[Congressional Record Volume 158, Number 166 (Friday, December 21, 2012)]
[Senate]
[Pages S8365-S8374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3425. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and

[[Page S8366]]

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

       On page 7, lines 18 and 19, strike ``Limited resource, 
     beginning, and socially disadvantaged farmers'' and insert 
     ``Limited resource farmers, beginning farmers, and socially 
     disadvantaged farmers''.
                                 ______
                                 
  SA 3426. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3395 proposed by Mr. Reid to the bill H.R. 1, making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 81, strike lines 9 through 13 and insert the 
     following: ``Provided further, That obligations incurred for 
     the purposes provided herein prior to the enactment of this 
     Act may be charged to this appropriation: Provided further, 
     That funds appropriated in this paragraph may be used to make 
     grants for renovating, repairing, or rebuilding non-Fed-''.
                                 ______
                                 
  SA 3427. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3404 submitted by Mr. Merkley (for himself, 
Ms. Stabenow, Mrs. McCaskill, Mr. Baucus, Mr. Wyden, Mr. Franken, Mr. 
Johnson of South Dakota, and Mr. Udall of New Mexico) and intended to 
be proposed to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

           CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND


                         findings and purposes

       Sec. 111.  (a) Findings.--Congress finds that--
       (1) duties collected on imports of citrus and citrus 
     products have ranged from $50,000,000 to $87,000,000 annually 
     since 2004, and are projected to increase, as United States 
     production declines due to the effects of huanglongbing (also 
     known as ``HLB'' or ``citrus greening disease'') and imports 
     increase in response to the shortfall in the United States;
       (2) in cases involving other similarly situated 
     agricultural commodities, notably wool, the Federal 
     Government has chosen to divert a portion of the tariff 
     revenue collected on imported products to support efforts of 
     the domestic industry to address challenges facing the 
     industry;
       (3) citrus and citrus products are a highly nutritious and 
     healthy part of a balanced diet;
       (4) citrus production is an important part of the 
     agricultural economy in Florida, California, Arizona, and 
     Texas;
       (5) in the most recent years preceding the date of the 
     enactment of this Act, citrus fruits have been produced on 
     900,000 acres, yielding 11,000,000 tons of citrus products 
     with a value at the farm of more than $3,200,000,000;
       (6) the commercial citrus sector employs approximately 
     110,000 people and contributes approximately $13,500,000,000 
     to the United States economy;
       (7) the United States citrus industry has suffered billions 
     of dollars in damage from disease and pests, both domestic 
     and invasive, over the decade preceding the date of the 
     enactment of this Act, particularly from huanglongbing;
       (8) huanglongbing threatens the entire United States citrus 
     industry because the disease kills citrus trees;
       (9) as of the date of the enactment of this Act, there are 
     no cost effective or environmentally sound treatments 
     available to suppress or eradicate huanglongbing;
       (10) United States citrus producers working with Federal 
     and State governments have devoted tens of millions of 
     dollars toward research and efforts to combat huanglongbing 
     and other diseases and pests, but more funding is needed to 
     develop and commercialize disease and pest solutions;
       (11) although imports constitute an increasing share of the 
     United States market, importers of citrus products into the 
     United States do not directly fund production research in the 
     United States;
       (12) disease and pest suppression technologies require 
     determinations of safety and solutions must be commercialized 
     before use by citrus producers;
       (13) the complex processes involved in discovery and 
     commercialization of safe and effective pest and disease 
     suppression technologies are expensive and lengthy and the 
     need for the technologies is urgent; and
       (14) research to develop solutions to suppress 
     huanglongbing, or other domestic and invasive pests and 
     diseases will benefit all citrus producers and consumers 
     around the world.
       (b) Purposes.--The purposes of this title are to authorize 
     the establishment of a trust to support scientific research, 
     technical assistance, and development activities to combat 
     citrus diseases and pests, both domestic and invasive, 
     harming the United States.
       (c) Effect on Other Activities.--Nothing in this title 
     restricts the use of any funds for scientific research and 
     technical activities in the United States.


           citrus disease research and development trust fund

       Sec. 112.  (a) Establishment.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Citrus Disease Research and Development Trust Fund'' (in 
     this section referred to as the ``Trust Fund''), consisting 
     of such amounts as may be transferred to the Trust Fund under 
     subsection (b)(1) and any amounts that may be credited to the 
     Trust Fund under subsection (d)(2).
       (b) Transfer of Amounts.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     Agriculture shall--
       (A) transfer to the Trust Fund from amounts appropriated to 
     the Secretary under this title an amount the Secretary 
     determines to be necessary for the purposes described in 
     subsection (c)(2); and
       (B) reduce on a pro rata basis amounts appropriated for 
     other programs under this title by the amount transferred to 
     the Trust Fund under subparagraph (A).
       (2) Limitation.--The amount transferred to the Trust Fund 
     under paragraph (1)(A) may not exceed $30,000,000.
       (c) Availability of Amounts in Trust Fund.--
       (1) Amounts available until expended.--Amounts in the Trust 
     Fund shall remain available until expended without further 
     appropriation.
       (2) Availability for citrus disease research and 
     development expenditures.--Amounts in the Trust Fund shall be 
     available to the Secretary of Agriculture--
       (A) for expenditures relating to citrus disease research 
     and development under section 113, including costs relating 
     to contracts or other agreements entered into to carry out 
     citrus disease research and development; and
       (B) to cover administrative costs incurred by the Secretary 
     in carrying out the provisions of that section.
       (d) Investment of Trust Fund.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Trust Fund as is not required to meet 
     current withdrawals in interest-bearing obligations of the 
     United States or in obligations guaranteed as to both 
     principal and interest by the United States. Such obligations 
     may be acquired on original issue at the issue price or by 
     purchase of outstanding obligations at the market price. Any 
     obligation acquired by the Trust Fund may be sold by the 
     Secretary of the Treasury at the market price.
       (2) Interest and proceeds from sale or redemption of 
     obligations.--The interest on, and the proceeds from the sale 
     or redemption of, any obligations held in the Trust Fund 
     shall be credited to and form a part of the Trust Fund.
       (e) Reports to Congress.--Not later than January 15, 2013, 
     and each year thereafter until the year after the termination 
     of the Trust Fund, the Secretary of the Treasury, in 
     consultation with the Secretary of Agriculture, shall submit 
     to Congress a report on the financial condition and the 
     results of the operations of the Trust Fund that includes--
       (1) a detailed description of the amounts disbursed from 
     the Trust Fund in the preceding fiscal year and the manner in 
     which those amounts were expended;
       (2) an assessment of the financial condition and the 
     operations of the Trust Fund for the current fiscal year; and
       (3) an assessment of the amounts available in the Trust 
     Fund for future expenditures.
       (f) Sunset Provision.--The Trust Fund shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act and all amounts in the 
     Trust Fund on December 31 of that fifth calendar year shall 
     be transferred to the general fund of the Treasury.


   citrus disease research and development trust fund advisory board

       Sec. 113.  (a) Purpose.--The purpose of this section is to 
     establish an orderly procedure and financing mechanism for 
     the development of an effective and coordinated program of 
     research and product development relating to--
       (1) scientific research concerning diseases and pests, both 
     domestic and invasive, afflicting the citrus industry; and
       (2) support for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Citrus Disease 
     Research and Development Trust Fund established under section 
     112 or through other research projects intended to solve 
     problems caused by citrus production diseases and invasive 
     pests.
       (b) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Citrus Disease 
     Research and Development Trust Fund Advisory Board 
     established under this section.
       (2) Citrus.--
       (A) In general.--The term ``citrus'' means edible fruit of 
     the family Rutaceae, commonly called ``citrus''.
       (B) Inclusion.--The term ``citrus'' includes all citrus 
     hybrids and products of citrus hybrids that are produced for 
     commercial purposes in the United States.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Person.--The term ``person'' means any individual, 
     group of individuals, firm, partnership, corporation, joint 
     stock company,

