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

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

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

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

Pending:

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

The PRESIDING OFFICER. The Senator from Arizona.

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

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

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

The amendments are as follows:

AMENDMENT NO. 739

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

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

amendment NO. 740

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

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

[[Page S6634]]

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

AMENDMENT NO. 741

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

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

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

Amendment No. 775

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

[[Page S6635]]

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

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

[[Page S6636]]

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

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

Amendment No. 750, as Modified

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

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

[[Page S6637]]

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

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

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

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

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

[[Page S6638]]

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

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

Amendment No. 775

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

Elouise Cobell

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

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

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

Amendment No. 740

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

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