S.Amdt. 3669

TEXT OF AMENDMENTS

SA 3654. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 272, after line 24, add the following:

SEC. 19__ SHARE OF RISK.

(a) In General.--Section 508(k)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(3)) is amended--
(1) by striking ``require the reinsured'' and inserting the
following: ``require--
``(A) the reinsured'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B)(i) the cumulative underwriting gain or loss, and the
associated premium and losses with such amount, calculated
under any reinsurance agreement (except livestock) ceded to
the Corporation by each approved insurance provider to be not
less than 12.5 percent; and
``(ii) the Corporation to pay a ceding commission to
reinsured companies of 2 percent of the premium used to
define the loss ratio for the book of business of the
approved insurance provider that is described in clause
(i).''.
(b) Conforming Amendments.--Section 516(a)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended
by adding at the end the following:
``(E) Costs associated with the ceding commissions
described in section 508(k)(3)(B)(ii).''.
(c) Effective Date.--The amendments made by this section
take effect on June 30, 2008.
On page 273, lines 12 and 13, strike ``2 percentage
points'' and insert ``4.0 percentage points''.
Beginning on page 445, strike line 18 and all that follows
through page 446, line 7, and insert the following:
``(5) The farmland protection program under subchapter B of
chapter 2, using, to the maximum extent practicable,
$110,000,000 for each of fiscal years 2008 through 2012.
``(6) The grassland reserve program under chapter C of
chapter 2, using, to the maximum extent practicable,
$300,000,000 for the period of fiscal years 2008 through
2012.
``(7) The environmental quality incentives program under
chapter 4, using, to the maximum extent practicable--
``(A) $1,345,000,000 for fiscal year 2008;
``(B) $1,350,000,000 for fiscal year 2009;
``(C) $1,385,000,000 for fiscal year 2010; and
``(D) $1,420,000,000 for each of fiscal years 2011 and
2012.''.
______

SA 3655. Mr. BAUCUS (for himself, Mr. Enzi, Mr. Tester, Mr. Craig,
Mr. Crapo, and Mr. Barrasso) submitted an amendment intended to be
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 972, strike line 2 and insert the following:

on reproductive fitness and related measures.
``(56) Brucellosis control and eradication.--Research and
extension grants may be made available--
``(A) for the conduct of research relating to the
development of vaccines and vaccine delivery systems to
effectively control and eliminate brucellosis in wildlife;
and
``(B) to assist with the controlling of the spread of
brucellosis from wildlife to domestic animals in the greater
Yellowstone area.''
______

SA 3656. Mr. PRYOR (for himself and Mrs. Lincoln) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1192, strike line 13 and insert the following:

``SEC. 9023. REPORT ON THE GROWTH POTENTIAL FOR CELLULOSIC
MATERIAL.

``Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
comprehensive report that, on a State-by-State basis--
``(1) identifies the range of cellulosic feedstock
materials that can be grown and are viable candidates for
renewable fuel production;
``(2) estimates the acreage available for growing the
cellulosic feedstock materials identified under paragraph
(1);
``(3) estimates the quantity of available energy per acre
for each cellulosic feedstock material identified under
paragraph (1);
``(4) calculates the development potential for growing
cellulosic feedstock materials, based on--
``(A) the range of cellulosic materials available for
growth;
``(B) soil quality;
``(C) climate variables;
``(D) the quality and availability of water;
``(E) agriculture systems that are in place as of the date
of enactment of this Act;
``(F) available acreage; and
``(G) other relevant factors identified by the Secretary;
and
``(5) rates the development potential for growing
cellulosic feedstock material, with the ratings displayed on
maps of the United States that indicate the development
potential of each State, as calculated by the Secretary under
paragraph (4).

``SEC. 9024. FURTURE FARMSTEADS PROGRAM.

______

SA 3657. Mr. PRYOR (for himself and Mrs. Lincoln) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1362, between lines 19 and 20, insert the
following:

SEC. 11072. REGULATIONS TO IMPROVE MANAGEMENT AND OVERSIGHT
OF CERTAIN REGULATED ARTICLES.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations--
(1) to implement, as appropriate, each issue identified in
the document entitled ``Lessons Learned and Revisions under
Consideration for APHIS' Biotechnology Framework'', dated
October 4, 2007; and
(2) to improve the management and oversight of articles
regulated under the Plant Protection Act (7 U.S.C. 7701 et
seq.).
(b) Inclusions.--In promulgating regulations under
subsection (a), the Secretary

[[Page S14407]]

shall include provisions that are designed to enhance--
(1) the quality and completeness of records;
(2) the availability of representative samples;
(3) the maintenance of identity and control in the event of
an unauthorized release;
(4) corrective actions in the event of an unauthorized
release;
(5) protocols for conducting molecular forensics;
(6) clarity in contractual agreements;
(7) the use of the latest scientific techniques for
isolation and confinement;
(8) standards for quality management systems and effective
research (including laboratory, greenhouse, and field
research); and
(9) the design of electronic permits to store documents and
other information relating to the permit and notification
processes.
(c) Consideration.--In promulgating regulations under
subsection (a), the Secretary shall consider--
(1) establishing--
(A) a level of potential risk presented by each regulated
article (including unintended release);
(B) a means to identify regulated articles (including the
retention of seed samples); and
(C) scientifically valid and proven isolation and
containment distances; and
(2) requiring permit holders--
(A) to maintain a positive chain of custody;
(B) to provide for the maintenance of records;
(C) to provide for the accounting of material;
(D) to conduct periodic audits;
(E) to establish an appropriate training program;
(F) to provide contingency and corrective action plans; and
(G) to submit reports as the Secretary considers to be
appropriate.
______

SA 3658. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1362, between lines 19 and 20, insert the
following:

SEC. 11072. INVASIVE SPECIES REVOLVING LOAN FUND.

