[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[Senate]
[Pages 15715-15722]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 739. 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:

       At the appropriate place in division C, insert the 
     following:
       Sec. __.  None of the amounts made available under this 
     division may be used for--
       (1) scenic or historic highway programs, including tourist 
     and welcome centers;
       (2) landscaping or scenic beautification;
       (3) historic preservation;
       (4) rehabilitation or operation of historic transportation 
     buildings, structures, or facilities;
       (5) control or removal of outdoor advertising;
       (6) archaeological planning or research; or
       (7) the establishment of transportation museums.
                                 ______
                                 
  SA 740. 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:

       In the matter under the heading ``economic development 
     assistance programs'' under the heading ``Economic 
     Development Administration'' in title I of division B, strike 
     ``, for trade adjustment assistance, and for grants 
     authorized by section 27 of the Stevenson-Wydler Technology 
     Innovation Act of

[[Page 15716]]

     1980 (15 U.S.C. 3701 et seq.), as added by section 603 of the 
     America COMPETES Reauthorization Act of 2010 (Public Law 111-
     358), $220,000,000'' and insert ``and for grants authorized 
     by section 27 of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3701 et seq.), as added by section 603 
     of the America COMPETES Reauthorization Act of 2010 (Public 
     Law 111-358), $204,200,000''.
                                 ______
                                 
  SA 741. 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 83, between lines 20 and 21, insert the following:
       Sec. __.  None of the funds made available by this Act 
     shall be used to construct, fund, install, or operate an 
     ethanol blender pump or an ethanol storage facility, 
     including--
       (1) funds in any trust fund to which funds are made 
     available by Federal law; and
       (2) any funds made available under the Rural Energy for 
     America Program established under section 9007 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8107).
                                 ______
                                 
  SA 742. 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 319, lines 9 through 14, strike ``That of the total 
     amount provided under this heading, $17,000,000 shall be made 
     available to the Self-Help and Assisted Homeownership 
     Opportunity Program as authorized under section 11 of the 
     Housing Opportunity Program Extension Act of 1996, as 
     amended: Provided further,''.
                                 ______
                                 
  SA 743. 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:

       After section 217, insert the following:
       Sec. 218.  Notwithstanding any other provision of this 
     title, no funds appropriated or otherwise made available by 
     this title may be used for an Edward Byrne Memorial criminal 
     justice innovation program and the total amount appropriated 
     under the heading ``state and local law enforcement 
     assistance (including transfer of funds)'' under the heading 
     ``Office of Justice Programs'' under this title shall be 
     reduced by $20,000,000.
                                 ______
                                 
  SA 744. 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 98, line 17, strike ``Nevada,''.
                                 ______
                                 
  SA 745. 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:

       At the appropriate place, insert the following:
       Sec. __.  None of the amounts made available under this Act 
     may be used to provide payments to the Brazil Cotton 
     Institute or to pay the salaries or other expenses of 
     personnel to process such payments.
                                 ______
                                 
  SA 746. 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:

       In title VII of division A, strike section 729.
                                 ______
                                 
  SA 747. 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:

       In title VII of division A, strike section 722.
                                 ______
                                 
  SA 748. 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:

       In the matter under the heading ``salaries and expenses'' 
     under the heading ``Animal and Plant Health Inspection 
     Service'' of title I of division A, strike ``of which 
     $891,000 shall be for activities under the authority of the 
     Horse Protection Act of 1970, as amended (15 U.S.C. 1831);''.
                                 ______
                                 
  SA 749. 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:

       At the end of title VII of division A, add the following:
       Sec. 7__.  None of the funds made available by this Act may 
     be used to carry out section 11016 of the Food, Conservation, 
     and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2130), 
     including the amendments made by that section.
                                 ______
                                 
