--
       ``(A) foreign nations;
       ``(B) international organizations;
       ``(C) services provided by programs administered by any 
     agency outside of the territory of the United States; and
       ``(D) services funded by any agency provided in foreign 
     nations or outside of the territory of the United States by 
     non-governmental organizations and entities.
       ``(8) The term `assistance program' means each of the 
     following:
       ``(A) A domestic assistance program.
       ``(B) An international assistance program.''.
       (B)(i) Section 6102 of title 31, Untied States Code, is 
     amended--
       (I) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``domestic'' both places it appears; and
       (II) in subsection (b), by striking ``domestic''.
       (ii) Section 6104 of title 31, United States Code, is 
     amended--
       (I) in subsections (a) and (b), by inserting ``and 
     international assistance'' after ``domestic assistance'' each 
     place it appears; and
       (II) in the section heading, by inserting ``and 
     international'' after ``domestic''.
       (f) Section 6104(b) of title 31, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(4) the information required in paragraphs (1) through 
     (4) of section 419(a) of the Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2012;
       ``(5) the budget function or functions applicable to each 
     assistance program contained in the catalog;
       ``(6) with respect to each assistance program in the 
     catalog, an electronic link to the annual report required 
     under section 419(b) of the Transportation, Housing and Urban 
     Development, and Related Agencies Appropriations Act, 2012, 
     by the agency that carries out the assistance program; and
       ``(7) the authorization and appropriation amount provided 
     by law for each assistance program in the catalog in the 
     current fiscal year, and a notation if the program is not 
     authorized in the current year, has not been authorized in 
     law, or does not receive a specific line item 
     appropriation.''.
       (g) Section 6104 of title 31, United States Code, is 
     further amended by adding at the end the following new 
     subsection:
       ``(e) Compliance.--On the website of the catalog of Federal 
     domestic and international assistance information, the 
     Administrator shall provide the following:
       ``(1) Contact information.--The title and contact 
     information for the person in each agency responsible for the 
     implementation, compliance, and quality of the data in the 
     catalog.
       ``(2) Report.--An annual report compiled by the 
     Administrator of domestic assistance programs, international 
     assistance programs, and agencies with respect to which the 
     requirements of this chapter are not met.''.
       (h) Section 6103 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(d) Bulk Downloads.--The information in the catalog of 
     domestic and international assistance under section 6104 of 
     this title shall be available on a regular basis through bulk 
     downloads from the website of the catalog.''.
       (i) Section 6101(2) of title 31, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``except such term also includes offices in the 
     legislative branch other than the Government Accountability 
     Office''.
       (j)(1) Not later than 120 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall prescribe regulations to 
     implement this section.
       (2) This section shall be implemented beginning with the 
     first full fiscal year occurring after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 795. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The Secretary of Housing and Urban Development--
       (1) shall cancel any funding obligated for a construction 
     or renovation project for which the Department of Housing and 
     Urban Development committed to provide $50,000 or more that--
       (A) commenced before the date that is 5 years before the 
     date of enactment of this Act;
       (B) is not complete;
       (C) did not draw funds against a Department of Housing and 
     Urban Development account during the 18-month period ending 
     on the date of enactment of this Act;
       (D) on the date of enactment of this Act, is vacant and has 
     not been sold or leased; or
       (E) has not drawn funds against a Department of Housing and 
     Urban Development account, if, on the date of enactment of 
     this Act, funds have been obligated for the project for more 
     than 1 year;
       (2) may not provide any funding on or after the date of 
     enactment of this Act for a project described in paragraph 
     (1); and
       (3) shall transfer any funds deobligated under paragraph 
     (1) or made available to carry out a project described in 
     paragraph (1) to the general fund of the Treasury and are 
     hereby rescinded.
                                 ______
                                 
  SA 796. Mr. COBURN submitted an amendment intended to be proposed by

[[Page S6678]]

him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  A person or entity that receives a Federal loan 
     using amounts made available under division A, division B, or 
     division C of this Act may not repay the loan using a Federal 
     grant or other award funded with amounts made available under 
     division A, division B, or division C of this Act; Provided 
     further, a grant or other award funded with amounts made 
     available under division A, division B, or division C of this 
     Act may not be used to repay a Federal loan.
                                 ______
                                 
  SA 797. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Except as provided in subsection (b), none of 
     the funds made available by this Act or an amendment made by 
     this Act may be used to pay for renovation projects that have 
     not commenced as of the date of enactment of this Act 
     (including renovation projects for which plans have been 
     created, but for which physical renovation has not begun) to 
     any Federal building or office space in existence on the date 
     of enactment of this Act, or for the purchase, execution of a 
     leasing agreement, or construction of any Federal building or 
     office space that has not commenced as of the date of 
     enactment of this Act (including construction or purchase or 
     lease agreements for which plans have been established, but 
     for which physical construction has not begun or an agreement 
     has not been executed).
       (b) Subsection (a) shall not apply to the renovation of, 
     purchase of, leasing agreement for, or construction of 
     (including renovation, construction, or purchase or leasing 
     agreements for which plans have been established, but for 
     which physical renovation or construction has not begun or an 
     agreement has not been executed) any Federal building or 
     office space needed to address a safety or national security 
     issue.
                                 ______
                                 
  SA 798. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding section 701, none of the funds 
     made available by this Act may be used to purchase new 
     passenger motor vehicles.
                                 ______
                                 
  SA 799. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Sec. ___.  None of the funds made available under this Act 
     may be used to carry out 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): Provided further, any 
     funds appropriated by this Act for this purpose are hereby 
     rescinded.
                                 ______
                                 
  SA 800. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. _.  Notwithstanding any other provision of this Act, 
     the total amount of funds made available under this title to 
     the Rural Development Agency are reduced by $1,000,000,000, 
     to be applied proportionally to each budget activity, 
     activity group, and subactivity group and each program, 
     project, and activity of the Rural Development Agency carried 
     out under this title.
                                 ______
                                 
  SA 801. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       On page 226, strikes lines 1 through 5, and insert ``and 
     not less than $29,250,000 shall be for Airport Technology 
     Research: Provided further, no funds made available under 
     this Act may be used to carry out the Small Community Air 
     Service Development Program.''
                                 ______
                                 
  SA 802. Mr. HELLER submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. ___. RESCISSION OF UNOBLIGATED BALANCES.

       (a) In General.--
       (1) Rescission.--Any unobligated balances of discretionary 
     appropriations made prior to fiscal year 2010 for accounts in 
     divisions A, B, or C are rescinded effective October 1, 2012 
     and shall be used to reduce the deficit.
       (2) Exception.--Paragraph (1) shall not apply to 
     appropriation accounts or subgroup accounts that are 
     designated as emergencies.
       (b) Implementation.--
       (1) In general.--The Director of the Office of Management 
     and Budget shall determine which appropriation accounts the 
     rescission under subsection (a) shall apply to and the amount 
     that each such account shall be reduced by pursuant to such 
     rescission.
       (2) Report.--Not later than 60 days after the date of 
     enactment of this section, the Director of the Office of 
     Management and Budget shall submit a report to the Secretary 
     of the Treasury and Congress listing the accounts reduced by 
     the rescission in subsection (a) and the amounts rescinded 
     from each such account.
                                 ______
                                 
  SA 803. Mr. HELLER submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the end, insert the following:

                    TITLE ___--NO BUDGET, NO PAY ACT

     SEC. 01. SHORT TITLE.

       This title may be cited as the ``No Budget, No Pay Act''.

     SEC. 02. DEFINITION.

       In this title, the term ``Member of Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.

     SEC. 03. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year, the pay of each Member of Congress may not be 
     paid for each day following that October 1 until the date on 
     which both Houses of Congress approve a concurrent resolution 
     on the budget for that fiscal year.

     SEC. 04. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairperson of the Committee on the Budget of the Senate or 
     the Chairperson of the Committee on the Budget of the House 
     of Representatives under section 05.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairperson of 
     the Committee on the Budget of the Senate or the Chairperson 
     of the Committee on the Budget of the House of 
     Representatives under section 05, at any time after the end 
     of that period.

     SEC. 05. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairperson of the Committee on the Budget of the Senate for 
     certification of determinations made under paragraph (2) (A) 
     and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the Senate shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative

[[Page S6679]]

     Officer of the House of Representatives shall submit a 
     request to the Chairperson of the Committee on the Budget of 
     the House of Representatives for certification of 
     determinations made under paragraph (2) (A) and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the House of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraph (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. 06. EFFECTIVE DATE.

       This title shall take effect on February 1, 2013.
                                 ______
                                 
  SA 804. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Crapo, 
Mr. Risch, Ms. Snowe, Ms. Ayotte, Mr. Johanns, Mr. Nelson of Nebraska, 
Mr. Hoeven, Ms. Murkowski, Mr. Johnson of Wisconsin, and Mr. Kohl) 
submitted an amendment intended to be proposed to amendment SA 738 
proposed by Mr. Inouye to the 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; as follows:

       At the end of title VII of division A, add the following:
       Sec. _.  None of the funds made available by this Act may 
     be used to implement an interim final or final rule that--
       (1) sets any maximum limits on the serving of vegetables in 
     school meal programs established under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.) and by 
     section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773); or
       (2) is inconsistent with the recommendations of the most 
     recent Dietary Guidelines for Americans for vegetables.
                                 ______
                                 
  SA 805. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       On page 49, line 15, before the period at the end insert 
     ``: Provided, That up to $2,000,000,000 shall be used for the 
     construction, acquisition, or improvement of fossil-fueled 
     electric generating plants (whether new or existing) that 
     utilize carbon sequestration systems''.
                                 ______
                                 
  SA 806. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the 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; which was ordered to lie on the table; as follows:

       On page 365, line 8, strike ``10,000'' and insert 
     ``20,000''.
                                 ______
                                 
  SA 807. Mr. ROBERTS (for himself, Mr. Johanns, Mr. Boozman, Mr. 
Lugar, Mr. Chambliss, Mr. Inhofe, Mr. Thune, Mr. Moran, Mr. Barrasso, 
Mr. Crapo, and Mr. Risch) submitted an amendment intended to be 
proposed to amendment SA 738 proposed by Mr. Inouye to the 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; which was 
ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. 7__. (a) Use of Authorized Pesticides.--Section 3(f) 
     of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136a(f)) is amended by adding at the end the 
     following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act, 
     the Administrator or a State may not require a permit under 
     that Act for a discharge from a point source into navigable 
     waters of a pesticide authorized for sale, distribution, or 
     use under this Act, or the residue of such a pesticide, 
     resulting from the application of the pesticide.''.
       (b) Discharges of Pesticides.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.), or the residue of such a pesticide, resulting from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act that is relevant 
     to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the quantity of pesticide or pesticide residue in 
     the discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:
       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.
                                 ______
                                 