(a) Definitions.--In this section:
(1) Authorized equipment.--
(A) In general.--The term ``authorized equipment'' means
any equipment necessary for the management of forest land.
(B) Inclusions.--The term ``authorized
equipment''includes--
(i) cherry pickers;
(ii) equipment necessary for--

(I) the construction of staging and marshalling areas;
(II) the planting of trees; and
(III) the surveying of forest land;

(iii) vehicles capable of transporting harvested trees;
(iv) wood chippers; and
(v) any other appropriate equipment, as determined by the
Secretary.
(2) Fund.--The term ``Fund'' means the Invasive Species
Revolving Loan Fund established by subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Deputy Chief of the State
and Private Forestry organization.
(b) Establishment of Fund.--There is established in the
Treasury of the United States a revolving fund, to be known
as the ``Invasive Species Revolving Loan Fund'', consisting
of such amounts as are appropriated to the Fund under
subsection (f).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide loans under subsection
(e).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for
each fiscal year to pay the administrative expenses necessary
to carry out this section.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(e) Uses of Fund.--
(1) Loans.--
(A) In general.--The Secretary shall use amounts in the
Fund to provide loans to eligible units of local government
to finance purchases of authorized equipment to monitor,
remove, dispose of, and replace infested trees that are
located--
(i) on land under the jurisdiction of the eligible units of
local government; and
(ii) within the borders of quarantine areas infested by
invasive species.
(B) Maximum amount.--The maximum amount of a loan that may
be provided by the Secretary to an eligible unit of local
government under this subsection shall be the lesser of--
(i) the amount that the eligible unit of local government
has appropriated--

(I) to finance purchases of authorized equipment to
monitor, remove, dispose of, and replace infested trees that
are located--

(aa) on land under the jurisdiction of the eligible unit of
local government; and
(bb) within the borders of a quarantine area infested by
invasive species; and

(II) to enter into contracts with appropriate individuals
and entities to monitor, remove, dispose of, and replace
infested trees that are located in each area described in
subclause (I); or

(ii) $5,000,000.
(C) Interest rate.--The interest rate on any loan made by
the Secretary under this paragraph shall be a rate equal to 2
percent.
(D) Report.--Not later than 180 days after the date on
which an eligible unit of local government receives a loan
provided by the Secretary under subparagraph (A), the
eligible unit of local government shall submit to the
Secretary a report that describes each purchase made by the
eligible unit of local government using assistance provided
through the loan.
(2) Loan repayment schedule.--
(A) In general.--To be eligible to receive a loan from the
Secretary under paragraph (1), in accordance with each
requirement described in subparagraph (B), an eligible unit
of local government shall enter into an agreement with the
Secretary to establish a loan repayment schedule relating to
the repayment of the loan.
(B) Requirements relating to loan repayment schedule.--A
loan repayment schedule established under subparagraph (A)
shall require the eligible unit of local government--
(i) to repay to the Secretary of the Treasury, not later
than 1 year after the date on which the eligible unit of
local government receives a loan under paragraph (1), and
semiannually thereafter, an amount equal to the quotient
obtained by dividing--

(I) the principal amount of the loan (including interest);
by
(II) the total quantity of payments that the eligible unit
of local government is required to make during the repayment
period of the loan; and

(ii) not later than 20 years after the date on which the
eligible unit of local government receives a loan under
paragraph (1), to complete repayment to the Secretary of the
Treasury of the loan made under this section (including
interest).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this section.

SEC. 11073. COOPERATIVE AGREEMENTS RELATING TO INVASIVE
SPECIES PREVENTION ACTIVITIES.

Any cooperative agreement entered into after the date of
enactment of this Act between the Secretary and a State
relating to the prevention of invasive species infestation
shall allow the State to provide any cost-sharing assistance
or financing mechanism provided to the State under the
cooperative agreement to a unit of local government of the
State that--
(1) is engaged in any activity relating to the prevention
of invasive species infestation; and
(2) is capable of documenting each invasive species
infestation prevention activity generally carried out by--
(A) the Department of Agriculture; or
(B) the State department of agriculture that has
jurisdiction over the unit of local government.
______

SA 3659. Mr. NELSON of Nebraska submitted an amendment intended to be
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 895, trike lines 4 through 7 and insert the
following:
Section 1408 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is
amended--
(A) in subsection (g)(1), by striking ``$350,000'' and
inserting ``$500,000''; and
(B) in subsection (h), by striking ``2007'' and inserting
``2012''.
______

SA 3660. Mr. BAUCUS (for himself and Mr. Crapo) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place in title III, insert the
following:

SEC. 3__. AGRICULTURAL SUPPLY.

(a) In General.--Section 902(1) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1))
is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) Agricultural supply.--The term `agricultural supply'
includes--
``(A) agricultural commodities; and
``(B)(i) agriculture-related processing equipment;

[[Page S14408]]

``(ii) agriculture-related machinery; and
``(iii) other capital goods related to the storage or
handling of agricultural commodities or products.''.
(b) Conforming Amendments.--The Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is
amended--
(1) by striking ``agricultural commodities'' each place it
appears and inserting ``agricultural supplies'';
(2) in section 904(2), by striking ``agricultural
commodity'' and inserting ``agricultural supply''; and
(3) in section 910(a), in the subsection heading, by
striking ``Agricultural Commodities'' and inserting
``Agricultural Supplies''.

SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.

Section 908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) striking ``(1) In general.--No United States person''
and inserting the following:
``(1) Prohibition.--
``(A) In general.--No United States person''; and
(3) in the undesignated matter following clause (ii) (as
redesignated by paragraph (1)), by striking ``Nothing in this
paragraph'' and inserting the following:
``(B) Definition of payment of cash in advance.--
Notwithstanding any other provision of law, for purposes of
this paragraph, the term `payment of cash in advance' means
only that payment must be received by the seller of an
agricultural supply to Cuba or any person in Cuba before
surrendering physical possession of the agricultural supply.
``(C) Regulations.--The Secretary of the Treasury shall
publish in the Federal Register a description of the contents
of this section as a clarification of the regulations of the
Secretary regarding sales under this title to Cuba.
``(D) Clarification.--Nothing in this paragraph''.

SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED
TRANSACTIONS WITH CUBA.

Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding
at the end the following:
``(c) General License Authority for Travel-Related
Expenditures in Cuba by Persons Engaging in TSREEA-Authorized
Sales and Marketing Activities.--
``(1) Definition of sales and marketing activity.--
``(A) In general.--In this subsection, the term `sales and
marketing activity' means any activity with respect to travel
to, from, or within Cuba that is undertaken by United States
persons--
``(i) to explore the market in Cuba for products authorized
under this title; or
``(ii) to engage in sales activities with respect to such
products.
``(B) Inclusion.--The term `sales and marketing activity'
includes exhibiting, negotiating, marketing, surveying the
market, and delivering and servicing products authorized
under this title.
``(2) Authorization.--The Secretary of the Treasury shall
authorize under a general license the travel-related
transactions listed in paragraph (c) of section 515.560 of
title 31, Code of Federal Regulations (as in effect on June
1, 2007), for travel to, from, or within Cuba in connection
with sales and marketing activities involving products
approved for sale under this title.
``(3) Authorized persons.--Persons authorized to travel to
Cuba under paragraph (2) shall include--
``(A) producers of products authorized under this title;
``(B) distributors of such products; and
``(C) representatives of trade organizations that promote
the interests of producers and distributors of such products.
``(4) Regulations.--The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to
carry out this subsection.''.

SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND
UNITED STATES FINANCIAL INSTITUTIONS.

The Trade Sanctions Reform and Export Enhancement Act of
2000 is amended--
(1) by redesignating section 911 (22 U.S.C. 7201 note;
Public Law 106-387) as section 912; and
(2) by inserting after section 910 (22 U.S.C. 7209) the
following:

``SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN
AND UNITED STATES FINANCIAL INSTITUTIONS.

``Notwithstanding any other provision of law (including
regulations), the President shall not restrict direct
transfers from Cuban to United States financial institutions
executed in payment for products authorized by this Act.''.

SEC. 3__. SENSE OF CONGRESS THAT PROSPECTIVE PURCHASERS OF
TSREEA PRODUCTS SHOULD BE ISSUED VISAS TO ENTER
THE UNITED STATES.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State should issue visas for temporary entry
into the United States of Cuban nationals who demonstrate a
full itinerary of purchasing activities relating to the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7201 et seq.) while in the United States.
(b) Periodic Reports.--Not later than 45 days after the
date of enactment of this Act and every 90 days thereafter,
the Secretary of State shall submit to the Committees on
Agriculture, Foreign Affairs, and Ways and Means of the House
of Representatives and the Committees on Agriculture,
Nutrition, and Forestry, Finance, and Foreign Relations of
the Senate a report that describes any actions of the
Secretary relating to this section, including--
(1) a full description of each application received from a
Cuban national to travel to the United States to engage in
purchasing activities described in subsection (a); and
(2) a description of the disposition of each such
application.
______

SA 3661. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows;

At the appropriate place, insert the following:

SEC.__. PREVENTING CHILDHOOD OBESITY.

(a) Federal Leadership Commission to Prevent Childhood
Obesity.--Part Q of title III of the Public Health Service
Act (42 U.S.C. 280h et seq.) is amended by adding at the end
the following:

``SEC. 399Z-1. FEDERAL LEADERSHIP COMMISSION TO PREVENT
CHILDHOOD OBESITY.

``(a) In General.--The Secretary shall ensure that the
Federal Government coordinates efforts to develop, implement,
and enforce policies that promote messages and activities
designed to prevent obesity among children and youth.
``(b) Establishment of Leadership Commission.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall establish within the
Centers for Disease Control and Prevention a Federal
Leadership Commission to Prevent Childhood Obesity (referred
to in this section as the `Commission') to assess and make
recommendations for Federal departmental policies, programs,
and messages relating to the prevention of childhood obesity.
The Director shall serve as the chairperson of the
Commission.
``(c) Membership.--The Commission shall include
representatives of offices and agencies within--
``(1) the Department of Health and Human Services;
``(2) the Department of Agriculture;
``(3) the Department of Commerce;
``(4) the Department of Education;
``(5) the Department of Housing and Urban Development;
``(6) the Department of the Interior;
``(7) the Department of Labor;
``(8) the Department of Transportation;
``(9) the Federal Trade Commission; and
``(10) other Federal entities as determined appropriate by
the Secretary.
``(d) Duties.--The Commission shall--
``(1) serve as a centralized mechanism to coordinate
activities related to obesity prevention across all Federal
departments and agencies;
``(2) establish specific goals for obesity prevention, and
determine accountability for reaching these goals, within and
across Federal departments and agencies;
``(3) review evaluation and economic data relating to the
impact of Federal interventions on the prevention of
childhood obesity;
``(4) provide a description of evidence-based best
practices, model programs, effective guidelines, and other
strategies for preventing childhood obesity;
``(5) make recommendations to improve Federal efforts
relating to obesity prevention and to ensure Federal efforts
are consistent with available standards and evidence; and
``(6) monitor Federal progress in meeting specific obesity
prevention goals.
``(e) Study; Summit; Guidelines.--
``(1) Study.--The Government Accountability Office shall--
``(A) conduct a study to assess the effect of Federal
nutrition assistance programs and agricultural policies on
the prevention of childhood obesity, and prepare a report on
the results of such study that shall include a description
and evaluation of the content and impact of Federal
agriculture subsidy and commodity programs and policies as
such relate to Federal nutrition programs;
``(B) make recommendations to guide or revise Federal
policies for ensuring access to nutritional foods in Federal
nutrition assistance programs; and
``(C) complete the activities provided for under this
section not later than 18 months after the date of enactment
of this section.
``(2) Institute of medicine study.--
``(A) In general.--Not later than 6 months after the date
of enactment of this section, the Secretary shall request
that the Institute of Medicine (or similar organization)
conduct a study and make recommendations on guidelines for
nutritional food and physical activity advertising and
marketing to prevent childhood obesity. In conducting such
study the Institute of Medicine shall--
``(i) evaluate children's advertising and marketing
guidelines and evidence-based literature relating to the
impact of advertising on nutritional foods and physical
activity in children and youth; and
``(ii) make recommendations on national guidelines for
advertising and marketing

[[Page S14409]]

practices relating to children and youth that--
``(I) reduce the exposure of children and youth to
advertising and marketing of foods of poor or minimal
nutritional value and practices that promote sedentary
behavior; and
``(11) increase the number of media messages that promote
physical activity and sound nutrition.
``(B) Guidelines.--Not later than 2 years after the date of
enactment of this section, the Institute of Medicine shall
submit to the Commission the final report concerning the
results of the study, and making the recommendations,
required under this paragraph.
``(3) National summit.--
``(A) In general.--Not later than 1 year after the date on
which the report under paragraph (2)(B) is submitted, the
Commission shall convene a National Summit to Implement Food
and Physical Activity Advertising and Marketing Guidelines to
Prevent Childhood Obesity (referred to in this section as the
`Summit').
``(B) Collaborative effort.--The Summit shall be a
collaborative effort and include representatives from--
``(i) education and child development groups;
``(ii) public health and behavioral science groups;
``(iii) child advocacy and health care provider groups; and
``(iv) advertising and marketing industry.
``(C) Activities.--The participants in the Summit shall
develop a 5-year plan for implementing the national
guidelines recommended by the Institute of Medicine in the
report submitted under paragraph (2)(B).
``(D) Evaluation and Reports.--Not later than 1 year after
the date of enactment of this section, and biannually
thereafter, the Commission shall evaluate and submit a report
to Congress on the efforts of the Federal Government to
implement the recommendations made by the Institute of
Medicine in the report under paragraph (2)(B) that shall
include a detailed description of the plan of the Secretary
to implement such recommendations.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of fiscal years 2006
through 2010.
``(g) Definitions.--For purposes of this section, the
definitions contained in section 401 of the Prevention of
Childhood Obesity Act shall apply.''.
(b) Federal Trade Commission and Marketing to Children and
Youth.--
(1) In general.--Notwithstanding section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a), the Federal Trade
Commission is authorized to promulgate regulations and
monitor compliance with the guidelines for advertising and
marketing of nutritional foods and physical activity directed
at children and youth, as recommended by the National Summit
to Implement Food and Physical Activity Advertising and
Marketing Guidelines to Prevent Childhood Obesity (as
established under section 399Z-1(e)(3) of the Public Health
Service Act).
(2) Fines.--Notwithstanding section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a), the Federal Trade Commission
may assess fines on advertisers or network and media groups
that fail to comply with the guidelines described in
paragraph (1).
______

