[Congressional Record Volume 157, Number 158 (Thursday, October 20, 2011)]
[Senate]
[Pages S6881-S6888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 896. Mr. BROWN of Massachusetts 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:


[[Page S6882]]


       At the appropriate place, insert the following:
       Sec. __. (a) Observance of Veterans Day.--Chapter 1 of 
     title 36, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 145. Veterans Day

       ``The President shall each year issue a proclamation 
     calling on the people of the United States to observe two 
     minutes of silence on Veterans Day, beginning at 2:11 p.m. 
     eastern time, in honor of the service and sacrifice of 
     veterans throughout the history of the Nation.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1 of title 36, United States Code, is amended by adding at 
     the end the following new item:

``145. Veterans Day.''.
                                 ______
                                 
  SA 897. Mr. BROWN of Ohio (for himself and Mr. Durbin) 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 286, between lines 6 and 7, insert the following:
       Sec. __.  None of the funds made available to the 
     Department of Transportation by this Act or an amendment made 
     by this Act shall be used by any State or political 
     subdivision of a State for the purpose of studying, 
     promoting, or finalizing the sale or long-term lease of any 
     federally funded roadway, toll road, bridge, airport, or 
     transit system.
                                 ______
                                 
  SA 898. Mr. RUBIO (for himself, Mr. Wicker, Mr. Nelson of Florida, 
Mr. Landrieu, and Mr. Shelby) proposed an amendment 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 153, after line 24, add the following:

     SEC. 218. EVALUATION OF GULF COAST CLAIMS FACILITY.

       The Attorney General shall identify an independent auditor 
     to evaluate the Gulf Coast Claims Facility.
                                 ______
                                 
  SA 899. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as 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 carry out any provision of Executive Order 13547 
     (33 U.S.C. 857-19 note; relating to stewardship of the ocean, 
     coasts, and Great Lakes).
                                 ______
                                 
  SA 900. Ms. SNOWE (for herself and Ms. Landrieu) 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) None of the funds appropriated or otherwise 
     made available by this title may be obligated or expended to 
     terminate the operations of an office of the United States 
     and Foreign Commercial Service in the embassy of the United 
     States in a country described in subsection (b).
       (b) A country described in this subsection is a country for 
     which the ratio of the volume of goods and services exported 
     to that country by small businesses in the United States in 
     fiscal year 2007 to the volume of all goods and services 
     exported to that country from the United States in that 
     fiscal year exceeds by not less than 20 percent the ratio of 
     the volume of goods and services exported to all countries by 
     small businesses in the United States in that fiscal year to 
     the volume of all goods and services exported to all 
     countries from the United States in that fiscal year.
       (c) For purposes of subsection (b), the volume of goods and 
     services exported from the United States in fiscal year 2007 
     shall be determined using data of the Bureau of the Census 
     for that fiscal year.
                                 ______
                                 
  SA 901. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds made available by this Act may 
     be used to pay for telemedicine services that are used for 
     the purpose of prescribing, dispensing, procuring, or 
     otherwise administering mifepristone, commonly known as RU-
     486.
                                 ______
                                 
  SA 902. Mr. KYL 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 89, line 10, strike ``$253,336,000'' and insert 
     ``$226,836,000''.
       On page 100, line 6, strike ``$56,726,000'' and insert 
     ``$46,726,000''.
       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 $15,000,000 shall be 
     available for detention upgrades at Federal courthouses 
     located in the Southwest border region; and of which not less 
     than $11,196,000 shall be available for the costs of 
     courthouse security equipment, including furnishings, 
     relocations, electronic security devices, telephone systems, 
     and cabling.
                                 ______
                                 
  SA 903. Mr. BINGAMAN (for himself, Ms. Murkowski, and Mr. Udall of 
Colorado) 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 125, line 3, insert before the period at the end 
     the following: ``: Provided further, That no funds made 
     available under this heading shall be made available to 
     enforce sections 5861 or 5872 of the Internal Revenue Code of 
     1986 with respect to destructive devices that are owned by 
     the United States and used to protect public safety as part 
     of the Forest Service Avalanche Control Program''.
                                 ______
                                 
  SA 904. Mr. PRYOR 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 87, line 17, strike ``grants'' and insert ``grants 
     and loan guarantees''.
                                 ______
                                 
  SA 905. Mr. PRYOR 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 5, line 1, strike ``$230,416,000'' and insert 
     ``$226,916,000''.
       On page 5, line 6, strike ``$52,146,000'' and insert 
     ``$48,646,000''.
       On page 45, line 21, strike ``$509,295,000'' and insert 
     ``$512,795,000''.
       On page 48, line 22, before the period at the end insert 
     ``: Provided further, That $3,500,000 of the amounts 
     appropriated under this heading shall be for loans made by 
     the Secretary, acting through the Administrator of the Rural 
     Utilities Service, under section 8 of the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1006a) to 
     carry out projects that include agricultural water supply 
     benefits, groundwater protection, environmental enhancement, 
     and flood control.''
                                 ______
                                 