  SA 808. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 6, line 8, strike ``$28,165,000'' and insert 
     ``$20,165,000''.
       On page 7, line 14, strike ``$8,105,000'' and insert 
     ``$7,105,000''.
       On page 7, line 18, strike ``$84,121,000'' and insert 
     ``$83,121,000''.
       On page 76, line strike lines 13 through 15 and insert the 
     following:
       (2) The Watershed Rehabilitation program authorized by 
     section 14 of the Watershed Protection and Flood Prevention 
     Act (16 U.S.C. 1012), in excess of $10,000,000;
                                 ______
                                 
  SA 809. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 251, strike line 8 and insert ``agreement, shall 
     not be required to repay grant amounts received in error 
     under such sections and, in addition, shall be reimbursed for 
     core or expanded deployment expenditures such States made 
     before the date of the enactment of this Act in reliance on a 
     grant awarded in error under such sections.''.
                                 ______
                                 
  SA 810. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       At the end of title VII of division A, add the following:
       Sec. _.  None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to carry out the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.) in any manner that 
     permits a household or individual to qualify for benefits 
     under that program without qualifying under the specific 
     eligibility standards (including income and assets 
     requirements) of the program, regardless of the participation 
     of the household or individual in any other Federal or State 
     program.
                                 ______
                                 
  SA 811. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2112, making appropriations to Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, insert the following:

     SEC. __. NO CHANGES IN MANDATORY PROGRAMS IN APPROPRIATION 
                   BILLS.

       Section 302(f)(2) of the Congressional Budget Act of 1974 
     is amended to read as follows:
       ``(2) In the senate.--After a concurrent resolution on the 
     budget is agreed to, it shall not be in order in the Senate 
     to consider any bill or joint resolution, amendment, motion, 
     or conference report that--
       ``(A)(i) in the case of any committee except the Committee 
     on Appropriations, would cause the applicable allocation of 
     new budget authority or outlays under subsection (a) for the 
     first fiscal year or the total of fiscal years to be 
     exceeded; or
       ``(ii) in the case of the Committee on Appropriations, 
     would cause the applicable suballocation of new budget 
     authority or outlays under subsection (b) to be exceeded; or
       ``(B) includes one or more provisions that would have been 
     estimated as affecting direct spending or receipts under 
     section 252 of

[[Page S6680]]

     the Balanced Budget and Emergency Deficit Control Act of 1985 
     were they included in legislation other than appropriations 
     legislation, if such provision does not result in net outlay 
     savings over the total of the period of the current year, the 
     budget year, and all fiscal years covered under the most 
     recently adopted concurrent resolution on the budget.''.
                                 ______
                                 
  SA 812. Mr. SESSIONS (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed to amendment SA 738 proposed by Mr. 
Inouye to the 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; which was ordered to lie on the table; as follows:

       On page 108, between lines 22 and 23, insert the following:
       Sec. 114.  No funds appropriated, or otherwise made 
     available, under this Act may be used by the Director of the 
     United States Patent and Trademark Office to carry out 
     section 37 of the Leahy-Smith America Invents Act (35 U.S.C. 
     156 note), including the flush sentence added to section 
     156(d)(1) of title 35, United States Code, by such section 
     37.
                                 ______
                                 
  SA 813. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 147, line 7, strike the period at the end and 
     insert ``: Provided further, That no jurisdiction shall 
     receive compensation from the amount made available by this 
     paragraph if the jurisdiction has a custom, practice, policy, 
     legislative provision, or ordinance that results in the 
     jurisdiction failing or refusing to comply with immigration 
     detainers issued by U.S. Immigration and Customs 
     Enforcement.''.
                                 ______
                                 
  SA 814. Mr. CRAPO (for himself, Mr. Johanns, Mr. Shelby, Mr. Toomey, 
Mr. Moran, and Mr. Vitter) submitted an amendment intended to be 
proposed to amendment SA 738 proposed by Mr. Inouye to the 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; which was 
ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Commodity Futures Trading Commission--
       (1) to promulgate any final rules under the Dodd-Frank Wall 
     Street Reform and Consumer Protection Act (Public Law 111-
     203; 124 Stat. 1376) (including under any law amended by that 
     Act) or the Commodity Exchange Act (7 U.S.C. 1 et seq.), 
     until the Commodity Futures Trading Commission, jointly with 
     the Securities and Exchange Commission and the prudential 
     regulators (as defined in section 1a of the Commodity 
     Exchange Act (7 U.S.C. 1a))--
       (A) has, pursuant to the notice and comment provisions of 
     section 553 of title 5, United States Code, adopted an 
     implementation schedule for title VII of the Dodd-Frank Wall 
     Street Reform and Consumer Protection Act (15 U.S.C. 8301 et 
     seq.) (including amendments made by that title) (referred to 
     this section as ``the title'') that sets forth a schedule for 
     the publication of final rules required by the title that--
       (i) begins with the publication of the rules required under 
     section 712(d)(1) of that Act (15 U.S.C. 8302); and
       (ii) includes provisions that require a rulemaking and 
     provisions that do not require a rulemaking; and
       (B) has completed and submitted to Congress an analysis 
     that includes--
       (i) a quantitative analysis of the effects of the title on 
     United States economic growth and job creation;
       (ii) an assessment of the implications of the title for 
     cross-border activity by, and international competitiveness 
     of, United States financial institutions, companies, and 
     investors;
       (iii) an assessment of whether and how the definitional, 
     clearing, trading, reporting, recordkeeping, real-time 
     reporting, registration, capital, margin, business conduct, 
     position limits, and other requirements of the title work 
     together, and how those requirements affect market depth and 
     liquidity;
       (iv) an assessment of the implications of any lack of 
     harmonization by the Securities and Exchange Commission, the 
     Commodity Futures Trading Commission, and the prudential 
     regulators with respect to the timing and the substance of 
     the rules of those entities; and
       (v) an analysis of the progress of members of the Group of 
     20 and other countries toward implementing derivatives 
     regulatory reform, including material differences in the 
     schedule for implementation (as well as material differences 
     in definitions, clearing, trading, reporting, registration, 
     capital, margin, business conduct, and position limits) and 
     the possible and likely effects on United States 
     competitiveness, market liquidity, and financial stability; 
     or
       (2) to further define the terms--
       (A) ``swap'' and ``security-based swap'' to include--
       (i) for purposes of section 4s(e) of the Commodity Exchange 
     Act (7 U.S.C. 6s(e)) and section 15F(e) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-10(e)), an agreement, 
     contract, or transaction that would otherwise be a swap or 
     security-based swap, in which 1 of the counterparties is 
     not--

       (I) a swap dealer or major swap participant;
       (II) an investment fund that--

       (aa) has issued securities (other than debt securities) to 
     more than 5 unaffiliated persons;
       (bb) would be an investment company (as defined in section 
     3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)) 
     but for paragraph (1) or (7) of subsection (c) of that 
     section; and
       (cc) is not primarily invested in physical assets 
     (including commercial real estate) directly or through an 
     interest in an affiliate that owns the physical assets;

       (III) a regulated entity, as defined in section 1303 of the 
     Federal Housing Enterprises Financial Safety and Soundness 
     Act of 1992 (12 U.S.C. 4502); or
       (IV) a commodity pool that is predominantly invested in any 
     combination of commodities, commodity swaps, commodity 
     options, or commodity futures;

       (ii) an agreement, contract, or transaction that would 
     otherwise be a swap or security-based swap, and that is 
     entered into by a party that is controlling, controlled by, 
     or under common control with its counterparty; or
       (iii) except with respect to any law (including rules and 
     regulations) prohibiting fraud or manipulation, an agreement, 
     contract, or transaction that would otherwise be a swap or 
     security-based swap and--

       (I) is entered into outside of the United States between 
     counterparties established under the laws of any jurisdiction 
     outside of the United States (including a non-United States 
     branch of a United States entity licensed and recognized 
     under local law outside of the United States);
       (II) has a valid business purpose;
       (III) is not structured with the sole purpose of evading 
     the requirements of the title; and
       (IV) is not reasonably expected to have a serious adverse 
     effect on the stability of the United States financial 
     system; and

       (B) ``major swap participant'' and ``major security-based 
     swap participant'' in a manner that does not distinguish 
     between--
       (i) net and gross exposures; and
       (ii) collateralized and uncollateralized positions.
                                 ______
                                 
  SA 815. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 6, line 17, insert ``: Provided further, That 
     $8,000,000 of the amount made available by this heading shall 
     be transferred to carry out the program authorized under 
     section 14 of the Watershed Protection and Flood Prevention 
     Act (16 U.S.C. 1012)'' before the period at the end.
                                 ______
                                 
  SA 816. Mr. SANDERS submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 87, line 21, insert ``, of which $1,000,000 shall 
     be for economic adjustment assistance grants under section 
     209 of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. 3149) to support innovative, utility-administered 
     energy efficiency programs for small businesses'' before the 
     period at the end.
                                 ______
                                 
  SA 817. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 319, line 8, strike ``$57,000,000'' and insert 
     ``$62,398,750''.
       On page 319, line 14, strike ``$35,000,000'' and insert 
     ``$40,398,750''.
       On page 336, line 1, strike ``$199,035,000'' and insert 
     ``$193,636,250''.
                                 ______
                                 
  SA 818. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr.