SA 3662. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title IX, add the following:

SEC. 9___. SENSE OF CONGRESS REGARDING COOPERATIVE REGIONAL
RESEARCH, EXTENSION, AND EDUCATION PROGRAMS ON
BIOFUELS AND BIOPRODUCTS.

It is the sense of Congress that the Secretary shall
continue to allow and support efforts of regional consortiums
of public institutions, including land grant universities and
State departments of agriculture, to jointly support the
bioeconomy through research, extension, and education
activities, including--
(1) expanding the use of biomass;
(2) improving the efficiency and sustainability of
bioenergy;
(3) supporting local ownership in the bioeconomy;
(4) communicating about the bioeconomy;
(5) facilitating information sharing; and
(6) assisting to coordinate regional approaches.
______

SA 3663. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title VII, add the following:

SEC. 75__. MODIFICATIONS TO INFORMATION TECHNOLOGY SERVICE.

(a) In General.--The Secretary shall not implement any
modification that reduces the availability or provision of
information technology service, or administrative management
control of that service, including data or center service
agency, functions, and personnel at the National Finance
Center and the National Information Technology Center service
locations, until the date on which the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate receive
a written determination and report from the Chief Financial
Officer or Chief Information Officer of the Department of
Agriculture and the Secretary that states that the
implementation of the modification is in the best interests
of the Department of Agriculture.
(b) Report on Proposed Modifications.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Comptroller General a report
on any proposed modification to reduce the availability or
provision of any information technology service, or
administrative management control of such a service,
including data or center service agency, functions, and
personnel at the National Finance Center and National
Technology Center service locations, that includes--
(1) a business case analysis (including of the near- and
long-term costs and benefits to the Department of Agriculture
and all other Federal agencies and departments that benefit
from services provided by the National Finance Center and the
National Information Technology Center service locations) of
the proposed modifications, as compared with maintaining
administrative management control or information technology
service functions and personnel in the existing structure and
at present locations; and
(2) an analysis of the impact of any changes in that
administrative management control or information technology
service (including data or center service agency, functions,
and personnel) on the ability of the National Finance Center
and National Information Technology Center service locations
to provide, in the near- and long-term, to all Federal
agencies and departments, cost-effective, secure, efficient,
and interoperable--
(A) information technology services;
(B) cross-servicing;
(C) e-payroll services; and
(D) human resource line-of-business services.
(c) Assessment.--Not later than 90 days after the date on
which the Comptroller General receives the report submitted
under subsection (b), the Comptroller General shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a detailed written assessment of the report that
includes an analysis (including of near- and long-term cost
benefits and impacts) of the alternatives available to all
Federal agencies and departments to acquire cost-effective,
secure, efficient, and interoperable information technology,
cross-servicing, e-payroll, and human resource line-of-
business services.
(d) Operating Reserve.--
(1) In general.--Of annual income amounts in the working
capital fund of the Department of Agriculture allocated for
the National Finance Center, the Secretary may reserve not
more than 4 percent--
(A) for the replacement or acquisition of capital
equipment, including equipment for--
(i) the improvement and implementation of a financial
management plan;
(ii) information technology; and
(iii) other systems of the National Finance Center; or
(B) to pay any unforeseen, extraordinary costs of the
National Finance Center.
(2) Availability for obligation.--
(A) In general.--Except as provided in subparagraph (B),
none of the amounts reserved under paragraph (1) shall be
available for obligation unless the Secretary submits
notification of the obligation to--
(i) the Committees on Appropriations and Agriculture of the
House of Representatives; and
(ii) the Committees on Appropriations and Agriculture,
Nutrition, and Forestry of the Senate.
(B) Exception.--The limitation described in subparagraph
(A) shall not apply to any obligation that, as determined by
the Secretary, is necessary--
(i) to respond to a declared state of emergency that
significantly impacts the operations of the National Finance
Center; or
(ii) to evacuate employees of the National Finance Center
to a safe haven to continue operations of the National
Finance Center.
______

SA 3664. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1362, between lines 19 and 20, insert the
following:

[[Page S14410]]

SEC. 11___. RIO GRANDE BASIN MANAGEMENT PROJECT.

The Food Security Act of 1985 is amended by inserting after
section 1240K (as added by section 2361) the following:

``SEC. 1240L. RIO GRANDE BASIN MANAGEMENT PROJECT.

``(a) Definition of Rio Grande Basin.--In this section, the
term `Rio Grande Basin' includes all tributaries, backwaters,
and side channels (including watersheds) of the United States
that drain into the Rio Grande River.
``(b) Establishment.--The Secretary, in conjunction with
partnerships of institutions of higher education working with
farmers, ranchers, and other rural landowners, shall
establish a program under which the Secretary shall provide
grants to the partnerships to benefit the Rio Grande Basin
by--
``(1) restoring water flow and the riparian habitat;
``(2) improving usage;
``(3) addressing demand for drinking water;
``(4) providing technical assistance to agricultural and
municipal water systems; and
``(5) reducing biological and chemical hazards through
alternative treatment of water and wastewater.
``(c) Use of Funds.--
``(1) In general.--A grant provided under this section may
be used by a partnership for the costs of carrying out an
activity described in subsection (b), including the costs
of--
``(A) direct labor;
``(B) appropriate travel;
``(C) equipment;
``(D) instrumentation;
``(E) analytical laboratory work;
``(F) subcontracting;
``(G) cooperative research agreements; and
``(H) similar related expenses and costs.
``(2) Limitation.--A grant provided under this section
shall not be used to purchase or construct any building.
``(d) Reports.--A partnership that receives a grant under
this subsection shall submit to the Secretary annual reports
describing--
``(1) the expenses of the partnership during the preceding
calendar year; and
``(2) such other financial information as the Secretary may
require.
``(e) Funding.--There are authorized to be appropriated
such sums as are necessary to carry out this section for each
of fiscal years 2008 through 2012, to remain available until
expended.''.
______