[[Page S8367]]

     association, cooperative, or other legal entity.
       (5) Producer.--The term ``producer'' means any person that 
     is engaged in the domestic production and commercial sale of 
     citrus in the United States.
       (6) Program.--The term ``program'' means the citrus 
     research and development program authorized under this 
     section.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
     Disease Research and Development Trust Fund established under 
     section 112.
       (c) Implementation.--
       (1) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.
       (2) Citrus advisory board.--
       (A) Establishment and membership.--
       (i) Establishment.--The Citrus Disease Research and 
     Development Trust Fund Advisory Board shall consist of 9 
     members.
       (ii) Membership.--The members of the Board shall be 
     appointed by the Secretary.
       (iii) Status.--Members of the Board represent the interests 
     of the citrus industry and shall not be considered officers 
     or employees of the Federal Government solely due to 
     membership on the Board.
       (B) Distribution of appointments.--The membership of the 
     Board shall consist of--
       (i) 5 members who are domestic producers of citrus in 
     Florida;
       (ii) 3 members who are domestic producers of citrus in 
     Arizona or California; and
       (iii) 1 member who is a domestic producer of citrus in 
     Texas.
       (C) Consultation.--Prior to making appointments to the 
     Board, the Secretary shall consult with organizations 
     composed primarily of citrus producers to receive advice and 
     recommendations regarding Board membership.
       (D) Board vacancies.--
       (i) In general.--The Secretary shall appoint a new Board 
     member to serve the remainder of a term vacated by a 
     departing Board member.
       (ii) Requirements.--When filling a vacancy on the Board, 
     the Secretary shall--

       (I) appoint a citrus producer from the same State as the 
     Board member being replaced; and
       (II) prior to making an appointment, consult with 
     organizations in that State composed primarily of citrus 
     producers to receive advice and recommendations regarding the 
     vacancy.

       (E) Terms.--
       (i) In general.--Except as provided in clause (ii), each 
     term of appointment to the Board shall be for 5 years.
       (ii) Initial appointments.--In making initial appointments 
     to the Board, the Secretary shall appoint \1/3\ of the 
     members to terms of 1, 3, and 5 years, respectively.
       (F) Disqualification from board service.--If a member or 
     alternate of the Board who was appointed as a domestic 
     producer ceases to be a producer in the State from which the 
     member was appointed, or fails to fulfill the duties of the 
     member according to the rules established by the Board under 
     paragraph (4)(A)(ii), the member or alternate shall be 
     disqualified from serving on the Board.
       (G) Compensation.--
       (i) In general.--The members of the Board shall serve 
     without compensation, other than travel expenses described in 
     clause (ii).
       (ii) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (3) Powers.--
       (A) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (B) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (C) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     the services of volunteers serving without compensation.
       (D) Technical and logistical support.--Subject to the 
     availability of funds, the Secretary shall provide to the 
     Board technical and logistical support through contract or 
     other means, including--
       (i) procuring the services of experts and consultants in 
     accordance with section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the highest rate payable under section 5332 of 
     that title; and
       (ii) entering into contracts with departments, agencies, 
     and instrumentalities of the Federal Government, State 
     agencies, and private entities for the preparation of 
     reports, surveys, and other activities.
       (E) Detail of federal government employees.--
       (i) In general.--An employee of the Federal Government may 
     be detailed to the Commission on a reimbursable or 
     nonreimbursable basis.
       (ii) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (F) General services administration.--The Administrator of 
     General Services shall provide to the Board on a reimbursable 
     basis administrative support and other services for the 
     performance of the duties of the Board.
       (G) Other departments and agencies.--Departments and 
     agencies of the United States may provide to the Board such 
     services, funds, facilities, staff, and other support 
     services as may be appropriate.
       (4) General responsibilities of the board.--
       (A) In general.--The regulations promulgated by the 
     Secretary shall define the general responsibilities of the 
     Board, which shall include the responsibilities--
       (i) to meet, organize, and select from among the members of 
     the Board a chairperson, other officers, and committees and 
     subcommittees, as the Board determines to be appropriate;
       (ii) to adopt and amend rules and regulations governing the 
     conduct of the activities of the Board and the performance of 
     the duties of the Board;
       (iii) to hire such experts and consultants as the Board 
     considers necessary to enable the Board to perform the duties 
     of the Board;
       (iv) to advise the Secretary on citrus research and 
     development needs;
       (v) to propose a research and development agenda and annual 
     budgets for the Trust Fund;
       (vi) to evaluate and review ongoing research funded by 
     Trust Fund;
       (vii) to engage in regular consultation and collaboration 
     with the Department and other institutional, governmental, 
     and private actors conducting scientific research into the 
     causes or treatments of citrus diseases and pests, both 
     domestic and invasive, so as to--

       (I) maximize the effectiveness of the activities;
       (II) hasten the development of useful treatments; and
       (III) avoid duplicative and wasteful expenditures; and

       (viii) to provide the Secretary with such information and 
     advice as the Secretary may request.
       (5) Citrus research and development agenda and budgets.--
       (A) In general.--The Board shall submit annually to the 
     Secretary a proposed research and development agenda and 
     budget for the Trust Fund, which shall include--
       (i) an evaluation of ongoing research and development 
     efforts;
       (ii) specific recommendations for new citrus research 
     projects;
       (iii) a plan for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Trust Fund; and
       (iv) a justification for Trust Fund expenditures.
       (B) Affirmative support required.--A research and 
     development agenda and budget may not be submitted by the 
     Board to the Secretary without the affirmative support of at 
     least 7 members of the Board.
       (C) Secretarial approval.--
       (i) In general.--Not later than 60 days after receiving the 
     proposed research and development agenda and budget from the 
     Board and consulting with the Board, the Secretary shall 
     finalize a citrus research and development agenda and Trust 
     Fund budget.
       (ii) Considerations.--In finalizing the agenda and budget, 
     the Secretary shall--

       (I) due to the proximity of citrus producers to the effects 
     of diseases such as huanglongbing and the quickly evolving 
     nature of scientific understanding of the effect of the 
     diseases on citrus production, give strong deference to the 
     proposed research and development agenda and budget from the 
     Board; and
       (II) take into account other public and private citrus-
     related research and development projects and funding.

       (D) Report to congress.--Each year, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Finance of the Senate a report that includes--
       (i) the most recent citrus research and development agenda 
     and budget of the Secretary;
       (ii) an analysis of how, why, and to what extent the agenda 
     and budget finalized by the Secretary differs from the 
     proposal of the Board;
       (iii) an examination of new developments in the spread and 
     control of citrus diseases and pests;
       (iv) a discussion of projected research needs; and
       (v) a review of the effectiveness of the Trust Fund in 
     achieving the purpose described in subsection (a).
       (6) Contracts and agreements.--To ensure the efficient use 
     of funds, the Secretary may enter into contracts or 
     agreements with public or private entities for the 
     implementation of a plan or project for citrus research.
       (d) Administrative Costs.--Each fiscal year, the Secretary 
     may transfer up to $2,000,000 of amounts in the Trust Fund to 
     the Board for expenses incurred by the Board in carrying out 
     the duties of the Board.
       (e) Termination of Board.--The Board shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 3428. Mr. NELSON of Florida submitted an amendment intended to be

[[Page S8368]]

proposed to amendment SA 3404 submitted by Mr. Merkley (for himself, 
Ms. Stabenow, Mrs. McCaskill, Mr. Baucus, Mr. Wyden, Mr. Franken, Mr. 
Johnson of South Dakota, and Mr. Udall of New Mexico) and intended to 
be proposed to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

           CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND


                         findings and purposes

       Sec. 111.  (a) Findings.--Congress finds that--
       (1) duties collected on imports of citrus and citrus 
     products have ranged from $50,000,000 to $87,000,000 annually 
     since 2004, and are projected to increase, as United States 
     production declines due to the effects of huanglongbing (also 
     known as ``HLB'' or ``citrus greening disease'') and imports 
     increase in response to the shortfall in the United States;
       (2) in cases involving other similarly situated 
     agricultural commodities, notably wool, the Federal 
     Government has chosen to divert a portion of the tariff 
     revenue collected on imported products to support efforts of 
     the domestic industry to address challenges facing the 
     industry;
       (3) citrus and citrus products are a highly nutritious and 
     healthy part of a balanced diet;
       (4) citrus production is an important part of the 
     agricultural economy in Florida, California, Arizona, and 
     Texas;
       (5) in the most recent years preceding the date of the 
     enactment of this Act, citrus fruits have been produced on 
     900,000 acres, yielding 11,000,000 tons of citrus products 
     with a value at the farm of more than $3,200,000,000;
       (6) the commercial citrus sector employs approximately 
     110,000 people and contributes approximately $13,500,000,000 
     to the United States economy;
       (7) the United States citrus industry has suffered billions 
     of dollars in damage from disease and pests, both domestic 
     and invasive, over the decade preceding the date of the 
     enactment of this Act, particularly from huanglongbing;
       (8) huanglongbing threatens the entire United States citrus 
     industry because the disease kills citrus trees;
       (9) as of the date of the enactment of this Act, there are 
     no cost effective or environmentally sound treatments 
     available to suppress or eradicate huanglongbing;
       (10) United States citrus producers working with Federal 
     and State governments have devoted tens of millions of 
     dollars toward research and efforts to combat huanglongbing 
     and other diseases and pests, but more funding is needed to 
     develop and commercialize disease and pest solutions;
       (11) although imports constitute an increasing share of the 
     United States market, importers of citrus products into the 
     United States do not directly fund production research in the 
     United States;
       (12) disease and pest suppression technologies require 
     determinations of safety and solutions must be commercialized 
     before use by citrus producers;
       (13) the complex processes involved in discovery and 
     commercialization of safe and effective pest and disease 
     suppression technologies are expensive and lengthy and the 
     need for the technologies is urgent; and
       (14) research to develop solutions to suppress 
     huanglongbing, or other domestic and invasive pests and 
     diseases will benefit all citrus producers and consumers 
     around the world.
       (b) Purposes.--The purposes of this title are to authorize 
     the establishment of a trust to support scientific research, 
     technical assistance, and development activities to combat 
     citrus diseases and pests, both domestic and invasive, 
     harming the United States.
       (c) Effect on Other Activities.--Nothing in this title 
     restricts the use of any funds for scientific research and 
     technical activities in the United States.


           citrus disease research and development trust fund

       Sec. 112.  (a) Establishment.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Citrus Disease Research and Development Trust Fund'' (in 
     this section referred to as the ``Trust Fund''), consisting 
     of such amounts as may be transferred to the Trust Fund under 
     subsection (b)(1) and any amounts that may be credited to the 
     Trust Fund under subsection (d)(2).
       (b) Transfer of Amounts.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     Agriculture shall transfer to the Trust Fund, from the funds 
     of the Commodity Credit Corporation that the Secretary would 
     have otherwise used to carry out the amendments made by 
     sections 101 and 102, an amount the Secretary determines to 
     be necessary for the purposes described in subsection (c)(2).
       (2) Limitation.--The amount transferred to the Trust Fund 
     under paragraph (1) may not exceed $30,000,000.
       (c) Availability of Amounts in Trust Fund.--
       (1) Amounts available until expended.--Amounts in the Trust 
     Fund shall remain available until expended without further 
     appropriation.
       (2) Availability for citrus disease research and 
     development expenditures.--Amounts in the Trust Fund shall be 
     available to the Secretary of Agriculture--
       (A) for expenditures relating to citrus disease research 
     and development under section 113, including costs relating 
     to contracts or other agreements entered into to carry out 
     citrus disease research and development; and
       (B) to cover administrative costs incurred by the Secretary 
     in carrying out the provisions of that section.
       (d) Investment of Trust Fund.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Trust Fund as is not required to meet 
     current withdrawals in interest-bearing obligations of the 
     United States or in obligations guaranteed as to both 
     principal and interest by the United States. Such obligations 
     may be acquired on original issue at the issue price or by 
     purchase of outstanding obligations at the market price. Any 
     obligation acquired by the Trust Fund may be sold by the 
     Secretary of the Treasury at the market price.
       (2) Interest and proceeds from sale or redemption of 
     obligations.--The interest on, and the proceeds from the sale 
     or redemption of, any obligations held in the Trust Fund 
     shall be credited to and form a part of the Trust Fund.
       (e) Reports to Congress.--Not later than January 15, 2013, 
     and each year thereafter until the year after the termination 
     of the Trust Fund, the Secretary of the Treasury, in 
     consultation with the Secretary of Agriculture, shall submit 
     to Congress a report on the financial condition and the 
     results of the operations of the Trust Fund that includes--
       (1) a detailed description of the amounts disbursed from 
     the Trust Fund in the preceding fiscal year and the manner in 
     which those amounts were expended;
       (2) an assessment of the financial condition and the 
     operations of the Trust Fund for the current fiscal year; and
       (3) an assessment of the amounts available in the Trust 
     Fund for future expenditures.
       (f) Sunset Provision.--The Trust Fund shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act and all amounts in the 
     Trust Fund on December 31 of that fifth calendar year shall 
     be transferred to the general fund of the Treasury.


   citrus disease research and development trust fund advisory board

       Sec. 113.  (a) Purpose.--The purpose of this section is to 
     establish an orderly procedure and financing mechanism for 
     the development of an effective and coordinated program of 
     research and product development relating to--
       (1) scientific research concerning diseases and pests, both 
     domestic and invasive, afflicting the citrus industry; and
       (2) support for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Citrus Disease 
     Research and Development Trust Fund established under section 
     112 or through other research projects intended to solve 
     problems caused by citrus production diseases and invasive 
     pests.
       (b) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Citrus Disease 
     Research and Development Trust Fund Advisory Board 
     established under this section.
       (2) Citrus.--
       (A) In general.--The term ``citrus'' means edible fruit of 
     the family Rutaceae, commonly called ``citrus''.
       (B) Inclusion.--The term ``citrus'' includes all citrus 
     hybrids and products of citrus hybrids that are produced for 
     commercial purposes in the United States.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Person.--The term ``person'' means any individual, 
     group of individuals, firm, partnership, corporation, joint 
     stock company, association, cooperative, or other legal 
     entity.
       (5) Producer.--The term ``producer'' means any person that 
     is engaged in the domestic production and commercial sale of 
     citrus in the United States.
       (6) Program.--The term ``program'' means the citrus 
     research and development program authorized under this 
     section.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
     Disease Research and Development Trust Fund established under 
     section 112.
       (c) Implementation.--
       (1) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.
       (2) Citrus advisory board.--
       (A) Establishment and membership.--
       (i) Establishment.--The Citrus Disease Research and 
     Development Trust Fund Advisory Board shall consist of 9 
     members.
       (ii) Membership.--The members of the Board shall be 
     appointed by the Secretary.
       (iii) Status.--Members of the Board represent the interests 
     of the citrus industry and shall not be considered officers 
     or employees of the Federal Government solely due to 
     membership on the Board.
       (B) Distribution of appointments.--The membership of the 
     Board shall consist of--
       (i) 5 members who are domestic producers of citrus in 
     Florida;

[[Page S8369]]

       (ii) 3 members who are domestic producers of citrus in 
     Arizona or California; and
       (iii) 1 member who is a domestic producer of citrus in 
     Texas.
       (C) Consultation.--Prior to making appointments to the 
     Board, the Secretary shall consult with organizations 
     composed primarily of citrus producers to receive advice and 
     recommendations regarding Board membership.
       (D) Board vacancies.--
       (i) In general.--The Secretary shall appoint a new Board 
     member to serve the remainder of a term vacated by a 
     departing Board member.
       (ii) Requirements.--When filling a vacancy on the Board, 
     the Secretary shall--

       (I) appoint a citrus producer from the same State as the 
     Board member being replaced; and
       (II) prior to making an appointment, consult with 
     organizations in that State composed primarily of citrus 
     producers to receive advice and recommendations regarding the 
     vacancy.