  SA 750. Mr. REID (for Mr. Webb) proposed an amendment to amendment SA 
738 proposed by Mr. Inouye to the bill H.R. 2112, making appropriations 
for Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2012, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Short Title.--This section may be cited as 
     the ``National Criminal Justice Commission Act of 2011''.
       (b) Establishment of Commission.--There is established a 
     commission to be known as the ``National Criminal Justice 
     Commission'' (referred to in this section as the 
     ``Commission'').
       (c) Purpose of the Commission.--The Commission shall 
     undertake a comprehensive review of the criminal justice 
     system, encompassing current Federal, State, local, and 
     tribal criminal justice policies and practices, and make 
     reform recommendations for the President, Congress, State, 
     local, and tribal governments.
       (d) Review and Recommendations.--
       (1) General review.--The Commission shall undertake a 
     comprehensive review of all areas of the criminal justice 
     system, including Federal, State, local, and tribal 
     governments' criminal justice costs, practices, and policies.
       (2) Findings and recommendations.--After conducting a 
     review of the United States criminal justice system as 
     required by paragraph (1), the Commission shall make findings 
     regarding such review and recommendations for changes in 
     oversight, policies, practices, and laws designed to prevent, 
     deter, and reduce crime and violence, reduce recidivism, 
     improve cost-effectiveness, and ensure the interests of 
     justice at every step of the criminal justice system.
       (3) Prior commissions.--The Commission shall take into 
     consideration the work of prior relevant commissions in 
     conducting its review.
       (4) State and local government.--In making its 
     recommendations, the Commission should consider the financial 
     and human resources of State and local governments. 
     Recommendations shall not infringe on the legitimate rights 
     of the States to determine their own criminal laws or the 
     enforcement of such laws.
       (5) Public hearings.--The Commission shall conduct public 
     hearings in various locations around the United States.
       (6) Consultation with government and nongovernment 
     representatives.--
       (A) In general.--The Commission shall--
       (i) closely consult with Federal, State, local, and tribal 
     government and nongovernmental leaders, including State, 
     local, and tribal law enforcement officials, legislators, 
     public health officials, judges, court administrators, 
     prosecutors, defense counsel, victims' rights organizations, 
     probation and parole officials, criminal justice planners, 
     criminologists, civil rights and liberties organizations, 
     formerly incarcerated individuals, professional 
     organizations, and corrections officials; and
       (ii) include in the final report required by paragraph (7) 
     summaries of the input and recommendations of these leaders.
       (B) United states sentencing commission.--To the extent the 
     review and recommendations required by this subsection

[[Page 15717]]

     relate to sentencing policies and practices for the Federal 
     criminal justice system, the Commission shall conduct such 
     review and make such recommendations in consultation with the 
     United States Sentencing Commission.
       (7) Report.--
       (A) Report.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall prepare and 
     submit a final report that contains a detailed statement of 
     findings, conclusions, and recommendations of the Commission 
     to Congress, the President, State, local, and tribal 
     governments.
       (B) Goal of unanimity.--It is the sense of the Congress 
     that, given the national importance of the matters before the 
     Commission, the Commission should work toward unanimously 
     supported findings and recommendations.
       (C) Public availability.--The report submitted under this 
     paragraph shall be made available to the public.
       (D) Votes on recommendations in report.--Consistent with 
     subparagraph (B), the Commission shall state the vote total 
     for each recommendation contained in its report to Congress.
       (e) Membership.--
       (1) In general.--The Commission shall be composed of 14 
     members, as follows:
       (A) One member shall be appointed by the President, who 
     shall serve as co-chairman of the Commission.
       (B) One member shall be appointed by the leader of the 
     Senate (majority or minority leader, as the case may be) of 
     the Republican Party, in consultation with the leader of the 
     House of Representatives (majority or minority leader, as the 
     case may be) of the Republican Party, who shall serve as co-
     chairman of the Commission.
       (C) Two members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party, in 
     consultation with the Democratic leadership of the Committee 
     on the Judiciary.
       (D) Two members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party, in 
     consultation with the Republican leadership of the Committee 
     on the Judiciary.
       (E) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party, in consultation with the Republican 
     leadership of the Committee on the Judiciary.
       (F) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party, in consultation with the Democratic 
     leadership of the Committee on the Judiciary.
       (G) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Republican Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Republican Party.
       (H) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Democratic Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Democratic Party.
       (2) Membership.--
       (A) Qualifications.--The individuals appointed from private 
     life as members of the Commission shall be individuals with 
     distinguished reputations for integrity and nonpartisanship 
     who are nationally recognized for expertise, knowledge, or 
     experience in such relevant areas as--
       (i) law enforcement;
       (ii) criminal justice;
       (iii) national security;
       (iv) prison and jail administration;
       (v) prisoner reentry;
       (vi) public health, including physical and sexual 
     victimization, drug addiction and mental health;
       (vii) victims' rights;
       (viii) civil liberties;
       (ix) court administration;
       (x) social services; and
       (xi) State, local, and tribal government.
       (B) Disqualification.--An individual shall not be appointed 
     as a member of the Commission if such individual possesses 
     any personal financial interest in the discharge of any of 
     the duties of the Commission.
       (C) Terms.--Members shall be appointed for the life of the 
     Commission.
       (3) Appointment; first meeting.--
       (A) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this section.
       (B) First meeting.--The Commission shall hold its first 
     meeting on the date that is 60 days after the date of 
     enactment of this section, or not later than 30 days after 
     the date on which funds are made available for the 
     Commission, whichever is later.
       (C) Ethics.--At the first meeting of the Commission, the 
     Commission shall draft appropriate ethics guidelines for 
     commissioners and staff, including guidelines relating to 
     conflict of interest and financial disclosure. The Commission 
     shall consult with the Senate and House Committees on the 
     Judiciary as a part of drafting the guidelines and furnish 
     the Committees with a copy of the completed guidelines.
       (4) Meetings; quorum; vacancies.--
       (A) Meetings.--The Commission shall meet at the call of the 
     co-chairs or a majority of its members.
       (B) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (C) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made. If vacancies in the 
     Commission occur on any day after 45 days after the date of 
     the enactment of this section, a quorum shall consist of a 
     majority of the members of the Commission as of such day, so 
     long as at least 1 Commission member chosen by a member of 
     each party, Republican and Democratic, is present.
       (5) Actions of commission.--
       (A) In general.--The Commission--
       (i) shall act by resolution agreed to by a majority of the 
     members of the Commission voting and present; and
       (ii) may establish panels composed of less than the full 
     membership of the Commission for purposes of carrying out the 
     duties of the Commission under this section--