SA 3665. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 210, strike line 20 and all that follows
through page 212, line 21, and insert the following:
``(1) Programs.--
``(A) Commodity programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(A)
during a crop year if the average adjusted gross income of
the individual or entity exceeds $200,000.
``(B) Conservation programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(B)
during a fiscal year if the average adjusted gross income of
the individual or entity exceeds $2,500,000, unless not less
than 75 percent of the average adjusted gross income of the
individual or entity is derived from farming, ranching, or
forestry operations, as determined by the Secretary.
``(2) Covered benefits.--
``(A) In general.--Paragraph (1)(A) applies with respect to
the following:
``(i) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(ii) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(iii) An average crop revenue payment under subtitle B of
title I of Food and Energy Security Act of 2007.
``(B) Conservation programs.--Paragraph (1)(B) applies with
respect to a payment under any program under--
______

SA 3666. Mr. TESTER (for himself, Mr. Grassley, and Mr. Harkin)
submitted an amendment intended to be proposed to amendment SA 3500
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1232, strike lines 9 through 12 and insert the
following:
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsections (c), (d), (e), and (g) (as redesignated
by paragraph (1)), by striking the semicolon each place it
appears and inserting ``, regardless of any alleged business
justification;''; and
(3) by inserting after subsection (e) the following:
On page 1233, line 20, strike ``subsection (a)'' and insert
``subsection (a)(3)''.
On page 1234, line 2, strike ``subsection (a)'' and insert
``subsection (a)(3)''.
______

SA 3667. Mr. HARKIN (for himself, Mr. Enzi, Mr. Johnson, Mr.
Barrasso, Mr. Dorgan, Mr. Grassley, Mr. Feingold, and Mr. Tester)
submitted an amendment intended to be proposed to amendment SA 3500
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1232, between lines 4 and 5, insert the following:

SEC. 10207. NO COMPETITIVE INJURY REQUIREMENT.

(a) Packers and Stockyards Act, 1921.--Section 202(a) of
the Packers and Stockyards Act, 1921 (7 U.S.C. 192(a)), is
amended by inserting ``, regardless of whether the practice
or device causes a competitive injury'' after ``or device''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect on the earlier of--
(1) the date on which the Department promulgates a final
regulation to reflect the amendment made by subsection (a);
and
(2) the date that is 1 year after the date of enactment of
this Act.
______

SA 3668. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place in title III, insert the
following:

SEC. 3__. AGRICULTURAL SUPPLY.

(a) In General.--Section 902(1) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1))
is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) Agricultural supply.--The term `agricultural supply'
includes--
``(A) agricultural commodities; and
``(B)(i) agriculture-related processing equipment;
``(ii) agriculture-related machinery; and
``(iii) other capital goods related to the storage or
handling of agricultural commodities or products.''.
(b) Conforming Amendments.--The Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is
amended--
(1) by striking ``agricultural commodities'' each place it
appears and inserting ``agricultural supplies'';
(2) in section 904(2), by striking ``agricultural
commodity'' and inserting ``agricultural supply''; and
(3) in section 910(a), in the subsection heading, by
striking ``Agricultural Commodities'' and inserting
``Agricultural Supplies''.

SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.

Section 908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) striking ``(1) In general.--No United States person''
and inserting the following:
``(1) Prohibition.--
``(A) In general.--No United States person''; and
(3) in the undesignated matter following clause (ii) (as
redesignated by paragraph (1)), by striking ``Nothing in this
paragraph'' and inserting the following:
``(B) Definition of payment of cash in advance.--
Notwithstanding any other provision of law, for purposes of
this paragraph, the term `payment of cash in advance' means
only that payment must be received by the seller of an
agricultural supply to Cuba or any person in Cuba before
surrendering physical possession of the agricultural supply.
``(C) Regulations.--The Secretary of the Treasury shall
publish in the Federal Register a description of the contents
of this section as a clarification of the regulations of the
Secretary regarding sales under this title to Cuba.
``(D) Clarification.--Nothing in this paragraph''.

SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED
TRANSACTIONS WITH CUBA.

Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding
at the end the following:
``(c) General License Authority for Travel-Related
Expenditures in Cuba by Persons Engaging in TSREEA-Authorized
Sales and Marketing Activities.--
``(1) Definition of sales and marketing activity.--
``(A) In general.--In this subsection, the term `sales and
marketing activity' means any activity with respect to travel
to, from, or within Cuba that is undertaken by United States
persons--
``(i) to explore the market in Cuba for products authorized
under this title; or

[[Page S14411]]

``(ii) to engage in sales activities with respect to such
products.
``(B) Inclusion.--The term `sales and marketing activity'
includes exhibiting, negotiating, marketing, surveying the
market, and delivering and servicing products authorized
under this title.
``(2) Authorization.--The Secretary of the Treasury shall
authorize under a general license the travel-related
transactions listed in paragraph (c) of section 515.560 of
title 31, Code of Federal Regulations (as in effect on June
1, 2007), for travel to, from, or within Cuba in connection
with sales and marketing activities involving products
approved for sale under this title.
``(3) Authorized persons.--Persons authorized to travel to
Cuba under paragraph (2) shall include--
``(A) producers of products authorized under this title;
``(B) distributors of such products; and
``(C) representatives of trade organizations that promote
the interests of producers and distributors of such products.
``(4) Regulations.--The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to
carry out this subsection.''.

SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND
UNITED STATES FINANCIAL INSTITUTIONS.

The Trade Sanctions Reform and Export Enhancement Act of
2000 is amended--
(1) by redesignating section 911 (22 U.S.C. 7201 note;
Public Law 106-387) as section 912; and
(2) by inserting after section 910 (22 U.S.C. 7209) the
following:

``SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN
AND UNITED STATES FINANCIAL INSTITUTIONS.

``Notwithstanding any other provision of law (including
regulations), the President shall not restrict direct
transfers from Cuban to United States financial institutions
executed in payment for products authorized by this Act.''.
______

SA 3669. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 160, after line 24, insert the following:

SEC. 15__. PROHIBITION ON SUGAR ASSISTANCE WITHOUT HEALTH
CERTIFICATION.