       (E) Terms.--
       (i) In general.--Except as provided in clause (ii), each 
     term of appointment to the Board shall be for 5 years.
       (ii) Initial appointments.--In making initial appointments 
     to the Board, the Secretary shall appoint \1/3\ of the 
     members to terms of 1, 3, and 5 years, respectively.
       (F) Disqualification from board service.--If a member or 
     alternate of the Board who was appointed as a domestic 
     producer ceases to be a producer in the State from which the 
     member was appointed, or fails to fulfill the duties of the 
     member according to the rules established by the Board under 
     paragraph (4)(A)(ii), the member or alternate shall be 
     disqualified from serving on the Board.
       (G) Compensation.--
       (i) In general.--The members of the Board shall serve 
     without compensation, other than travel expenses described in 
     clause (ii).
       (ii) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (3) Powers.--
       (A) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (B) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (C) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     the services of volunteers serving without compensation.
       (D) Technical and logistical support.--Subject to the 
     availability of funds, the Secretary shall provide to the 
     Board technical and logistical support through contract or 
     other means, including--
       (i) procuring the services of experts and consultants in 
     accordance with section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the highest rate payable under section 5332 of 
     that title; and
       (ii) entering into contracts with departments, agencies, 
     and instrumentalities of the Federal Government, State 
     agencies, and private entities for the preparation of 
     reports, surveys, and other activities.
       (E) Detail of federal government employees.--
       (i) In general.--An employee of the Federal Government may 
     be detailed to the Commission on a reimbursable or 
     nonreimbursable basis.
       (ii) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (F) General services administration.--The Administrator of 
     General Services shall provide to the Board on a reimbursable 
     basis administrative support and other services for the 
     performance of the duties of the Board.
       (G) Other departments and agencies.--Departments and 
     agencies of the United States may provide to the Board such 
     services, funds, facilities, staff, and other support 
     services as may be appropriate.
       (4) General responsibilities of the board.--
       (A) In general.--The regulations promulgated by the 
     Secretary shall define the general responsibilities of the 
     Board, which shall include the responsibilities--
       (i) to meet, organize, and select from among the members of 
     the Board a chairperson, other officers, and committees and 
     subcommittees, as the Board determines to be appropriate;
       (ii) to adopt and amend rules and regulations governing the 
     conduct of the activities of the Board and the performance of 
     the duties of the Board;
       (iii) to hire such experts and consultants as the Board 
     considers necessary to enable the Board to perform the duties 
     of the Board;
       (iv) to advise the Secretary on citrus research and 
     development needs;
       (v) to propose a research and development agenda and annual 
     budgets for the Trust Fund;
       (vi) to evaluate and review ongoing research funded by 
     Trust Fund;
       (vii) to engage in regular consultation and collaboration 
     with the Department and other institutional, governmental, 
     and private actors conducting scientific research into the 
     causes or treatments of citrus diseases and pests, both 
     domestic and invasive, so as to--

       (I) maximize the effectiveness of the activities;
       (II) hasten the development of useful treatments; and
       (III) avoid duplicative and wasteful expenditures; and

       (viii) to provide the Secretary with such information and 
     advice as the Secretary may request.
       (5) Citrus research and development agenda and budgets.--
       (A) In general.--The Board shall submit annually to the 
     Secretary a proposed research and development agenda and 
     budget for the Trust Fund, which shall include--
       (i) an evaluation of ongoing research and development 
     efforts;
       (ii) specific recommendations for new citrus research 
     projects;
       (iii) a plan for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Trust Fund; and
       (iv) a justification for Trust Fund expenditures.
       (B) Affirmative support required.--A research and 
     development agenda and budget may not be submitted by the 
     Board to the Secretary without the affirmative support of at 
     least 7 members of the Board.
       (C) Secretarial approval.--
       (i) In general.--Not later than 60 days after receiving the 
     proposed research and development agenda and budget from the 
     Board and consulting with the Board, the Secretary shall 
     finalize a citrus research and development agenda and Trust 
     Fund budget.
       (ii) Considerations.--In finalizing the agenda and budget, 
     the Secretary shall--

       (I) due to the proximity of citrus producers to the effects 
     of diseases such as huanglongbing and the quickly evolving 
     nature of scientific understanding of the effect of the 
     diseases on citrus production, give strong deference to the 
     proposed research and development agenda and budget from the 
     Board; and
       (II) take into account other public and private citrus-
     related research and development projects and funding.

       (D) Report to congress.--Each year, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Finance of the Senate a report that includes--
       (i) the most recent citrus research and development agenda 
     and budget of the Secretary;
       (ii) an analysis of how, why, and to what extent the agenda 
     and budget finalized by the Secretary differs from the 
     proposal of the Board;
       (iii) an examination of new developments in the spread and 
     control of citrus diseases and pests;
       (iv) a discussion of projected research needs; and
       (v) a review of the effectiveness of the Trust Fund in 
     achieving the purpose described in subsection (a).
       (6) Contracts and agreements.--To ensure the efficient use 
     of funds, the Secretary may enter into contracts or 
     agreements with public or private entities for the 
     implementation of a plan or project for citrus research.
       (d) Administrative Costs.--Each fiscal year, the Secretary 
     may transfer up to $2,000,000 of amounts in the Trust Fund to 
     the Board for expenses incurred by the Board in carrying out 
     the duties of the Board.
       (e) Termination of Board.--The Board shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 3429. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3404 submitted by Mr. Merkley (for himself, 
Ms. Stabenow, Mrs. McCaskill, Mr. Baucus, Mr. Wyden, Mr. Franken, Mr. 
Johnson of South Dakota, and Mr. Udall of New Mexico) and intended to 
be proposed to the bill H.R. 1, making appropriations for the 
Department of Defense and the other departments and agencies of the 
Government for the fiscal year ending September 30, 2011, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

                               Subtitle B

           Citrus Disease Research and Development Trust Fund


                              short title

       Sec. 111. This subtitle may be cited as the ``Citrus 
     Disease Research and Development Trust Fund Act of 2012''.


                         findings and purposes

       Sec. 112.  (a) Findings.--Congress finds that--
       (1) duties collected on imports of citrus and citrus 
     products have ranged from $50,000,000 to $87,000,000 annually 
     since 2004, and are projected to increase, as United States 
     production declines due to the effects of huanglongbing (also 
     known as ``HLB'' or ``citrus greening disease'') and imports 
     increase in response to the shortfall in the United States;

[[Page S8370]]

       (2) in cases involving other similarly situated 
     agricultural commodities, notably wool, the Federal 
     Government has chosen to divert a portion of the tariff 
     revenue collected on imported products to support efforts of 
     the domestic industry to address challenges facing the 
     industry;
       (3) citrus and citrus products are a highly nutritious and 
     healthy part of a balanced diet;
       (4) citrus production is an important part of the 
     agricultural economy in Florida, California, Arizona, and 
     Texas;
       (5) in the most recent years preceding the date of the 
     enactment of this Act, citrus fruits have been produced on 
     900,000 acres, yielding 11,000,000 tons of citrus products 
     with a value at the farm of more than $3,200,000,000;
       (6) the commercial citrus sector employs approximately 
     110,000 people and contributes approximately $13,500,000,000 
     to the United States economy;
       (7) the United States citrus industry has suffered billions 
     of dollars in damage from disease and pests, both domestic 
     and invasive, over the decade preceding the date of the 
     enactment of this Act, particularly from huanglongbing;
       (8) huanglongbing threatens the entire United States citrus 
     industry because the disease kills citrus trees;
       (9) as of the date of the enactment of this Act, there are 
     no cost effective or environmentally sound treatments 
     available to suppress or eradicate huanglongbing;
       (10) United States citrus producers working with Federal 
     and State governments have devoted tens of millions of 
     dollars toward research and efforts to combat huanglongbing 
     and other diseases and pests, but more funding is needed to 
     develop and commercialize disease and pest solutions;
       (11) although imports constitute an increasing share of the 
     United States market, importers of citrus products into the 
     United States do not directly fund production research in the 
     United States;
       (12) disease and pest suppression technologies require 
     determinations of safety and solutions must be commercialized 
     before use by citrus producers;
       (13) the complex processes involved in discovery and 
     commercialization of safe and effective pest and disease 
     suppression technologies are expensive and lengthy and the 
     need for the technologies is urgent; and
       (14) research to develop solutions to suppress 
     huanglongbing, or other domestic and invasive pests and 
     diseases will benefit all citrus producers and consumers 
     around the world.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to authorize the establishment of a trust funded by 
     certain tariff revenues to support scientific research, 
     technical assistance, and development activities to combat 
     citrus diseases and pests, both domestic and invasive, 
     harming the United States; and
       (2) to require the President to notify the chairperson and 
     ranking member of the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives before entering into any trade agreement that 
     would decrease the amount of duties collected on imports of 
     citrus products to less than the amount necessary to provide 
     the grants authorized by section 1001(d) of the Trade Act of 
     1974, as added by section 113(a) of this Act.
       (c) Effect on Other Activities.--Nothing in this subtitle 
     restricts the use of any funds for scientific research and 
     technical activities in the United States.


           citrus disease research and development trust fund

       Sec. 113.  (a) In General.--The Trade Act of 1974 (19 
     U.S.C. 2102 et seq.) is amended by adding at the end the 
     following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