[[Page S6681]]

Inouye to the 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; which was ordered to lie on the table; as follows:

       On page 307, line 12, after ``including'' insert the 
     following: ``long-term accrued leave,''.
                                 ______
                                 
  SA 819. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 769 proposed by Mr. Vitter to the amendment SA 738 
proposed by Mr. Inouye to the 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; which was ordered to lie on the table; as 
follows:

       On page 1, line 8 of the amendment, insert ``or Mexico'' 
     after ``Canada''.
                                 ______
                                 
  SA 820. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 769 proposed by Mr. Vitter to the amendment SA 738 
proposed by Mr. Inouye to the 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; which was ordered to lie on the table; as 
follows:

       On page 1 of the amendment, strike line 8 though line 10 
     and insert the following: ``381(g))) from importing a 
     prescription drug from Canada, or from a permitted country 
     designated by the Secretary of Health and Human Services, 
     that complies with the Federal Food, Drug, and Cosmetic Act:  
     Provided, That the Secretary shall designate a permitted 
     country as a country from which an individual may import a 
     prescription drug in accordance with this section if the 
     Secretary determines that (1) the country has statutory or 
     regulatory standards that are equivalent to the standards in 
     the United States and Canada with respect to the training of 
     pharmacists, the practice of pharmacy, and the protection of 
     the privacy of personal medical information, and (2) the 
     importation of drugs to individuals in the United States from 
     the country will not adversely affect public health:  
     Provided further, That the term `permitted country' means--
       ``(1) Australia;
       ``(2) a member country of the European Union, but does not 
     include a member country with respect to which--
       ``(A) the country's Annex to the Treaty of Accession to the 
     European Union 2003 includes a transitional measure for the 
     regulation of human pharmaceutical products that has not 
     expired; or
       ``(B) the Secretary determines that the requirements 
     described in subparagraphs (A) and (B) of paragraph (6) will 
     not be met by the date on which such transitional measure for 
     the regulation of human pharmaceutical products expires;
       ``(3) Japan;
       ``(4) New Zealand;
       ``(5) Switzerland; and
       ``(6) a country in which the Secretary determines the 
     following requirements are met:
       ``(A) The country has statutory or regulatory 
     requirements--
       ``(i) that require the review of drugs for safety and 
     effectiveness by an entity of the government of the country;
       ``(ii) that authorize the approval of only those drugs that 
     have been determined to be safe and effective by experts 
     employed by or acting on behalf of such entity and qualified 
     by scientific training and experience to evaluate the safety 
     and effectiveness of drugs on the basis of adequate and well-
     controlled investigations, including clinical investigations, 
     conducted by experts qualified by scientific training and 
     experience to evaluate the safety and effectiveness of drugs;
       ``(iii) that require the methods used in, and the 
     facilities and controls used for the manufacture, processing, 
     and packing of drugs in the country to be adequate to 
     preserve their identity, quality, purity, and strength;
       ``(iv) for the reporting of adverse reactions to drugs and 
     procedures to withdraw approval and remove drugs found not to 
     be safe or effective; and
       ``(v) that require the labeling and promotion of drugs to 
     be in accordance with the approval of the drug.
       ``(B) The valid marketing authorization system in the 
     country is equivalent to the systems in the countries 
     described in paragraphs (1) through (5).
       ``(C) The importation of drugs to the United States from 
     the country will not adversely affect public health.''.
                                 ______
                                 
  SA 821. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 213, line 13, insert ``: Provided further, That 
     notwithstanding section 133(d)(2) of title 23, United States 
     Code, none of the funds made available under this heading may 
     be used to implement or execute transportation enhancement 
     activities: Provided further, That at least 10 percent of the 
     funds made available under this heading shall be made 
     available for the highway bridge program authorized under 
     section 144 of title 23, United States Code'' before the 
     period at the end.
                                 ______
                                 
  SA 822. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 231, lines 13 through 16, strike ``$41,107,000,000 
     for Federal-aid highways and highway safety construction 
     programs for fiscal year 2012: Provided, That within the 
     $41,107,000,000'' and insert ``$27,000,000,000 for Federal-
     aid highways and highway safety construction programs for 
     fiscal year 2012: Provided, That within the 
     $27,000,000,000''.
                                 ______
                                 
  SA 823. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       Beginning on page 84, strike line 8 and all that follows 
     through page 108, line 24.
                                 ______
                                 
  SA 824. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follow:

       At the appropriate place, insert the following:

                 DIVISION __--CORPS OF ENGINEERS REFORM

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Corps of Engineers 
     Reform Act of 2011''.

                   TITLE I--HARBOR MAINTENANCE REFORM

     SEC. 101. PURPOSE.

       The purpose of this title is to establish a harbor 
     maintenance block grant program to provide the maximum 
     flexibility to each State to carry out harbor maintenance and 
     deepening projects in the State.

     SEC. 102. DEFINITIONS.

       Except as otherwise specifically provided, in this title:
       (1) Harbor maintenance.--The term ``harbor maintenance'' 
     means any project directly related to the operations and 
     maintenance of a harbor, including additional development of 
     a harbor.
       (2) Lead agency.--The term ``lead agency'' means the agency 
     designated under section 106(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (4) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 103. FUNDING.

       The harbor maintenance block grant program established 
     under section 104 shall be funded from the State Harbor 
     Maintenance Block Grant Account established under section 
     9505 of the Internal Revenue Code of 1986.

     SEC. 104. ESTABLISHMENT OF HARBOR MAINTENANCE BLOCK GRANT 
                   PROGRAM.

       The Secretary shall establish a program to make grants to 
     States in accordance with this title to carry out harbor 
     maintenance and deepening projects located in participating 
     States in accordance with the priorities determined by each 
     participating State, including operations and maintenance, 
     investigations, site infrastructure improvements, and new 
     construction projects at harbors.

     SEC. 105. REPORTS.

       (a) In General.--To be eligible to receive and expend 
     amounts for a fiscal year under this title, a State shall 
     prepare and submit to the Secretary a report describing the 
     activities that the State intends to carry out using amounts 
     received under this title, including information on the types 
     of activities to be carried out.
       (b) Availability and Comment.--A report under subsection 
     (a) shall be made public within the State in such a manner as 
     to facilitate comment by any person (including any Federal or 
     other public agency) during the development of the report and 
     after the completion of the report.

[[Page S6682]]

       (c) Revision.--
       (1) In general.--The report shall be revised throughout the 
     year as may be necessary to reflect substantial changes in 
     the activities assisted using amounts provided under this 
     title.
       (2) Availability and comment.--Any revision in the report 
     shall be subject to subsection (b).
       (d) No Additional Reports.--The Secretary may not impose 
     any reporting requirements on States to carry out this title 
     that are in addition to the reports specifically required 
     under this title.

     SEC. 106. LEAD AGENCY.

       (a) Designation.--The chief executive officer of a State 
     that seeks to receive a grant under this title shall 
     designate, in an application submitted to the Secretary under 
     section 107, an appropriate State agency that complies with 
     subsection (b) to act as the lead agency for the State.
       (b) Duties.--
       (1) In general.--The lead agency shall--
       (A) administer, directly or through other State agencies, 
     the financial assistance received under this title by the 
     State;
       (B) develop the State plan to be submitted to the Secretary 
     under section 107(a)(2);
       (C) in conjunction with the development of the State plan, 
     hold at least 1 hearing in the State to provide to the public 
     an opportunity to comment on the State plan; and
       (D) coordinate the implementation of harbor maintenance 
     projects under this title with applicable Federal, State, and 
     local agencies.
       (2) Development of plan.--In the development of the State 
     plan described in paragraph (1)(B), the lead agency shall 
     consult with appropriate representatives of units of general 
     purpose local government on issues relating to the State 
     plan.

     SEC. 107. APPLICATION AND PLAN.

       (a) Application.--To be eligible to receive assistance 
     under this title, a State shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary shall by rule 
     require, including--
       (1) an assurance that the State will comply with the 
     requirements of this title; and
       (2) a State plan that meets the requirements of subsection 
     (b).
       (b) Requirements of a Plan.--
       (1) Lead agency.--The State plan shall identify the lead 
     agency.
       (2) Use of block grant funds.--The State plan shall provide 
     that the State shall use the amounts provided to the State 
     for each fiscal year under this title to carry out harbor 
     maintenance and deepening projects.
       (c) Approval of Application.--The Secretary shall approve 
     an application that satisfies the requirements of this 
     section.

     SEC. 108. EFFECT ON ENVIRONMENTAL LAWS.

       Nothing in this title affects, alters, or modifies any 
     provisions of applicable Federal environmental laws 
     (including regulations).

     SEC. 109. ADMINISTRATION AND ENFORCEMENT.

       (a) Administration.--The Secretary shall--
       (1) coordinate all activities of the Department of Defense 
     relating to harbor maintenance activities, and, to the 
     maximum extent practicable, coordinate the activities with 
     similar activities of other Federal entities; and
       (2) provide technical assistance to assist States in 
     carrying out this title, including assistance on a 
     reimbursable basis.
       (b) Enforcement.--
       (1) Review of compliance with state plan.--The Secretary 
     shall--
       (A) review and monitor State compliance with--
       (i) this title; and
       (ii) the plan approved under section 107(c) for the State; 
     and
       (B) have the power to terminate payments to the State in 
     accordance with paragraph (2).
       (2) Noncompliance.--
       (A) In general.--
       (i) Application.--This subparagraph applies if the 
     Secretary, after reasonable notice to a State and opportunity 
     for a hearing, finds that--

       (I) there has been a failure by the State to comply 
     substantially with any provision or requirement set forth in 
     the plan approved under section 107(c) for the State in a 
     manner that constitutes fraud or abuse; or
       (II) in the operation of any program or activity for which 
     assistance is provided under this title, there is a failure 
     by the State to comply substantially with any provision of 
     this title in a manner that constitutes fraud or abuse.

       (ii) Notice.--If the Secretary makes the finding described 
     in subclause (I) or (II) of clause (i), the Secretary shall 
     notify the State of the finding and that no further payments 
     will be made to the State under this title (or, in the case 
     of noncompliance in the operation of a program or activity, 
     that no further payments to the State will be made with 
     respect to the program or activity) until the Secretary is 
     satisfied that there is no longer any such failure to comply 
     or that the noncompliance will be promptly corrected.
       (B) Additional sanctions.--In the case of a finding of 
     noncompliance made pursuant to subparagraph (A), the 
     Secretary may, in addition to imposing the sanctions 
     described in subparagraph (A), impose other appropriate 
     sanctions, including recoupment of funds improperly expended 
     for purposes prohibited or not authorized by this title, and 
     disqualification from the receipt of financial assistance 
     under this title.
       (C) Notice.--The notice required under subparagraph (A) 
     shall include specific identification of any additional 
     sanction being imposed under subparagraph (B).
       (3) Procedures.--The Secretary shall establish by 
     regulation procedures for--
       (A) receiving, processing, and determining the validity of 
     complaints concerning any failure of a State to comply with 
     the State plan or any requirement of this title; and
       (B) imposing sanctions under this section.