  SA 906. Mr. MERKLEY (for himself, Mr. Brown of Massachusetts, 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

[[Page S6883]]

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).
                                 ______
                                 
  SA 907. Mr. COONS 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 313, line 8, strike ``$3,001,027,000'' and insert 
     ``$3,201,027,000''.
       On page 313, line 10, strike ``$2,851,027,000'' and insert 
     ``$3,051,027,000''.
       On page 317, line 19, strike ``$1,000,000,000'' and insert 
     ``$1,300,000,000''.
                                 ______
                                 
  SA 908. Mr. JOHNSON of South Dakota 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 300, line 22, after ``appropriated:'' insert the 
     following: ``Provided further, That a public housing agency 
     that does not receive from the Secretary of Housing and Urban 
     Development an allocation sufficient to cover the full amount 
     of administrative fees and expenses payable to the public 
     housing agency under the administrative fee rates provided 
     under this heading may utilize unobligated balances remaining 
     from housing assistance payment funds allocated to the public 
     housing agency during a previous year, to the extent 
     necessary to effect payment to the public housing agency of 
     an amount not exceeding 90 percent of the full administrative 
     fees and expenses payable to the public housing agency with 
     respect to authorized vouchers under lease:''.
                                 ______
                                 
  SA 909. Mr. REED 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 322, line 2, strike the period and insert the 
     following: ``: Provided further, the term `local government' 
     includes an instrumentality of a unit of general purpose 
     local government other than a public housing agency that is 
     established pursuant to legislation and designated by the 
     chief executive to act on behalf of the local government with 
     regard to activities funded under this heading: Provided 
     further, the term `State' includes any instrumentality of any 
     of the several States designated by the Governor to act on 
     behalf of the State and does not include Washington, D.C.: 
     Provided further, for purposes of environmental review, the 
     Secretary shall continue to permit assistance and projects 
     under this heading to be treated as assistance for special 
     projects that are subject to section 305(c) of the 
     Multifamily Housing Property Disposition Reform Act of 1994, 
     and subject to the regulations issued by the Secretary to 
     implement such section: Provided further, a metropolitan city 
     and an urban county that each receive an allocation under 
     this heading and are located within a geographic area that is 
     covered by a single continuum of care may jointly request the 
     Secretary to permit the urban county or the metropolitan 
     city, as agreed to by such county and city, to receive and 
     administer their combined allocations under a single grant.''
                                 ______
                                 
  SA 910. Mr. LAUTENBERG 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.  No funds made available under this Act shall be 
     used to allow the knowing transfer of a firearm to an 
     individual known (or appropriately suspected) to be or have 
     been engaged in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources for terrorism, when the Attorney General 
     has a reasonable belief that the applicant for a firearm may 
     use a firearm in connection with terrorism, unless the 
     Attorney General determines that denial of a firearm transfer 
     would likely compromise national security.
                                 ______
                                 
  SA 911. Mr. CARDIN 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 286, between lines 6 and 7, insert the following:

     SEC. 1__. STUDY OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       (a) Definitions.--In this section:
       (1) Cochairpersons.--The term ``cochairpersons'' means the 
     cochairpersons of the Appalachian Regional Commission.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (3) System.--The term ``System'' means the Appalachian 
     development highway system described in section 14501 of 
     title 40, United States Code.
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, with the concurrence of 
     the cochairpersons, shall--
       (1) conduct a study regarding the System, in accordance 
     with subsection (c); and
       (2) submit a report describing the results of the study 
     to--
       (A) the Committees on Appropriations of the House of 
     Representatives and the Senate;
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (C) the Committee on Environment and Public Works of the 
     Senate.
       (c) Requirements.--
       (1) In general.--In conducting the study under this 
     section, the Secretary, with the concurrence of the 
     cochairpersons, shall--
       (A) evaluate the effectiveness of the System in meeting the 
     original purpose and goals of the System;
       (B) reevaluate the purpose of, and need for, each 
     incomplete corridor of the System;
       (C) determine the estimated cost of completing each such 
     corridor and the economic benefits to the communities served 
     by those projects, on a State-by-State basis; and
       (D) establish timelines and delivery schedules for the 
     completion of each incomplete corridor determined to be 
     necessary under this paragraph.
       (2) Alternative federal-aid highway projects in appalachian 
     region.--
       (A) In general.--If the Secretary determines that an 
     incomplete corridor is unnecessary under paragraph (1)(B), 
     the Secretary, with the concurrence of the cochairpersons, 
     may evaluate other transportation needs within the area to be 
     served by that incomplete corridor to determine whether an 
     alternative Federal-aid highway project of greater value to 
     that area may be carried out.
       (B) Costs and time limitations.--If an alternative Federal-
     aid highway project is identified under subparagraph (A), 
     that project may be carried out, subject to the conditions 
     that--
       (i) the cost to complete the alternative project does not 
     exceed the estimated cost of completing the original 
     incomplete corridor under paragraph (1)(B); and
       (ii) the timeline and delivery schedule for completion of 
     the alternative project does not exceed any timeline or 
     delivery schedule established for the original incomplete 
     corridor under paragraph (1)(C).
                                 ______
                                 