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

       (B) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the co-chairs of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this section.
       (f) Administration.--
       (1) Staff.--
       (A) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (B) Appointment and compensation.--The co-chairs of the 
     Commission shall designate and fix the compensation of the 
     Executive Director and, in accordance with rules agreed upon 
     by the Commission, may appoint and fix the compensation of 
     such other personnel as may be necessary to enable the 
     Commission to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (C) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (D) The compensation of commissioners.--Each member of the 
     Commission may be compensated at not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which that member is engaged in the actual performance of the 
     duties of the Commission. All members of the Commission who 
     are officers or employees of the United States, State, or 
     local government shall serve without compensation in addition 
     to that received for their services as officers or employees.
       (E) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (2) Experts and consultants.--With the approval of the 
     Commission, the Executive Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       (3) Detail of government employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement, any of the personnel of such agency to 
     the Commission to assist in carrying out the duties of the 
     Commission. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       (4) Other resources.--The Commission shall have reasonable 
     access to materials, resources, statistical data, and other 
     information such Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the 
     Department of Justice, the Office of National Drug Control 
     Policy, the Department of State, and other

[[Page 15718]]

     agencies of the executive and legislative branches of the 
     Federal Government. The co-chairs of the Commission shall 
     make requests for such access in writing when necessary.
       (5) Volunteer services.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Commission 
     is authorized to accept and utilize the services of 
     volunteers serving without compensation. The Commission may 
     reimburse such volunteers for local travel and office 
     supplies, and for other travel expenses, including per diem 
     in lieu of subsistence, as authorized by section 5703 of 
     title 5, United States Code. A person providing volunteer 
     services to the Commission shall be considered an employee of 
     the Federal Government in performance of those services for 
     the purposes of chapter 81 of title 5 of the United States 
     Code, relating to compensation for work-related injuries, 
     chapter 171 of title 28 of the United States Code, relating 
     to tort claims, and chapter 11 of title 18 of the United 
     States Code, relating to conflicts of interest.
       (6) Obtaining official data.--The Commission may secure 
     directly from any agency of the United States information 
     necessary to enable it to carry out this section. Upon the 
     request of the co-chairs of the Commission, the head of that 
     department or agency shall furnish that information to the 
     Commission. The Commission shall not have access to sensitive 
     information regarding ongoing investigations.
       (7) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (8) Administrative reporting.--The Commission shall issue 
     biannual status reports to Congress regarding the use of 
     resources, salaries, and all expenditures of appropriated 
     funds.
       (9) Contracts.--The Commission is authorized to enter into 
     contracts with Federal and State agencies, private firms, 
     institutions, and individuals for the conduct of activities 
     necessary to the discharge of its duties and 
     responsibilities. A contract, lease or other legal agreement 
     entered into by the Commission may not extend beyond the date 
     of the termination of the Commission.
       (10) Gifts.--Subject to existing law, the Commission may 
     accept, use, and dispose of gifts or donations of services or 
     property.
       (11) Administrative assistance.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section. These administrative 
     services may include human resource management, budget, 
     leasing, accounting, and payroll services.
       (12) Nonapplicability of faca and public access to meetings 
     and minutes.--
       (A) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (B) Meetings and minutes.--
       (i) Meetings.--