     ``SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST 
                   FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the `Citrus 
     Disease Research and Development Trust Fund' (in this section 
     referred to as the `Trust Fund'), consisting of such amounts 
     as may be transferred to the Trust Fund under subsection 
     (b)(1) and any amounts that may be credited to the Trust Fund 
     under subsection (d)(2).
       ``(b) Transfer of Amounts.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     of the Treasury shall transfer to the Trust Fund, from the 
     general fund of the Treasury, amounts determined by the 
     Secretary to be equivalent to amounts received in the general 
     fund that are attributable to the duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States.
       ``(2) Limitation.--The amount transferred to the Trust Fund 
     under paragraph (1) in any fiscal year may not exceed the 
     lesser of--
       ``(A) an amount equal to \1/3\ of the amount attributable 
     to the duties received on articles described in paragraph 
     (1); or
       ``(B) $30,000,000.
       ``(c) Availability of Amounts in Trust Fund.--
       ``(1) Amounts available until expended.--Amounts in the 
     Trust Fund shall remain available until expended without 
     further appropriation.
       ``(2) Availability for citrus disease research and 
     development expenditures.--Amounts in the Trust Fund shall be 
     available to the Secretary of Agriculture--
       ``(A) for expenditures relating to citrus disease research 
     and development under section 114 of the Citrus Disease 
     Research and Development Trust Fund Act of 2012, including 
     costs relating to contracts or other agreements entered into 
     to carry out citrus disease research and development; and
       ``(B) to cover administrative costs incurred by the 
     Secretary in carrying out the provisions of that Act.
       ``(d) Investment of Trust Fund.--
       ``(1) In general.--The Secretary of the Treasury shall 
     invest such portion of the Trust Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States. Such obligations 
     may be acquired on original issue at the issue price or by 
     purchase of outstanding obligations at the market price. Any 
     obligation acquired by the Trust Fund may be sold by the 
     Secretary of the Treasury at the market price.
       ``(2) Interest and proceeds from sale or redemption of 
     obligations.--The interest on, and the proceeds from the sale 
     or redemption of, any obligations held in the Trust Fund 
     shall be credited to and form a part of the Trust Fund.
       ``(e) Reports to Congress.--Not later than January 15, 
     2013, and each year thereafter until the year after the 
     termination of the Trust Fund, the Secretary of the Treasury, 
     in consultation with the Secretary of Agriculture, shall 
     submit to Congress a report on the financial condition and 
     the results of the operations of the Trust Fund that 
     includes--
       ``(1) a detailed description of the amounts disbursed from 
     the Trust Fund in the preceding fiscal year and the manner in 
     which those amounts were expended;
       ``(2) an assessment of the financial condition and the 
     operations of the Trust Fund for the current fiscal year; and
       ``(3) an assessment of the amounts available in the Trust 
     Fund for future expenditures.
       ``(f) Remission of Surplus Funds.--The Secretary of the 
     Treasury may remit to the general fund of the Treasury such 
     amounts as the Secretary of Agriculture reports to be in 
     excess of the amounts necessary to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.
       ``(g) Sunset Provision.--The Trust Fund shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of the Citrus Disease Research and 
     Development Trust Fund Act of 2012 and all amounts in the 
     Trust Fund on December 31 of that fifth calendar year shall 
     be transferred to the general fund of the Treasury.

     ``SEC. 1002. REPORTS REQUIRED BEFORE ENTERING INTO CERTAIN 
                   TRADE AGREEMENTS.

       ``The President shall notify the chairperson and ranking 
     member of the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     not later than 90 days before entering into a trade agreement 
     if the President determines that entering into the trade 
     agreement could result--
       ``(1) in a decrease in the amount of duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States; and
       ``(2) in a decrease in the amount of funds being 
     transferred into the Citrus Disease Research and Development 
     Trust Fund under section 1001 so that amounts available in 
     the Trust Fund are insufficient to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by adding at the end the 
     following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

``Sec. 1001. Citrus Disease Research and Development Trust Fund.
``Sec. 1002. Reports required before entering into certain trade 
              agreements.''.


   citrus disease research and development trust fund advisory board

       Sec. 114.  (a) Purpose.--The purpose of this section is to 
     establish an orderly procedure and financing mechanism for 
     the development of an effective and coordinated program of 
     research and product development relating to--
       (1) scientific research concerning diseases and pests, both 
     domestic and invasive, afflicting the citrus industry; and
       (2) support for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Citrus Disease 
     Research and Development Trust Fund established under section 
     1001 of the Trade Act of 1974, as added by section 113(a) of 
     this Act, or through other research projects intended to 
     solve problems caused by citrus production diseases and 
     invasive pests.
       (b) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Citrus Disease 
     Research and Development Trust Fund Advisory Board 
     established under this section.
       (2) Citrus.--
       (A) In general.--The term ``citrus'' means edible fruit of 
     the family Rutaceae, commonly called ``citrus''.

[[Page S8371]]

       (B) Inclusion.--The term ``citrus'' includes all citrus 
     hybrids and products of citrus hybrids that are produced for 
     commercial purposes in the United States.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Person.--The term ``person'' means any individual, 
     group of individuals, firm, partnership, corporation, joint 
     stock company, association, cooperative, or other legal 
     entity.
       (5) Producer.--The term ``producer'' means any person that 
     is engaged in the domestic production and commercial sale of 
     citrus in the United States.
       (6) Program.--The term ``program'' means the citrus 
     research and development program authorized under this 
     section.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
     Disease Research and Development Trust Fund established under 
     section 1001 of the Trade Act of 1974, as added by section 
     113(a) of this Act.
       (c) Implementation.--
       (1) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.
       (2) Citrus advisory board.--
       (A) Establishment and membership.--
       (i) Establishment.--The Citrus Disease Research and 
     Development Trust Fund Advisory Board shall consist of 9 
     members.
       (ii) Membership.--The members of the Board shall be 
     appointed by the Secretary.
       (iii) Status.--Members of the Board represent the interests 
     of the citrus industry and shall not be considered officers 
     or employees of the Federal Government solely due to 
     membership on the Board.
       (B) Distribution of appointments.--The membership of the 
     Board shall consist of--
       (i) 5 members who are domestic producers of citrus in 
     Florida;
       (ii) 3 members who are domestic producers of citrus in 
     Arizona or California; and
       (iii) 1 member who is a domestic producer of citrus in 
     Texas.
       (C) Consultation.--Prior to making appointments to the 
     Board, the Secretary shall consult with organizations 
     composed primarily of citrus producers to receive advice and 
     recommendations regarding Board membership.
       (D) Board vacancies.--
       (i) In general.--The Secretary shall appoint a new Board 
     member to serve the remainder of a term vacated by a 
     departing Board member.
       (ii) Requirements.--When filling a vacancy on the Board, 
     the Secretary shall--

       (I) appoint a citrus producer from the same State as the 
     Board member being replaced; and
       (II) prior to making an appointment, consult with 
     organizations in that State composed primarily of citrus 
     producers to receive advice and recommendations regarding the 
     vacancy.

       (E) Terms.--
       (i) In general.--Except as provided in clause (ii), each 
     term of appointment to the Board shall be for 5 years.
       (ii) Initial appointments.--In making initial appointments 
     to the Board, the Secretary shall appoint \1/3\ of the 
     members to terms of 1, 3, and 5 years, respectively.
       (F) Disqualification from board service.--If a member or 
     alternate of the Board who was appointed as a domestic 
     producer ceases to be a producer in the State from which the 
     member was appointed, or fails to fulfill the duties of the 
     member according to the rules established by the Board under 
     paragraph (4)(A)(ii), the member or alternate shall be 
     disqualified from serving on the Board.
       (G) Compensation.--
       (i) In general.--The members of the Board shall serve 
     without compensation, other than travel expenses described in 
     clause (ii).
       (ii) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (3) Powers.--
       (A) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (B) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (C) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     the services of volunteers serving without compensation.
       (D) Technical and logistical support.--Subject to the 
     availability of funds, the Secretary shall provide to the 
     Board technical and logistical support through contract or 
     other means, including--
       (i) procuring the services of experts and consultants in 
     accordance with section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the highest rate payable under section 5332 of 
     that title; and
       (ii) entering into contracts with departments, agencies, 
     and instrumentalities of the Federal Government, State 
     agencies, and private entities for the preparation of 
     reports, surveys, and other activities.
       (E) Detail of federal government employees.--
       (i) In general.--An employee of the Federal Government may 
     be detailed to the Commission on a reimbursable or 
     nonreimbursable basis.
       (ii) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (F) General services administration.--The Administrator of 
     General Services shall provide to the Board on a reimbursable 
     basis administrative support and other services for the 
     performance of the duties of the Board.
       (G) Other departments and agencies.--Departments and 
     agencies of the United States may provide to the Board such 
     services, funds, facilities, staff, and other support 
     services as may be appropriate.
       (4) General responsibilities of the board.--
       (A) In general.--The regulations promulgated by the 
     Secretary shall define the general responsibilities of the 
     Board, which shall include the responsibilities--
       (i) to meet, organize, and select from among the members of 
     the Board a chairperson, other officers, and committees and 
     subcommittees, as the Board determines to be appropriate;
       (ii) to adopt and amend rules and regulations governing the 
     conduct of the activities of the Board and the performance of 
     the duties of the Board;
       (iii) to hire such experts and consultants as the Board 
     considers necessary to enable the Board to perform the duties 
     of the Board;
       (iv) to advise the Secretary on citrus research and 
     development needs;
       (v) to propose a research and development agenda and annual 
     budgets for the Trust Fund;
       (vi) to evaluate and review ongoing research funded by 
     Trust Fund;
       (vii) to engage in regular consultation and collaboration 
     with the Department and other institutional, governmental, 
     and private actors conducting scientific research into the 
     causes or treatments of citrus diseases and pests, both 
     domestic and invasive, so as to--