  SA 912. Mr. KYL (for himself, Mr. Cornyn, and Mr. McCain) proposed an 
amendment 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 89, strike line 6 and all that follows 
     through page 118, line 2, and insert the following:

                          Bureau of the Census

                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $226,836,000:  Provided, That from amounts provided 
     herein, funds may be used for promotion, outreach, and 
     marketing activities.

                     periodic censuses and programs

                     (including transfer of funds)

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $690,000,000, to remain available until September 30, 2013:  
     Provided, That from amounts provided herein, funds may be 
     used for additional promotion, outreach, and marketing 
     activities:  Provided further, That within the amounts 
     appropriated, $1,000,000 shall be transferred to the

[[Page S6884]]

     Office of the Inspector General for activities associated 
     with carrying out investigations and audits related to the 
     Bureau of the Census.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $45,568,000, to remain available until September 30, 
     2013:  Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended:  Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

       For the administration of prior-year grants, recoveries and 
     unobligated balances of funds previously appropriated are 
     hereafter available for the administration of all open grants 
     until their expiration.

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the USPTO, 
     $2,706,313,000 to remain available until expended:  Provided, 
     That the sum herein appropriated from the general fund shall 
     be reduced as offsetting collections assessed and collected 
     pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are 
     received during fiscal year 2012, so as to result in a fiscal 
     year 2012 appropriation from the general fund estimated at 
     $0:  Provided further, That during fiscal year 2012, should 
     the total amount of offsetting fee collections and the 
     surcharge provided herein be less than $2,706,313,000 this 
     amount shall be reduced accordingly:  Provided further, That 
     any amount received in excess of $2,706,313,000 in fiscal 
     year 2012 and deposited in the Patent and Trademark Fee 
     Reserve Fund shall remain available until expended:  Provided 
     further, That the Director of the Patent and Trademark Office 
     shall submit a spending plan to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for any amounts made available by the preceding proviso and 
     such spending plan 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:  Provided further, That 
     from amounts provided herein, not to exceed $750 shall be 
     made available in fiscal year 2012 for official reception and 
     representation expenses:  Provided further, That in fiscal 
     year 2012 from the amounts made available for ``Salaries and 
     Expenses'' for the USPTO, the amounts necessary to pay: (1) 
     the difference between the percentage of basic pay 
     contributed by the USPTO and employees under section 8334(a) 
     of title 5, United States Code, and the normal cost 
     percentage (as defined by section 8331(17) of that title) as 
     provided by the Office of Personnel Management (OPM) for 
     USPTO's specific use, of basic pay, of employees subject to 
     subchapter III of chapter 83 of that title; and (2) the 
     present value of the otherwise unfunded accruing costs, as 
     determined by OPM for USPTO's specific use of post-retirement 
     life insurance and post-retirement health benefits coverage 
     for all USPTO employees who are enrolled in Federal Employees 
     Health Benefits (FEHB) and Federal Employees Group Life 
     Insurance (FEGLI), shall be transferred to the Civil Service 
     Retirement and Disability Fund, the Employees Life Insurance 
     Fund, and the Employees Health Benefits Fund, as appropriate, 
     and shall be available for the authorized purposes of those 
     accounts:  Provided further, That any differences between the 
     present value factors published in OPM's yearly 300 series 
     benefit letters and the factors that OPM provides for PTO's 
     specific use shall be recognized as an imputed cost on PTO's 
     financial statements, where applicable:  Provided further, 
     That sections 801, 802, and 803 of division B, Public Law 
     108-447 shall remain in effect during fiscal year 2012:  
     Provided further, That the Director may, this year, reduce by 
     regulation fees payable for documents in patent and trademark 
     matters, in connection with the filing of documents filed 
     electronically in a form prescribed by the Director:  
     Provided further, That there shall be a surcharge of 15 
     percent, as provided for by section 11(i) of the Leahy-Smith 
     America Invents Act:  Provided further, That hereafter the 
     Director shall reduce fees for providing prioritized 
     examination of utility and plant patent applications by 50 
     percent for small entities that qualify for reduced fees 
     under 35 U.S.C. 41(h)(1), so long as the fees of the 
     prioritized examination program are set to recover the 
     estimated cost of the program:  Provided further, That the 
     receipts collected as a result of these surcharges shall be 
     available within the amounts provided herein to the United 
     States Patent and Trademark Office without fiscal year 
     limitation, for all authorized activities and operations of 
     the Office:  Provided further, That within the amounts 
     appropriated, $1,000,000 shall be transferred to the Office 
     of Inspector General for activities associated with carrying 
     out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $500,000,000, to remain available 
     until expended, of which not to exceed $9,000,000 may be 
     transferred to the ``Working Capital Fund'':  Provided, That 
     not to exceed $5,000 shall be for official reception and 
     representation expenses.

