[Congressional Record Volume 157, Number 157 (Wednesday, October 19, 2011)]
[Senate]
[Pages S6770-S6786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 858. Mr. BINGAMAN (for himself, Mr. Udall of New Mexico, and Ms. 
Collins) 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 247, between lines 16 and 17, insert the following:
       Sec. 1__.  Notwithstanding any other provision of law, the 
     States of New Mexico and Maine may use amounts apportioned to 
     the States under section 104(b)(2) of title 23, United States 
     Code, for the congestion mitigation and air quality 
     improvement program authorized under section 149 of title 23, 
     United States Code, to support the operation of--
       (1) with respect to amounts apportioned to the State of New 
     Mexico, commuter rail service between Belen, New Mexico and 
     Santa Fe, New Mexico; and
       (2) with respect to amounts apportioned to the State of 
     Maine, passenger rail service between Boston, Massachusetts, 
     and Portland, Maine.
                                 ______
                                 
  SA 859. Mr. PORTMAN 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:

       Strike section 125 of title I of division C.
                                 ______
                                 
  SA 860. Mr. GRASSLEY 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:

       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 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.

[[Page S6771]]

       (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) Use of Funds.--The Office of the Inspector General 
     shall conduct the audits described in subsection (a) using 
     the funds appropriated to the Office of the Inspector General 
     under this Act.
                                 ______
                                 
  SA 861. 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 275, between lines 12 and 13, insert the following:

     SEC. 172. 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
       (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 862. Mr. VITTER (for himself and Mr. Barrasso) 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. ___. PROHIBITION OF FUNDS FOR CERTAIN FORUMS AND 
                   DISCLOSURE REQUIREMENTS.

       (a) Definitions.--In this section, the terms ``agency'' and 
     ``record'' have the meanings given under section 552(f) (1) 
     and (2) of title 5, United States Code, respectively.
       (b) Prohibition of Funds for Forums Relating to Climate 
     Science.--No funds made available under this Act shall be 
     used for any employee of an agency to participate in any 
     electronic forum that relates to climate science, earth 
     temperature records, or weather analysis, unless--
       (1) that employee makes a separate, internal record of all 
     actions taken and all communications produced, sent, or 
     received by that employee relating to that forum;
       (2) in the case of written records, the separate record is 
     in the form of a duplicate copy;
       (3) in the case of an audio or video conference, the 
     separate record is in the form of a transcription or minutes;
       (4) all such records described under paragraph (3) are 
     maintained in a fashion that--
       (A) identifies the date and forum for which the record was 
     created;
       (B) identifies the parties involved; and
       (C) fully and accurately summarizes the entire 
     communication; and
       (5) all such records are subject to section 552 of title 5, 
     United States Code.
       (c) Prohibition of Funds for Certain Forums With the 
     Intergovernmental Panel on Climate Change.--No funds made 
     available under this Act may be used for any employee of an 
     agency to participate in any password-protected electronic 
     forum that involves the participation in a process or 
     production of the Intergovernmental Panel on Climate Change.
       (d) Records of Communications With the Intergovernmental 
     Panel on Climate Change.--
       (1) Records requirement.--Any employee of an agency shall 
     make a record of any communication with any employee, chair, 
     author, review editor, Technical Support Unit staff or member 
     of another nation's delegation to the Intergovernmental Panel 
     on Climate Change, on matters relating to work or proceedings 
     of the Intergovernmental Panel on Climate Change.
       (2) FOIA.--Section 552 of title 5, United States Code, 
     shall apply to any record described under paragraph (1).
       (e) Disclosure of Records by the National Oceanic and 
     Atmospheric Administration.--Notwithstanding any other 
     provision of law, including section 552 of title 5, United 
     States Code, not later than 30 days after the date of 
     enactment of this Act, the National Oceanic and Atmospheric 
     Administration shall disclose all records relating to the 
     National Oceanic and Atmospheric Administration FOIA request 
     numbers: 2007-00342, 2007-00354, 2007-00355, and 2007-00364, 
     and 2010-00199 in an unredacted form.
       (f) Disclosure of Records by the National Oceanic and 
     Atmospheric Administration.--Notwithstanding any other 
     provision of law, including section 552 of title 5, United 
     States Code, not later than 30 days after the date of 
     enactment of this Act, the National Oceanic and Atmospheric 
     Administration shall disclose and publish on its website 
     under a separate heading and page all records produced on, 
     sent to, or made available to any employee on a password-
     protected website used for purposes relating to the 
     Intergovernmental Panel on Climate Change.
                                 ______
                                 
  SA 863. Mr. MERKLEY (for himself and 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:


[[Page S6772]]


       On page 85, line 12, strike ``3302:'' and insert ``3302: 
     Provided, That not less than $12,000,000 shall be for the 
     Office of China Compliance, and not less than $4,400,000 
     shall be for the China Countervailing Duty Group:''.
                                 ______
                                 
  SA 864. 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 85, beginning on line 9, strike ``$441,104,000'' 
     and all that follows through ``3302:'' on line 12, and insert 
     ``$460,106,000, to remain available until September 30, 2013, 
     of which $9,439,000 is to be derived from fees to be retained 
     and used by the International Trade Administration, 
     notwithstanding 31 U.S.C. 3302: Provided, That not less than 
     $20,000,000 shall be for the Office of China Compliance, and 
     not less than $4,400,000 shall be for the China 
     Countervailing Duty Group:''.

       On page 191, line 20, strike ``$620,000,000'' and insert 
     ``$640,000,000''.
                                 ______
                                 
  SA 865. Mr. BROWN of Ohio 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 173, beginning on line 7, strike ``$46,775,000'' 
     and all that follows through the period on line 10, and 
     insert ``$51,251,000, of which $1,000,000 shall remain 
     available until expended: Provided, That not to exceed 
     $93,000 shall be available for official reception and 
     representation expenses: Provided further, That not more than 
     $4,476,000 shall be available to investigate policies of the 
     Government of the People's Republic of China that provide 
     subsidies to solar producers in China, that impose 
     restrictions on the exportation of certain rare earth metals 
     from China, and that potentially violate international 
     commitments by the Government of China, and to seek the 
     elimination of those harmful policies, including through the 
     dispute settlement procedures of the World Trade 
     Organization.''.
                                 ______
                                 
  SA 866. Mr. CASEY (for himself and Mrs. McCaskill) 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 388, between lines 14 and 15, insert the following:
       Sec. 4__. (a) Definition of Earmark.--In this section, the 
     term ``earmark'' means--
       (1) a congressionally directed spending item, as defined in 
     clause 5(a) of rule XLIV of the rules of the Senate for the 
     112th Congress; or
       (2) a congressional earmark, as defined in clause 9(d) of 
     rule XXI of the rules of the House of Representatives for the 
     112th Congress.
       (b) Obligation of Funding.--
       (1) In general.--Notwithstanding any other provision of 
     law, funds made available from the Highway Trust Fund through 
     an earmark to carry out a highway project under title 23, 
     United States Code, shall be obligated for the earmarked 
     project by not later than 3 years after the date on which the 
     earmarked funds are first made available.
       (2) Return and redistribution.--Funds described in 
     paragraph (1) that are not obligated by the deadline 
     specified in that paragraph shall be--
       (A) released to the State transportation department of the 
     State with jurisdiction over the original recipient of the 
     earmark; and
       (B) redistributed by the State for expeditious use for 
     other federally approved transportation projects in the 
     State.
                                 ______
                                 
  SA 867. Mr. BINGAMAN (for himself and Mr. Sanders) 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 and none of the funds made available in this 
     Act for the Food and Drug Administration shall be used to 
     change the practices and policies of the Food and Drug 
     Administration, in effect on October 1, 2011, with respect to 
     the importation of prescription drugs into the United States 
     by an individual, on the person of such individual, for 
     personal use, with respect to such importation by individuals 
     from countries other than Canada.''.
                                 ______
                                 
  SA 868. Mr. CARDIN (for himself and Mr. Graham) 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, between lines 2 and 3, insert the following:

                     TITLE VI--NATIONAL BLUE ALERT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``National Blue Alert Act of 
     2011''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Coordinator.--The term ``Coordinator'' means the Blue 
     Alert Coordinator of the Department of Justice designated 
     under section 604(a).
       (2) Blue alert.--The term ``Blue Alert'' means information 
     relating to the serious injury or death of a law enforcement 
     officer in the line of duty sent through the network.
       (3) Blue alert plan.--The term ``Blue Alert plan'' means 
     the plan of a State, unit of local government, or Federal 
     agency participating in the network for the dissemination of 
     information received as a Blue Alert.
       (4) Law enforcement officer.--The term ``law enforcement 
     officer'' shall have the same meaning as in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(6)).
       (5) Network.--The term ``network'' means the Blue Alert 
     communications network established by the Attorney General 
     under section 603.
       (6) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.

     SEC. 603. BLUE ALERT COMMUNICATIONS NETWORK.

       The Attorney General shall establish a national Blue Alert 
     communications network within the Department of Justice to 
     issue Blue Alerts through the initiation, facilitation, and 
     promotion of Blue Alert plans, in coordination with States, 
     units of local government, law enforcement agencies, and 
     other appropriate entities.

     SEC. 604. BLUE ALERT COORDINATOR; GUIDELINES.