     SEC. 110. PAYMENTS.

       (a) In General.--
       (1) Payments.--A State that has an application approved by 
     the Secretary under section 107(c) shall be entitled to a 
     payment under this section for each fiscal year in an amount 
     that is equal to the allotment of the State under section 113 
     for the fiscal year.
       (2) State entitlement.--Subject to the availability of 
     funds under section 103, this title--
       (A) constitutes budget authority in advance of 
     appropriations Acts; and
       (B) represents the obligation of the Federal Government to 
     provide for the payment to States of the amount described in 
     paragraph (1).
       (b) Method of Payment.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may make payments to a State in installments, in advance, or 
     by way of reimbursement, with necessary adjustments on 
     account of overpayments or underpayments, as the Secretary 
     may determine.
       (2) Limitation.--The Secretary may not make the payments in 
     a manner that prevents the State from complying with section 
     107.

     SEC. 111. AUDITS.

       (a) Requirement.--After the close of each program period 
     covered by an application approved under section 107(c), a 
     State shall audit--
       (1) the expenditures of the State during the program period 
     from amounts received under this title; and
       (2) the maintenance by the State of unexpended amounts 
     received by the State under this title.
       (b) Independent Auditor.--An audit under this section shall 
     be conducted--
       (1) by an entity that is independent of any agency 
     administering activities that receive assistance under this 
     title; and
       (2) in accordance with generally accepted auditing 
     principles.
       (c) Submission.--Not later than 30 days after the 
     completion of an audit under this section, the State shall 
     submit a copy of the audit to the legislature of the State 
     and to the Secretary.
       (d) Repayment of Amounts.--
       (1) In general.--Except as provided in paragraph (2), each 
     State shall repay to the United States any amounts made 
     available to the State under this title and determined 
     through an audit under this section--
       (A) to have been expended in a manner that constitutes 
     fraud or abuse; or
       (B) to remain unexpended as a result of fraud or abuse.
       (2) Offset to amounts.--As an alternative to requiring 
     repayment of amounts under paragraph (1), the Secretary may 
     offset the amounts required to be repaid against any other 
     amounts to which the State is or may be entitled under this 
     title.

     SEC. 112. REPORT BY SECRETARY.

       Not later than 60 days after the date of enactment of this 
     Act, and annually thereafter, the Secretary shall submit to 
     the appropriate committees of Congress a report that 
     contains--
       (1) a summary and analysis of the data and information 
     provided to the Secretary in the State audits submitted under 
     section 111; and
       (2) an assessment, and if appropriate, recommendations for 
     Congress concerning efforts that should be undertaken to 
     improve harbor maintenance in the United States.

     SEC. 113. ALLOTMENTS.

       (a) In General.--For each fiscal year, the Secretary shall 
     allot to each participating State an amount that is equal to 
     the proportion that--
       (1) the amounts collected in the State for deposit in the 
     State Harbor Maintenance Block Grant Account for that fiscal 
     year in accordance with section 9505 of the Internal Revenue 
     Code of 1986; bears to
       (2) the total amount of funds in the State Harbor 
     Maintenance Block Grant Account in that fiscal year.
       (b) Insufficient Funds.--If the Secretary finds that the 
     total amount of allotments to which States would otherwise be 
     entitled for a fiscal year under subsection (a) will exceed 
     the amount of funds available to provide the allotments for 
     the fiscal year, the Secretary shall reduce the allotments 
     made to States under this subsection, on a pro rata basis, to 
     the extent necessary to allot under this subsection a total 
     amount that is equal to the funds that will be made 
     available.

     SEC. 114. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.

       (a) In General.--Subsection (c) of section 9505 of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``Amounts'' and inserting ``Except as provided in subsection 
     (d), amounts''.
       (b) State Block Grants.--Section 9505 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(d) Establishment of State Block Grant Account.--

[[Page S6683]]

       ``(1) Creation of account.--There is established in the 
     Harbor Maintenance Trust Fund a separate account to be known 
     as the `State Harbor Maintenance Block Grant Account' 
     consisting of such amounts as may be transferred or credited 
     to the State Harbor Maintenance Block Grant Account as 
     provided in this section or section 9602(b).
       ``(2) Transfers to state harbor maintenance block grant 
     account.--The Secretary shall transfer to the State Harbor 
     Maintenance Block Grant Account the electing State amount of 
     the amounts appropriated to the Harbor Maintenance Trust Fund 
     under subsection (b).
       ``(3) Expenditures from account.--Except as provided in 
     paragraph (4), amounts in the State Harbor Maintenance Block 
     Grant Account shall be available for making expenditures to 
     fund the harbor maintenance block grant program authorized by 
     the Corps of Engineers Reform Act of 2011. The Secretary 
     shall, from time to time, transfer such amounts to such 
     accounts as are identified by the Secretary of the Army, 
     acting through the Chief of Engineers, for the purpose of 
     making such expenditures.
       ``(4) Limitations.--
       ``(A) Non-electing states.--Amounts in the State Harbor 
     Maintenance Block Grant Account shall not be used for making 
     any payment to a State, or for making expenditures within a 
     State, unless such State is an electing State.
       ``(B) Reservation of administrative costs.--
       ``(i) In general.--The expenditures under subsection (c)(3) 
     shall be borne by the State Harbor Maintenance Block Grant 
     Account and the General Account in proportion to the 
     respective amounts of the revenues transferred under this 
     section to the State Harbor Maintenance Block Grant Account 
     and the General Account (after the application of paragraph 
     (2)).
       ``(ii) Reservation.--The amounts required to bear the State 
     Harbor Maintenance Block Grant Account's share of the 
     expenditures under clause (i) shall be reserved for such 
     purpose and shall not be used to make any other expenditures.
       ``(iii) General account.--For purposes of this 
     subparagraph, the term `General Account' means the portion of 
     the Harbor Maintenance Trust Fund which is not the State 
     Harbor Maintenance Block Grant Account.
       ``(5) Definitions.--For purposes of this subsection--
       ``(A) Electing state amount.--The term `electing State 
     amount' means the portion of the amounts appropriated to the 
     Harbor Maintenance Trust Fund under subsection (b) which is 
     equivalent to the taxes received in the Treasury under 
     section 4461 which are collected from ports in electing 
     States.
       ``(B) Electing state.--The term `electing State' means a 
     State that has elected (by submission of the application 
     required under section 107 of the Corps of Engineers Reform 
     Act of 2011) to participate in the harbor maintenance block 
     grant program authorized by the Corps of Engineers Reform Act 
     of 2011.
       ``(6) Coordination with trust fund expenditures.--
     Expenditures under paragraphs (1) and (2) of subsection (c) 
     shall not be made to, or for projects located within, any 
     State which is an electing State.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts appropriated or transferred to the 
     Harbor Maintenance Trust Fund under section 9505 of the 
     Internal Revenue Code of 1986 after the date of the enactment 
     of this Act.

                 TITLE II--WATER RESOURCES DEVELOPMENT

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Water 
     Resources Commission established by section 203.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.

     SEC. 202. CORPS TRANSPARENCY.

       (a) Annual Publication of Authorized Projects.--
       (1) In general.--The Secretary shall publish annually a 
     list describing each authorized water resources project of 
     the Corps of Engineers in the Federal Register and on a 
     publically available website.
       (2) Contents.--For each authorized water resources project, 
     the list described in paragraph (1) shall include--
       (A) the date on which the water resources project was 
     authorized; and
       (B) the amount of Federal funds, if any, provided to the 
     water resources project during the 5 years immediately 
     preceding the date on which the list described in paragraph 
     (1) is published.
       (3) Report to congress.--The Secretary shall submit the 
     list described in paragraph (1) to--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.
       (b) Publication of Deauthorized Projects.--
       (1) In general.--Not later than 90 days after date of the 
     enactment of this Act, the Secretary shall publish a list 
     describing each water resources study or project of the Corps 
     of Engineers that is no longer authorized.
       (2) Contents.--For each water resources study or project 
     described in paragraph (1), the list described in paragraph 
     (1) shall include--
       (A) the date on which the water resources study or project 
     was authorized; and
       (B) the amount of Federal funds, if any, provided to the 
     water resources study or project for the 5 years immediately 
     following the date on which that study or project was 
     authorized.
       (3) Report to congress.--The Secretary shall submit the 
     list described in paragraph (1) to--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.

     SEC. 203. WATER RESOURCES COMMISSION.

       (a) Establishment of Commission.--
       (1) Establishment.--There is established a commission, to 
     be known as the ``Water Resources Commission'', to prioritize 
     water resources projects in the United States.
       (2) Membership.--
       (A) Composition.--
       (i) In general.--The Commission shall be composed of 11 
     members, of whom--

       (I) 1 member shall be appointed by the President;
       (II) 1 member shall be appointed by the Speaker of the 
     House of Representatives;
       (III) 1 member shall be appointed by the majority leader of 
     the Senate; and
       (IV) 8 members shall be appointed in accordance with clause 
     (ii) by the Speaker of the House of Representatives and the 
     majority leader of the Senate, in consultation with the 
     minority leader of the House of Representatives and the 
     minority leader of the Senate.

       (ii) Restrictions.--

       (I) In general.--Subject to subclause (II), each of the 8 
     members appointed under clause (i)(IV) shall represent 1 of 
     the following Corps of Engineers geographical divisions:

       (aa) Great Lakes & Ohio River Division.
       (bb) Mississippi Valley Division.
       (cc) North Atlantic Division.
       (dd) Northwestern Division.
       (ee) Pacific Ocean Division.
       (ff) South Atlantic Division.
       (gg) South Pacific Division.
       (hh) Southwestern Division.

       (II) Geographical representation.--Not more than 2 of the 
     members appointed under clause (i)(IV) shall represent the 
     same Corps of Engineers geographical division described in 
     subclause (I).

       (B) Qualifications.--
       (i) In general.--Subject to clause (ii), members shall be 
     appointed to the Commission from among individuals who--

       (I)(aa) are knowledgeable in the fields of navigation, 
     water infrastructure, or natural resources; or
       (bb) are recognized as having expertise in project 
     management or cost-benefit analysis; and
       (II) while serving on the Commission, do not hold any other 
     position as an officer or employee of the United States, 
     except as a retired officer or retired civilian employee of 
     the United States.