                     industrial technology services

       For necessary expenses of the Industrial Technology 
     Services, $120,000,000 to remain available until expended:  
     Provided, That of the amounts appropriated herein, 
     $120,000,000 shall be for the Hollings Manufacturing 
     Extension Partnership.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $60,000,000, to remain 
     available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,134,327,000, to remain available until 
     September 30, 2013, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2014:  Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302:  Provided further, That in addition, 
     $109,098,000 shall be derived by transfer from the fund 
     entitled ``Promote and Develop Fishery Products and Research 
     Pertaining to American Fisheries'':  Provided further, That 
     of the $3,250,425,000 provided for in direct obligations 
     under this heading $3,134,327,000 is appropriated from the 
     general fund, and $109,098,000 is provided by transfer and 
     $7,000,000 is derived from recoveries of prior year 
     obligations:  Provided further, That payments of funds made 
     available under this heading to the Department of Commerce 
     Working Capital Fund including Department of Commerce General 
     Counsel legal services shall not exceed $41,105,000:  
     Provided further, That the total amount available for the 
     National Oceanic and Atmospheric Administration corporate 
     services administrative support costs shall not exceed 
     $219,291,000:  Provided further, That any deviation from the 
     amounts designated for specific activities in the explanatory 
     statement accompanying this Act, or any use of deobligated 
     balances of funds provided under this heading in previous 
     years, shall be subject to the procedures set forth in 
     section 505 of this Act:  Provided further, That in 
     allocating grants under sections 306 and 306A of the Coastal 
     Zone Management Act of 1972, as amended, no coastal State 
     shall receive more than 5 percent or less than 1 percent of 
     increased funds appropriated over the previous fiscal year.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. 55), such sums as may be necessary.

               procurement, acquisition and construction

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration (NOAA), 
     $1,833,594,000, to remain available until September 30, 2014, 
     except funds provided for construction of facilities which 
     shall remain available until expended:  Provided, That of the 
     $1,841,594,000 provided for in direct obligations under this 
     heading, $1,833,594,000 is appropriated from the general fund 
     and $8,000,000 is provided from recoveries of prior year 
     obligations:  Provided further, That any deviation from the 
     amounts designated for specific activities in the explanatory 
     statement accompanying this Act, or any use of deobligated 
     balances of funds provided under this heading in previous 
     years, shall be subject to the procedures set forth in 
     section 505 of this Act:  Provided further, That the 
     Secretary of Commerce shall include in budget justification 
     materials that the Secretary submits to Congress in

[[Page S6885]]

     support of the Department of Commerce budget (as submitted 
     with the budget of the President under section 1105(a) of 
     title 31, United States Code) an estimate for each NOAA 
     Procurement, Acquisition or Construction project having a 
     total of more than $5,000,000 and simultaneously the budget 
     justification shall include an estimate of the budgetary 
     requirements for each such project for each of the 5 
     subsequent fiscal years.

                  pacific coastal salmon recovery fund

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $65,000,000, to remain available 
     until September 30, 2013:  Provided, That of the funds 
     provided herein the Secretary of Commerce may issue grants to 
     the States of Washington, Oregon, Idaho, Nevada, California, 
     and Alaska, and Federally recognized tribes of the Columbia 
     River and Pacific Coast (including Alaska) for projects 
     necessary for conservation of salmon and steelhead 
     populations, for restoration of populations that are listed 
     as threatened or endangered, or identified by a State as at-
     risk to be so-listed, for maintaining populations necessary 
     for exercise of tribal treaty fishing rights or native 
     subsistence fishing, or for conservation of Pacific coastal 
     salmon and steelhead habitat, based on guidelines to be 
     developed by the Secretary of Commerce:  Provided further, 
     That all funds shall be allocated based on scientific and 
     other merit principles and shall not be available for 
     marketing activities:  Provided further, That funds disbursed 
     to States shall be subject to a matching requirement of funds 
     or documented in-kind contributions of at least 33 percent of 
     the Federal funds.

                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $350,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.

                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2012, obligations of direct loans 
     may not exceed $24,000,000 for Individual Fishing Quota loans 
     and not to exceed $59,000,000 for traditional direct loans as 
     authorized by the Merchant Marine Act of 1936:  Provided, 
     That none of the funds made available under this heading may 
     be used for direct loans for any new fishing vessel that will 
     increase the harvesting capacity in any United States 
     fishery.