       (a) Coordination Within Department of Justice.--The 
     Attorney General shall assign an existing officer of the 
     Department of Justice to act as the national coordinator of 
     the Blue Alert communications network.
       (b) Duties of the Coordinator.--The Coordinator shall--
       (1) provide assistance to States and units of local 
     government that are using Blue Alert plans;
       (2) establish voluntary guidelines for States and units of 
     local government to use in developing Blue Alert plans that 
     will promote compatible and integrated Blue Alert plans 
     throughout the United States, including--
       (A) a list of the resources necessary to establish a Blue 
     Alert plan;
       (B) criteria for evaluating whether a situation warrants 
     issuing a Blue Alert;
       (C) guidelines to protect the privacy, dignity, 
     independence, and autonomy of any law enforcement officer who 
     may be the subject of a Blue Alert and the family of the law 
     enforcement officer;
       (D) guidelines that a Blue Alert should only be issued with 
     respect to a law enforcement officer if--
       (i) the law enforcement agency involved--

       (I) confirms--

       (aa) the death or serious injury of the law enforcement 
     officer; or
       (bb) the attack on the law enforcement officer and that 
     there is an indication of the death or serious injury of the 
     officer; or

       (II) concludes that the law enforcement officer is missing 
     in the line of duty;

       (ii) there is an indication of serious injury to or death 
     of the law enforcement officer;
       (iii) the suspect involved has not been apprehended; and
       (iv) there is sufficient descriptive information of the 
     suspect involved and any relevant vehicle and tag numbers;
       (E) guidelines--
       (i) that information relating to a law enforcement officer 
     who is seriously injured or killed in the line of duty should 
     be provided to the National Crime Information Center database 
     operated by the Federal Bureau of Investigation under section 
     534 of title 28, United States Code, and any relevant crime 
     information repository of the State involved;
       (ii) that a Blue Alert should, to the maximum extent 
     practicable (as determined by the Coordinator in consultation 
     with law enforcement agencies of States and units of local 
     governments), be limited to the geographic areas most likely 
     to facilitate the apprehension of the suspect involved or 
     which the suspect could reasonably reach, which should not be 
     limited to State lines;
       (iii) for law enforcement agencies of States or units of 
     local government to develop plans

[[Page S6773]]

     to communicate information to neighboring States to provide 
     for seamless communication of a Blue Alert; and
       (iv) providing that a Blue Alert should be suspended when 
     the suspect involved is apprehended or when the law 
     enforcement agency involved determines that the Blue Alert is 
     no longer effective; and
       (F) guidelines for--
       (i) the issuance of Blue Alerts through the network; and
       (ii) the extent of the dissemination of alerts issued 
     through the network;
       (3) develop protocols for efforts to apprehend suspects 
     that address activities during the period beginning at the 
     time of the initial notification of a law enforcement agency 
     that a suspect has not been apprehended and ending at the 
     time of apprehension of a suspect or when the law enforcement 
     agency involved determines that the Blue Alert is no longer 
     effective, including protocols regulating--
       (A) the use of public safety communications;
       (B) command center operations; and
       (C) incident review, evaluation, debriefing, and public 
     information procedures;
       (4) work with States to ensure appropriate regional 
     coordination of various elements of the network;
       (5) establish an advisory group to assist States, units of 
     local government, law enforcement agencies, and other 
     entities involved in the network with initiating, 
     facilitating, and promoting Blue Alert plans, which shall 
     include--
       (A) to the maximum extent practicable, representation from 
     the various geographic regions of the United States; and
       (B) members who are--
       (i) representatives of a law enforcement organization 
     representing rank-and-file officers;
       (ii) representatives of other law enforcement agencies and 
     public safety communications;
       (iii) broadcasters, first responders, dispatchers, and 
     radio station personnel; and
       (iv) representatives of any other individuals or 
     organizations that the Coordinator determines are necessary 
     to the success of the network;
       (6) act as the nationwide point of contact for--
       (A) the development of the network; and
       (B) regional coordination of Blue Alerts through the 
     network; and
       (7) determine--
       (A) what procedures and practices are in use for notifying 
     law enforcement and the public when a law enforcement officer 
     is killed or seriously injured in the line of duty; and
       (B) which of the procedures and practices are effective and 
     that do not require the expenditure of additional resources 
     to implement.
       (c) Limitations.--
       (1) Voluntary participation.--The guidelines established 
     under subsection (b)(2), protocols developed under subsection 
     (b)(3), and other programs established under subsection (b), 
     shall not be mandatory.
       (2) Dissemination of information.--The guidelines 
     established under subsection (b)(2) shall, to the maximum 
     extent practicable (as determined by the Coordinator in 
     consultation with law enforcement agencies of States and 
     units of local government), provide that appropriate 
     information relating to a Blue Alert is disseminated to the 
     appropriate officials of law enforcement agencies, public 
     health agencies, and other agencies.
       (3) Privacy and civil liberties protections.--The 
     guidelines established under subsection (b) shall--
       (A) provide mechanisms that ensure that Blue Alerts comply 
     with all applicable Federal, State, and local privacy laws 
     and regulations; and
       (B) include standards that specifically provide for the 
     protection of the civil liberties, including the privacy, of 
     law enforcement officers who are seriously injured or killed 
     in the line of duty and the families of the officers.
       (d) Cooperation With Other Agencies.--The Coordinator shall 
     cooperate with the Secretary of Homeland Security, the 
     Secretary of Transportation, the Chairman of the Federal 
     Communications Commission, and appropriate offices of the 
     Department of Justice in carrying out activities under this 
     title.
       (e) Restrictions on Coordinator.--The Coordinator may not--
       (1) perform any official travel for the sole purpose of 
     carrying out the duties of the Coordinator;
       (2) lobby any officer of a State regarding the funding or 
     implementation of a Blue Alert plan; or
       (3) host a conference focused solely on the Blue Alert 
     program that requires the expenditure of Federal funds.
       (f) Reports.--Not later than 1 year after the date of 
     enactment of this title, and annually thereafter, the 
     Coordinator shall submit to Congress a report on the 
     activities of the Coordinator and the effectiveness and 
     status of the Blue Alert plans that are in effect or being 
     developed.

     SEC. 605. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS.

       Section 1701(b) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
       (1) in paragraph (16), by striking ``and'' at the end;
       (2) by redesignating paragraph (17) as paragraph (18); and
       (3) by inserting after paragraph (16) the following:
       ``(17) to assist a State in the development or enhancement 
     of programs and activities in support of a Blue Alert plan 
     and the network (as those terms are defined in section 2 of 
     the National Blue Alert Act of 2011), including--
       ``(A) developing and implementing education and training 
     programs, and associated materials, relating to Blue Alert 
     plans;
       ``(B) developing and implementing law enforcement programs, 
     and associated equipment, relating to Blue Alert plans; and
       ``(C) developing and implementing new technologies to 
     improve the communication of Blue Alerts; and.''.

     SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

       Section 1001(a)(11) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 is amended by adding at the end the 
     following:
       ``(C)(i) Of amounts authorized to be appropriated to carry 
     out part Q in any fiscal year, $10,000,000 is authorized to 
     be appropriated for grants for the purposes described in 
     section 1701(b)(17).
       ``(ii) Amounts appropriated pursuant to clause (i) shall 
     remain available until expended.''.
                                 ______
                                 
  SA 869. 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, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 9 and 10, insert the following:
       Sec. __. (a) Notwithstanding any other provision of this 
     Act--
       (1) the amount provided under section 732 for the emergency 
     conservation program for expenses resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) is increased by $48,700,000; and
       (2) the amount provided under section 732 for the emergency 
     watershed protection program for expenses resulting from a 
     major disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) is increased by $61,200,000.
       (b) The additional amounts provided under subsection (a)--
       (1) are 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) are subject to the same terms and conditions as any 
     other amounts provided under section 732 for the same 
     purposes; and
       (3) shall remain available until expended.
                                 ______
                                 
  SA 870. Mr. KYL (for himself, Mr. McCain, and Mr. Cornyn) 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 117, strike line 13 and all that follows 
     through page 118, line 2, and insert the following:

                     United States Marshals Service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $1,121,041,000; of which not to exceed $20,000,000 
     shall be available for necessary expenses for increased 
     deputy marshals and staff related to Southwest border 
     enforcement until September 30, 2012; of which not to exceed 
     $6,000 shall be available for official reception and 
     representation expenses; and of which not to exceed 
     $20,000,000 shall remain available until expended.

                              construction

       For construction in space controlled, occupied, or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $28,500,000, which shall remain 
     available until expended; of which not less than $9,696,000 
     shall be available for the costs of courthouse security 
     equipment, including furnishings, relocations, and telephone 
     systems and cabling; of which $15,000,000 shall be available 
     for detention upgrades at Federal courthouses located in the 
     Southwest border region; and of which not less than 
     $1,500,000 shall be available for the costs of courthouse 
     security equipment, including electronic security devices, 
     telephone systems, and cabling at Federal courthouses located 
     in the Southwest border region.

                                 offset

       Notwithstanding any other provision of this Act, the total 
     amount appropriated under this Act (except for the amounts 
     appropriated under title II of this division and title I of 
     division C) shall be reduced on a pro rata basis by 
     $36,500,000.
                                 ______
                                 
  SA 871. Mr. BEGICH (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the

[[Page S6774]]

bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, and 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:


                  patent and trademark office funding

       Sec. 114.  (a) Funding.--
       (1) In general.--Section 42 of title 35, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``Patent and Trademark 
     Office Appropriation Account'' and inserting ``United States 
     Patent and Trademark Office Public Enterprise Fund'';
       (B) by striking ``(c)(1)'' and inserting ``(c)''; and
       (C) in subsection (c)--
       (i) in the first sentence--

       (I) by striking ``To the extent'' and all that follows 
     through ``fees'' and inserting ``Fees''; and
       (II) by striking ``shall be collected by and shall, subject 
     to paragraph (3), be available to the Director'' and 
     inserting ``shall be collected by the Director and shall be 
     available until expended'';

