[Congressional Record Volume 153, Number 176 (Wednesday, November 14, 2007)]
[Senate]
[Pages S14406-S14415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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.''.

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