                        Departmental Management

                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official reception and representation, 
     $46,726,000.

                      renovation and modernization

       For expenses necessary, including blast windows, for the 
     renovation and modernization of Department of Commerce 
     facilities, $5,000,000, to remain available until expended.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.) (as amended), $26,946,000.

               General Provisions--Department of Commerce

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce 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:  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 or expenditure except 
     in compliance with the procedures set forth in that section:  
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce:  Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property 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. 105.  The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.
       Sec. 106.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, DC, or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 107.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 108.  The administration of the National Oceanic and 
     Atmospheric Administration is authorized to use, with their 
     consent, with reimbursement and subject to the limits of 
     available appropriations, the land, services, equipment, 
     personnel, and facilities of any department, agency or 
     instrumentality of the United States, or of any State, local 
     government, Indian tribal government, Territory or 
     possession, or of any political subdivision thereof, or of 
     any foreign government or international organization for 
     purposes related to carrying out the responsibilities of any 
     statute administered by the National Oceanic and Atmospheric 
     Administration.
       Sec. 109.  All balances in the Coastal Zone Management 
     Fund, whether unobligated or unavailable, are hereby 
     permanently cancelled, and notwithstanding section 308(b) of 
     the Coastal Zone Management Act of 1972, as amended (16 
     U.S.C. 1456a), any future payments to the Fund made pursuant 
     to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of 
     the Coastal Zone Management Act of 1972, as amended, shall, 
     in this fiscal year and any future fiscal years, be treated 
     in accordance with the Federal Credit Reform Act of 1990, as 
     amended.
       Sec. 110.  There is established in the Treasury a non-
     interest bearing fund to be known as the ``Fisheries 
     Enforcement Asset Forfeiture Fund'', which shall consist of 
     all sums received as fines, penalties, and forfeitures of 
     property for violations of any provisions of 16 U.S.C. 
     chapter 38 or of any other marine resource law enforced by 
     the Secretary of Commerce, including the Lacey Act Amendments 
     of 1981 (16 U.S.C. 3371 et seq.) and with the exception of 
     collections pursuant to 16 U.S.C. 1437, which are currently 
     deposited in the Operations, Research, and Facilities 
     account:  Provided, That all unobligated balances that have 
     been collected pursuant to 16 U.S.C. 1861 or any other marine 
     resource law enforced by the Secretary of Commerce with the 
     exception of 16 U.S.C. 1437 shall be transferred from the 
     Operations, Research, and Facilities account into the 
     Fisheries Enforcement Asset Forfeiture Fund and shall remain 
     available until expended.
       Sec. 111.  There is established in the Treasury a non-
     interest bearing fund to be known as the ``Sanctuaries 
     Enforcement Asset Forfeiture Fund'', which shall consist of 
     all sums received as fines, penalties, and forfeitures of 
     property for violations of any provisions of 16 U.S.C. 
     chapter 38, which are currently deposited in the Operations, 
     Research, and Facilities account:  Provided, That all 
     unobligated balances that have been collected pursuant to 16 
     U.S.C. 1437 shall be transferred from the Operations, 
     Research, and Facilities account into the Sanctuaries 
     Enforcement Asset Forfeiture Fund and shall remain available 
     until expended.
       Sec. 112.  Notwithstanding any other provision of law, the 
     National Oceanic and Atmospheric Administration is authorized 
     to receive and expend funds made available by any Federal 
     agency, State or subdivision thereof, public or private 
     organization, or individual to carry out any statute 
     administered by the National Oceanic and Atmospheric 
     Administration:  Provided, 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.

[[Page S6886]]

