[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[Senate]
[Pages 33640-33647]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3824. Ms. STABENOW (for herself and Mr. Cochran) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 11072. DEBT FOR CONSERVATION PROGRAM.

       Section 349 of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1997) is amended--
       (1) by striking ``sec. 349. (a) For purposes of this 
     section:'' and inserting the following:

     ``SEC. 349. DEBT FOR CONSERVATION PROGRAM.

       ``(a) Definitions.--In this section:'';
       (2) in subsection (a)(4), by inserting ``, fishing, and 
     wildlife viewing'' after ``includes hunting'';
       (3) in subsection (c)--
       (A) in the heading, by striking ``Limitations'' and 
     inserting ``Eligibility''; and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) such property--
       ``(A) is wetland, upland, or highly erodible land; or
       ``(B) subject to the availability of appropriated funds, 
     will be enrolled in--
       ``(i) the wetlands reserve program established under 
     subchapter C of chapter 1 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3837 et seq.);
       ``(ii) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.); or
       ``(iii) the healthy forests reserve program established 
     under subchapter D of chapter 1 of subtitle D of title XII of 
     the Food Security Act of 1985;'';
       (4) in subsection (e)(2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) in the case of a nondelinquent loan--
       ``(i) 33 percent of the amount of the loan secured by the 
     land; or
       ``(ii) if the loan is secured by an easement on the land, 
     50 percent of the amount of the outstanding loan.'';
       (5) by redesignating subsections (f) and (g) as (g) and 
     (h), respectively;
       (6) by inserting after subsection (e) the following:
       ``(f) Limitations; Effect.--
       ``(1) Reduction of payment.--If a landowner receives 
     payments in accordance with a program described in subsection 
     (c)(1)(B), such payment shall be reduced by the amount of the 
     debt reduced or forgiven by the Secretary in accordance with 
     the program under this section.
       ``(2) Effect with respect to certain programs.--Landowners 
     in the program under this section shall be considered by the 
     Secretary as other enrollees for each program described in 
     subsection (c)(1)(B).''; and
       (7) by adding at the end the following:
       ``(h) Regulations.--As soon as practicable after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to ensure communication between the 
     Administrator of the Farm Service Agency and the Chief of the 
     Natural Resources Conservation Service to promote and carry 
     out the program under this section.''.
                                 ______
                                 
  SA 3825. Mr. GREGG proposed an amendment to amendment SA 3673 
proposed by Mr. Gregg to the amendment SA 3500 proposed by Mr. Harkin 
(for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill 
H.R. 2419, to provide for the continuation of agricultural programs 
through fiscal year 2012, and for other purposes; as follows:

       At the end of the amendment, add the following:
       ``This title shall take effect 1 day after the date of 
     enactment.''
                                 ______
                                 
  SA 3826. Mr. SANDERS proposed an amendment to amendment SA 3822 
proposed by Mr. Thune (for Mr. Gregg) to the amendment SA 3500 proposed 
by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. 
Grassley) to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

             Subtitle A--Low-Income Home Energy Assistance

     SEC. 12101. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS.

       (a) In General.--In addition to any amounts appropriated 
     under any other Federal law, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, for 
     fiscal year 2008--
       (1) $462,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $462,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Emergency Requirement.--The amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 204 of S. Con. Res. 21 (110th Congress).

     SEC. 12102. SUPPLEMENTAL AGRICULTURE DISASTER ASSISTANCE.