       (I) maximize the effectiveness of the activities;
       (II) hasten the development of useful treatments; and
       (III) avoid duplicative and wasteful expenditures; and

       (viii) to provide the Secretary with such information and 
     advice as the Secretary may request.
       (5) Citrus research and development agenda and budgets.--
       (A) In general.--The Board shall submit annually to the 
     Secretary a proposed research and development agenda and 
     budget for the Trust Fund, which shall include--
       (i) an evaluation of ongoing research and development 
     efforts;
       (ii) specific recommendations for new citrus research 
     projects;
       (iii) a plan for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Trust Fund; and
       (iv) a justification for Trust Fund expenditures.
       (B) Affirmative support required.--A research and 
     development agenda and budget may not be submitted by the 
     Board to the Secretary without the affirmative support of at 
     least 7 members of the Board.
       (C) Secretarial approval.--
       (i) In general.--Not later than 60 days after receiving the 
     proposed research and development agenda and budget from the 
     Board and consulting with the Board, the Secretary shall 
     finalize a citrus research and development agenda and Trust 
     Fund budget.
       (ii) Considerations.--In finalizing the agenda and budget, 
     the Secretary shall--

       (I) due to the proximity of citrus producers to the effects 
     of diseases such as huanglongbing and the quickly evolving 
     nature of scientific understanding of the effect of the 
     diseases on citrus production, give strong deference to the 
     proposed research and development agenda and budget from the 
     Board; and
       (II) take into account other public and private citrus-
     related research and development projects and funding.

       (D) Report to congress.--Each year, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Finance of the Senate a report that includes--
       (i) the most recent citrus research and development agenda 
     and budget of the Secretary;
       (ii) an analysis of how, why, and to what extent the agenda 
     and budget finalized by the Secretary differs from the 
     proposal of the Board;
       (iii) an examination of new developments in the spread and 
     control of citrus diseases and pests;
       (iv) a discussion of projected research needs; and
       (v) a review of the effectiveness of the Trust Fund in 
     achieving the purpose described in subsection (a).
       (6) Contracts and agreements.--To ensure the efficient use 
     of funds, the Secretary may enter into contracts or 
     agreements with public or private entities for the 
     implementation of a plan or project for citrus research.
       (d) Administrative Costs.--Each fiscal year, the Secretary 
     may transfer up to $2,000,000 of amounts in the Trust Fund to

[[Page S8372]]

     the Board for expenses incurred by the Board in carrying out 
     the duties of the Board.
       (e) Termination of Board.--The Board shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of this Act.


             time for payment of corporate estimated taxes

       Sec. 115. Notwithstanding section 6655 of the Internal 
     Revenue Code of 1986--
       (1) in the case of a corporation with assets of not less 
     than $1,000,000,000 (determined as of the end of the 
     preceding taxable year), the amount of any required 
     installment of corporate estimated tax which is otherwise due 
     in July, August, or September of 2017 shall be increased by 
     0.25 percent of such amount (determined without regard to any 
     increase in such amount not contained in such Code); and
       (2) the amount of the next required installment after an 
     installment referred to in paragraph (1) shall be 
     appropriately reduced to reflect the amount of the increase 
     by reason of such paragraph.


                     extension of customs user fees

       Sec. 116. Section 13031(j)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 
     amended by adding at the end the following:
       ``(C)(i) Notwithstanding subparagraph (A), fees may be 
     charged under paragraphs (9) and (10) of subsection (a) 
     during the period beginning on October 23, 2021, and ending 
     on November 6, 2021.
       ``(ii) Notwithstanding subparagraph (B)(i), fees may be 
     charged under paragraphs (1) through (8) of subsection (a) 
     during the period beginning on October 30, 2021, and ending 
     on November 13, 2021.''.
                                 ______
                                 
  SA 3430. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, strike line 1 and insert the following:
       (m) Houses of Worship.--For purposes of providing 
     assistance under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) relating to 
     a major disaster declared by the President under section 401 
     of such Act (42 U.S.C. 5170) relating to Hurricane Sandy, the 
     term ``private nonprofit facility'' shall include a house of 
     worship.
       (n) Applicability.--Unless otherwise specified,
                                 ______
                                 
  SA 3431. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, strike line 1 and insert the following:
       (m) Houses of Worship.--Section 102(10)(B) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(10)(B)) is amended by inserting ``houses of 
     worship and'' before ``any private nonprofit facility''.
       (n) Applicability.--Unless otherwise specified,
                                 ______
                                 
  SA 3432. Mr. REID (for Mr. Vitter (for himself, Mr. Warner, Mr. 
Nelson of Florida, and Ms. Landrieu)) proposed an amendment to the bill 
H.R. 4212, to prevent the introduction into commerce of unsafe drywall, 
to ensure the manufacturer of drywall is readily identifiable, to 
ensure that problematic drywall removed from homes is not reused, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Drywall Safety Act of 
     2012''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Secretary of Commerce should insist that the 
     Government of the People's Republic of China, which has 
     ownership interests in the companies that manufactured and 
     exported problematic drywall to the United States, facilitate 
     a meeting between the companies and representatives of the 
     United States Government on remedying homeowners that have 
     problematic drywall in their homes; and
       (2) the Secretary of Commerce should insist that the 
     Government of the People's Republic of China direct the 
     companies that manufactured and exported problematic drywall 
     to submit to jurisdiction in United States Federal Courts and 
     comply with any decisions issued by the Courts for homeowners 
     with problematic drywall.

     SEC. 3. DRYWALL LABELING REQUIREMENT.

       (a) Labeling Requirement.--Beginning 180 days after the 
     date of the enactment of this Act, the gypsum board labeling 
     provisions of standard ASTM C1264-11 of ASTM International, 
     as in effect on the day before the date of the enactment of 
     this Act, shall be treated as a rule promulgated by the 
     Consumer Product Safety Commission under section 14(c) of the 
     Consumer Product Safety Act (15 U.S.C. 2063(c)).
       (b) Revision of Standard.--If the gypsum board labeling 
     provisions of the standard referred to in subsection (a) are 
     revised on or after the date of the enactment of this Act, 
     ASTM International shall notify the Commission of such 
     revision no later than 60 days after final approval of the 
     revision by ASTM International. The revised provisions shall 
     be treated as a rule promulgated by the Commission under 
     section 14(c) of such Act (15 U.S.C. 2063(c)), in lieu of the 
     prior version, effective 180 days after the Commission is 
     notified of the revision (or such later date as the 
     Commission considers appropriate), unless within 90 days 
     after receiving that notice the Commission determines that 
     the revised provisions do not adequately identify gypsum 
     board by manufacturer and month and year of manufacture, in 
     which case the Commission shall continue to enforce the prior 
     version.

     SEC. 4. SULFUR CONTENT IN DRYWALL STANDARD.