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

       (ii) Minutes and public availability.--Minutes of each open 
     meeting shall be kept and shall contain a record of the 
     people present, a description of the discussion that 
     occurred, and copies of all statements filed. The minutes and 
     records of all open meetings and other documents that were 
     made available to or prepared for the Commission shall be 
     available for public inspection and copying at a single 
     location in the offices of the Commission.
       (13) Archiving.--Not later than the date of termination of 
     the Commission, all records and papers of the Commission 
     shall be delivered to the Archivist of the United States for 
     deposit in the National Archives.
       (g) Appropriation.--Of amounts provided in this Act for 
     salary and expenses for the Office of Justice Programs, 
     $5,000,000 shall be for the establishment of the commission, 
     until such funds are expended.
       (h) Sunset.--The Commission shall terminate 60 days after 
     it submits its report to Congress.
                                 ______
                                 
  SA 751. 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:

       At the end of title VII in division A, add the following:
       Sec. _.  None of the funds made available by this Act to 
     the Food and Drug Administration may be used to approve any 
     application submitted under section 512 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 360b) for approval of 
     genetically engineered fish.
                                 ______
                                 
  SA 752. Ms. MURKOWSKI 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).
                                 ______
                                 
  SA 753. Ms. AYOTTE 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:

       After section 217 of title II of division B, insert the 
     following:
       Sec. 218. (a) Prohibition on Use of Funds for Prosecution 
     of Enemy Combatants in Article III Courts.--None of the funds 
     appropriated or otherwise made available for the Department 
     of Justice by this Act may be obligated or expended to 
     commence the prosecution in an Article III court of the 
     United States of an individual determined to be--
       (1) a member of, or part of, al-Qaeda or an affiliated 
     entity; and
       (2) a participant in the course of planning or carrying out 
     an attack or attempted attack against the United States or 
     its coalition partners.
       (b) Definitions.--In this section:
       (1) The term ``Article III court of the United States'' 
     means a court of the United States established under Article 
     III of the Constitution of the United States.
       (2) The term ``individual'' does not include a citizen of 
     the United States.
                                 ______
                                 
  SA 754. Ms. AYOTTE 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 248, line 18, insert ``Provided further, That none 
     of the funds made available under this heading may be used to 
     finalize, enforce, or implement the hours-of-service 
     regulations proposed by the Federal Motor Carrier Safety 
     Administration on December 29, 2010:'' after ``transfer:''.
                                 ______
                                 
  SA 755. Mr. KOHL proposed an amendment to amendment SA 738 proposed 
by Mr. Inouye to the bill H.R. 2112, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2012, and for other purposes; as follows:

       At the end of title VII of division A, add the following:
       Sec. 7___.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate a report describing plans to implement reductions to 
     salaries and expenses accounts included in this Act.
                                 ______
                                 
  SA 756. Ms. AYOTTE 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 45, line 21, strike ``$509,295,000'' and insert 
     ``$499,295,000''.
       On page 48, beginning on line 1, strike ``$10,000,000'' and 
     all that follows through ``Account'' on line 10 and insert 
     ``none of the funds made available under this Act may be used 
     to make high energy cost grants under section 19 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 918a)''.
                                 ______
                                 
  SA 757. Ms. COLLINS (for herself, Mr. Udall of Colorado, Mr. Crapo, 
Mr. Risch, Ms. Snowe, Mr. Wyden, Ms. Ayotte, Mr. Johanns, Mr. Nelson of

[[Page 15719]]

Nebraska, Mr. Johnson of Wisconsin, Mr. Hoeven, and Ms. Murkowski) 
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:

       At the end of title VII of division A, add the following:
       Sec. _.  None of the funds made available by this Act may 
     be used to implement an interim final or final rule that--
       (1) sets maximum limits on the frequency of serving fruits 
     and vegetables in school meal programs established under the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.) and by section 4 of the Child Nutrition Act of 1966 
     (42 U.S.C. 1773); or
       (2) limits the options of local school districts in 
     providing fruits and vegetables consistent with the most 
     recent Dietary Guidelines for Americans.
                                 ______
                                 
  SA 758. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 108, between lines 22 and 23, insert the following:
       Sec. 114.  None of the funds made available under this Act 
     may be used for the development or implementation of coastal 
     and marine spatial planning (as defined in section 3 of 
     Executive Order 13547 (33 U.S.C. 857-19 note; relating to 
     stewardship of the ocean, our coasts, and the Great Lakes)).
                                 ______
                                 