       (ii) by inserting after the first sentence the following: 
     ``All fees available to the Director under section 31 of the 
     Trademark Act of 1946 shall be used only for the processing 
     of trademark registrations and for other activities, 
     services, and materials relating to trademarks and to cover a 
     proportionate share of the administrative costs of the Patent 
     and Trademark Office.''; and
       (iii) by striking paragraphs (2) and (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of enactment of this Act.
       (b) USPTO Revolving Fund.--
       (1) Definitions.--In this subsection--
       (A) the term ``Fund'' means the United States Patent and 
     Trademark Office Public Enterprise Fund established under 
     paragraph (2);
       (B) the term ``Director'' means the Director of the United 
     States Patent and Trademark Office;
       (C) the term ``Office'' means the United States Patent and 
     Trademark Office; and
       (D) the term ``Under Secretary'' means the Under Secretary 
     of Commerce for Intellectual Property.
       (2) Establishment.--There is established in the Treasury of 
     the United States a revolving fund to be known as the 
     ``United States Patent and Trademark Office Public Enterprise 
     Fund''. Any amounts in the Fund shall be available for use by 
     the Director without fiscal year limitation.
       (3) Derivation of resources.--There shall be deposited into 
     the Fund on or after the effective date of subsection (a)--
       (A) any fees collected under sections 41, 42, and 376 of 
     title 35, United States Code, provided that notwithstanding 
     any other provision of law, if such fees are collected by, 
     and payable to, the Director, the Director shall transfer 
     such amounts to the Fund, provided, however, that no funds 
     collected pursuant to section 10(h) of the Leahy-Smith 
     American Invents Act (35 U.S.C. 41 note) or section 1(a)(2) 
     of Public Law 111-45 shall be deposited in the Fund; and
       (B) any fees collected under section 31 of the Trademark 
     Act of 1946 (15 U.S.C. 1113).
       (4) Expenses.--Amounts deposited into the Fund under 
     paragraph (2) shall be available, without fiscal year 
     limitation, to cover--
       (A) all expenses to the extent consistent with the 
     limitation on the use of fees set forth in section 42(c) of 
     title 35, United States Code, including all administrative 
     and operating expenses, determined in the discretion of the 
     Under Secretary to be ordinary and reasonable, incurred by 
     the Under Secretary and the Director for the continued 
     operation of all services, programs, activities, and duties 
     of the Office relating to patents and trademarks, as such 
     services, programs, activities, and duties are described 
     under--
       (i) title 35, United States Code; and
       (ii) the Trademark Act of 1946; and
       (B) all expenses incurred pursuant to any obligation, 
     representation, or other commitment of the Office.
       (c) Annual Report.--Not later than 60 days after the end of 
     each fiscal year, the Under Secretary and the Director shall 
     submit a report to Congress which shall--
       (1) summarize the operations of the Office for the 
     preceding fiscal year, including financial details and staff 
     levels broken down by each major activity of the Office;
       (2) detail the operating plan of the Office, including 
     specific expense and staff needs for the upcoming fiscal 
     year;
       (3) describe the long term modernization plans of the 
     Office;
       (4) set forth details of any progress towards such 
     modernization plans made in the previous fiscal year; and
       (5) include the results of the most recent audit carried 
     out under subsection (e).
       (d) Annual Spending Plan.--
       (1) In general.--Not later than 30 days after the beginning 
     of each fiscal year, the Director shall notify the Committees 
     on Appropriations of both Houses of Congress of the plan for 
     the obligation and expenditure of the total amount of the 
     funds for that fiscal year in accordance with section 605 of 
     the Science, State, Justice, Commerce, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 
     2334).
       (2) Contents.--Each plan under paragraph (1) shall--
       (A) summarize the operations of the Office for the current 
     fiscal year, including financial details and staff levels 
     with respect to major activities; and
       (B) detail the operating plan of the Office, including 
     specific expense and staff needs, for the current fiscal 
     year.
       (e) Audit.--The Under Secretary shall, on an annual basis, 
     provide for an independent audit of the financial statements 
     of the Office. Such audit shall be conducted in accordance 
     with generally acceptable accounting procedures.
       (f) Budget.--The Director shall prepare and submit each 
     year to the President a business-type budget in a manner, and 
     before a date, as the President prescribes by regulation for 
     the budget program.
       (g) Technical and Conforming Amendments.--Section 11 of the 
     Leahy-Smith America Invents Act (35 U.S.C. 41 note) is 
     amended--
       (1) in subsection (h), by amending paragraph (3) to read as 
     follows:
       ``(3) Deposit of fees.--All fees paid under this subsection 
     shall be credited to the United States Patent and Trademark 
     Office Public Enterprise Fund, established under section 
     2(b)(2) of the Patent and Trademark Office Revolving Fund Act 
     of 2011, shall remain available until expended, and may be 
     used only for the purposes specified in section 2(b)(4) of 
     such Act.''; and
       (2) in subsection (i)--
       (A) in the header, by striking ``Appropriation Account''; 
     and
       (B) by amending paragraph (1)(B) to read as follows:
       ``(B) Deposit of amounts.--Amounts collected pursuant to 
     the surcharge imposed under subparagraph (A) shall be 
     credited to the United States Patent and Trademark Office 
     Public Enterprise Fund, established under section 2(b)(2) of 
     the Patent and Trademark Office Revolving Fund Act of 2011, 
     shall remain available until expended, and may be used only 
     for the purposes specified in section 2(b)(4) of such Act.''.
                                 ______
                                 
  SA 872. Mrs. GILLIBRAND (for herself and Ms. Snowe) 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. _.  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 any voluntary dairy market 
     stabilization program.
                                 ______
                                 
  SA 873. Mr. REED 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 108, between lines 22 and 23, insert the following:
       Sec. 114.  Section 302(a)(1)(B) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 
     1852(a)(1)(B)) is amended--
       (1) by inserting ``Rhode Island,'' after ``States of'';
       (2) by striking ``except North Carolina,'' and inserting 
     ``except North Carolina and Rhode Island,'';
       (3) by striking ``21'' and inserting ``23''; and
       (4) by striking ``13'' and inserting ``14''.
                                 ______
                                 
  SA 874. Mr. BROWN of Ohio (for himself and Mr. Sanders) 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 333, line 9, strike ``$35,940,000'' and insert 
     ``$42,500,000''.
       On page 336, line 1, strike ``$199,035,000'' and insert 
     ``$192,475,000''.
                                 ______
                                 
  SA 875. Mr. HATCH (for himself, Mr. Inhofe, Mr. Isakson, Mr. 
Chambliss, Ms. Ayotte, Mr. Hoeven, Mr. Shelby, Mr. Moran, Mr. Nelson of 
Nebraska, Mr. Johanns, Mr. Wicker, Mr. McConnell, Mr. Rubio, Mr. Risch, 
Mrs. Hutchison, Mr. Johnson of Wisconsin, Mr. Roberts, Mr. Blunt, Mr. 
McCain, Ms. Collins, Ms. Snowe, and 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:


[[Page S6775]]


       Beginning on page 121 of the amendment, strike line 4 and 
     all that follows through page 186, line 19 and insert the 
     following:
       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, not to exceed $30,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $1,090,292,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by section 924(d)(2) of title 18, 
     United States Code; and of which not to exceed $20,000,000 
     shall remain available until expended:  Provided,That no 
     funds appropriated herein or hereafter shall be available for 
     salaries or administrative expenses in connection with 
     consolidating or centralizing, within the Department of 
     Justice, the records, or any portion thereof, of acquisition 
     and disposition of firearms maintained by Federal firearms 
     licensees:  Provided further, That no funds appropriated 
     herein or hereafter shall be used to pay administrative 
     expenses or the compensation of any officer or employee of 
     the United States to implement an amendment or amendments to 
     27 CFR 478.118 or to change the definition of ``Curios or 
     relics'' in 27 CFR 478.11 or remove any item from ATF 
     Publication 5300.11 as it existed on January 1, 1994:  
     Provided further, That none of the funds appropriated herein 
     shall be available to investigate or act upon applications 
     for relief from Federal firearms disabilities under 18 U.S.C. 
     925(c):  Provided further, That such funds shall be available 
     to investigate and act upon applications filed by 
     corporations for relief from Federal firearms disabilities 
     under section 925(c) of title 18, United States Code:  
     Provided further, That, hereafter, no funds made available by 
     this or any other Act may be used to transfer the functions, 
     missions, or activities of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to other agencies or Departments in 
     fiscal year 2012:  Provided further, That, beginning in 
     fiscal year 2012 and thereafter, no funds appropriated under 
     this or any other Act may be used to disclose part or all of 
     the contents of the Firearms Trace System database maintained 
     by the National Trace Center of the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives or any information required 
     to be kept by licensees pursuant to section 923(g) of title 
     18, United States Code, or required to be reported pursuant 
     to paragraphs (3) and (7) of such section 923(g), except to: 
     (1) a Federal, State, local, or tribal law enforcement 
     agency, or a Federal, State, or local prosecutor; or (2) a 
     foreign law enforcement agency solely in connection with or 
     for use in a criminal investigation or prosecution; or (3) a 
     Federal agency for a national security or intelligence 
     purpose; unless such disclosure of such data to any of the 
     entities described in (1), (2) or (3) of this proviso would 
     compromise the identity of any undercover law enforcement 
     officer or confidential informant, or interfere with any case 
     under investigation; and no person or entity described in 
     (1), (2) or (3) shall knowingly and publicly disclose such 
     data; and all such data shall be immune from legal process, 
     shall not be subject to subpoena or other discovery, shall be 
     inadmissible in evidence, and shall not be used, relied on, 
     or disclosed in any manner, nor shall testimony or other 
     evidence be permitted based on the data, in a civil action in 
     any State (including the District of Columbia) or Federal 
     court or in an administrative proceeding other than a 
     proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to enforce the provisions of chapter 
     44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent: (A) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(a)(10) of such title); (B) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials; or (C) the publication of annual 
     statistical reports on products regulated by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, including total 
     production, importation, and exportation by each licensed 
     importer (as so defined) and licensed manufacturer (as so 
     defined), or statistical aggregate data regarding firearms 
     traffickers and trafficking channels, or firearms misuse, 
     felons, and trafficking investigations:  Provided further, 
     That, hereafter, no funds made available by this or any other 
     Act shall be expended to promulgate or implement any rule 
     requiring a physical inventory of any business licensed under 
     section 923 of title 18, United States Code:  Provided 
     further, That, hereafter, no funds under this Act may be used 
     to electronically retrieve information gathered pursuant to 
     18 U.S.C. 923(g)(4) by name or any personal identification 
     code:  Provided further, That, hereafter, no funds authorized 
     or made available under this or any other Act may be used to 
     deny any application for a license under section 923 of title 
     18, United States Code, or renewal of such a license due to a 
     lack of business activity, provided that the applicant is 
     otherwise eligible to receive such a license, and is eligible 
     to report business income or to claim an income tax deduction 
     for business expenses under the Internal Revenue Code of 
     1986.

                         Federal Prison System

                         salaries and expenses

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 835, of which 808 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $6,589,781,000:  
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions:  Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System:  Provided further, 
     That not to exceed $4,500 shall be available for official 
     reception and representation expenses:  Provided further, 
     That not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2013:  Provided 
     further, That, of the amounts provided for contract 
     confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 
     security in the United States of Cuban and Haitian entrants:  
     Provided further, That the Director of the Federal Prison 
     System may accept donated property and services relating to 
     the operation of the prison card program from a not-for-
     profit entity which has operated such program in the past 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.

                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $90,000,000, to remain available until expended, of 
     which not less than $66,965,000 shall be available only for 
     modernization, maintenance and repair, and of which not to 
     exceed $14,000,000 shall be available to construct areas for 
     inmate work programs:  Provided, That labor of United States 
     prisoners may be used for work performed under this 
     appropriation:  Provided further, That none of the funds 
     provided under this heading in this or any prior Act shall be 
     available for the acquisition of any facility that is to be 
     used wholly or in part for the incarceration or detention of 
     any individual detained at Naval Station, Guantanamo Bay, 
     Cuba, as of June 24, 2009.