       (a) Rule on Sulfur Content in Drywall Required.--Except as 
     provided in subsection (c), not later than 2 years after the 
     date of the enactment of this Act, the Consumer Product 
     Safety Commission shall promulgate a final rule pertaining to 
     drywall manufactured or imported for use in the United States 
     that limits sulfur content to a level not associated with 
     elevated rates of corrosion in the home.
       (b) Rule Making; Consumer Product Safety Standard.--A rule 
     under subsection (a)--
       (1) shall be promulgated in accordance with section 553 of 
     title 5, United States Code; and
       (2) shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).
       (c) Exception.--
       (1) Voluntary standard.--Subsection (a) shall not apply if 
     the Commission determines that--
       (A) a voluntary standard pertaining to drywall manufactured 
     or imported for use in the United States limits sulfur 
     content to a level not associated with elevated rates of 
     corrosion in the home;
       (B) such voluntary standard is or will be in effect not 
     later than two years after the date of enactment of this Act; 
     and
       (C) such voluntary standard is developed by Subcommittee 
     C11.01 on Specifications and Test Methods for Gypsum Products 
     of ASTM International.
       (2) Federal register.--Any determination made under 
     paragraph (1) shall be published in the Federal Register.
       (d) Treatment of Voluntary Standard for Purposes of 
     Enforcement.--If the Commission determines that a voluntary 
     standard meets the conditions in subsection (c)(1), the 
     sulfur content limit in such voluntary standard shall be 
     treated as a consumer product safety rule promulgated under 
     section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) 
     beginning on the date that is the later of--
       (1) 180 days after publication of the Commission's 
     determination under subsection (c); or
       (2) the effective date contained in the voluntary standard.
       (e) Revision of Voluntary Standard.--If the sulfur content 
     limit of a voluntary standard that met the conditions of 
     subsection (c)(1) is subsequently revised, the organization 
     responsible for the standard shall notify the Commission no 
     later than 60 days after final approval of the revision. The 
     sulfur content limit of the revised voluntary standard shall 
     become enforceable as a Commission rule promulgated under 
     section 9 of the Consumer Product Safety Act (15 U.S.C. 
     2058), in lieu of the prior version, effective 180 days after 
     the Commission is notified of the revision (or such later 
     date as the Commission considers appropriate), unless within 
     90 days after receiving that notice the Commission determines 
     that the sulfur content limit of the revised voluntary 
     standard does not meet the requirements of subsection 
     (c)(1)(A), in which case the Commission shall continue to 
     enforce the prior version.
       (f) Future Rulemaking.--The Commission, at any time 
     subsequent to publication of the consumer product safety rule 
     required by subsection (a) or a determination under 
     subsection (c), may initiate a rulemaking in accordance with 
     section 553 of title 5, United States Code, to modify the 
     sulfur content limit or to include any provision relating 
     only to the composition or characteristics of drywall that 
     the Commission determines is reasonably necessary to protect 
     public health or safety. Any rule promulgated under this 
     subsection shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).

     SEC. 5. REVISION OF REMEDIATION GUIDANCE FOR DRYWALL DISPOSAL 
                   REQUIRED.

       Not later than 120 days after the date of the enactment of 
     this Act, the Consumer Product Safety Commission shall revise 
     its guidance entitled ``Remediation Guidance for Homes with 
     Corrosion from Problem Drywall'' to specify that problematic 
     drywall removed from homes pursuant to the guidance should 
     not be reused or used as a component in production of new 
     drywall.
                                 ______
                                 
  SA 3433. Mr. REID (for Mrs. McCaskill (for herself and Mr. Blunt)) 
proposed an amendment to the bill H.R.

[[Page S8373]]

6364, to establish a commission to ensure a suitable observance of the 
centennial of World War I, to provide for the designation of memorials 
to the service of members of the United States Armed Forces in World 
War I, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``World War 
     I Centennial Commission Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of World War I Centennial Commission.
Sec. 5. Duties of Centennial Commission.
Sec. 6. Powers of Centennial Commission.
Sec. 7. Centennial Commission personnel matters.
Sec. 8. Termination of Centennial Commission.
Sec. 9. Prohibition on obligation of Federal funds.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) From 2014 through 2018, the United States and nations 
     around the world will mark the centennial of World War I, 
     including the entry of the United States into the war in 
     April 1917.
       (2) America's support of Great Britain, France, Belgium, 
     and its other allies in World War I marked the first time in 
     United States history that American soldiers went abroad in 
     defense of liberty against foreign aggression, and it marked 
     the true beginning of the ``American century''.
       (3) Although World War I was at the time called ``the war 
     to end all wars'', in fact the United States would commit its 
     troops to the defense of foreign lands 3 more times in the 
     20th century.
       (4) More than 4,000,000 men and women from the United 
     States served in uniform during World War I, among them 2 
     future presidents, Harry S. Truman and Dwight D. Eisenhower. 
     Two million individuals from the United States served 
     overseas during World War I, including 200,000 naval 
     personnel who served on the seas. The United States suffered 
     375,000 casualties during World War I, including 116,516 
     deaths.
       (5) The events of 1914 through 1918 shaped the world, the 
     United States, and the lives of millions of people.
       (6) The centennial of World War I offers an opportunity for 
     people in the United States to learn about and commemorate 
     the sacrifices of their predecessors.
       (7) Commemorative programs, activities, and sites allow 
     people in the United States to learn about the history of 
     World War I, the United States involvement in that war, and 
     the war's effects on the remainder of the 20th century, and 
     to commemorate and honor the participation of the United 
     States and its citizens in the war effort.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) America's national world war i museum.--The term 
     ``America's National World War I Museum'' means the Liberty 
     Memorial Museum in Kansas City, Missouri, as recognized by 
     Congress in section 1031(b) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 2045).
       (2) Centennial commission.--The term ``Centennial 
     Commission'' means the World War I Centennial Commission 
     established by section 4(a).
       (3) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.

     SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``World War I Centennial Commission''.
       (b) Membership.--
       (1) Composition.--The Centennial Commission shall be 
     composed of 12 members as follows:
       (A) Two members who shall be appointed by the Speaker of 
     the House of Representatives.
       (B) One member who shall be appointed by the minority 
     leader of the House of Representatives.
       (C) Two members who shall be appointed by the majority 
     leader of the Senate.
       (D) One member who shall be appointed by the minority 
     leader of the Senate.
       (E) Three members who shall be appointed by the President 
     from among persons who are broadly representative of the 
     people of the United States (including members of the Armed 
     Forces, veterans, and representatives of veterans service 
     organizations).
       (F) One member who shall be appointed by the executive 
     director of the Veterans of Foreign Wars of the United 
     States.
       (G) One member who shall be appointed by the executive 
     director of the American Legion.
       (H) One member who shall be appointed by the president of 
     the Liberty Memorial Association.
       (2) Time for appointment.--The members of the Centennial 
     Commission shall be appointed not later than 60 days after 
     the date of the enactment of this Act.
       (3) Period of appointment.--Each member shall be appointed 
     for the life of the Centennial Commission.
       (4) Vacancies.--A vacancy in the Centennial Commission 
     shall be filled in the manner in which the original 
     appointment was made.
       (c) Meetings.--
       (1) Initial meeting.--
       (A) In general.--Not later than 30 days after the date on 
     which all members of the Centennial Commission have been 
     appointed, the Centennial Commission shall hold its first 
     meeting.
       (B) Location.--The location for the meeting held under 
     subparagraph (A) shall be the America's National World War I 
     Museum.
       (2) Subsequent meetings.--
       (A) In general.--The Centennial Commission shall meet at 
     the call of the Chair.
       (B) Frequency.--The Chair shall call a meeting of the 
     members of the Centennial Commission not less frequently than 
     once each year.
       (C) Location.--Not less frequently than once each year, the 
     Centennial Commission shall meet at the America's National 
     World War I Museum.
       (3) Quorum.--Seven members of the Centennial Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (d) Chair and Vice Chair.--The Centennial Commission shall 
     select a Chair and Vice Chair from among its members.

     SEC. 5. DUTIES OF CENTENNIAL COMMISSION.

       (a) In General.--The duties of the Centennial Commission 
     are as follows:
       (1) To plan, develop, and execute programs, projects, and 
     activities to commemorate the centennial of World War I.
       (2) To encourage private organizations and State and local 
     governments to organize and participate in activities 
     commemorating the centennial of World War I.
       (3) To facilitate and coordinate activities throughout the 
     United States relating to the centennial of World War I.
       (4) To serve as a clearinghouse for the collection and 
     dissemination of information about events and plans for the 
     centennial of World War I.
       (5) To develop recommendations for Congress and the 
     President for commemorating the centennial of World War I.
       (b) Reports.--
       (1) Periodic report.--Not later than the last day of the 6-
     month period beginning on the date of the enactment of this 
     Act, and not later than the last day of each 3-month period 
     thereafter, the Centennial Commission shall submit to 
     Congress and the President a report on the activities and 
     plans of the Centennial Commission.
       (2) Recommendations.--Not later than 2 years after the date 
     of the enactment of this Act, the Centennial Commission shall 
     submit to Congress and the President a report containing 
     specific recommendations for commemorating the centennial of 
     World War I and coordinating related activities.