  SA 759. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 108, between lines 22 and 23, insert the following:
       Sec. 114.  None of the funds made available under this Act 
     may be used for the development or implementation of the 
     planning described in section 3(b) of Executive Order 13547 
     (33 U.S.C. 857-19 note; relating to stewardship of the ocean, 
     our coasts, and the Great Lakes).
                                 ______
                                 
  SA 760. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 371, after line 7 add the following:
       Sec. 237.  The Federal Housing Administration may not use 
     any funds made available under the heading ``Federal Housing 
     Administration'' under the heading ``DEPARTMENT OF HOUSING 
     AND URBAN DEVELOPMENT'' under this title unless, not later 
     than 60 days after the date of enactment of this Act, the 
     Director of the Federal Housing Administration takes all 
     necessary steps to ensure that the Mutual Mortgage Insurance 
     Fund established under section 205 of the National Housing 
     Act (12 U.S.C. 1711) attains a capital ratio of 2 percent 
     before the end of fiscal year 2012.
                                 ______
                                 
  SA 761. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 153, after line 24, add the following:
       Sec. 218.  None of the amounts made available in this title 
     under the heading ``Community Oriented Policing Services'' 
     may be used in contravention of section 642(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(a)).
                                 ______
                                 
  SA 762. 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. __. NATIONAL RIGHT TO WORK.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f), by striking clause (2) and 
     redesignating clauses (3) and (4) as clauses (2) and (3), 
     respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 763. 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 implement the final rule entitled ``Use of Ozone-
     Depleting Substances; Removal of Essential-Use Designation 
     (Epinephrine)'' (73 Fed. Reg. 69532 (November 19, 2008)).
                                 ______
                                 
  SA 764. 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. 7__.  Section 101(a)(2) of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by 
     striking ``after October 31, 2013'' and inserting ``on the 
     date of enactment of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2012''.
                                 ______
                                 
  SA 765. 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 appropriated or otherwise made 
     available by this title shall be used to pay the salaries and 
     expenses of personnel to enforce the provisions of section 
     3(a)(2) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3372(a)(2)) with respect to a plant taken, possessed, 
     transported, or sold in violation of a foreign law unless the 
     applicable foreign government has initiated proceedings 
     against the company or individual under the foreign law.
                                 ______
                                 
  SA 766. 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. __. LIGHTING ENERGY EFFICIENCY.

       (a) In General.--Subtitle B of title III of the Energy 
     Independence and Security Act of 2007 (Public Law 110-140) is 
     repealed.
       (b) Application.--The Energy Policy and Conservation Act 
     (42 U.S.C. 6201 et seq.) shall be applied and administered as 
     if subtitle B of title III of the Energy Independence and 
     Security Act of 2007 (and the amendments made by that 
     subtitle) had not been enacted.
                                 ______
                                 
  SA 767. 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,

[[Page 15720]]

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

       On page 388, after line 17, add the following:

                      DIVISION D--LOAN GUARANTEES

     SEC. 101. LOAN GUARANTEES.

       Notwithstanding any other provision of this Act, none of 
     the funds made available by this Act (including divisions A, 
     B, and C) or an amendment made by this Act may be used to 
     make a loan guarantee.
                                 ______
                                 
  SA 768. 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 for mifepristone, commonly known as RU-486.
                                 ______
                                 
  SA 769. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  None of the funds made available in this Act for 
     the Food and Drug Administration shall be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))) from 
     importing a prescription drug from Canada that complies with 
     the Federal Food, Drug, and Cosmetic Act.
                                 ______
                                 
  SA 770. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 121, line 17, insert ``or hereafter'' after 
     ``herein''.
       On page 121, line 23, insert ``or hereafter'' after 
     ``herein''.
       On page 122, line 11, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 13, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 17, insert ``, hereafter,'' after 
     ``That''.
       On page 124, line 21, insert ``, hereafter,'' after 
     ``That''.
       On page 179, line 13, strike ``None of'' and insert 
     ``Hereafter, none of''.
       On page 181, line 3, strike ``The Bureau'' and insert ``For 
     fiscal year 2012 and thereafter, the Bureau''.
       On page 184, line 14, insert ``hereafter,'' after 
     ``treaty,''.
       On page 186, line 19, insert ``hereafter,'' after ``law,''.
                                 ______
                                 