       Sec. 113. (a) The Secretary of State shall ensure 
     participation in the Commission for the Conservation and 
     Management of Highly Migratory Fish Stocks in the Western and 
     Central Pacific Ocean (``Commission'') and its subsidiary 
     bodies by American Samoa, Guam, and the Northern Mariana 
     Islands (collectively, the U.S. Participating Territories) to 
     the same extent provided to the territories of other nations.
       (b) The U.S. Participating Territories are each authorized 
     to use, assign, allocate, and manage catch limits of highly 
     migratory fish stocks, or fishing effort limits, agreed to by 
     the Commission for the participating territories of the 
     Convention for the Conservation and Management of Highly 
     Migratory Fish Stocks in the Western and Central Pacific 
     Ocean, through arrangements with U.S. vessels with permits 
     issued under the Pelagics Fishery Management Plan of the 
     Western Pacific Region. Vessels under such arrangements are 
     integral to the domestic fisheries of the U.S. Participating 
     Territories provided that such arrangements shall impose no 
     requirements regarding where such vessels must fish or land 
     their catch and shall be funded by deposits to the Western 
     Pacific Sustainable Fisheries Fund in support of fisheries 
     development projects identified in a Territory's Marine 
     Conservation Plan and adopted pursuant to section 204 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1824). The Secretary of Commerce shall attribute 
     catches made by vessels operating under such arrangements to 
     the U.S. Participating Territories for the purposes of annual 
     reporting to the Commission.
       (c) The Western Pacific Regional Fisheries Management 
     Council--
       (1) is authorized to accept and deposit into the Western 
     Pacific Sustainable Fisheries Fund funding for arrangements 
     pursuant to subsection (b);
       (2) shall use amounts deposited under paragraph (1) that 
     are attributable to a particular U.S. Participating Territory 
     only for implementation of that Territory's Marine 
     Conservation Plan adopted pursuant to section 204 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1824); and
       (3) shall recommend an amendment to the Pelagics Fishery 
     Management Plan for the Western Pacific Region, and 
     associated regulations, to implement this section.
       (d) Subsection (b) shall remain in effect until such time 
     as--
       (1) the Western Pacific Regional Fishery Management Council 
     recommends an amendment to the Pelagics Fishery Management 
     Plan for the Western Pacific Region, and implementing 
     regulations, to the Secretary of Commerce that authorize use, 
     assignment, allocation, and management of catch limits of 
     highly migratory fish stocks, or fishing effort limits, 
     established by the Commission and applicable to U.S. 
     Participating Territories;
       (2) the Secretary of Commerce approves the amendment as 
     recommended; and
       (3) such implementing regulations become effective.
       This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2012''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $115,886,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended:  
     Provided, That the Attorney General is authorized to transfer 
     funds appropriated within General Administration to any 
     office in this account:  Provided further, That $18,903,000 
     is for Department Leadership; $8,311,000 is for 
     Intergovernmental Relations/External Affairs; $12,925,000 is 
     for Executive Support/Professional Responsibility; and 
     $75,747,000 is for the Justice Management Division:  Provided 
     further, That any change in amounts specified in the 
     preceding proviso greater than 5 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations consistent with the terms of section 505 of 
     this Act:  Provided further, That this transfer authority is 
     in addition to transfers authorized under section 505 of this 
     Act.

                   national drug intelligence center

       For necessary expenses of the National Drug Intelligence 
     Center, including reimbursement of Air Force personnel for 
     the National Drug Intelligence Center to support the 
     Department of Defense's counter-drug intelligence 
     responsibilities, $20,000,000:  Provided, That the National 
     Drug Intelligence Center shall maintain the personnel and 
     technical resources to provide timely support to law 
     enforcement authorities and the intelligence community by 
     conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counterterrorism, and 
     national security investigations and operations.

                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $47,000,000, to remain available until expended.

            tactical law enforcement wireless communications

       For the costs of developing and implementing a nationwide 
     Integrated Wireless Network supporting Federal law 
     enforcement communications, and for the costs of operations 
     and maintenance of existing Land Mobile Radio legacy systems, 
     $87,000,000, to remain available until expended:  Provided, 
     That the Attorney General shall transfer to this account all 
     funds made available to the Department of Justice for the 
     purchase of portable and mobile radios:  Provided further, 
     That any transfer made under the preceding proviso shall be 
     subject to section 505 of this Act.

                   administrative review and appeals

                     (including transfer of funds)

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $294,082,000, of which $4,000,000 shall be derived by 
     transfer from the Executive Office for Immigration Review 
     fees deposited in the ``Immigration Examinations Fee'' 
     account.

                           detention trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,563,453,000, to remain available until expended:  
     Provided, That the Trustee shall be responsible for managing 
     the Justice Prisoner and Alien Transportation System:  
     Provided further, That not to exceed $20,000,000 shall be 
     considered ``funds appropriated for State and local law 
     enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $84,199,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,577,000.

                            Legal Activities

            salaries and expenses, general legal activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $846,099,000, of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended:  Provided, That of the total amount appropriated, 
     not to exceed $7,500 shall be available to INTERPOL 
     Washington for official reception and representation 
     expenses:  Provided further, That notwithstanding section 205 
     of this Act, upon a determination by the Attorney General 
     that emergent circumstances require additional funding for 
     litigation activities of the Civil Division, the Attorney 
     General may transfer such amounts to ``Salaries and Expenses, 
     General Legal Activities'' 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:  Provided further, That of the amount appropriated, 
     such sums as may be necessary shall be available to reimburse 
     the Office of Personnel Management for salaries and expenses 
     associated with the election monitoring program under section 
     8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f):  
     Provided further, That of the amounts provided under this 
     heading for the election monitoring program $3,390,000, shall 
     remain available until expended.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $7,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $159,587,000, to remain available until 
     expended:  Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $108,000,000 in fiscal year 2012), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2012, so as to result in a 
     final fiscal year 2012 appropriation from the general fund 
     estimated at $51,587,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,891,532,000:  Provided, That of the total 
     amount appropriated, not to exceed $6,000 shall be available 
     for official reception and representation expenses:  Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended:  Provided further, That of the 
     amount provided under this heading, not less than $43,184,000 
     shall be used for salaries and expenses for assistant