                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement

[[Page S6776]]

     Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
     Victims of Child Abuse Act of 1990 (Public Law 101-647) 
     (``the 1990 Act''); the Prosecutorial Remedies and Other 
     Tools to end the Exploitation of Children Today Act of 2003 
     (Public Law 108-21); the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (``the 1974 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); and for related victims services, $417,663,000, to 
     remain available until expended:  Provided, That except as 
     otherwise provided by law, not to exceed 3 percent of funds 
     made available under this heading may be used for expenses 
     related to evaluation, training, and technical assistance:  
     Provided further, That of the amount provided--
       (1) $194,000,000 is for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which, 
     notwithstanding such part T, $10,000,000 shall be available 
     for programs relating to children exposed to violence;
       (2) $25,000,000 is for transitional housing assistance 
     grants for victims of domestic violence, stalking or sexual 
     assault as authorized by section 40299 of the 1994 Act;
       (3) $3,000,000 is for the National Institute of Justice for 
     research and evaluation of violence against women and related 
     issues addressed by grant programs of the Office on Violence 
     Against Women;
       (4) $10,000,000 is for a grant program to provide services 
     to advocate for and respond to youth victims of domestic 
     violence, dating violence, sexual assault, and stalking; 
     assistance to children and youth exposed to such violence; 
     programs to engage men and youth in preventing such violence; 
     and assistance to middle and high school students through 
     education and other services related to such violence:  
     Provided, That unobligated balances available for the 
     programs authorized by sections 41201, 41204, 41303 and 41305 
     of the 1994 Act shall be available for this program:  
     Provided further, That 10 percent of the total amount 
     available for this grant program shall be available for 
     grants under the program authorized by section 2015 of the 
     1968 Act;
       (5) $45,913,000 is for grants to encourage arrest policies 
     as authorized by part U of the 1968 Act, of which $5,000,000 
     is for a homicide initiative;
       (6) $25,000,000 is for sexual assault victims assistance, 
     as authorized by section 41601 of the 1994 Act;
       (7) $34,000,000 is for rural domestic violence and child 
     abuse enforcement assistance grants, as authorized by section 
     40295 of the 1994 Act;
       (8) $9,000,000 is for grants to reduce violent crimes 
     against women on campus, as authorized by section 304 of the 
     2005 Act;
       (9) $45,000,000 is for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (10) $4,000,000 is for enhanced training and services to 
     end violence against and abuse of women in later life, as 
     authorized by section 40802 of the 1994 Act;
       (11) $11,250,000 is for the safe havens for children 
     program, as authorized by section 1301 of the 2000 Act;
       (12) $5,000,000 is for education and training to end 
     violence against and abuse of women with disabilities, as 
     authorized by section 1402 of the 2000 Act;
       (13) $4,000,000 is for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act, of 
     which $1,000,000 is to be used for a family court initiative;
       (14) $1,000,000 is for the National Resource Center on 
     Workplace Responses to assist victims of domestic violence, 
     as authorized by section 41501 of the 1994 Act;
       (15) $1,000,000 is for analysis and research on violence 
     against Indian women, as authorized by section 904 of the 
     2005 Act; and
       (16) $500,000 is for the Office on Violence Against Women 
     to establish a national clearinghouse that provides training 
     and technical assistance on issues relating to sexual assault 
     of American Indian and Alaska Native women.

                         salaries and expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office on Violence Against Women, $20,580,000.

                       Office of Justice Programs

                  research, evaluation, and statistics

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (``the 1968 Act)''; the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (``the 1974 
     Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Justice for All Act of 2004 (Public Law 108-
     405); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Victims of Child Abuse Act of 1990 (Public Law 
     101-647); the Second Chance Act of 2007 (Public Law 110-199); 
     the Victims of Crime Act of 1984 (Public Law 98-473); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248) (``the Adam Walsh Act''); the PROTECT Our 
     Children Act of 2008 (Public Law 110-401); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); and other programs; 
     $121,000,000, to remain available until expended, of which--
       (1) $45,000,000 is for criminal justice statistics 
     programs, and other activities, as authorized by part C of 
     title I of the 1968 Act, of which $36,000,000 is for the 
     administration and redesign of the National Crime 
     Victimization Survey;
       (2) $40,000,000 is for research, development, and 
     evaluation programs, and other activities as authorized by 
     part B of title I of the 1968 Act and subtitle D of title II 
     of the 2002 Act:  Provided, That of the amounts provided 
     under this heading, $5,000,000 is transferred directly to the 
     National Institute of Standards and Technology's Office of 
     Law Enforcement Standards from the National Institute of 
     Justice for research, testing and evaluation programs;
       (3) $1,000,000 is for an evaluation clearinghouse program; 
     and
       (4) $35,000,000 is for regional information sharing 
     activities, as authorized by part M of title I of the 1968 
     Act.

               state and local law enforcement assistance

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) 
     (``the 2005 Act''); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386); the NICS Improvement 
     Amendments Act of 2007 (Public Law 110-180); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); the Second Chance Act of 2007 
     (Public Law 110-199); the Prioritizing Resources and 
     Organization for Intellectual Property Act of 2008 (Public 
     Law 110-403); the Victims of Crime Act of 1984 (Public Law 
     98-473); the Mentally Ill Offender Treatment and Crime 
     Reduction Reauthorization and Improvement Act of 2008 (Public 
     Law 110-416); and other programs; $1,063,498,000, to remain 
     available until expended as follows--
       (1) $395,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     title I of the 1968 Act shall not apply for purposes of this 
     Act); and, notwithstanding such subpart 1, to support 
     innovative, place-based, evidence-based approaches to 
     fighting crime and improving public safety, of which 
     $3,000,000 is for a program to improve State and local law 
     enforcement intelligence capabilities including antiterrorism 
     training and training to ensure that constitutional rights, 
     civil liberties, civil rights, and privacy interests are 
     protected throughout the intelligence process, $4,000,000 is 
     for a State and local assistance help desk and diagnostic 
     center program, $5,000,000 is for a program to improve State, 
     local and tribal probation supervision efforts and 
     strategies, and $3,000,000 is for a Preventing Violence 
     Against Law Enforcement Officer Resilience and Survivability 
     Initiative (VALOR):  Provided, That funds made available 
     under this heading may be used at the discretion of the 
     Assistant Attorney General for the Office of Justice Programs 
     to train Federal law enforcement under the VALOR Officer 
     Safety Training Initiative;
       (2) $273,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):  
     Provided, That no jurisdiction shall request compensation for 
     any cost greater than the actual cost for Federal immigration 
     and other detainees housed in State and local detention 
     facilities;
       (3) $20,000,000 for the Northern and Southwest Border 
     Prosecutor Initiatives to reimburse State, county, parish, 
     tribal or municipal governments for costs associated with the 
     prosecution of criminal cases declined by local offices of 
     the United States Attorneys;
       (4) $21,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation);
       (5) $10,500,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386 and for programs authorized under Public Law 109-164: 
      Provided, That no less than $4,690,000 shall be for victim 
     services grants for foreign national victims of trafficking;
       (6) $35,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (7) $9,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);

[[Page S6777]]

       (8) $10,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (9) $4,000,000 for the Capital Litigation Improvement Grant 
     Program, as authorized by section 426 of Public Law 108-405;
       (10) $10,000,000 for economic, high technology and Internet 
     crime prevention grants, as authorized by section 401 of 
     Public Law 110-403;
       (11) $5,000,000 for a student loan repayment assistance 
     program pursuant to section 952 of Public Law 110-315;
       (12) $23,000,000 for activities, including sex offender 
     management assistance, authorized by the Adam Walsh Act and 
     the Violent Crime Control Act of 1994 (Public Law 103-322);
       (13) $10,000,000 for an initiative relating to children 
     exposed to violence;
       (14) $20,000,000 for an Edward Byrne Memorial criminal 
     justice innovation program;
       (15) $24,850,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act:  Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards for 
     research, testing and evaluation programs;
       (16) $1,000,000 for the National Sex Offender Public Web 
     site;
       (17) $10,000,000 for competitive and evidence-based 
     programs to reduce gun crime and gang violence;
       (18) $10,000,000 for grants to assist State and tribal 
     governments as authorized by the NICS Improvement Amendments 
     Act of 2007 (Public Law 110-180);
       (19) $8,000,000 for the National Criminal History 
     Improvement Program for grants to upgrade criminal records;
       (20) $15,000,000 for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act;
       (21) $131,000,000 for DNA-related and forensic programs and 
     activities, of which--
       (A) $123,000,000 is for the purposes of DNA analysis and 
     DNA capacity enhancement as defined in the DNA Analysis 
     Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog 
     Grant Program), of which not less than $85,500,000 is to be 
     used for grants to crime laboratories for purposes under 42 
     U.S.C. 14135, section (a); not less than $11,000,000 is to be 
     used for the purposes of the Solving Cold Cases with DNA 
     Grant Program; not less than $11,000,000 is to be used to 
     audit and report on the extent of the backlog; and the 
     remainder of funds appropriated under this paragraph may be 
     used to support training programs specific to the needs of 
     DNA laboratory personnel, and for programs outlined in 
     sections 303, 304, 305 and 308 of Public Law 108-405;
       (B) $4,000,000 is for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412); and
       (C) $4,000,000 is for Sexual Assault Forensic Exam Program 
     Grants as authorized by section 304 of Public Law 108-405.
       (22) $2,500,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (23) $1,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act; and
       (24) $3,000,000 for grants and technical assistance in 
     support of the National Forum on Youth Violence Prevention:

       Provided,  That if a unit of local government uses any of 
     the funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform non-administrative public 
     sector safety service.

                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''); the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Victims of Child Abuse Act of 1990 (Public Law 
     101-647) (``the 1990 Act''); the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
     401); and other juvenile justice programs, $251,000,000, to 
     remain available until expended as follows--
       (1) $45,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, non-profit organizations with the Federal 
     grants process;
       (2) $55,000,000 for youth mentoring grants;
       (3) $33,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $15,000,000 shall be for the Tribal Youth Program;
       (B) $8,000,000 shall be for gang and youth violence 
     education, prevention and intervention, and related 
     activities; and
       (C) $10,000,000 shall be for programs and activities to 
     enforce State laws prohibiting the sale of alcoholic 
     beverages to minors or the purchase or consumption of 
     alcoholic beverages by minors, for prevention and reduction 
     of consumption of alcoholic beverages by minors, and for 
     technical assistance and training;
       (4) $20,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990;
       (5) $30,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of title I of the 1968 
     Act and Guam shall be considered a State;
       (6) $8,000,000 for community-based violence prevention 
     initiatives; and
       (7) $60,000,000 for missing and exploited children 
     programs, including as authorized by sections 404(b) and 
     405(a) of the 1974 Act:
       Provided, That not more than 10 percent of each amount may 
     be used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized:  
     Provided further, That not more than 2 percent of each amount 
     may be used for training and technical assistance:  Provided 
     further, That the previous two provisos shall not apply to 
     grants and projects authorized by sections 261 and 262 of the 
     1974 Act.