  SA 771. Mr. BINGAMAN (for himself and Ms. Stabenow) 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 by striking ``$46,775,000'' and inserting 
     ``$51,251,000''.
       (b) Section 529(c)(2) of this title is amended by striking 
     ``$620,000,000'' and inserting ``$624,476,000''.
                                 ______
                                 
  SA 772. Mrs. MURRAY 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:

       Strike section 128 of division C.
                                 ______
                                 
  SA 773. 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. __. REPEAL OF THE DODD-FRANK WALL STREET REFORM AND 
                   CONSUMER PROTECTION ACT.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203) is repealed, and the provisions of 
     law amended by such Act are revived or restored as if such 
     Act had not been enacted.
                                 ______
                                 
  SA 774. Mr. DeMINT (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill H.R. 2112, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPPOSITION TO FUNDING BY THE INTERNATIONAL MONETARY 
                   FUND FOR THE EUROPEAN FINANCIAL STABILITY 
                   FACILITY.

       The United States Executive Director of the International 
     Monetary Fund shall use the voice and vote of the United 
     States to oppose--
       (1) the use of any funds that include any contributions 
     from the United States to the Fund for the European Financial 
     Stability Facility;
       (2) any additional funding provided by the Fund for any 
     program related to the Facility; and
       (3) any increase in the authority of the Fund that may be 
     used to provide support for the Facility or any such program.
                                 ______
                                 
  SA 775. Mr. CORNYN proposed an amendment 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:

       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 transfer of firearms to agents of drug 
     cartels where law enforcement personnel of the United States 
     do not continuously monitor and control such firearms at all 
     times.
                                 ______
                                 
  SA 776. Mr. VITTER (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 738 proposed by Mr. 
Inouye to the bill H.R. 2112, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. __.  Not later than 3 days after the date of enactment 
     of this Act, the Commissioner of Food and Drugs shall provide 
     a response to the Independent Turtle Farmers of Louisiana 
     regarding the submission to the Food and Drug Administration 
     by such Independent Turtle Farmers of Louisiana dated March 
     31, 2011, relating to the regulation that bans the sale of 
     small turtles.
                                 ______
                                 
  SA 777. Mr. PAUL (for himself and 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 implement the FDA Food Safety Modernization Act 
     (Public Law 111-353) (or any amendment made by such Act).
                                 ______
                                 
  SA 778. Mr. PAUL (for himself and Mr. DeMint) submitted an amendment 
intended to be proposed to amendment SA 738 proposed by Mr. Inouye to 
the bill H.R. 2112, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. _.  None of the funds made available by this Act to 
     the Food and Drug Administration may be used for the purchase 
     of

[[Page 15721]]

     weapons or ammunition to be used in enforcement activities, 
     including raids.
                                 ______
                                 
  SA 779. 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 287, line 8, strike ``$549,499,000'' and insert 
     ``$542,939,000''.
       On page 333, line 9, strike ``$35,940,000'' and insert 
     ``$42,500,000''.
                                 ______
                                 
  SA 780. 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 289, line 8, strike ``$101,076,000'' and insert 
     ``$97,076,000''.
       On page 289, line 11, strike ``$392,796,000'' and insert 
     ``$382,296,000''.
       On page 326, line 18, strike ``$60,000,000'' and insert 
     ``$87,500,000''.
       On page 336, line 1, strike ``$199,035,000'' and insert 
     ``$184,035,000''.
                                 ______
                                 
  SA 781. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 738 proposed by Mr. Inouye to the bill H.R. 2112, 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 83, between lines 20 and 21, insert the following:
       Sec. 7__.  Section 363 of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2006e) is amended in the first 
     sentence by striking ``any loan'' and inserting ``any farmer 
     program loan''.
                                 ______
                                 
  SA 782. Mr. SANDERS submitted an amendment intended to be proposed to 
amendment SA 738 proposed by Mr. Inouye to the bill H.R. 2112, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2012, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 87, line 21, insert ``, of which $1,000,000 shall 
     be used for capitalization or recapitalization, as 
     applicable, of revolving loan funds to support innovative, 
     utility-administered energy efficiency lending to small 
     businesses'' before the period at the end.
                                 ______
                                 
  SA 783. Mr. REID (for Mr. Rockefeller) proposed an amendment to the 
bill S. 275, to amend title 49, United States Code, to provide for 
enhanced safety and environmental protection in pipeline 
transportation, to provide for enhanced reliability in the 
transportation of the Nation's energy products by pipeline, and for 
other purposes; as follows:

       On page 64, after line 18, add the following:

     SEC. 30. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 784. Mr. REID (for Mr. Paul) proposed an amendment to the bill S. 
275, to amend title 49, United States Code, to provide for enhanced 
safety and environmental protection in pipeline transportation, to 
provide for enhanced reliability in the transportation of the Nation's 
energy products by pipeline, and for other purposes; as follows:

       Beginning on page 56, strike line 12 and all that follows 
     through page 64, line 18, and insert the following:
       (1) 9 employees shall be added in fiscal year 2012;
       (2) 10 employees shall be added in fiscal year 2013;
       (3) 10 employees shall be added in fiscal year 2014; and
       (4) 10 employees shall be added in fiscal year 2015.
       (b) Functions.--In increasing the number of employees under 
     subsection (a), the Secretary shall focus on hiring 
     employees--
       (1) to conduct data collection, analysis, and reporting;
       (2) to develop, implement, and update information 
     technology;
       (3) to conduct inspections of pipeline facilities to 
     determine compliance with applicable regulations and 
     standards;
       (4) to provide administrative, legal, and other support for 
     pipeline enforcement activities; and
       (5) to support the overall pipeline safety mission of the 
     Pipeline and Hazardous Materials Safety Administration, 
     including training of pipeline enforcement personnel.

     SEC. 26. MAINTENANCE OF EFFORT.

       Section 60107(b) is amended to read as follows:
       ``(b) Payments.--After notifying and consulting with a 
     State authority, the Secretary may withhold any part of a 
     payment when the Secretary decides that the authority is not 
     carrying out satisfactorily a safety program or not acting 
     satisfactorily as an agent. The Secretary may pay an 
     authority under this section only when the authority ensures 
     the Secretary that it will provide the remaining costs of a 
     safety program and that the total State amount spent for a 
     safety program (excluding grants of the United States 
     Government) will at least equal the average amount spent for 
     gas and hazardous liquid safety programs for fiscal years 
     2004 through 2006, except when the Secretary waives the 
     requirements of this subsection. The Secretary shall grant 
     such a waiver if a State can demonstrate an inability to 
     maintain or increase the required funding share of its 
     pipeline safety program at or above the level required by 
     this subsection due to economic hardship in that State.''.

     SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

       (a) Establishment of Records.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     require pipeline operators to conduct a verification of 
     records for all interstate and intrastate gas transmission 
     lines in class 3 and class 4 locations and class 1 and class 
     2 high consequence areas that accurately reflect the 
     pipeline's physical and operational characteristics and 
     confirm the established maximum allowable operating pressure 
     of those pipelines.
       (2) Elements.--Verification of each record under paragraph 
     (1) shall include such elements as the Secretary considers 
     appropriate.
       (b) Reporting.--
       (1) Documentation of certain pipelines.--Not later than 18 
     months after the date of enactment of this Act, pipeline 
     operators shall submit to the Secretary documentation of all 
     interstate and intrastate gas transmission pipelines in class 
     3 and class 4 locations and class 1 and class 2 high 
     consequence areas where the records required under subsection 
     (a) are not sufficient to confirm the established maximum 
     allowable operating pressure of those pipeline segments.
       (2) Exceedances of maximum allowable operating pressure.--
     All pipeline operators shall report any exceedance of the 
     maximum allowable operating pressure for gas transmission 
     pipelines that exceed the build-up allowed for operation of 
     pressure-limiting or control devices to the Secretary not 
     later than 5 working days after the exceedance occurs. Notice 
     of exceedance by gas transmission pipelines shall be provided 
     concurrently to appropriate State authorities.
       (c) Determination of Maximum Allowable Operating 
     Pressure.--
       (1) In general.--For any transmission line reported in 
     subsection (b), the Secretary shall require the operator of 
     the transmission line to reconfirm a maximum allowable 
     operational pressure as expeditiously as economically 
     feasible.
       (2) Interim actions.--For cases described in paragraph (1), 
     the Secretary will determine what actions are appropriate for 
     a pipeline operator to take to maintain safety until a 
     maximum allowable operating pressure is confirmed. In 
     determining what actions an operator should take, the 
     Secretary shall take into account consequences to public 
     safety and the environment, impacts on pipeline system 
     reliability and deliverability, and other factors, as 
     appropriate.
       (d) Testing Regulations.--The Secretary shall, not later 
     than 18 months after the date of the enactment of this Act, 
     prescribe regulations for conducting tests to confirm the 
     material strength of previously untested natural gas 
     transmission pipelines located in areas identified pursuant 
     to section 60109(a) of title 49, United States Code, and 
     operating at a pressure greater than 30 percent of specified 
     minimum yield strength. The Secretary shall consider safety 
     testing methodologies including, at a minimum, pressure 
     testing or other alternative methods, including in-line 
     inspections, determined by the Secretary to be of equal or 
     greater effectiveness. The Secretary, in consultation with 
     the Chairman of the Federal Energy Regulatory Commission and 
     State regulators, as appropriate, shall establish timeframes 
     for the completion of such testing that take into account 
     consequences to public safety and the environment and that 
     minimize costs and service disruptions.