       (ii) Requirement.--At least 1 of the members under 
     subparagraph (A) shall have knowledge of safety issues 
     relating to water resources projects carried out by the Corps 
     of Engineers.
       (C) Date of appointments.--The members of the Commission 
     shall be appointed under subparagraph (A) not later than 90 
     days after the date of enactment of this Act.
       (3) Term; vacancies.--
       (A) Term.--A member shall be appointed for the life of the 
     Commission.
       (B) Vacancies.--A vacancy in the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled not later than 30 days after the date 
     on which the vacancy occurs, in the same manner as the 
     original appointment was made.
       (4) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (5) Meetings.--The Commission shall meet at the call of--
       (A) the Chairperson; or
       (B) the majority of the members of the Commission.
       (6) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson and vice chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.
       (b) Duties of Commission.--
       (1) Prioritization of water resources projects.--
       (A) In general.--In accordance with this section, the 
     Commission shall make recommendations for the means by which 
     to prioritize water resources projects of the Corps of 
     Engineers and prioritize water resources projects of the 
     Corps of Engineers that are not being carried out under a 
     continuing authorities program.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a report containing the recommendations and

[[Page S6684]]

     prioritization method required under this paragraph.
       (C) Recommendations.--The report shall include 
     recommendations for--
       (i) a process of regularized prioritization assessments 
     that ensures continuity in project prioritization rankings 
     and the inclusion of newly authorized projects;
       (ii) a process to prioritize water resources projects 
     across project type; and
       (iii) a method of analysis, with respect to the 
     prioritization process, of recreation and other ancillary 
     benefits resulting from the construction of Corps of 
     Engineers projects.
       (D) Project inclusions.--The report shall include, at a 
     minimum, each water resources project authorized for study or 
     construction on or before the date of enactment of this Act.
       (E) Prioritization requirements.--
       (i) In general.--Each project described in the report shall 
     be categorized by project type and be classified into a tier 
     system of descending priority, to be established by the 
     Commission, in a manner that reflects the extent to which the 
     project achieves project prioritization criteria established 
     under subparagraph (F).
       (ii) Multipurpose projects.--Each multipurpose project 
     described in the report shall be classified--

       (I) by the project type that best represents the primary 
     project purpose, as determined by the Commission; and
       (II) into the tier system described in clause (i) within 
     that project type.

       (iii) Tier system requirements.--In establishing a tier 
     system under clause (i), the Commission shall ensure that 
     each tier--

       (I) is limited to total authorized project costs of 
     $5,000,000,000; and
       (II) includes not more than 100 projects.

       (iv) Balance.--The Commission shall seek, to the maximum 
     extent practicable, a balance between the water resource 
     needs of all States, regardless of the size or population of 
     a State.
       (F) Project prioritization criteria.--In preparing the 
     report, the Commission shall prioritize each water resources 
     project of the Corps of Engineers based on the extent to 
     which the project meets at least the following criteria and 
     such additional criteria as the Commission may fully explain 
     in the report:
       (i) For flood damage reduction projects, the extent to 
     which such a project--

       (I) addresses critical flood damage reduction needs of the 
     United States, including by reducing the risk of loss of 
     life;
       (II) avoids increasing risks to human life or damages to 
     property in the case of large flood events; and
       (III) avoids adverse environmental impacts or produces 
     environmental benefits.

       (ii) For navigation projects, the extent to which such a 
     project--

       (I) addresses priority navigation needs of the United 
     States, including by having a high probability of producing 
     the economic benefits projected with respect to the project 
     and reflecting regional planning needs, as applicable; and
       (II) avoids adverse environmental impacts.

       (iii) For environmental restoration projects, the extent to 
     which such a project addresses priority environmental 
     restoration needs of the United States, including by 
     restoring the natural hydrologic processes and spatial extent 
     of an aquatic habitat, while being, to the maximum extent 
     practicable, self-sustaining.
       (2) Availability.--The report prepared under this 
     subsection shall be--
       (A) published in the Federal Register; and
       (B) submitted to--
       (i) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (ii) the Committees on Transportation and Infrastructure 
     and Appropriations of the House of Representatives.
       (c) Powers of Commission.--
       (1) Hearings.--The Commission shall hold such hearings, 
     meet and act at such times and places, take such testimony, 
     administer such oaths, and receive such evidence as the 
     Commission considers advisable to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the Federal agency 
     shall provide the information to the Commission.
       (3) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (4) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Commission Personnel Matters.--
       (1) Compensation of members.--A member of the Commission 
     shall serve without pay, but shall be allowed a per diem 
     allowance for travel expenses, 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 Commission.
       (2) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws, including 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by a 
     majority of the members of the Commission.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Commission may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (ii) Maximum rate of pay.--In no event shall any employee 
     of the Commission (other than the executive director) receive 
     as compensation an amount in excess of the maximum rate of 
     pay for Executive Level IV under section 5315 of title 5, 
     United States Code.
       (3) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of a Federal employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (4) Procurement of temporary and intermittent services.--On 
     request of the Commission, the Secretary, acting through the 
     Chief of Engineers, shall provide, on a reimbursable basis, 
     such office space, supplies, equipment, and other support 
     services to the Commission and staff of the Commission as are 
     necessary for the Commission to carry out the duties of the 
     Commission under this section.
       (e) Termination.--The Commission shall terminate on the 
     date that is 90 days after the date on which the final report 
     of the Commission is submitted under subsection (b).

     SEC. 204. FUNDING.

       (a) Funding.--
       (1) In general.--In carrying out this title, the Commission 
     shall use funds made available for the general operating 
     expenses of the Corps of Engineers.
       (2) Priority water resources projects.--In carrying out the 
     water resources projects prioritized by the Commission under 
     section 203(b), the Secretary shall use funds made available 
     to the Corps of Engineers.
       (b) Use of Commission Report by Secretary.--
       (1) In general.--The Secretary shall use the priority 
     recommendations described in the report under section 203(b) 
     as a means of allocating amounts appropriated under 
     subsection (a)(2).
       (2) Exception.--The Secretary may deviate from the priority 
     recommendations in the report under section 203(b) by 
     advancing the priority of a project only if the Secretary 
     determines that--
       (A) the project is vital to the national interest of the 
     United States; and
       (B) failure to complete the project would cause significant 
     harm and expense to the United States.
       (c) Reports.--
       (1) In general.--For each fiscal year, the Secretary shall 
     submit to the committees described in paragraph (2), and make 
     available to the public on the Internet, a report that lists, 
     for the year covered by the report--
       (A) the water resources projects that receive funding and 
     are carried out in accordance with section 203(b); and
       (B) the water resources projects that receive funding and 
     are carried out on a project-by-project basis through line 
     items contained in appropriations Acts.
       (2) Committees.--The committees referred to in paragraph 
     (1) are--
       (A) the Committees on Environment and Public Works and 
     Appropriations of the Senate; and
       (B) the Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 825. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 209, between lines 2 and 3, insert the following:
       Sec. 542.  All reports, written requests, and other 
     communications required to be submitted to the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives under this Act 
     shall be simultaneously posted in a prominent place on the 
     website of the submitting agency.
                                 ______
                                 
  SA 826. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:


[[Page S6685]]


       On page 108, between lines 22 and 23, insert the following:
       Sec. 114.  None of the funds made available by this Act may 
     be used for coastal and marine spatial planning (as defined 
     by Executive Order 13547 (33 U.S.C. 857-19 note; relating to 
     stewardship of the ocean, coasts, and Great Lakes)) for a 
     State unless the Governor of the State provides written 
     consent for such planning.
                                 ______
                                 
  SA 827. Ms. STABENOW submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:

     SEC. 7__. ASIAN CARP.

       (a) Definitions.--In this section:
       (1) CAWS.--The term ``CAWS'' means the Chicago Area Water 
     System.
       (2) Director.--The term ``Director'' means the Director of 
     the United States Geological Survey.
       (3) Hydrological separation.--The term ``hydrological 
     separation'' means a physical separation on the CAWS that--
       (A) would disconnect the Mississippi River from Lake 
     Michigan; and
       (B) shall be designed to be adequate in scope to prevent 
     the transfer of aquatic species between each of those bodies 
     of water.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (5) Study.--The term ``study'' means the feasibility study 
     described in subsection (b)(1).
       (b) Feasibility Study.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary, pursuant to section 206 
     of the Flood Control Act of 1958 (Public Law 85-500; 72 Stat. 
     317), shall initiate a study of the watersheds of the 
     following rivers (including the tributaries of the rivers) 
     that drain directly into Lake Michigan:
       (A) The Illinois River, at and in the vicinity of Chicago, 
     Illinois.
       (B) The Chicago River in the State of Illinois.
       (C) The Calumet River in the States of Illinois and 
     Indiana.
       (2) Purpose of study.--The purpose of the study shall be to 
     determine the feasibility and best means of implementing the 
     hydrological separation of the Great Lakes and Mississippi 
     River Basins to prevent the introduction or establishment of 
     populations of aquatic nuisance species between the Great 
     Lakes and Mississippi River Basins through the CAWS and other 
     aquatic pathways.
       (3) Requirements of study.--
       (A) Options.--The study shall include options to address--
       (i) flooding;
       (ii) Chicago wastewater and stormwater infrastructure;
       (iii) waterway safety operations; and
       (iv) barge and recreational vessel traffic alternatives, 
     which shall include--

       (I) examining other modes of transportation for cargo and 
     CAWS users; and
       (II) creating engineering designs to move canal traffic 
     from 1 body of water to another body of water without 
     transferring aquatic species.