Notwithstanding any other provision of this title or an
amendment made by this title, no loan, payment, purchase,
allotment, or other assistance may be provided to or for a
producer of sugarcane or sugar beets under this title or an
amendment made by this title unless the Secretary of Health
and Human Services certifies to Congress, before the
assistance is provided, that sugarcane, sugar beets, and the
products of sugarcane and sugar beets do not contribute to
childhood obesity, tooth decay, or diabetes.
______

SA 3670. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON ISSUANCE OF IDENTIFICATION DOCUMENTS
TO ILLEGAL ALIENS.

Notwithstanding any other provision of law and after the
date that is 1 year after the date of the enactment of this
Act, no State or subdivision of a State may issue a driver's
license or other identification document to an alien who is
unlawfully present in the United States.
______

SA 3671. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Strike section 7042.
______

SA 3672. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 254, strike line 19 and all that follows
through page 255, line 22.
______

SA 3673. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--

HEALTHY MOTHERS AND HEALTHY BABIES RURAL ACCESS TO CARE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Healthy Mothers and
Healthy Babies Rural Access to Care Act''.

SEC. _02. FINDINGS AND PURPOSE.

(a) Findings.--
(1) Effect on women's access to health services.--Congress
finds that--
(A) the current civil justice system is eroding women's
access to obstetrical and gynecological services;
(B) the American College of Obstetricians and Gynecologists
(ACOG) has identified nearly half of the States as having a
medical liability insurance crisis that is threatening access
to high-quality obstetrical and gynecological services;
(C) because of the high cost of medical liability insurance
and the risk of being sued, one in seven obstetricians and
gynecologists have stopped practicing obstetrics and one in
five has decreased their number of high-risk obstetrics
patients; and
(D) because of the lack of availability of obstetrical
services, women--
(i) must travel longer distances and cross State lines to
find a doctor;
(ii) have longer waiting periods (in some cases months) for
appointments;
(iii) have shorter visits with their physicians once they
get appointments;
(iv) have less access to maternal-fetal medicine
specialists, physicians with the most experience and training
in the care of women with high-risk pregnancies; and
(v) have fewer hospitals with maternity wards where they
can deliver their child, potentially endangering the lives
and health of the woman and her unborn child.
(2) Effect on interstate commerce.--Congress finds that the
health care and insurance industries are industries affecting
interstate commerce and the health care liability litigation
systems existing throughout the United States are activities
that affect interstate commerce by contributing to the high
costs of health care and premiums for health care liability
insurance purchased by health care system providers.
(3) Effect on federal spending.--Congress finds that the
health care liability litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive health care
benefits under programs operated or financed by the Federal
Government;
(B) the large number of individuals who benefit because of
the exclusion from Federal taxes of the amounts spent to
provide them with health insurance benefits; and
(C) the large number of health care providers who provide
items or services for which the Federal Government makes
payments.
(b) Purpose.--It is the purpose of this title to implement
reasonable, comprehensive, and effective health care
liability reforms designed to--
(1) improve the availability of health care services in
cases in which health care liability actions have been shown
to be a factor in the decreased availability of services;
(2) reduce the incidence of ``defensive medicine'' and
lower the cost of health care liability insurance, all of
which contribute to the escalation of health care costs;
(3) ensure that persons with meritorious health care injury
claims receive fair and adequate compensation, including
reasonable noneconomic damages;
(4) improve the fairness and cost-effectiveness of our
current health care liability system to resolve disputes
over, and provide compensation for, health care liability by
reducing uncertainty in the amount of compensation provided
to injured individuals; and
(5) provide an increased sharing of information in the
health care system which will reduce unintended injury and
improve patient care.

SEC. _03. DEFINITIONS.

In this title:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;

[[Page S14412]]

(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care goods or services.--The term ``health care
goods or services'' means any obstetrical or gynecological
goods or services provided by a health care institution,
provider, or by any individual working under the supervision
of a health care provider, that relates to the diagnosis,
prevention, care, or treatment of any obstetrical or
gynecological-related human disease or impairment, or the
assessment of the health of human beings.
(8) Health care institution.--The term ``health care
institution'' means any entity licensed under Federal or
State law to provide health care services (including but not
limited to ambulatory surgical centers, assisted living
facilities, emergency medical services providers, hospices,
hospitals and hospital systems, nursing homes, or other
entities licensed to provide such services).
(9) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of obstetrical or gynecological goods or services
affecting interstate commerce, or any health care liability
action concerning the provision of (or the failure to
provide) obstetrical or gynecological goods or services
affecting interstate commerce, brought in a State or Federal
court or pursuant to an alternative dispute resolution
system, against a physician or other health care provider who
delivers obstetrical or gynecological services in an rural
area or a health care institution (only with respect to
obstetrical or gynecological services) located in a rural
area regardless of the theory of liability on which the claim
is based, or the number of claimants, plaintiffs, defendants,
or other parties, or the number of claims or causes of
action, in which the claimant alleges a health care liability
claim.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider who
delivers obstetrical or gynecological services in a rural
area or a health care institution (only with respect to
obstetrical or gynecological services) located in a rural
area regardless of the theory of liability on which the claim
is based, or the number of plaintiffs, defendants, or other
parties, or the number of causes of action, in which the
claimant alleges a health care liability claim.
(11) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider who
delivers obstetrical or gynecological services in a rural
area or a health care institution (only with respect to
obstetrical or gynecological services) located in a rural
area, including third-party claims, cross-claims, counter-
claims, or contribution claims, which are based upon the
provision of, use of, or payment for (or the failure to
provide, use, or pay for) obstetrical or gynecological
services, regardless of the theory of liability on which the
claim is based, or the number of plaintiffs, defendants, or
other parties, or the number of causes of action.
(12) Health care provider.--
(A) In general.--The term ``health care provider'' means
any person (including but not limited to a physician (as
defined by section 1861(r) of the Social Security Act (42
U.S.C. 1395x(r)), nurse, dentist, podiatrist, pharmacist,
chiropractor, or optometrist) required by State or Federal
law to be licensed, registered, or certified to provide
health care services, and being either so licensed,
registered, or certified, or exempted from such requirement
by other statute or regulation, and who is providing such
services in a rural area.
(B) Treatment of certain professional associations.--For
purposes of this title, a professional association that is
organized under State law by an individual physician or group
of physicians, a partnership or limited liability partnership
formed by a group of physicians, a nonprofit health
corporation certified under State law, or a company formed by
a group of physicians under State law shall be treated as a
health care provider under subparagraph (A).
(13) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(14) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(15) Obstetrical or gynecological services.--The term
``obstetrical or gynecological services'' means services for
pre-natal care or labor and delivery, including the immediate
postpartum period (as determined in accordance with the
definition of postpartum used for purposes of title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.)).
(16) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider who delivers obstetrical or gynecological
services or a health care institution. Punitive damages are
neither economic nor noneconomic damages.
(17) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
(18) Rural area.--The term ``rural area'' means any area of
the United States that is not--
(A) included within the boundaries of any city, town,
borough, or village, whether incorporated or unincorporated,
with a population of more than 20,000 inhabitants; or
(B) the urbanized area contiguous and adjacent to such a
city or town.
(19) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.