[[Page 15722]]



     SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.

       (a) Issuance of Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall prescribe 
     regulations--
       (A) requiring hearings under sections 60112, 60117, 60118, 
     and 60122 to be convened before a presiding official;
       (B) providing the opportunity for any person requesting a 
     hearing under sections 60112, 60117, 60118, and 60122 to 
     arrange for a transcript of that hearing, at the expense of 
     the requesting person; and
       (C) ensuring expedited review of any order issued pursuant 
     to section 60112(e).
       (2) Presiding official.--The regulations prescribed under 
     this subsection shall--
       (A) define the term ``presiding official'' to mean the 
     person who conducts any hearing relating to civil penalty 
     assessments, compliance orders, safety orders, or corrective 
     action orders; and
       (B) require that the presiding official must be an attorney 
     on the staff of the Deputy Chief Counsel that is not engaged 
     in investigative or prosecutorial functions, including the 
     preparation of notices of probable violations, orders 
     relating to civil penalty assessments, compliance orders, or 
     corrective action orders.
       (b) Standards of Judicial Review.--Section 60119(a) is 
     amended by adding at the end the following new paragraph:
       ``(3) All judicial review of agency action under this 
     section shall apply the standards of review established in 
     section 706 of title 5.''.

     SEC. 29. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--
       (1) Section 60125(a)(1) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2012, $92,206,000, of which 
     $9,200,000 is for carrying out such section 12 and 
     $36,958,000 is for making grants;
       ``(B) for fiscal year 2013, $96,144,000, of which 
     $9,600,000 for carrying out such section 12 and $39,611,000 
     is for making grants;
       ``(C) for fiscal year 2014, $99,876,000, of which 
     $9,900,000 is for carrying out such section 12 and 
     $41,148,000 is for making grants; and
       ``(D) for fiscal year 2015, $102,807,000, of which 
     $10,200,000 is for carrying out such section 12 and 
     $42,356,000 is for making grants.''.
       (2) Section 60125(a)(2) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2012, $18,905,000, of which 
     $7,562,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(B) for fiscal year 2013, $19,661,000, of which 
     $7,864,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(C) for fiscal year 2014, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     is for making grants; and
       ``(D) for fiscal year 2015, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     is for making grants.''.
       (b) Emergency Response Grants.--Section 60125(b)(2) is 
     amended by striking ``2007 through 2010'' and inserting 
     ``2012 through 2015''.
       (c) One-call Notification Programs.--Section 6107 is 
     amended--
       (1) by striking ``2007 through 2010.'' in subsection (a) 
     and inserting ``2012 through 2015.'';
       (2) by striking ``2007 through 2010.'' in subsection (b) 
     and inserting ``2012 through 2015.''; and
       (3) by striking subsection (c).
       (d) State Damage Prevention Programs.--Section 60134 is 
     amended by adding at the end the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to provide 
     grants under this section $2,000,000 for each of fiscal years 
     2012 through 2015. The funds shall remain available until 
     expended.''.
       (e) Community Pipeline Safety Information Grants.--Section 
     60130 is amended--
       (1) by striking ``$50,000'' in subsection (a)(1) and 
     inserting ``$100,000''; and
       (2) by striking ``2003 through 2010.'' in subsection (d) 
     and inserting ``2012 through 2015.''.
       (f) Pipeline Transportation Research and Development.--
     Section 12 of the Pipeline Safety Improvement Act of 2002 (49 
     U.S.C. 60101 note) is amended--
       (1) by adding at the end of subsection (d) the following:
       ``(3) Ongoing pipeline transportation research and 
     development.--After the initial 5-year program plan has been 
     carried out by the participating agencies, the Secretary of 
     Transportation shall prepare a research and development 
     program plan every 5 years thereafter and shall transmit a 
     report to Congress on the status and results-to-date of 
     implementation of the program each year that funds are 
     appropriated for carrying out the plan.''; and
       (2) by striking ``2003 through 2006.'' in subsection (f) 
     and inserting ``2012 through 2015.''.

                          ____________________