     SEC. 6. POWERS OF CENTENNIAL COMMISSION.

       (a) Hearings.--The Centennial Commission may hold such 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence as the Centennial 
     Commission considers appropriate to carry out its duties 
     under this Act.
       (b) Powers of Member and Agents.--If authorized by the 
     Centennial Commission, any member or agent of the Centennial 
     Commission may take any action which the Centennial 
     Commission is authorized to take under this Act.
       (c) Information From Federal Agencies.--The Centennial 
     Commission shall secure directly from any Federal department 
     or agency such information as the Centennial Commission 
     considers necessary to carry out the provisions of this Act. 
     Upon the request of the Chair of the Centennial Commission, 
     the head of such department or agency shall furnish such 
     information to the Centennial Commission.
       (d) Administrative Support Services.--Upon the request of 
     the Centennial Commission, the Administrator of the General 
     Services Administration shall provide to the Centennial 
     Commission, on a reimbursable basis, the administrative 
     support services necessary for the Centennial Commission to 
     carry out its responsibilities under this Act.
       (e) Contract Authority.--
       (1) In general.--Except as provided in paragraph (2), the 
     Centennial Commission is authorized--
       (A) to procure supplies, services, and property; and
       (B) to make or enter into contracts, leases, or other legal 
     agreements.
       (2) Limitation.--The Centennial Commission may not enter 
     into any contract, lease, or other legal agreement that 
     extends beyond the date of the termination of the Centennial 
     Commission under section 8(a).
       (f) Postal Services.--The Centennial Commission may use the 
     United States mails in the same manner and under the same 
     conditions as other departments and agencies of the Federal 
     Government.
       (g) Gifts, Bequests, and Devises.--The Centennial 
     Commission shall accept, use, and dispose of gifts, bequests, 
     or devises of services or property, both real and personal, 
     for the purpose of covering the costs incurred by the 
     Centennial Commission to carry out its duties under this Act.

     SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Members of the Centennial 
     Commission shall serve without compensation for such service.

[[Page S8374]]

       (b) Travel Expenses.--Each member of the Centennial 
     Commission shall be allowed travel expenses, including per 
     diem in lieu of subsistence, in accordance with the 
     applicable provisions of title 5, United States Code.
       (c) Staff.--
       (1) In general.--The Chair of the Centennial Commission 
     shall, in consultation with the members of the Centennial 
     Commission, appoint an executive director and such other 
     additional personnel as may be necessary to enable the 
     Centennial Commission to perform its duties.
       (2) Compensation.--
       (A) In general.--Subject to subparagraph (B), the Chair of 
     the Centennial Commission may fix the compensation of the 
     executive director and any other personnel appointed under 
     paragraph (1).
       (B) Limitation.--The Chair of the Centennial Commission may 
     not fix the compensation of the executive director or other 
     personnel appointed under paragraph (1) at a rate that 
     exceeds the rate of payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (C) Work location.--If the city government for Kansas City, 
     Missouri, and the Liberty Memorial Association make space 
     available in the building in which the America's National 
     World War I Museum is located, the executive director of the 
     Centennial Commission and other personnel appointed under 
     paragraph (1) shall work in such building to the extent 
     practical.
       (d) Detail of Government Employees.--Upon request of the 
     Centennial Commission, the head of any Federal department or 
     agency may detail, on a reimbursable basis, any employee of 
     that department or agency to the Centennial Commission to 
     assist it in carrying out its duties under this Act.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chair of the Centennial Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code.
       (f) Source of Funds.--Gifts, bequests, and devises of 
     services or property, both real and personal, received by the 
     Centennial Commission under section 6(g) shall be the only 
     source of funds to cover the costs incurred by the Centennial 
     Commission under this section.

     SEC. 8. TERMINATION OF CENTENNIAL COMMISSION.

       (a) In General.--The Centennial Commission shall terminate 
     on the earlier of--
       (1) the date that is 30 days after the date the completion 
     of the activities under this Act honoring the centennial 
     observation of World War I; or
       (2) July 28, 2019.
       (b) Application of Federal Advisory Committee Act.--
       (1) In general.--Except as provided in paragraph (2), the 
     provisions of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the activities of the Centennial 
     Commission under this Act.
       (2) Exception.--Section 14(a)(2) of such Act shall not 
     apply to the Centennial Commission.

     SEC. 9. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.

       No Federal funds may be obligated to carry out this Act.
                                 ______
                                 
  SA 3434. Mr. REID (for Mr. Vitter (for himself and Mr. Brown of 
Ohio)) proposed an amendment to the bill S. 3709, to require a 
Government Accountability Office examination of transactions between 
large financial institutions and the Federal Government, and for other 
purposes.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 
                   TRANSACTIONS BETWEEN LARGE FINANCIAL COMPANIES 
                   AND THE FEDERAL GOVERNMENT.

       (a) Definitions.--For purposes of this Act--
       (1) the term ``covered institution'' means any bank holding 
     company having more than $500,000,000,000 in consolidated 
     assets; and
       (2) the term ``economic benefit'' means the difference 
     between actual loans terms offered, debt or equity prices, or 
     asset values and a reasonable estimate of what such terms, 
     prices, or values might have been, as determined by examining 
     actual values of comparable transaction in the private 
     markets or by estimating the values of comparable 
     transactions priced to properly reflect associated risk.
       (b) GAO Study.--The Comptroller General of the United 
     States (in this section referred to as the ``Comptroller'') 
     shall conduct a study of covered institutions, such as--
       (1) the favorable pricing of the debt of such institutions, 
     relative to their risk profile resulting from the perception 
     that such institutions will receive Government support in the 
     event of any financial stress;
       (2) any favorable funding or economic treatment resulting 
     from an increase in the credit rating for covered 
     institutions, as a result of express, implied, or perceived 
     Government support;
       (3) any economic benefit to covered institutions resulting 
     from the ownership of, or affiliation with, an insured 
     depository institution;
       (4) any economic benefit resulting from the status of 
     covered institutions as a bank holding company, including 
     access to Federal deposit insurance and the discount window 
     of the Board of Governors of the Federal Reserve System 
     before the date of enactment of this Act;
       (5) any economic benefit received through extraordinary 
     Government actions taken, such as--
       (A) actions by the Department of the Treasury--
       (i) under the Emergency Economic Stabilization Act, such 
     as--

       (I) asset purchases by the United States Government;
       (II) capital injections from the United States Government; 
     or
       (III) housing programs; or

       (ii) by the purchase of the mortgage backed securities of 
     the Federal National Mortgage Association and the Federal 
     Home Loan Mortgage Corporation (in this Act referred to as 
     ``government-sponsored enterprises''), in order to lower 
     interest rates, and the value of such securities in the 
     absence of such purchases;
       (B) actions by the Board of Governors of the Federal 
     Reserve System prior to the date of enactment of this Act, 
     such as--
       (i) providing loans to financial institutions through the 
     Term Auction Facility; and
       (ii) assistance through programs under section 13(3) of the 
     Federal Reserve Act prior to the date of enactment of this 
     Act, such as--

       (I) lending through the Commercial Paper Funding Facility;
       (II) securities lending to primary dealers through the 
     Primary Dealer Credit Facility and the Term Securities 
     Lending Facility;
       (III) lending to institutions through the Term Asset-Backed 
     Securities Loan Facility; or
       (IV) purchasing assets through the Maiden Lane facility; 
     and

       (C) actions by the Federal Deposit Insurance Corporation, 
     such as--
       (i) guaranteeing debt or deposits through the Temporary 
     Liquidity Guarantee Program; or
       (ii) pricing of assessments related to any such guarantees; 
     and
       (6) any extraordinary assistance provided to American 
     Insurance Group, but ultimately received by one of the 
     covered institutions; and
       (7) any Government actions that resulted in the payment or 
     nonpayment of credit default swap contracts entered into by a 
     covered institution.

     SEC. 2. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller shall submit a report to Congress 
     detailing the findings of the Comptroller in the study 
     conducted under this Act. Such report shall be made 
     electronically available to the public, except that any 
     proprietary, sensitive, or confidential information shall be 
     redacted in any release to the public.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed to provide authority 
     inconsistent with, or to otherwise affect, section 714 of 
     title 31 United States Code.

                          ____________________