                         salaries and expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office of Justice Programs, $118,572,000.

                     public safety officer benefits

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, such sums as are necessary (including 
     amounts for administrative costs, which amounts shall be paid 
     to the ``Salaries and Expenses'' account), to remain 
     available until expended; and $16,300,000 for payments 
     authorized by section 1201(b) of such Act and for educational 
     assistance authorized by section 1218 of such Act, to remain 
     available until expended:  Provided, That notwithstanding 
     section 205 of this Act, upon a determination by the Attorney 
     General that emergent circumstances require additional 
     funding for such disability and education payments, the 
     Attorney General may transfer such amounts to ``Public Safety 
     Officer Benefits'' from available appropriations for the 
     current fiscal year for the Department of Justice as may be 
     necessary to respond to such circumstances:  Provided 
     further, That any transfer pursuant to the previous proviso 
     shall be treated as a reprogramming under section 505 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfers of funds)

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); and the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) 
     (``the 2005 Act''), $231,500,000, to remain available until 
     expended:  Provided, That any balances made available through 
     prior year deobligations shall only be available in 
     accordance with section 505 of this Act. Of the amount 
     provided:
       (1) $1,500,000 is for research, testing, and evaluation 
     programs regarding law enforcement technologies and 
     interoperable communications, and related law enforcement and 
     public safety equipment, which shall be transferred directly 
     to the National Institute of Standards and Technology's 
     Office of Law Enforcement Standards from the Community 
     Oriented Policing Services Office;
       (2) $10,000,000 is for anti-methamphetamine-related 
     activities, which shall be transferred to the Drug 
     Enforcement Administration upon enactment of this Act;
       (3) $20,000,000 is for improving tribal law enforcement, 
     including hiring, equipment, training, and anti-
     methamphetamine activities; and
       (4) $200,000,000 is for grants under section 1701 of title 
     I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
     rehiring of additional career law enforcement officers under 
     part Q of such title notwithstanding subsection (i) of such 
     section:  Provided, That notwithstanding subsection (g) of 
     the 1968 Act (42 U.S.C. 3796dd), the Federal share of the 
     costs of a project funded by such grants may not exceed 75 
     percent unless the Director of the Office of Community 
     Oriented Policing Services waives, wholly or in part, the 
     requirement of a non-Federal contribution to the costs of a 
     project:  Provided further, That notwithstanding 42 U.S.C. 
     3796dd-3(c), funding for hiring or rehiring a career law 
     enforcement officer may not exceed $125,000, unless the 
     Director of the Office of Community Oriented Policing 
     Services grants a waiver from this limitation:  Provided 
     further, That within the amounts appropriated, $28,000,000 
     shall be used for the hiring and rehiring of tribal law 
     enforcement officers:  Provided further, That within the 
     amounts appropriated, $10,000,000 is for community policing 
     development activities.

                         salaries and expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Community Oriented Policing Services Office, $24,500,000.

               General Provisions--Department of Justice

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of

[[Page S6778]]

     not to exceed $50,000 from funds appropriated to the 
     Department of Justice in this title shall be available to the 
     Attorney General for official reception and representation 
     expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape:  Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility:  Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers:  Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2013, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (28 U.S.C. 599B) without limitation 
     on the number of employees or the positions covered.
       Sec. 207.  Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives that is necessary for the detection 
     and prosecution of crimes against the United States.
       Sec. 208.  None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210.  None of the funds made available under this 
     title shall be obligated or expended for any new or enhanced 
     information technology program having total estimated 
     development costs in excess of $100,000,000, unless the 
     Deputy Attorney General and the investment review board 
     certify to the Committees on Appropriations that the 
     information technology program has appropriate program 
     management and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 211.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       Sec. 212.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 213.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of 28 U.S.C. 545.
       Sec. 214.  At the discretion of the Attorney General, and 
     in addition to any amounts that otherwise may be available 
     (or authorized to be made available) by law, with respect to 
     funds appropriated by this Act under the headings for 
     ``Research Evaluation and Statistics'', ``State and Local Law 
     Enforcement Assistance'', and ``Juvenile Justice Programs''--
       (1) Up to 3 percent of funds made available for grant or 
     reimbursement programs may be used to provide training and 
     technical assistance;
       (2) Up to 3 percent of funds made available for grant or 
     reimbursement programs under such headings, except for 
     amounts appropriated specifically for research, evaluation, 
     or statistical programs administered by the National 
     Institute of Justice and the Bureau of Justice Statistics, 
     shall be transferred to and merged with funds provided to the 
     National Institute of Justice and the Bureau of Justice 
     Statistics, to be used by them for research, evaluation or 
     statistical purposes, without regard to the authorizations 
     for such grant or reimbursement programs, and of such 
     amounts, $1,300,000 shall be transferred to the Bureau of 
     Prisons for Federal inmate research and evaluation purposes; 
     and
       (3) 7 percent of funds made available for grant or 
     reimbursement programs:
       (A) under the heading ``State and Local Law Enforcement 
     Assistance''; or
       (B) under the headings ``Research, Evaluation and 
     Statistics'' and ``Juvenile Justice Programs'', to be 
     transferred to and merged with funds made available under the 
     heading ``State and Local Law Enforcement Assistance'', shall 
     be available for tribal criminal justice assistance without 
     regard to the authorizations for such grant or reimbursement 
     programs.
       Sec. 215.  Notwithstanding any other provision of law, 
     section 20109(a), in subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(a)), shall not apply to amounts made available by this 
     title.
       Sec. 216.  Section 530A of title 28, United States Code, is 
     hereby amended by replacing ``appropriated'' with ``used from 
     appropriations'', and by inserting ``(2),'' before ``(3)''.
       Sec. 217. (a) Within 30 days of enactment of this Act, the 
     Attorney General shall report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a cost and schedule estimate for the final operating 
     capability of the Federal Bureau of Investigation's Sentinel 
     program, including the costs of Bureau employees engaged in 
     development work, the costs of operating and maintaining 
     Sentinel for 2 years after achievement of the final operating 
     capability, and a detailed list of the functionalities 
     included in the final operating capability compared to the 
     functionalities included in the previous program baseline.
       (b) The report described in subsection (a) shall be 
     submitted concurrently to the Department of Justice Office of 
     Inspector General (OIG) and, within 60 days of receiving such 
     report, the OIG shall provide an assessment of such report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2012''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,100 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $6,000,000.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; and purchase, lease, 
     charter, maintenance, and operation of mission and 
     administrative aircraft, $5,100,000,000, to remain available 
     until September 30, 2013, of which up to $10,000,000 shall be 
     available for a reimbursable agreement with the Department of 
     Energy for the purpose of re-establishing facilities to 
     produce fuel required for radio-isotope thermoelectric 
     generators to enable future missions:  Provided, That the 
     development cost (as defined under 51 U.S.C. 30104) for the 
     James Webb Space Telescope shall not exceed $8,000,000,000:  
     Provided further, That should the individual identified under 
     subparagraph (c)(2)(E) of section 30104 of title 51 as 
     responsible for the James Webb Space Telescope determine that 
     the development cost of the program is likely to exceed that 
     limitation, the individual shall immediately notify the 
     Administrator and the increase shall be treated as if it 
     meets the 30 percent threshold described in subsection (f) of 
     section 30104 of title 51.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; and

[[Page S6779]]

     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $501,000,000, to remain 
     available until September 30, 2013.

                            space technology

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space research and technology 
     development activities, including research, development, 
     operations, support, and services; maintenance and repair, 
     facility planning and design; space flight, spacecraft 
     control, and communications activities; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $637,000,000, to remain 
     available until September 30, 2013.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management, personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; and purchase, lease, 
     charter, maintenance, and operation of mission and 
     administrative aircraft, $3,775,000,000, to remain available 
     until September 30, 2013:  Provided, That not less than 
     $1,200,000,000 shall be for the Orion multipurpose crew 
     vehicle, not less than $1,800,000,000 shall be for the heavy 
     lift launch vehicle system which shall have a lift capacity 
     not less than 130 tons and which shall have an upper stage 
     and other core elements developed simultaneously, 
     $500,000,000 shall be for commercial spaceflight activities, 
     and $275,000,000 shall be for exploration research and 
     development:  Provided further, That $192,600,000 of the 
     funds provided for commercial spaceflight activities shall 
     only be available after the NASA Administrator certifies to 
     the Committees on Appropriations, in writing, that NASA has 
     published the required notifications of NASA contract actions 
     implementing the acquisition strategy for the heavy lift 
     launch vehicle system identified in section 302 of Public Law 
     111-267 and has begun to execute relevant contract actions in 
     support of development of the heavy lift launch vehicle 
     system:  Provided further, That funds made available under 
     this heading within this Act may be transferred to 
     ``Construction and Environmental Compliance and Restoration'' 
     for construction activities related to the Orion multipurpose 
     crew vehicle and the heavy lift launch vehicle system:  
     Provided further, That funds so transferred shall be subject 
     to the 5 percent but shall not be subject to the 10 percent 
     transfer limitation described under the Administrative 
     Provisions in this Act for the National Aeronautics and Space 
     Administration, shall be available until September 30, 2017, 
     and shall be treated as a reprogramming under section 505 of 
     this Act.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; maintenance and repair, facility 
     planning and design; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; and purchase, lease, 
     charter, maintenance and operation of mission and 
     administrative aircraft, $4,285,000,000, to remain available 
     until September 30, 2013:  Provided, That of the amounts 
     provided under this heading, not more than $650,900,000 shall 
     be for Space Shuttle operations, production, research, 
     development, and support, not more than $2,803,500,000 shall 
     be for International Space Station operations, production, 
     research, development, and support, not more than 
     $168,000,000 shall be for the 21st Century Launch Complex, 
     and not more than $662,600,000 shall be for Space and Flight 
     Support:  Provided further, That funds made available under 
     this heading for 21st Century Launch Complex may be 
     transferred to ``Construction and Environmental Compliance 
     and Restoration'' for construction activities only at NASA-
     owned facilities:  Provided further, That funds so 
     transferred shall not be subject to the transfer limitations 
     described in the Administrative Provisions in this Act for 
     the National Aeronautics and Space Administration, shall be 
     available until September 30, 2017, and shall be treated as a 
     reprogramming under section 505 of this Act.

                               education

       For necessary expenses, not otherwise provided for, in 
     carrying out aerospace and aeronautical education research 
     and development activities, including research, development, 
     operations, support, and services; program management; 
     personnel and related costs, uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $138,400,000, to remain available 
     until September 30, 2013.