[[Page S6887]]

     U.S. Attorneys to carry out section 704 of the Adam Walsh 
     Child Protection and Safety Act of 2006 (Public Law 109-248) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $234,115,000, to remain available 
     until expended and to be derived from the United States 
     Trustee System Fund:  Provided, That notwithstanding any 
     other provision of law, deposits to the Fund shall be 
     available in such amounts as may be necessary to pay refunds 
     due depositors:  Provided further, That, notwithstanding any 
     other provision of law, $234,115,000 of offsetting 
     collections pursuant to 28 U.S.C. 589a(b) shall be retained 
     and used for necessary expenses in this appropriation and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated from the Fund shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2012, so as to result in a final fiscal year 2012 
     appropriation from the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $2,071,000.

                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $270,000,000, to remain 
     available until expended:  Provided, That not to exceed 
     $10,000,000 may be made available for construction of 
     buildings for protected witness safesites:  Provided further, 
     That not to exceed $3,000,000 may be made available for the 
     purchase and maintenance of armored and other vehicles for 
     witness security caravans:  Provided further, That not to 
     exceed $11,000,000 may be made available for the purchase, 
     installation, maintenance, and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.

           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     $11,227,000:  Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     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 preceding 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.

                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
     (G), $20,990,000, to be derived from the Department of 
     Justice Assets Forfeiture Fund.

                     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.
                                 ______
                                 
  SA 913. Mr. CASEY (for himself, Mr. Blumenthal, and Ms. Klobuchar) 
submitted an amendment intended to be proposed to amendment SA 738 
proposed by Mr. Inouye to the bill H.R. 2112, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2012, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title VII of division A, insert 
     the following:
       Sec. __.  An additional $10,000,000 shall be appropriated 
     for the Office of the Commissioner of the Food and Drug 
     Administration to enable such Office to remedy the current 
     drug shortage crisis and to prevent future shortages, 
     including through the creation of information systems for 
     tracking drug shortages and actions taken by the Food and 
     Drug Administration to address such shortages, enhanced 
     communication with manufacturers to establish continuity of 
     operation plans, development of evidenced-based criteria for 
     identifying medically necessary drugs that may be vulnerable 
     to a shortage, and enhanced communication with heath care 
     providers about current shortages and their estimated 
     duration.
                                 ______
                                 
  SA 914. 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.  Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Commerce shall submit 
     to Congress a report on the extent to which negotiations 
     through the United States-China Joint Commission on Commerce 
     and Trade have, since the establishment of the Commission, 
     resulted in specific achievements with respect to increasing 
     the access of United States exporters to the market of the 
     People's Republic of China and creating jobs in the United 
     States.
                                 ______
                                 
  SA 915. Mr. DURBIN 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 388, between lines 14 and 15, insert the following:
       Sec. 419.  None of the funds appropriated or otherwise made 
     available by this division may be obligated or expended to 
     grant an exemption under section 47134(b)(2) of title 49, 
     United States Code, to the obligation of an airport sponsor 
     that intends to sell or lease an airport to a person other 
     than a public entity to repay the Federal Government for 
     grants and property received by the airport.
                                 ______
                                 
  SA 916. Mr. DURBIN 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 286, between lines 6 and 7, insert the following:

     SEC. 1__. PROTECTING TAXPAYERS IN TRANSPORTATION ASSET 
                   TRANSFERS.

       (a) Limitation on Use of Funds.--None of the funds made 
     available to the Department of Transportation by this Act 
     shall be used to promote, finalize, or approve a concession 
     agreement or sale of any public transportation asset unless 
     the State or local government entering into the concession 
     agreement or sale pays to the Secretary an amount determined 
     by the Secretary in accordance with subsection (b).
       (b) Determination of Repayment Amount.--The Secretary shall 
     determine the amount required to be paid for purposes of 
     subsection (a) by taking into account, at a minimum--
       (1) the total amount of Federal funds that have been 
     expended to construct, maintain, or upgrade the public 
     transportation asset;
       (2) the amount of Federal funding received by a State or 
     local government based on inclusion of the public 
     transportation asset in calculations using Federal funding 
     formulas or for Federal block grants;
       (3) the reasonable depreciation of the public 
     transportation asset, including the amount of Federal funds 
     described in paragraph (1) that may be offset by that 
     depreciation; and
       (4) the loss of Federal tax revenue from bonds relating to, 
     and the tax consequences of depreciation of, the public 
     transportation asset.
       (c) Definitions.--In this section:
       (1) Concession agreement.--
       (A) In general.--The term ``concession agreement'' means an 
     agreement entered into by a private individual or entity and 
     a State or local government with jurisdiction over a public 
     transportation asset to convey to the private individual or 
     entity the right to manage, operate, and maintain the public 
     transportation asset for a specific period of time in 
     exchange for the authorization to impose and collect a toll 
     or other user fee from a person for each use of the public 
     transportation asset during that period.
       (B) Exclusion.--The term ``concession agreement'' does not 
     include an agreement entered into by a State or local 
     government and a private individual or entity for the 
     construction of any new public transportation asset.
       (2) Public transportation asset.--