       (B) Cost-benefit analysis.--The study shall contain a 
     detailed analysis of the environmental benefits and costs of 
     each option described in subparagraph (A).
       (C) Association with other study.--The study shall be 
     conducted in association with the study required under 
     section 3061(d) of the Water Resources Development Act of 
     2007 (Public Law 110-114; 121 Stat. 1121).
       (D) Consultation.--In conducting the study, the Secretary 
     shall consult with any relevant expert or stakeholder 
     knowledgeable on the issues of hydrological separation and 
     aquatic nuisance species.
       (4) Deadline.--The Secretary shall complete the study by 
     not later than the date that is 18 months after the date of 
     enactment of this Act.
       (c) Report.--
       (1) In general.--The Secretary shall prepare a report on 
     the waterways described in subsection (b)(1) in accordance 
     with--
       (A) the purpose described in subsection (b)(2); and
       (B) each requirement described in subsection (b)(3).
       (2) Deadlines.--The Secretary shall submit to Congress and 
     the President--
       (A) not later than 180 days after the date of enactment of 
     this Act, an initial report under this subsection;
       (B) not later than 1 year after the date of enactment of 
     this Act, an interim report under this subsection; and
       (C) not later than 18 months after the date of enactment of 
     this Act, a final report under this subsection.
       (d) Federal Expense Requirement.--The Secretary shall carry 
     out this section at full Federal expense.
       (e) Presidential Oversight.--The President, or the Council 
     on Environmental Quality, acting as a designee of the 
     President, shall oversee the study to ensure the thoroughness 
     and timely completion of the study.
       (f) Response to Additional Threats.--
       (1) Monitoring connecting waters.--To identify additional 
     threats that could allow Asian Carp to enter the Great Lakes 
     Basin, the Director, in cooperation with the Director of the 
     United States Fish and Wildlife Service, shall monitor and 
     survey all waters that connect to the Great Lakes Basin or 
     could connect to the Great Lakes Basin due to--
       (A) flooding;
       (B) underground hydrological connection; or
       (C) human-made diversion.
       (2) Response to additional threats.--As soon as practicable 
     after the date of identification of a threat under paragraph 
     (1), the Director, in cooperation with the Director of the 
     United States Fish and Wildlife Service, shall--
       (A) prioritize each threat; and
       (B) help identify means to impede the passage of Asian Carp 
     to the Great Lakes Basin.
       (3) Consultation with other actors.--In carrying out 
     paragraphs (1) and (2), the Director, in cooperation with the 
     Director of the United States Fish and Wildlife Service, 
     shall consult with each relevant--
       (A) Federal agency;
       (B) State; and
       (C) stakeholder.
                                 ______
                                 
  SA 828. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed to amendment SA 738 proposed by Mr. Inouye to the 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; which was 
ordered to lie on the table; as follows:

       On page 10, line 19, strike ``$265,987,000'' and insert 
     ``$261,987,000''.
       On page 15, line 12, strike ``$25,948,000'' and insert 
     ``$29,948,000''.
       On page 15, line 25, strike ``$5,988,000'' and insert 
     ``$9,988,000''.
                                 ______
                                 
  SA 829. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 371, after line 7 add the following:
       Sec. 237. (a) Notwithstanding the amount made available 
     under the heading ``native american housing block grants'' 
     under the heading ``Public and Indian Housing'' under the 
     heading DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT under 
     this division, there shall be available for the Native 
     American Housing Block Grants program, as authorized under 
     title I of the Native American Housing Assistance and Self-
     Determination Act of 1996, $705,300,000, to remain available 
     until expended.
       (b) Notwithstanding any other provision of this Act, the 
     amount made available or authorized to be appropriated for 
     fiscal year 2012 for each program, project, or activity 
     authorized under this division and the amendments made by 
     this division (except the program described in subsection 
     (a)) shall be reduced on a pro rata basis by a total of 
     $55,300,000.
                                 ______
                                 
  SA 830. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 371, after line 7 add the following:
       Sec. 237. (a) Notwithstanding the amount made available 
     under the heading ``native american housing block grants'' 
     under the heading ``Public and Indian Housing'' under the 
     heading DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT under 
     this division, there shall be available for the Native 
     American Housing Block Grants program, as authorized under 
     title I of the Native American Housing Assistance and Self-
     Determination Act of 1996, $705,300,000, to remain available 
     until expended.
       (b) Notwithstanding any other provision of this Act, the 
     amount made available or authorized to be appropriated for 
     fiscal year 2012 for each program, project, or activity 
     authorized under this division and the amendments made by 
     this division (except the program described in subsection 
     (a)) shall be reduced on a pro rata basis by a total of 
     $55,300,000.
                                 ______
                                 
  SA 831. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 769 proposed by Mr. Vitter to the amendment SA 738 
proposed by Mr. Inouye to the 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; which was ordered to lie on the table; as 
follows:


[[Page S6686]]


       On page 1 of the amendment, strike line 10 and insert the 
     following: ``Act: Provided, That notwithstanding other any 
     provision of law, the practices and policies of the Food and 
     Drug Administration and Bureau of Customs and Border 
     Protection, in effect on January 1, 2004, with respect to the 
     importation of prescription drugs into the United States by 
     an individual, on the person of such individual, for personal 
     use, shall remain in effect.''.

                                 ______
                                 
  SA 832. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       Beginning on page 53, strike line 9 and all that follows 
     through page 54, line 8, and insert the following:

               supplemental nutrition assistance program

       For necessary expenses to carry out the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.), $71,173,308,000, of 
     which $3,000,000,000, to remain available through September 
     30, 2013, shall be placed in reserve for use only in such 
     amounts and at such times as may become necessary to carry 
     out program operations: Provided, That funds provided herein 
     shall be expended in accordance with section 16 of the Food 
     and Nutrition Act of 2008: Provided further, That this 
     appropriation shall be subject to any work registration or 
     workfare requirements as may be required by law: Provided 
     further, That funds made available for Employment and 
     Training under this heading shall remain available until 
     expended, notwithstanding section 16(h)(1) of the Food and 
     Nutrition Act of 2008: Provided further, That of the funds 
     made available under this heading, $1,000,000 may be used to 
     provide nutrition education services to state agencies and 
     Federally recognized tribes participating in the Food 
     Distribution Program on Indian Reservations: Provided 
     further, That funds made available under this heading may be 
     available to enter into contracts and employ staff to conduct 
     studies, evaluations, or to conduct activities related to 
     program integrity provided that such activities are 
     authorized by the Food and Nutrition Act of 2008.
                                 ______
                                 
  SA 833. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. _.  None of the funds made available by this Act may 
     be used by the Secretary of Agriculture to provide direct 
     payments under section 1103 or 1303 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753).
                                 ______
                                 
  SA 834. Mr. PAUL submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available under this Act 
     may be used to take any action (including any administrative, 
     civil, criminal, or other action) that would prohibit, 
     interfere with, regulate, or otherwise restrict the 
     interstate traffic of milk, or a milk product, that is 
     unpasteurized and packaged for direct human consumption, if 
     the restriction is based on the determination that, solely 
     because the milk or milk product is unpasteurized, the milk 
     or milk product is adulterated, misbranded, or otherwise in 
     violation of Federal law.
                                 ______
                                 
  SA 835. Mr. PAUL (for himself and Mr. Vitter) submitted an amendment 
intended to be proposed by him to the 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of law, no 
     funds appropriated under any division of this Act shall be 
     used to implement or enforce Executive Order 13502 (issued 
     February 6, 2009).
                                 ______
                                 
  SA 836. Mr. LAUTENBERG (for himself, Mr. Sanders, Mr. Menendez, and 
Mrs. Gillibrand) submitted an amendment intended to be proposed by him 
to the 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; which was ordered to lie on the table; as follows:

       On page 88, between lines 8 and 9, insert the following:
     For an additional amount for ``Economic Development 
     Assistance Programs'' for expenses related to disaster 
     relief, long-term recovery, and restoration of infrastructure 
     in areas that received a major disaster designation in 2011 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)), $365,000,000, 
     to remain available until expended: Provided, That such 
     amount is designated by Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
     amended.
                                 ______
                                 
  SA 837. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the 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; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:

     SEC. ___. ASSISTANCE FOR DISASTER-AFFECTED PRODUCERS.

       (a) Definitions.--In this section:
       (1) Disaster county.--The term ``disaster county'' means--
       (A) a county included in the geographical area covered by a 
     qualifying natural disaster declaration; and
       (B) each county contiguous to a county described in 
     subparagraph (A).
       (2) Disaster-affected producer.--The term ``disaster-
     affected producer'' means an eligible producer on a farm (as 
     defined in section 531(a) of the Federal Crop Insurance Act 
     (7 U.S.C. 1531(a))) that suffered losses in a disaster county 
     in an insurable commodity or noninsurable commodity during 
     the 2011 crop year due to damaging weather or other 
     conditions relating to a natural disaster.
       (3) Qualifying natural disaster declaration.--The term 
     ``qualifying natural disaster declaration'' means a major 
     disaster or emergency designated by the President in 2011 due 
     to damaging weather or other conditions under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (b) Supplemental Agricultural Disaster Assistance 
     Program.--In the case of a disaster-affected producer that 
     does not meet the requirements of paragraph (1) of section 
     531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)), 
     the Secretary of Agriculture shall waive that paragraph if 
     the disaster-affected producer--
       (1) pays a fee in an amount equal to the applicable 
     noninsured crop assistance program fee or catastrophic risk 
     protection plan fee required under that paragraph for the 
     2011 crop year to the Secretary not later than 90 days after 
     the date of enactment of this Act; and
       (2)(A) in the case of each insurable commodity of the 
     disaster-affected producer, excluding grazing land, agree to 
     obtain a policy or plan of insurance under subtitle A of the 
     Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding 
     a crop insurance pilot program under that subtitle) for the 
     next insurance year for which crop insurance is available to 
     the eligible producers on the farm; and
       (B) in the case of each noninsurable commodity of the 
     disaster-affected producer, agree to file the required 
     paperwork, and pay the administrative fee by the applicable 
     State filing deadline, for the noninsured crop disaster 
     assistance program established by section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333) for the next year for which a policy is available.
       (c) Emergency Spending.--
       (1) Disaster relief.--The amount made available under this 
     section for major disaster counties (within the meaning of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.)) is designated by 
     Congress as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(D)).
       (2) Emergency requirement.--Amounts made available under 
     this section for emergency presidential declarations (within 
     the meaning of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.)) or 
     contiguous counties are 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)).
       (d) Effective Date.--This section takes effect on the date 
     of enactment of this Act.
                                 ______
                                 
  SA 838. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the 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,

[[Page S6687]]

2012, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 82, line 10, strike ``$78,000,000'' and insert 
     ``$155,700,000''.
       On page 83, line 11, strike ``$31,000,000'' and insert 
     ``$188,200,000''.
                                 ______
                                 
  SA 839. Mr. CONRAD (for himself, Mr. Leahy, Mr. Sanders, Mrs. 
Gillibrand, Mr. Hoeven, Mr. Menendez, and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the 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; which was ordered to 
lie on the table; as follows:

       On page 316, after line 23 add the following:
       For an additional amount for the ``Community Development 
     Fund'', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure, 
     housing, and economic revitalization resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) in 2011, $600,000,000, to remain available until 
     expended, for activities authorized under title I of the 
     Housing and Community Development Act of 1974 (Public Law 93-
     383): Provided, That the amount provided under this heading 
     is designated by Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
     amended: Provided further, That such additional amount shall 
     be subject to the same terms and conditions as any other 
     amounts provided under this heading.
                                 ______
                                 
  SA 840. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 769 proposed by Mr. Vitter to the amendment SA 738 
proposed by Mr. Inouye to the 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; which was ordered to lie on the table; as 
follows:

       On page 1 of the amendment, strike line 10 and insert the 
     following: ``Act: Provided, That notwithstanding any other 
     provision of law, the practices and policies of the Food and 
     Drug Administration and Bureau of Customs and Border 
     Protection, in effect on January 1, 2004, with respect to the 
     importation of prescription drugs into the United States by 
     an individual, on the person of such individual, for personal 
     use, shall remain in effect with respect to such importation 
     by individuals from countries other than Canada.''.
                                 ______
                                 
  SA 841. Mr. TESTER submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       On page 77, line 25, insert ``in excess of $5,000,000'' 
     before the semicolon at the end.
       On page 83, between lines 20 and 21, insert the following:
       Sec. ___.  Notwithstanding any other provision of this Act, 
     each amount provided by this Act to administration accounts 
     of the Department of Agriculture is reduced by the pro rata 
     percentage required to reduce the total amount provided to 
     those accounts by $5,000,000.
                                 ______
                                 
  SA 842. Mr. PAUL submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to provide to a person or legal entity 
     (as defined in section 1001(a) of the Food Security Act of 
     1985 (7 U.S.C. 1308(a)) any benefit described in section 
     1001D(b)(1)(C) of that Act (7 U.S.C. 1308-3a(b)(1)(C)) during 
     a crop, fiscal, or program year, as appropriate, if--
       (1) the person is deceased; or
       (2) the average adjusted gross income (as defined in 
     section 1001D(a)(1) of that Act) of the person or legal 
     entity exceeds $250,000.
                                 ______
                                 
  SA 843. Mr. HELLER submitted an amendment intended to be proposed by 
him to the 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; which was ordered to lie on the table; as follows:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218.  None of the funds made available by this Act may 
     be used to require a person licensed under section 923 of 
     title 18, United States Code, to report information to the 
     Department of Justice regarding the sale of multiple rifles 
     or shotguns to the same person.
                                 ______
                                 
  SA 844. Mr. HATCH (for himself, Mr. Moran, Mr. Inhofe, Mr. Isakson, 
Mr. Chambliss, Ms. Ayotte, Mr. Hoeven, Mr. Shelby, Mr. Nelson of 
Nebraska, and Mr. Heller) submitted an amendment to be proposed to 
amendment SA 738 proposed by Mr. Inouye ot the 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; which was ordered to 
lie on the table; as follows:

       On page 121, line 17, insert ``or hereafter'' after 
     ``herein''.
       On page 121, line 23, insert ``or hereafter'' after 
     ``herein''.
       On page 122, line 11, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 13, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 17, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 21, insert ``, hereafter,'' after 
     ``That''.
       On page 179, line 13, strike ``None of'' and insert 
     ``Hereafter, none of''.
       On page 181, line 3, strike ``The Bureau'' and insert ``For 
     fiscal year 2012 and thereafter, the Bureau''.
       On page 184, line 14, insert ``hereafter,'' after 
     ``treaty,''.
       On page 186, line 19, insert ``hereafter,'' after ``law,''.
                                 ______
                                 
  SA 845. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 3, strike ``: Provided,'' on line 16 and all that 
     follows through line 23 and insert a period.
                                 ______
                                 
  SA 846. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 150, strike line 23 and all that follows through 
     page 151, line 4.
                                 ______
                                 
  SA 847. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 176, strike lines 5 through 9.
                                 ______
                                 
  SA 848. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 3, strike ``: Provided,'' on line 16 and all that 
     follows through line 23 and insert a period.
       On page 150, strike line 23 and all that follows through 
     page 151, line 4.
       On page 176, strike lines 5 through 9.
                                 ______
                                 
  SA 849. Mr. RUBIO (for himself, Mr. Wicker, Mr. Nelson of Florida, 
Ms. Landrieu, and Mr. Shelby) submitted an amendment intended to be 
proposed to amendment SA 738 proposed by Mr. Inouye to the 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; which was 
ordered to lie on the table; as follows:

       On page 153, after line 24, add the following:

     SEC. 218. EVALUATION OF GULF COAST CLAIMS FACILITY.

       The Attorney General shall identify an independent auditor 
     to evaluate the claims determination methodologies of the 
     Gulf Coast Claims Facility.
                                 ______
                                 
  SA 850. Mr. DURBIN submitted an amendment intended to be proposed by

[[Page S6688]]

him to the 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; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __.  Not later than 1 year after the date of enactment 
     of this Act, the Government Accountability Office shall 
     conduct an assessment, and submit to Congress a report on the 
     results of such assessment, of the effectiveness and utility 
     of the adverse event reporting system since 2007, including--
       (1) the actions being taken, if any, by the Food and Drug 
     Administration to ensure that dietary supplement 
     manufacturers are reporting adverse events;
       (2) how the adverse event reporting system informs the 
     public of the efforts of the Food and Drug Administration to 
     protect consumers; and
       (3) to what extent the Food and Drug Administration has 
     implemented the recommendations made by the Government 
     Accountability Office in its 2009 report on dietary 
     supplements.
                                 ______
                                 
  SA 851. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 264, between lines 9 and 10, insert the following:

     SEC. 153. BUYING GOODS PRODUCED IN THE UNITED STATES.

       (a) Compliance.--None of the funds made available for 
     freight rail transportation projects under this title may be 
     expended by any entity unless the entity agrees that such 
     expenditures will comply with the requirements under this 
     section.
       (b) Preference.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Transportation may not obligate any 
     funds appropriated for a freight rail transportation project 
     under this title or provide direct loans or loan guarantees 
     under section 502 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (45 U.S.C. 822) unless all the 
     steel, iron, and manufactured products used in the project 
     are produced in the United States.
       (2) Waiver.--The Secretary of Transportation may waive the 
     application of paragraph (1) in circumstances in which the 
     Secretary determines that--
       (A) such application would be inconsistent with the public 
     interest;
       (B) such materials and products produced in the United 
     States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality; or
       (C) inclusion of domestic material would increase the cost 
     of the overall project by more than 25 percent.
       (c) Labor Costs.--For purposes of this subsection 
     (b)(2)(C), labor costs involved in final assembly shall not 
     be included in calculating the cost of components.
       (d) Manufacturing Plan.--The Secretary of Transportation 
     shall prepare, in conjunction the Secretary of Commerce, a 
     manufacturing plan that--
       (1) promotes the production of products in the United 
     States that are the subject of waivers granted under 
     subsection (b)(2)(B);
       (2) addresses how such products may be produced in a 
     sufficient and reasonably available amount, and in a 
     satisfactory quality, in the United States; and
       (3) addresses the creation of a public database for the 
     waivers granted under subsection (b)(2)(B).
       (e) Waiver Notice and Comment.--If the Secretary of 
     Transportation determines that a waiver of subsection (b)(1) 
     is warranted, the Secretary, before the date on which such 
     determination takes effect, shall--
       (1) post the waiver request and a detailed written 
     justification of the need for such waiver on the Department 
     of Transportation's public website;
       (2) publish a detailed written justification of the need 
     for such waiver in the Federal Register; and
       (3) provide notice of such determination and an opportunity 
     for public comment for a reasonable period of time not to 
     exceed 15 days.
       (f) State Requirements.--The Secretary of Transportation 
     may not impose any limitation on amounts made available for 
     freight rail transportation projects under this title that--
       (1) restricts a State from imposing requirements that are 
     more stringent than the requirements under this section on 
     the use of articles, materials, and supplies mined, produced, 
     or manufactured in foreign countries, in projects carried out 
     with such assistance; or
       (2) prohibits any recipient of such amounts from complying 
     with State requirements authorized under paragraph (1).
       (g) Certification.--The Secretary of Transportation may 
     authorize a manufacturer or supplier of steel, iron, or 
     manufactured goods to correct, after bid opening, any 
     certification of noncompliance or failure to properly 
     complete the certification (except for failure to sign the 
     certification) under this section if such manufacturer or 
     supplier attests, under penalty of perjury, and establishes, 
     by a preponderance of the evidence, that such manufacturer or 
     supplier submitted an incorrect certification as a result of 
     an inadvertent or clerical error.
       (h) Review.--Any entity adversely affected by an action by 
     the Department of Transportation under this section is 
     entitled to seek judicial review of such action in accordance 
     with section 702 of title 5, United States Code.
       (i) Minimum Cost.--The requirements under this section 
     shall only apply to contracts for which the costs exceed 
     $100,000.
       (j) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
       (k) Fraudulent Use of ``Made in America'' Label.--An entity 
     is ineligible to receive a contract or subcontract made with 
     amounts appropriated for freight rail transportation projects 
     under this title or under section 502 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822) if a court or department, agency, or instrumentality of 
     the Government determines that the person intentionally--
       (1) affixed a ``Made in America'' label, or a label with an 
     inscription having the same meaning, to goods sold in or 
     shipped to the United States that are used in a project to 
     which this section applies, but were not produced in the 
     United States; or
       (2) represented that goods described in paragraph (1) were 
     produced in the United States.
                                 ______
                                 
  SA 852. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 108, between lines 22 and 23, insert the following:
       Sec. 114.  None of the funds made available by this Act may 
     be used for coastal and marine spatial planning (as defined 
     by Executive Order 13547 (33 U.S.C. 857-19 note; relating to 
     stewardship of the ocean, coasts, and Great Lakes)) for an 
     ocean area adjacent to a State that does not have an approved 
     coastal zone management program under the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.).
                                 ______
                                 
  SA 853. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 108, between lines 22 and 23, insert the following:

     SEC. 114. AMERICA'S CUP.