                          cross agency support

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, exploration, 
     space operations and education research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; not to exceed $52,500 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $3,043,073,000:  
     Provided, That not less than $39,100,000 shall be available 
     for independent verification and validation activities:  
     Provided further, That contracts may be entered into under 
     this heading in fiscal year 2012 for maintenance and 
     operation of facilities, and for other services, to be 
     provided during the next fiscal year.

       construction and environmental compliance and restoration

       For necessary expenses for construction of facilities 
     including repair, rehabilitation, revitalization, and 
     modification of facilities, construction of new facilities 
     and additions to existing facilities, facility planning and 
     design, and restoration, and acquisition or condemnation of 
     real property, as authorized by law, and environmental 
     compliance and restoration, $422,000,000, to remain available 
     until September 30, 2017:  Provided, That hereafter, 
     notwithstanding section 315 of the National Aeronautics and 
     Space Act of 1958 (42 U.S.C. 2459j), all proceeds from leases 
     entered into under that section shall be deposited into this 
     account and shall be available for a period of 5 years, to 
     the extent provided in annual appropriations Acts:  Provided 
     further, That such proceeds shall be available for obligation 
     for fiscal year 2012 in an amount not to exceed $3,960,000:  
     Provided further, That each annual budget request shall 
     include an annual estimate of gross receipts and collections 
     and proposed use of all funds collected pursuant to section 
     315 of the National Aeronautics and Space Act of 1958 (42 
     U.S.C. 2459j).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $37,300,000.

                       administrative provisions

       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Balances so 
     transferred shall be merged with and available for the same 
     purposes and the same time period as the appropriations to 
     which transferred. Any transfer pursuant to this provision 
     shall be treated as a reprogramming of funds under section 
     505 of this Act and shall not be available for obligation 
     except in compliance with the procedures set forth in that 
     section.
       The unexpired balances of previous accounts, for activities 
     for which funds are provided under this Act, may be 
     transferred to the new accounts established in this Act that 
     provide such activity. Balances so transferred shall be 
     merged with the funds in the newly established accounts, but 
     shall be available under the same terms, conditions and 
     period of time as previously appropriated.
       Section 40902 of title 51, United States Code, is amended 
     by adding at the end the following:
       ``(d) Availability of Funds.--The interest accruing from 
     the National Aeronautics and Space Administration Endeavor 
     Teacher Fellowship Trust Fund principal shall be available in 
     fiscal year 2012 for the purpose of the Endeavor Science 
     Teacher Certificate Program.''.
       Section 20145(b)(1) of title 51 is amended by inserting 
     ``(A)'' before ``A person'' and adding at the end thereof the 
     following new subparagraph (B) as follows:
       ``(B) Notwithstanding subparagraph (A), the Administrator 
     may accept in-kind consideration for leases entered into for 
     the purpose of developing renewable energy production 
     facilities.''.
       The spending plan required by section 540 of this Act shall 
     be provided by NASA at the theme, program, project and 
     activity level. The spending plan, as well as any subsequent 
     change of an amount established in that spending plan that 
     meets the notification requirements of section 505 of this 
     Act, shall be treated as a reprogramming under section 505 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.

                      National Science Foundation

                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42

[[Page S6780]]

     U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $5,443,000,000, to remain available until 
     September 30, 2013, of which not to exceed $550,000,000 shall 
     remain available until expended for polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program:  Provided, That receipts for scientific support 
     services and materials furnished by the National Research 
     Centers and other National Science Foundation supported 
     research facilities may be credited to this appropriation:  
     Provided further, That not less than $146,830,000 shall be 
     available for activities authorized by section 
     7002(c)(2)(A)(iv) of Public Law 110-69:  Provided further, 
     That up to $100,000,000 of funds made available under this 
     heading within this Act may be transferred to ``Major 
     Research Equipment and Facilities Construction'':  Provided 
     further, That funds so transferred shall not be subject to 
     the transfer limitations described in the Administrative 
     Provisions in this Act for the National Science Foundation, 
     and shall be available until expended only after notification 
     of such transfer to the Committees on Appropriations.

          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), including authorized travel, $117,055,000, 
     to remain available until expended:  Provided, That none of 
     the funds may be used to reimburse the Judgment Fund.

                     education and human resources

       For necessary expenses in carrying out science, mathematics 
     and engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $829,000,000, 
     to remain available until September 30, 2013:  Provided, That 
     not less than $54,890,000 shall be available until expended 
     for activities authorized by section 7030 of Public Law 110-
     69.

                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1861-1875); services authorized by 5 
     U.S.C. 3109; hire of passenger motor vehicles; not to exceed 
     $6,900 for official reception and representation expenses; 
     uniforms or allowances therefor, as authorized by 5 U.S.C. 
     5901-5902; rental of conference rooms in the District of 
     Columbia; and reimbursement of the Department of Homeland 
     Security for security guard services; $290,400,000:  
     Provided, That contracts may be entered into under this 
     heading in fiscal year 2012 for maintenance and operation of 
     facilities, and for other services, to be provided during the 
     next fiscal year.

                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 
     1880 et seq.), $4,440,000:  Provided, That not to exceed 
     $2,100 shall be available for official reception and 
     representation expenses.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $14,200,000.

                        administrative provision

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Science 
     Foundation in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers. Any transfer 
     pursuant to this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation except in compliance with the 
     procedures set forth in that section.
       This title may be cited as the ``Science Appropriations 
     Act, 2012''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $9,193,000:  
     Provided, That none of the funds appropriated in this 
     paragraph shall be used to employ in excess of four full-time 
     individuals under Schedule C of the Excepted Service 
     exclusive of one special assistant for each Commissioner:  
     Provided further, That none of the funds appropriated in this 
     paragraph shall be used to reimburse Commissioners for more 
     than 75 billable days, with the exception of the chairperson, 
     who is permitted 125 billable days:  Provided further, That 
     none of the funds appropriated in this paragraph shall be 
     used for any activity or expense that is not explicitly 
     authorized by 42 U.S.C. 1975a:  Provided further, That there 
     shall be an Inspector General at the Commission on Civil 
     Rights who shall have the duties, responsibilities, and 
     authorities specified in the Inspector General Act of 1978, 
     as amended:  Provided further, That an individual appointed 
     to the position of Inspector General of the Equal Employment 
     Opportunity Commission (EEOC) shall, by virtue of such 
     appointment, also hold the position of Inspector General of 
     the Commission on Civil Rights:  Provided further, That the 
     Inspector General of the Commission on Civil Rights shall 
     utilize personnel of the Office of Inspector General of EEOC 
     in performing the duties of the Inspector General of the 
     Commission on Civil Rights, and shall not appoint any 
     individuals to positions within the Commission on Civil 
     Rights:  Provided further, That of the amounts made available 
     in this paragraph, $800,000 shall be transferred directly to 
     the Office of Inspector General of EEOC upon enactment of 
     this Act for salaries and expenses necessary to carry out the 
     duties of the Inspector General of the Commission on Civil 
     Rights.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, the Civil Rights Act of 1991, the Genetic 
     Information Non-Discrimination Act (GINA) of 2008 (Public Law 
     110-233), the ADA Amendments Act of 2008 (Public Law 110-
     325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public 
     Law 111-2), including services as authorized by 5 U.S.C. 
     3109; hire of passenger motor vehicles as authorized by 31 
     U.S.C. 1343(b); and nonmonetary awards to private citizens, 
     $329,837,000:  Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $1,875 from available funds:  Provided 
     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the Committees on Appropriations have been 
     notified of such proposals, in accordance with the 
     reprogramming requirements of section 505 of this Act:  
     Provided further, That the Chair is authorized to accept and 
     use any gift or donation to carry out the work of the 
     Commission.

               state and local law enforcement assistance

       For payments to State and local enforcement agencies for 
     authorized services to the Commission, $29,400,000.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $1,875 for official reception and representation expenses, 
     $80,062,000, to remain available until expended.

                       Legal Services Corporation

               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $396,106,000, of which $370,506,000 is for basic field 
     programs and required independent audits; $4,200,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $17,000,000 is for management and grants 
     oversight; $3,400,000 is for client self-help and information 
     technology; and $1,000,000 is for loan repayment assistance:  
     Provided, That the Legal Services Corporation may continue to 
     provide locality pay to officers and employees at a rate no 
     greater than that provided by the Federal Government to 
     Washington, DC-based employees as authorized by 5 U.S.C. 
     5304, notwithstanding section 1005(d) of the Legal Services 
     Corporation Act, 42 U.S.C. 2996(d):  Provided further, That 
     the authorities provided in section 205 of this Act shall be 
     applicable to the Legal Services Corporation.

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2011 and 2012, respectively.
       Section 504 of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1996 (as contained in Public Law 104-134) is amended:
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting after ``)'' the following: ``that uses 
     Federal funds (or funds from any source with regard to 
     paragraphs (14) and (15) in a manner'';

[[Page S6781]]

       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, $3,025,000.

            Office of the United States Trade Representative

                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $46,775,000, of which $1,000,000 
     shall remain available until expended:  Provided, That not to 
     exceed $93,000 shall be available for official reception and 
     representation expenses.

                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et seq.) $5,019,000, of which 
     $500,000 shall remain available until September 30, 2013:  
     Provided, That not to exceed $1,875 shall be available for 
     official reception and representation expenses.

 Commission on Wartime Relocation and Internment of Latin Americans of 
                            Japanese Descent

                         salaries and expenses

       For necessary expenses to carry out the activities of the 
     Commission on Wartime Relocation and Internment of Latin 
     Americans of Japanese Descent, as authorized by section 541 
     of this Act, $1,700,000 shall be available until expended.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504.  If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2012, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds that--
       (1) creates or initiates a new program, project or 
     activity, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees, unless the House 
     and Senate Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds in provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2012, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 days in 
     advance of such reprogramming of funds.
       Sec. 506.  Hereafter, none of the funds made available in 
     this or any other Act may be used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion, when it is 
     made known to the Federal entity or official to which such 
     funds are made available that such guidelines do not differ 
     in any respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507.  If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508.  The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the House and Senate 
     Committees on Appropriations a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 509.  Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency:  
     Provided, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out this 
     section is provided in addition to authorities included 
     elsewhere in this Act:  Provided further, That use of funds 
     to carry out this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       Sec. 510.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511.  Hereafter, none of the funds appropriated 
     pursuant to this Act or any other provision of law may be 
     used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512.  Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 513.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515.  Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) For fiscal year 2012 and thereafter, the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives shall include in 
     all such data releases, language similar to the following

[[Page S6782]]

     that would make clear that trace data cannot be used to draw 
     broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518.  None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 519.  None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 520. (a) Notwithstanding any other provision of law or 
     treaty, hereafter, none of the funds appropriated or 
     otherwise made available under this Act or any other Act may 
     be expended or obligated by a department, agency, or 
     instrumentality of the United States to pay administrative 
     expenses or to compensate an officer or employee of the 
     United States in connection with requiring an export license 
     for the export to Canada of components, parts, accessories or 
     attachments for firearms listed in Category I, section 121.1 
     of title 22, Code of Federal Regulations (International 
     Trafficking in Arms Regulations (ITAR), part 121, as it 
     existed on April 1, 2005) with a total value not exceeding 
     $500 wholesale in any transaction, provided that the 
     conditions of subsection (b) of this section are met by the 
     exporting party for such articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 521.  Notwithstanding any other provision of law, 
     hereafter, no department, agency, or instrumentality of the
                                 ______
                                 
  SA 876. Mr. KIRK 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 51, line 2, strike ``1974.'' and insert the 
     following: ``1974: Provided further, That none of the funds 
     made available by this act shall be used to support a loan or 
     grant for any proposed service territory in which broadband 
     service with a combined speed of 3 Mbps (upstream and 
     downstream) is offered by an incumbent service provider to 
     more than 25 percent of households in such service territory, 
     in the aggregate: Provided further, That none of the funds 
     shall be used to support a loan or a grant for any proposed 
     service territory for an upgrade of broadband plant when 
     there is more than 1 incumbent service provider and not less 
     than 1 of the incumbent service providers is offering service 
     with a combined speed of 3 Mbps (upstream and downstream).''.
                                 ______
                                 
  SA 877. Mr. KIRK 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 51, line 2, strike ``1974.'' and insert the 
     following: ``1974: Provided further, That none of the funds 
     made available by this Act shall be used to support any loan 
     or grant for any proposed service territory in which not less 
     than 25 percent of the households in the proposed service 
     territory in the aggregate are offered broadband service by 
     not less than 2 incumbent service providers.''.
                                 ______
                                 
  SA 878. Ms. SNOWE (for herself, Mr. Blumenthal, Mr. Schumer, Mr. 
Grassley, Mr. Casey, Ms. Klobuchar, Ms. Collins, Mr. Coons, Mr. Kirk, 
Mr. Wyden, Mr. Lautenberg, Mr. Brown, of Ohio, Mr. Sessions, and 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 153, after line 24, add the following:

     SEC. 218. REPORT ON COMBATING SYNTHETIC DRUGS.