SEC. _04. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit shall be 3 years after the date of manifestation of
injury or 1 year after the claimant discovers, or through the
use of reasonable diligence should have discovered, the
injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except that if such minor is under the full age of 6 years,
such action shall be commenced within 3 years of the
manifestation of injury, or prior to the eighth birthday of
the minor, whichever provides a longer period. Such time
limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or
health care institution have committed fraud or collusion in
the failure to bring an action on behalf of the injured
minor.
(d) Rule 11 Sanctions.--Whenever a Federal or State court
determines (whether by motion of the parties or whether on
the motion of the court) that there has been a violation of
Rule 11 of the Federal Rules of Civil Procedure (or a similar
violation of applicable State court rules) in a health care
liability action to which this title applies, the court shall
impose upon the attorneys, law firms, or pro se litigants
that have violated Rule 11 or are responsible for the
violation, an appropriate sanction, which shall include an
order to pay the other party or parties for the reasonable
expenses incurred as a direct result of the filing of the
pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorneys' fee. Such
sanction shall be sufficient to deter repetition of such
conduct or comparable conduct by others similarly situated,
and to compensate the party or parties injured by such
conduct.

SEC. _05. COMPENSATING PATIENT INJURY.

(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing

[[Page S14413]]

in this title shall limit the recovery by a claimant of the
full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--
(1) Health care providers.--In any health care lawsuit
where final judgment is rendered against a health care
provider, the amount of noneconomic damages recovered from
the provider, if otherwise available under applicable Federal
or State law, may be as much as $250,000, regardless of the
number of parties other than a health care institution
against whom the action is brought or the number of separate
claims or actions brought with respect to the same
occurrence.
(2) Health care institutions.--
(A) Single institution.--In any health care lawsuit where
final judgment is rendered against a single health care
institution, the amount of noneconomic damages recovered from
the institution, if otherwise available under applicable
Federal or State law, may be as much as $250,000, regardless
of the number of parties against whom the action is brought
or the number of separate claims or actions brought with
respect to the same occurrence.
(B) Multiple institutions.--In any health care lawsuit
where final judgment is rendered against more than one health
care institution, the amount of noneconomic damages recovered
from each institution, if otherwise available under
applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action
is brought or the number of separate claims or actions
brought with respect to the same occurrence, except that the
total amount recovered from all such institutions in such
lawsuit shall not exceed $500,000.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of the
limitations provided for in subsection (b) shall be reduced
either before the entry of judgment, or by amendment of the
judgment after entry of judgment, and such reduction shall be
made before accounting for any other reduction in damages
required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed the
limitations provided for in subsection (b), the future
noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.

SEC. _06. MAXIMIZING PATIENT RECOVERY.

(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) 40 percent of the first $50,000 recovered by the
claimant(s).
(ii) 33\1/3\ percent of the next $50,000 recovered by the
claimant(s).
(iii) 25 percent of the next $500,000 recovered by the
claimant(s).
(iv) 15 percent of any amount by which the recovery by the
claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.

SEC. _07. ADDITIONAL HEALTH BENEFITS.

(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits to
which the claimant is entitled, less any insurance premiums
or other payments made by the claimant (or by the spouse,
parent, child, or legal guardian of the claimant) to obtain
or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.

SEC. _08. PUNITIVE DAMAGES.

(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.

[[Page S14414]]

(c) Liability of Health Care Providers.--
(1) In general.--A health care provider who prescribes, or
who dispenses pursuant to a prescription, a drug, biological
product, or medical device approved by the Food and Drug
Administration, for an approved indication of the drug,
biological product, or medical device, shall not be named as
a party to a product liability lawsuit invoking such drug,
biological product, or medical device and shall not be liable
to a claimant in a class action lawsuit against the
manufacturer, distributor, or product seller of such drug,
biological product, or medical device.
(2) Medical product.--The term ``medical product'' means a
drug or device intended for humans. The terms ``drug'' and
``device'' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 321), respectively, including any component or
raw material used therein, but excluding health care
services.

SEC. _09. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.

(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments. In any health care lawsuit, the court may
be guided by the Uniform Periodic Payment of Judgments Act
promulgated by the National Conference of Commissioners on
Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this title.

SEC. _10. EFFECT ON OTHER LAWS.

(a) General Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this title shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this title in conflict
with a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this title or otherwise
applicable law (as determined under this title) will apply to
such aspect of such action.
(b) Smallpox Vaccine Injury.--
(1) In general.--To the extent that part C of title II of
the Public Health Service Act establishes a Federal rule of
law applicable to a civil action brought for a smallpox
vaccine-related injury or death--
(A) this title shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this title in conflict
with a rule of law of such part C shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a smallpox vaccine-related injury or death to
which a Federal rule of law under part C of title II of the
Public Health Service Act does not apply, then this title or
otherwise applicable law (as determined under this title)
will apply to such aspect of such action.
(c) Other Federal Law.--Except as provided in this section,
nothing in this title shall be deemed to affect any defense
available, or any limitation on liability that applies to, a
defendant in a health care lawsuit or action under any other
provision of Federal law.

SEC. _11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this title shall preempt, subject
to subsections (b) and (c), State law to the extent that
State law prevents the application of any provisions of law
established by or under this title. The provisions governing
health care lawsuits set forth in this title supersede
chapter 171 of title 28, United States Code, to the extent
that such chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this title; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--No provision of this
title shall be construed to preempt any State law (whether
effective before, on, or after the date of the enactment of
this title) that specifies a particular monetary amount of
compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit,
regardless of whether such monetary amount is greater or
lesser than is provided for under this title, notwithstanding
section _05(a).
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this title
(including the State standards of negligence) shall be
governed by otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this title shall be
construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections for a
health care provider or health care institution from
liability, loss, or damages than those provided by this
title;
(B) preempt or supercede any State law that permits and
provides for the enforcement of any arbitration agreement
related to a health care liability claim whether enacted
prior to or after the date of enactment of this title;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.

SEC. _12. APPLICABILITY; EFFECTIVE DATE.