       (a) Short Title.--This section may be cited as the 
     ``America's Cup Act of 2011''.
       (b) In General.--Notwithstanding sections 55102, 55103, and 
     55111 of title 46, United States Code, an eligible vessel, 
     operating only in preparation for, or in connection with, the 
     34th America's Cup competition, may position competing 
     vessels and may transport individuals and equipment and 
     supplies utilized for the staging, operations, or broadcast 
     of the competition from and around the ports in the United 
     States.
       (c) Definitions.--In this section:
       (1) 34th america's cup.--The term ``34th America's Cup''--
       (A) means the sailing competitions, commencing in 2011, to 
     be held in the United States in response to the challenge to 
     the defending team from the United States, in accordance with 
     the terms of the America's Cup governing Deed of Gift, dated 
     October 24, 1887; and
       (B) if a United States yacht club successfully defends the 
     America's Cup, includes additional sailing competitions 
     conducted by America's Cup Race Management during the 1-year 
     period beginning on the last date of such defense.
       (2) America's cup race management.--The term ``America's 
     Cup Race Management'' means the entity established to provide 
     for independent, professional, and neutral race management of 
     the America's Cup sailing competitions.
       (3) Eligibility certification.--The term ``Eligibility 
     Certification'' means a certification issued under subsection 
     (d).
       (4) Eligible vessel.--The term ``eligible vessel'' means a 
     competing vessel or supporting vessel of any registry that--
       (A) is recognized by America's Cup Race Management as an 
     official competing vessel, or supporting vessel of, the 34th 
     America's Cup, as evidenced in writing to the Administrator 
     of the Maritime Administration of the Department of 
     Transportation;
       (B) transports not more than 25 individuals, in addition to 
     the crew;
       (C) is not a ferry (as defined under section 2101(10b) of 
     title 46, United States Code;
       (D) does not transport individuals in point-to-point 
     service for hire; and

[[Page S6689]]

       (E) does not transport merchandise between ports in the 
     United States.
       (5) Supporting vessel.--The term ``supporting vessel'' 
     means a vessel that is operating in support of the 34th 
     America's Cup by--
       (A) positioning a competing vessel on the race course;
       (B) transporting equipment and supplies utilized for the 
     staging, operations, or broadcast of the competition; or
       (C) transporting individuals who--
       (i) have not purchased tickets or directly paid for their 
     passage; and
       (ii) who are engaged in the staging, operations, or 
     broadcast of the competition, race team personnel, members of 
     the media, or event sponsors.
       (d) Certification.--
       (1) Requirement.--A vessel may not operate under subsection 
     (b) unless the vessel has received an Eligibility 
     Certification.
       (2) Issuance.--The Administrator of the Maritime 
     Administration of the Department of Transportation is 
     authorized to issue an Eligibility Certification with respect 
     to any vessel that the Administrator determines, in his or 
     her sole discretion, meets the requirements set forth in 
     subsection (c)(4).
       (e) Enforcement.--Notwithstanding sections 55102, 55103, 
     and 55111 of title 46, United States Code, an Eligibility 
     Certification shall be conclusive evidence to the Secretary 
     of the Department of Homeland Security of the qualification 
     of the vessel for which it has been issued to participate in 
     the 34th America's Cup as a competing vessel or a supporting 
     vessel.
       (f) Penalty.--Any vessel participating in the 34th 
     America's Cup as a competing vessel or supporting vessel that 
     has not received an Eligibility Certification or is not in 
     compliance with section 12112 of title 46, United States 
     Code, shall be subject to the applicable penalties provided 
     in chapters 121 and 551 of title 46, United States Code.
                                 ______
                                 
  SA 854. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  Prior to obligating or expending $118,178,100 of 
     the funds made available under the heading ``salaries and 
     expenses'' under the heading ``Farm Service Agency'' in title 
     I, the Secretary of Agriculture shall certify to Congress 
     that the Farm Service Agency has enforced section 1001D of 
     the Food Security Act of 1985 (7 U.S.C. 1308-3a) by--
       (1) reviewing information and documentation regarding the 
     average adjusted gross income of the person or legal entity 
     collected through procedures established by the Secretary 
     under subsection (d)(1)(B) of that section, in cooperation 
     with the Internal Revenue Service, in order to identify all 
     payment recipients potentially in violation of income 
     limitations established in that section;
       (2) requiring a certification by a certified public 
     accountant or another third party that is acceptable to the 
     Secretary that the average adjusted gross income, average 
     adjusted gross farm income, and average adjusted gross 
     nonfarm income of the person or legal entity potentially in 
     violation of income limitations does not exceed the 
     applicable limitation;
       (3) reclaiming any payments made in the 2009 or 2010 crop, 
     fiscal, or program year, as appropriate, if the Secretary 
     determines that a person or legal entity has failed to comply 
     with that section and should have been denied the issuance of 
     applicable payments and benefits under subsection (d)(2) of 
     that section;
       (4) establishing statistically valid procedures under which 
     the Secretary shall conduct targeted audits of such persons 
     or legal entities as the Secretary determines are most likely 
     to exceed the limitations under that section in order to 
     verify the accuracy of the certifications of compliance with 
     average adjusted gross income limitations in that section; 
     and
       (5) in cases in which the Secretary believes that 
     fraudulent or false claims have led to payments in violation 
     of that section, referring cases to the Department of Justice 
     for prosecution under section 1001 of title 18, United States 
     Code.
                                 ______
                                 
  SA 855. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the 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; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  Prior to obligating or expending $118,178,100 of 
     the funds made available under the heading ``salaries and 
     expenses'' under the heading ``Farm Service Agency'' in title 
     I, the Secretary of Agriculture shall certify to Congress 
     that the Farm Service Agency has enforced section 1001D of 
     the Food Security Act of 1985 (7 U.S.C. 1308-3a) by reviewing 
     information and documentation collected under subsection 
     (d)(1)(B) of that section and conducting audits of farm 
     payment recipients as required under subsection (d)(3) of 
     that section.
                                 ______
                                 
  SA 856. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 738 proposed by Mr. Inouye to the 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; which was 
ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. 734.  Notwithstanding section 1619(b)(2) of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8791(b)(2), 
     none of the funds appropriated or otherwise made available by 
     this Act shall be used by the Secretary, any officer or 
     employee of the Department of Agriculture, or any contractor 
     or cooperator to prohibit the disclosure, on request, of the 
     information described in that section to any State agency or 
     any political subdivision of a State charged with 
     implementing an agriculture or conservation program under 
     Federal or State law.
                                 ______
                                 
  SA 857. Mr. MENENDEZ (for himself, Mr. Isakson, and Mrs. Feinstein) 
submitted an amendment intended to be proposed by him to the 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. HOUSING LOAN LIMIT EXTENSIONS.

       (a) Federal Housing Administration.--Notwithstanding any 
     other provision of law, for mortgages for which a Federal 
     Housing Administration case number has been assigned during 
     the period beginning on the date of enactment of this Act and 
     ending on December 31, 2013, the dollar amount limitation on 
     the principal obligation for purposes of section 203 of the 
     National Housing Act (12 U.S.C. 1709) shall be considered to 
     be, except for purposes of section 255(g) of such Act (12 
     U.S.C. 1715z-20(g)), the greater of--
       (1) the dollar amount limitation on the principal 
     obligation of a mortgage determined under section 203(b)(2) 
     of the National Housing Act (12 U.S.C. 1709(b)(2)); or
       (2) the dollar amount limitation that was prescribed for 
     such size residence for such area for 2008 pursuant to 
     section 202 of the Economic Stimulus Act of 2008 (Public Law 
     110-185; 122 Stat. 620).
       (b) Fannie Mae and Freddie Mac Loan Limit Extension.--
       (1) In general.--Notwithstanding any other provision of 
     law, for mortgage loans originated during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2013, the limitation on the maximum original 
     principal obligation of a mortgage that may be purchased by 
     the Federal National Mortgage Association or the Federal Home 
     Loan Mortgage Corporation shall be the greater of--
       (A) the limitation in effect at the time of the purchase of 
     the mortgage loan, as determined pursuant to section 
     302(b)(2) of the Federal National Mortgage Association 
     Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of 
     the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 
     1454(a)(2)), respectively; or
       (B) the limitation that was prescribed for loans originated 
     during the period beginning on July 1, 2007 and ending on 
     December 31, 2008, pursuant to section 201 of the Economic 
     Stimulus Act of 2008 (Public Law 110-185, 122 Stat. 619).
       (2) Premium loan fee.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Federal Housing Finance Agency shall, by rule or 
     order, impose a premium loan fee to be charged by the Federal 
     National Mortgage Association and the Federal Home Loan 
     Mortgage Corporation with respect to mortgage loans made 
     eligible for purchase by the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation by 
     a higher limitation provided under paragraph (1)(B), annually 
     during the life of the loan, of 15 basis points of the unpaid 
     principal balance of the mortgage, to achieve an estimated 
     $300,000,000 from the revenue raised from such fees.
       (B) Premium loan fee structure.--The premium loan fee is 
     independent of any guarantee fees, upfront or ongoing, 
     charged to the borrower, and the premium loan fee shall not 
     be affected by changes in guarantee fees.
       (3) Use of fees.--
       (A) In general.--The fees imposed under paragraph (2) by 
     the Federal Housing Finance Agency shall be deposited in the 
     fund established under subparagraph (C), and shall be used to 
     pay for costs associated with maintaining loan limits 
     established under this section.
       (B) Subject to appropriations.--Amounts in the fund 
     established under subparagraph

[[Page S6690]]

     (C) shall be available only to the extent provided in a 
     subsequent appropriations Act.
       (C) Fund.--There is established in the United States 
     Treasury a fund, for the deposit of fees imposed under 
     paragraph (2), to be used to pay for costs associated with 
     maintaining loan limits established under this section.
       (4) FHFA report on fees.--The Federal Housing Finance 
     Agency shall include in each annual report required by 
     section 1601 of the Housing and Economic Recovery Act of 2008 
     related to the period described in paragraph (2)(B) a section 
     that provides the basis for and an analysis of the premium 
     loan fee charged in each year covered by the report.
       (c) Department of Veterans Affairs Loan Limit Extension.--
     Section 501 of the Veterans' Benefits Improvement Act of 2008 
     (Public Law 110-389; 122 Stat. 4175; 38 U.S.C. 3703 note) is 
     amended, in the matter before paragraph (1), by striking 
     ``December 31, 2011'' and inserting ``December 31, 2013''.

                          ____________________