       (a) In General.--Using amounts made available under this 
     Act, and not later than 90 days after the date of enactment 
     of this Act, the Director of the Office of National Drug 
     Control Policy, in coordination with the Attorney General, 
     shall submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives a report detailing the strategy of the 
     Federal Government for partnering with local law enforcement 
     agencies to target the spread of synthetic drugs, including 
     methylenedioxypyrovalerone and mephedrone.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the strategy of the Federal Government for--
       (1) conducting public awareness campaigns and partnering 
     with local law enforcement officials, hospitals, and schools 
     to educate parents and young people about the dangers of 
     abusing synthetic drugs;

[[Page S6783]]

       (2) addressing the rampant abuse and ease of access of 
     synthetic drugs in rural communities, where such problems can 
     multiply quickly while attention is placed on larger 
     population centers;
       (3) using the High Intensity Drug Trafficking Areas program 
     to provide additional assistance to law enforcement agencies 
     operating in areas experiencing high levels of synthetic drug 
     trafficking;
       (4) improving coordination with U.S. Customs and Border 
     Protection to seize shipments of synthetic drugs;
       (5) developing and distributing test kits so that local law 
     enforcement agencies can better identify dangerous 
     individuals under the influence of synthetic drugs in the 
     field; and
       (6) using the authority under section 203 of the Controlled 
     Substances Act (21 U.S.C. 813), to pursue law enforcement 
     actions against the distribution of synthetic drugs.
                                 ______
                                 
  SA 879. Mr. MERKLEY (for himself and Mr. Wyden) 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:

       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 under 
     this title to carry out parts A and B of subtitle V of title 
     49, United States Code, 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 under this title to carry out parts A and 
     B of subtitle V of title 49, United States Code, 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 under 
     this title to carry out parts A and B of subtitle V of title 
     49, United States Code, which--
       (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 under this title to carry out parts A 
     and B of subtitle V of title 49, United States Code, 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 880. Mr. WYDEN 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.  The amount appropriated to the Office of the 
     United States Trade Representative under the heading 
     ``salaries and expenses'' under the heading ``Office of the 
     United States Trade Representative'' in title IV of this 
     division and available for the Office of the Special Textile 
     Negotiator shall instead be available for the Office of the 
     General Counsel.
                                 ______
                                 
  SA 881. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 765 submitted by Mr. DeMint and intended to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. __.  The amount appropriated to the Office of the 
     United States Trade Representative under the heading 
     ``salaries and expenses'' under the heading ``Office of the 
     United States Trade Representative'' in title IV of division 
     B and available for the Office of the Special Textile 
     Negotiator shall instead be available for the Office of the 
     General Counsel.
                                 ______
                                 
  SA 882. Mr. TESTER 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:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218.  None of the funds appropriated or otherwise made 
     available under this Act may be used to enforce subsection 
     (d)(3) or subsection (g)(3) of section 922 of title 18, 
     United States Code, based on the use of marijuana legally 
     under State law by an individual.
                                 ______
                                 
  SA 883. Ms. STABENOW (for herself and 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 the prescription drug may 
     not be (1) a controlled substance, as defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802); or (2) a 
     biological product, as defined in section 351 of the Public 
     Health Service Act (42 U.S.C. 262). None of the funds made 
     available in this Act for the Food and Drug Administration 
     shall be used to change the practices and policies of the 
     Food and Drug Administration, in effect on October 1, 2011, 
     with respect to the importation of prescription drugs into 
     the United States by an individual, on the person of such 
     individual, for personal use, with respect to such 
     importation by individuals from countries other than 
     Canada.''.

                                 ______
                                 
  SA 884. Mr. VITTER submitted an amendment intended to be proposed by

[[Page S6784]]

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) Audit of DNA and Rape Kit Backlog Grants.--
     The Comptroller General of the United States shall conduct a 
     study of any grants awarded for the purpose of preventing or 
     reducing DNA and rape kit backlogs by the Department of 
     Justice using amounts made available under this Act, and any 
     such grants made during the preceding 4 fiscal years, to 
     determine whether the grant funds are being used to the 
     maximum extent to--
       (1) reduce and prevent DNA and rape kit backlogs; and
       (2) increase the capacity of State and local laboratories 
     in analyzing DNA and rape kits.
       (b) Contents.--The study required under subsection (a) 
     shall--
       (1) include an analysis of what proportion of grant 
     dollars, annually, are provided to--
       (A) State and local laboratories;
       (B) non-government entities; and
       (C) the National Institute of Justice program office;
       (2) detail the methodology used to distribute grant 
     dollars, particularly through the discretionary authority of 
     the National Institute of Justice; and
       (3) include an analysis of how the National Institute of 
     Justice inventories and compiles grant data and results, 
     including--
       (A) a breakdown of the amount of funds provided to non-
     government DNA laboratories on an annual basis; and
       (B) a description of the contribution of the National 
     Institute of Justice towards increasing capacity and reducing 
     backlogs for government DNA laboratories.
                                 ______
                                 
  SA 885. Mr. BEGICH (for himself, Mr. Coburn, Mr. Udall of Colorado, 
Mr. Bennet, Mr. Enzi, and Mr. Burr) 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 108, between lines 22 and 23, insert the following:


                  patent and trademark office funding

       Sec. 114.  (a) Funding.--
       (1) In general.--Section 42 of title 35, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``Patent and Trademark 
     Office Appropriation Account'' and inserting ``United States 
     Patent and Trademark Office Public Enterprise Fund'';
       (B) by striking ``(c)(1)'' and inserting ``(c)''; and
       (C) in subsection (c)--
       (i) in the first sentence--

       (I) by striking ``To the extent'' and all that follows 
     through ``fees'' and inserting ``Fees''; and
       (II) by striking ``shall be collected by and shall, subject 
     to paragraph (3), be available to the Director'' and 
     inserting ``shall be collected by the Director and shall be 
     available until expended'';

       (ii) by inserting after the first sentence the following: 
     ``All fees available to the Director under section 31 of the 
     Trademark Act of 1946 shall be used only for the processing 
     of trademark registrations and for other activities, 
     services, and materials relating to trademarks and to cover a 
     proportionate share of the administrative costs of the Patent 
     and Trademark Office.''; and
       (iii) by striking paragraphs (2) and (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of enactment of this Act.
       (b) USPTO Revolving Fund.--
       (1) Definitions.--In this subsection--
       (A) the term ``Fund'' means the United States Patent and 
     Trademark Office Public Enterprise Fund established under 
     paragraph (2);
       (B) the term ``Director'' means the Director of the United 
     States Patent and Trademark Office;
       (C) the term ``Office'' means the United States Patent and 
     Trademark Office; and
       (D) the term ``Under Secretary'' means the Under Secretary 
     of Commerce for Intellectual Property.
       (2) Establishment.--There is established in the Treasury of 
     the United States a revolving fund to be known as the 
     ``United States Patent and Trademark Office Public Enterprise 
     Fund''. Any amounts in the Fund shall be available for use by 
     the Director without fiscal year limitation.
       (3) Derivation of resources.--There shall be deposited into 
     the Fund on or after the effective date of subsection (a)--
       (A) any fees collected under sections 41, 42, and 376 of 
     title 35, United States Code, provided that notwithstanding 
     any other provision of law, if such fees are collected by, 
     and payable to, the Director, the Director shall transfer 
     such amounts to the Fund; and
       (B) any fees collected under section 31 of the Trademark 
     Act of 1946 (15 U.S.C. 1113).
       (4) Expenses.--Amounts deposited into the Fund under 
     paragraph (2) shall be available, without fiscal year 
     limitation, to cover--
       (A) all expenses to the extent consistent with the 
     limitation on the use of fees set forth in section 42(c) of 
     title 35, United States Code, including all administrative 
     and operating expenses, determined in the discretion of the 
     Under Secretary to be ordinary and reasonable, incurred by 
     the Under Secretary and the Director for the continued 
     operation of all services, programs, activities, and duties 
     of the Office relating to patents and trademarks, as such 
     services, programs, activities, and duties are described 
     under--
       (i) title 35, United States Code; and
       (ii) the Trademark Act of 1946; and
       (B) all expenses incurred pursuant to any obligation, 
     representation, or other commitment of the Office.
       (c) Annual Report.--Not later than 60 days after the end of 
     each fiscal year, the Under Secretary and the Director shall 
     submit a report to Congress which shall--
       (1) summarize the operations of the Office for the 
     preceding fiscal year, including financial details and staff 
     levels broken down by each major activity of the Office;
       (2) detail the operating plan of the Office, including 
     specific expense and staff needs for the upcoming fiscal 
     year;
       (3) describe the long term modernization plans of the 
     Office;
       (4) set forth details of any progress towards such 
     modernization plans made in the previous fiscal year; and
       (5) include the results of the most recent audit carried 
     out under subsection (e).
       (d) Annual Spending Plan.--
       (1) In general.--Not later than 30 days after the beginning 
     of each fiscal year, the Director shall notify the Committees 
     on Appropriations of both Houses of Congress of the plan for 
     the obligation and expenditure of the total amount of the 
     funds for that fiscal year in accordance with section 605 of 
     the Science, State, Justice, Commerce, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 
     2334).
       (2) Contents.--Each plan under paragraph (1) shall--
       (A) summarize the operations of the Office for the current 
     fiscal year, including financial details and staff levels 
     with respect to major activities; and
       (B) detail the operating plan of the Office, including 
     specific expense and staff needs, for the current fiscal 
     year.
       (e) Audit.--The Under Secretary shall, on an annual basis, 
     provide for an independent audit of the financial statements 
     of the Office. Such audit shall be conducted in accordance 
     with generally acceptable accounting procedures.
       (f) Budget.--The Director shall prepare and submit each 
     year to the President a business-type budget in a manner, and 
     before a date, as the President prescribes by regulation for 
     the budget program.
       (g) Technical and Conforming Amendments.--Section 11 of the 
     Leahy-Smith America Invents Act (35 U.S.C. 41 note) is 
     amended--
       (1) in subsection (h), by amending paragraph (3) to read as 
     follows:
       ``(3) Deposit of fees.--All fees paid under this subsection 
     shall be credited to the United States Patent and Trademark 
     Office Public Enterprise Fund, established under section 
     2(b)(2) of the Patent and Trademark Office Revolving Fund Act 
     of 2011, shall remain available until expended, and may be 
     used only for the purposes specified in section 2(b)(4) of 
     such Act.''; and
       (2) in subsection (i)--
       (A) in the header, by striking ``Appropriation Account''; 
     and
       (B) by amending paragraph (1)(B) to read as follows:
       ``(B) Deposit of amounts.--Amounts collected pursuant to 
     the surcharge imposed under subparagraph (A) shall be 
     credited to the United States Patent and Trademark Office 
     Public Enterprise Fund, established under section 2(b)(2) of 
     the Patent and Trademark Office Revolving Fund Act of 2011, 
     shall remain available until expended, and may be used only 
     for the purposes specified in section 2(b)(4) of such Act.''.
                                 ______
                                 