This title shall apply to any health care lawsuit brought
in a Federal or State court, or subject to an alternative
dispute resolution system, that is initiated on or after the
date of the enactment of this title, except that any health
care lawsuit arising from an injury occurring prior to the
date of enactment of this title shall be governed by the
applicable statute of limitations provisions in effect at the
time the injury occurred.
______

SA 3674. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DISCHARGES OF INDEBTEDNESS ON PRINCIPAL RESIDENCE
EXCLUDED FROM GROSS INCOME.

(a) In General.--Paragraph (1) of section 108(a) is amended
by striking ``or'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and
inserting ``, or'', and by inserting after subparagraph (D)
the following new subparagraph:
``(E) the indebtedness is qualified principal residence
indebtedness which is discharged before January 1, 2010.''.
(b) Special Rules Relating to Qualified Principal Residence
Indebtedness.--Section 108 is amended by adding at the end
the following new subsection:
``(h) Special Rules Relating to Qualified Principal
Residence Indebtedness.--
``(1) Basis reduction.--The amount excluded from gross
income by reason of subsection (a)(1)(E) shall be applied to
reduce (but not below zero) the basis of the principal
residence of the taxpayer.
``(2) Qualified principal residence indebtedness.--For
purposes of this section, the term `qualified principal
residence indebtedness' means acquisition indebtedness
(within the meaning of section 163(h)(3)(B)).
``(3) Exception for certain discharges not related to
taxpayer's financial condition.--Subsection (a)(1)(E) shall
not apply to the discharge of a loan if the discharge is on
account of services performed for the lender or any other
factor not directly related to a decline in the value of the
residence or to the financial condition of the taxpayer.
``(4) Ordering rule.--If any loan is discharged, in whole
or in part, and only a portion of such loan is qualified
principal residence indebtedness, subsection (a)(1)(E) shall
apply only to so much of the amount discharged as exceeds the
amount of the loan (as determined immediately before such
discharge) which is not qualified principal residence
indebtedness.
``(5) Principal residence.--For purposes of this
subsection, the term `principal residence' has the same
meaning as when used in section 121.''.
(c) Coordination.--
(1) Subparagraph (A) of section 108(a)(2) is amended by
striking ``and (D)'' and inserting ``(D), and (E)''.
(2) Paragraph (2) of section 108(a) is amended by adding at
the end the following new subparagraph:
``(C) Principal residence exclusion takes precedence over
insolvency exclusion unless elected otherwise.--Paragraph
(1)(B) shall not apply to a discharge to which paragraph
(1)(E) applies unless the taxpayer elects to apply paragraph
(1)(B) in lieu of paragraph (1)(E).''.
(d) Effective Date.--The amendments made by this section
shall apply to discharges of indebtedness on or after January
1, 2007.
______

SA 3675. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 1363, strike line 7 and all that follows
through page 1395, line 19 and insert the following:

Subtitle A--Individuals With Disabilities Education Trust Fund

SEC. 12101. ASSISTANCE FOR EDUCATING INDIVIDUALS WITH
DISABILITIES.

The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended
by adding at the end the following:

[[Page S14415]]

``TITLE IX--ASSISTANCE FOR EDUCATING INDIVIDUALS WITH DISABILITIES

``SEC. 901. INDIVIDUALS WITH DISABILITIES EDUCATION TRUST
FUND.

``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Individuals with Disabilities Education Trust Fund',
consisting of such amounts as may be appropriated or credited
to such Trust Fund as provided in this section.
``(b) Transfer to Trust Fund.--
``(1) In general.--There are appropriated to the
Individuals with Disabilities Education Trust Fund amounts
equivalent to 3.34 percent of the amounts received in the
general fund of the Treasury of the United States during
fiscal years 2008 through 2012 attributable to the duties
collected on articles entered, or withdrawn from warehouse,
for consumption under the Harmonized Tariff Schedule of the
United States.
``(2) Amounts based on estimates.--The amounts appropriated
under this section shall be transferred at least monthly from
the general fund of the Treasury of the United States to the
Individuals with Disabilities Education Trust Fund on the
basis of estimates made by the Secretary of the Treasury.
Proper adjustments shall be made in the amounts subsequently
transferred to the extent prior estimates were in excess of
or less than the amounts required to be transferred.
``(c) Administration.--
``(1) Reports.--The Secretary of the Treasury shall be the
trustee of the Individuals with Disabilities Education Trust
Fund and shall submit an annual report to Congress each year
on the financial condition and the results of the operations
of such Trust Fund during the preceding fiscal year and on
its expected condition and operations during the 5 fiscal
years succeeding such fiscal year. Such report shall be
printed as a House document of the session of Congress to
which the report is made.
``(2) Investment.--
``(A) In general.--The Secretary of the Treasury shall
invest such portion of the Individuals with Disabilities
Education Trust Fund as is not in his judgment required to
meet current withdrawals. Such investments may be made only
in interest bearing obligations of the United States. For
such purpose, such obligations may be acquired--
``(i) on original issue at the issue price, or
``(ii) by purchase of outstanding obligations at the market
price.
``(B) Sale of obligations.--Any obligation acquired by the
Individuals with Disabilities Education Trust Fund may be
sold by the Secretary of the Treasury at the market price.
``(C) Interest on certain proceeds.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Individuals with Disabilities Education Trust
Fund shall be credited to and form a part of such Trust Fund.
``(d) Expenditures From Trust Fund.--Amounts in the
Individuals with Disabilities Education Trust Fund shall be
available to the Secretary of Education to carry out part B
of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).''.
______

SA 3676. Mr. DURBIN (for Mrs. Feinstein (for herself and Mrs.
Hutchison)) proposed an amendment to the bill S. 597, to extend the
special postage stamp for breast cancer research for 4 years; as
follows:

In section 1, in the section heading, strike ``2-YEAR'' and
insert ``4-YEAR''.
In section 1, strike ``2009'' and insert ``2011''.
______

SA 3677. Mr. DURBIN (for Mr. Menendez) proposed an amendment to the
resolution S. Res. 299, recognizing the religious and historical
significance of the festival of Diwali; as follows:

On page 2, strike lines 4 and 5 and insert the following:
(2) in observance of Diwali, the festival of lights,
expresses its deepest respect for Indian Americans and the
Indian diaspora throughout the world on this significant
occasion.
______

SA 3678. Mr. DURBIN (for Mrs. Feinstein) proposed an amendment to the
bill S. 597, to extend the special postage stamp for breast cancer
research for 4 years; as follows:

Amend the title so as to read: ``To extend the special
postage stamp for breast cancer research for 4 years.''.

____________________