[[Page S6888]]

       (A) In general.--The term ``public transportation asset'' 
     means a transportation facility of any kind that was or is 
     constructed, maintained, or upgraded before, on, or after the 
     date of enactment of this Act using Federal funds--
       (i)(I) the fair market value of which is more than 
     $500,000,000, as determined by the Secretary; and
       (II) that has received any Federal funding, as of the date 
     on which the determination is made;
       (ii) the fair market value of which is less than or equal 
     to $500,000,000, as determined by the Secretary; and
       (I) that has received $25,000,000 or more in Federal 
     funding, as of the date on which the determination is made; 
     or
       (iii) in which a significant national pubic interest (such 
     as interstate commerce, homeland security, public health, or 
     the environment) is at stake, as determined by the Secretary.
       (B) Inclusions.--The term ``public transportation asset'' 
     includes a transportation facility described in subparagraph 
     (A) that is--
       (i) a Federal-aid highway (as defined in section 101 of 
     title 23, United States Code);
       (ii) a highway or mass transit project constructed using 
     amounts made available from the Highway Account or Mass 
     Transit Account, respectively, of the Highway Trust Fund;
       (iii) an air navigation facility (as defined in section 
     40102(a) of title 49, United States Code); or
       (iv) a train station or multimodal station that receives a 
     Federal grant, including any grant authorized under the 
     Passenger Rail Investment and Improvement Act of 2008 (Public 
     Law 110-432; 122 Stat. 4907) or an amendment made by that 
     Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
                                 ______
                                 
  SA 917. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 857 proposed by Mr. Menendez (for himself, Mr. Isakson, 
and Mrs. Feinstein) 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; as follows:

       On page 5, strike line 14 and insert the following:
     2011'' and inserting ``December 31, 2013''.

     SEC. __. REESTABLISHMENT OF MAXIMUM AGGREGATE AMOUNT 
                   PERMITTED TO BE PROVIDED BY THE TAXPAYERS TO 
                   FANNIE MAE AND FREDDIE MAC.

       (a) Maximum Aggregate Amount of Commitment.--No funds may 
     be provided by the Department of the Treasury or any other 
     agency or entity of the Federal Government to the Federal 
     National Mortgage Association or the Federal Home Loan 
     Mortgage Corporation, as part of the Amended and Restated 
     Senior Preferred Stock Purchase Agreement, dated September 
     26, 2008, amended May 6, 2009, and further amended December 
     24, 2009 (as such agreement may be further amended), between 
     the Department of the Treasury and the Federal National 
     Mortgage Association or the Federal Home Loan Mortgage 
     Corporation, as applicable, under any other agreement between 
     the Federal National Mortgage Association or the Federal Home 
     Loan Mortgage Corporation and the Department of the Treasury, 
     or otherwise, that exceed a maximum aggregate amount of 
     $200,000,000,000.
       (b) Payments to Treasury.--Any dividend or interest payment 
     made by the Federal National Mortgage Association or the 
     Federal Home Loan Mortgage Corporation to the Department of 
     the Treasury pursuant to any applicable contract, agreement, 
     or provision of law shall not be included in the calculation 
     of the aggregate amount of a commitment under subsection (a).
       (c) Enforcement.--The Director of the Federal Housing 
     Finance Agency shall take such actions as the Administrator 
     determines are necessary to prevent the Federal National 
     Mortgage Association and the Federal Home Loan Mortgage 
     Corporation from requesting or receiving any funds that 
     exceed the limit provided in subsection (a).
       (d) Definitions.--For purposes of this section, the terms 
     ``deficiency amount'' and ``surplus amount'' have the 
     meanings provided such terms in the applicable Senior 
     Preferred Stock Purchase Agreement described in subsection 
     (a), as amended through December 24, 2009.
                                 ______
                                 
  SA 918. Mr. INOUYE proposed an amendment 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:

       Beginning on page 197, strike line 9 and all that follows 
     through page 209, line 2, and insert the following:
       Sec. 541.  The amount appropriated or otherwise made 
     available by title IV under the heading ``Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese Descent'' is hereby reduced by $1,700,000.

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