  SA 886. Mr. BAUCUS (for himself, Ms. Stabenow, and Mr. Brown of Ohio) 
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, between lines 2 and 3, insert the following:
       Sec. 542. (a) The matter under the heading ``salaries and 
     expenses'' under the heading ``Office of the United States 
     Trade Representative'' in title IV of this division is 
     amended--
       (1) by striking ``$46,775,000'' and inserting 
     ``$51,251,000''; and
       (2) by striking the period at the end and inserting ``: 
     Provided, That $4,476,000 shall be available for, among other 
     activities, developing opportunities for small businesses to 
     access the markets of foreign countries and enforcing trade 
     agreements to which the United States is a party.''.

[[Page S6785]]

       (b) The matter under the heading ``salaries and expenses'' 
     under the heading ``National Telecommunications and 
     Information Administration'' in title I of this division is 
     amended by striking ``$45,568,000'' and inserting 
     ``$41,092,000''.
                                 ______
                                 
  SA 887. Mr. MERKLEY (for himself and Mr. Brown of Massachusetts) 
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. __.  Owners of properties supported by the Secretary 
     other than under section 9 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437g), for which an event causing the 
     cessation of rental assistance or affordability restrictions 
     has resulted or will result in eligibility for tenant 
     protection vouchers under section 8(o) or enhanced vouchers 
     under section 8(t) of such Act, shall be eligible for, 
     subject to requirements established by the Secretary, 
     including tenant consultation procedures, and in lieu of 
     issuance or continuation of such vouchers, conversion of 
     assistance available for such vouchers to assistance under 
     section 8(o)(13) of such Act, except that, only with respect 
     to such conversions, the Secretary may alter or waive the 
     provisions of subsections 8(o)(13)(B), (C), and (D) and, for 
     enhanced voucher being converted, of subsection 8(o)(13)(H).
                                 ______
                                 
  SA 888. Ms. MURKOWSKI (for herself and Mr. Begich) 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 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 
     single State region if the Governor of the State within such 
     region provides written objection to such planning.
                                 ______
                                 
  SA 889. Mr. BROWN of Massachusetts (for himself and Mr. Kerry) 
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 105, between lines 12 and 13, insert the following:
       (b)(1) Fees deposited in the Fisheries Enforcement Asset 
     Forfeiture Fund may be used without further annual 
     appropriation to conduct the audits required by paragraph 
     (2).
       (2) For each of the fiscal years 2012, 2013, and 2014, the 
     Secretary or the Secretary of the Treasury shall--
       (A) prepare an annual audit plan for the Fisheries 
     Enforcement Asset Forfeiture Fund;
       (B) submit each such audit plan to the Inspector General of 
     the Department of Commerce or the Inspector General of the 
     Department of the Treasury, as appropriate;
       (C) carry out the audit; and
       (D) submit the final audit results to the Inspector General 
     of the Department of Commerce or the Inspector General of the 
     Department of the Treasury, as appropriate, upon completion.
                                 ______
                                 
  SA 890. Mr. BURR (for himself and 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 62, line 17, strike the period and insert the 
     following: ``: Provided further, That not later than 90 days 
     after the date of enactment of this Act, the Secretary of 
     Health and Human Services shall submit to Congress a report 
     that discloses, with respect to all drugs, devices, and 
     biological products approved, cleared, or licensed under the 
     Federal Food, Drug, and Cosmetic Act or the Public Health 
     Service Act during calendar year 2011, including such drugs, 
     devices, and biological products so approved, cleared, or 
     licensed using funds made available under this Act: (1) the 
     average number of calendar days that elapsed from the date 
     that drug applications (including any supplements) were 
     submitted to such Secretary under section 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355) until the date 
     that the drugs were approved under such section 505; (2) the 
     average number of calendar days that elapsed from the date 
     that applications for device clearance (including any 
     supplements) under section 510(k) of such Act (21 U.S.C. 
     360(k)) or for premarket approval (including any supplements) 
     under section 515 of such Act (21 U.S.C. 360e) were submitted 
     to such Secretary until the date that the devices were 
     cleared under such section 510(k) or approved under such 
     section 515; and (3) the average number of calendar days that 
     elapsed from the date that biological license applications 
     (including any supplements) were submitted to such Secretary 
     under section 351 of the Public Health Service Act (42 U.S.C. 
     262) until the date that the biological products were 
     licensed under such section 351.''.
                                 ______
                                 
  SA 891. Mr. BURR (for himself, Ms. Klobuchar, and Mr. Bennet) 
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 in title VII of division A, insert 
     the following:

     SEC. __. MANAGEMENT AND INNOVATION REVIEW.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary''), 
     acting through the Commissioner of Food and Drugs, shall 
     enter into a contract with an eligible entity to carry out 
     the activities described in subsection (c).
       (b) Eligible Entity.--To be eligible to enter into a 
     contract with the Secretary under subsection (a), an entity 
     shall--
       (1) be an entity with experience in evaluating the 
     management and operating structure of large organizations; 
     and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (c) Activities.--The entity with which the Secretary enters 
     into the contract under subsection (a) shall, pursuant to 
     such contract, conduct an extensive review of the management 
     and regulatory processes at the Center for Devices and 
     Radiological Health of the Food and Drug Administration to 
     ensure any actions carried out by such Center take into 
     consideration the potential impacts on innovation with 
     respect to medical devices and other products regulated by 
     such Center.
       (d) Report.--Not later than 1 year after the date that the 
     Secretary enters into the contract with the eligible entity 
     under subsection (a), such entity shall submit to Congress 
     and the Secretary a report that describes the findings and 
     recommendations of such entity based on the review conducted 
     under subsection (c).
       (e) Funding.--To carry out this section, the Secretary 
     shall use funds otherwise made available under this division 
     for the operations of the Office of the Commissioner of Food 
     and Drugs.
                                 ______
                                 
  SA 892. Mr. McCAIN 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 70, line 7, insert ``or that the closing or 
     relocation would result in cost savings'' after ``delivery''.

                                 ______
                                 
  SA 893. Ms. CANTWELL (for herself, Ms. Murkowski, and Mr. Begich) 
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 108, between lines 22 and 23, insert the following:
       Sec. 114. (a) Short Title.--This section may be cited as 
     the ``Emergency Response, Research, and Management: Stopping 
     the Spread of the Infectious Salmon Anemia Virus Act''.
       (b) Findings.--Congress finds the following:
       (1) Salmon are a keystone species, sustaining more than 180 
     other species in freshwater and marine ecosystems.
       (2) Salmon are a central part of the culture, economy, and 
     environment of Western North America.
       (3) Economic activities relating to salmon generate 
     billions of dollars of economic activity and provide tens of 
     thousands of jobs.
       (4) Infectious salmon anemia poses a risk to wild and 
     hatchery salmon populations and therefore threatens--
       (A) commercial, tribal, and recreational salmon fishery 
     jobs;
       (B) ecosystems which rely on healthy salmonid populations; 
     and
       (C) ecosystem based processes which rely on healthy salmon 
     populations.
       (c) Research.--

[[Page S6786]]

       (1) Research coordination.--The National Aquatic Animal 
     Health Task Force shall coordinate research, monitoring, and 
     reporting efforts of infectious salmon anemia in the 
     waterways of Alaska, Washington, Oregon, California, and 
     Idaho.
       (2) Research objectives.--The Task Force shall establish 
     infectious salmon anemia research objectives to assess--
       (A) the prevalence of infectious salmon anemia in both wild 
     and aquaculture salmonid populations throughout Alaska, 
     Washington, Oregon, California, and Idaho;
       (B) genetic susceptibility by population and species;
       (C) susceptibility of populations to infectious salmon 
     anemia from geographic and oceanographic factors;
       (D) potential transmission pathways between infectious 
     Canadian sockeye and uninfected salmonid populations in 
     United States waters;
       (E) management strategies to rapidly respond to potential 
     infectious salmon anemia outbreaks in both wild and 
     aquaculture populations, including securing the water 
     supplies at conservation hatcheries to protect hatchery fish 
     from exposure to the infectious salmon anemia virus present 
     in incoming surface water;
       (F) potential economic impacts of infectious salmon anemia;
       (G) any role foreign salmon farms may have in spreading the 
     disease to wild populations;
       (H) the identity of any potential Federal, State, tribal, 
     and international research partners; and
       (I) other infectious salmon anemia research priorities, as 
     determined by the Task Force.
       (3) Research collaboration.--The Task Force shall--
       (A) collaborate with the Government of Canada and Federal, 
     State, and tribal governments to acquire baseline data and to 
     carry out the research objectives described in paragraph (2); 
     and
       (B) collaborate for such purposes with the Department of 
     Fish and Wildlife of Washington and the Department of Fish 
     and Game of Alaska.
       (d) Report to Congress.--Not later than 6 months after the 
     date of the enactment of this Act, the National Aquatic 
     Animal Health Task Force shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report of the findings of the research 
     objectives described in subsection (c)(2).
                                 ______
                                 
  SA 894. Mr. CARDIN 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:

       Strike section 128 of division C.
                                 ______
                                 
  SA 895. 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:

       At the end of the amendment, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.

                          ____________________