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

        ``TITLE IX--SUPPLEMENTAL AGRICULTURE DISASTER ASSISTANCE

     ``SEC. 901. PERMANENT AUTHORITY FOR SUPPLEMENTAL REVENUE 
                   ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Actual production history yield.--The term `actual 
     production history yield' means the weighted average actual 
     production history for each insurable commodity or 
     noninsurable commodity, as calculated under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) or the noninsured crop 
     disaster assistance program, respectively.
       ``(2) Counter-cyclical program payment yield.--The term 
     `counter-cyclical program payment yield' means the weighted 
     average payment yield established under section 1102 of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7912).
       ``(3) Disaster county.--
       ``(A) In general.--The term `disaster county' means a 
     county included in the geographic area covered by a 
     qualifying natural disaster declaration.
       ``(B) Inclusion.--The term `disaster county' includes--
       ``(i) a county contiguous to a county described in 
     subparagraph (A); and
       ``(ii) any farm in which, during a calendar year, the total 
     loss of production of the farm relating to weather is greater 
     than 50 percent of the normal production of the farm, as 
     determined by the Secretary.
       ``(4) Eligible producer on a farm.--
       ``(A) In general.--The term `eligible producer on a farm' 
     means an individual or entity described in subparagraph (B) 
     that, as determined by the Secretary, assumes the production 
     and market risks associated with the agricultural production 
     of crops or livestock.
       ``(B) Description.--An individual or entity referred to in 
     subparagraph (A) is--
       ``(i) a citizen of the United States;
       ``(ii) a resident alien;
       ``(iii) a partnership of citizens of the United States; or
       ``(iv) a corporation, limited liability corporation, or 
     other farm organizational structure organized under State 
     law.
       ``(5) Farm.--
       ``(A) In general.--The term `farm' means, in relation to an 
     eligible producer on a farm, the sum of all crop acreage in 
     all counties that --
       ``(i) is used for grazing by the eligible producer; or
       ``(ii) is planted or intended to be planted for harvest by 
     the eligible producer.
       ``(B) Aquaculture.--In the case of aquaculture, the term 
     `farm' means, in relation to an eligible producer on a farm, 
     all fish being produced in all counties that are intended to 
     be harvested for sale by the eligible producer.
       ``(C) Honey.--In the case of honey, the term `farm' means, 
     in relation to an eligible producer on a farm, all bees and 
     beehives in all counties that are intended to be harvested 
     for a honey crop by the eligible producer.
       ``(6) Farm-raised fish.--The term `farm-raised fish' means 
     any aquatic species (including any species of finfish, 
     mollusk, crustacean, or other aquatic invertebrate, 
     amphibian, reptile, or aquatic plant) that is propagated and 
     reared in a controlled or semicontrolled environment.
       ``(7) Insurable commodity.--The term `insurable commodity' 
     means an agricultural commodity (excluding livestock) for 
     which the producer on a farm is eligible to obtain a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).
       ``(8) Livestock.--The term `livestock' includes--
       ``(A) cattle (including dairy cattle);
       ``(B) bison;
       ``(C) poultry;
       ``(D) sheep;
       ``(E) swine;
       ``(F) horses; and
       ``(G) other livestock, as determined by the Secretary.
       ``(9) Moving 5-year olympic average county yield.--The term 
     `moving 5-year Olympic average county yield' means the 
     weighted average yield obtained from the 5 most recent years 
     of yield data provided by the National Agriculture Statistics 
     Service obtained from data after dropping the highest and the 
     lowest yields.
       ``(10) Noninsurable commodity.--The term `noninsurable 
     commodity' means a crop for which the eligible producers on a 
     farm are

[[Page 33641]]

     eligible to obtain assistance under the noninsured crop 
     assistance program.
       ``(11) Noninsured crop assistance program.--The term 
     `noninsured crop assistance program' means the program 
     carried out under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333).
       ``(12) Qualifying natural disaster declaration.--The term 
     `qualifying natural disaster declaration' means a natural 
     disaster declared by the Secretary for production losses 
     under section 321(a) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1961(a)).
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(14) State.--The term `State' means--
       ``(A) a State;
       ``(B) the District of Columbia;
       ``(C) the Commonwealth of Puerto Rico; and
       ``(D) any other territory or possession of the United 
     States.
       ``(15) Trust fund.--The term `Trust Fund' means the 
     Agriculture Disaster Relief Trust Fund established under 
     section 902.
       ``(16) United states.--The term `United States' when used 
     in a geographical sense, means all of the States.
       ``(b) Supplemental Revenue Assistance Payments.--
       ``(1) In general.--The Secretary shall use such sums as are 
     necessary from the Trust Fund to make crop disaster 
     assistance payments to eligible producers on farms in 
     disaster counties that have incurred crop production losses 
     or crop quality losses, or both, during the crop year.
       ``(2) Amount.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall provide crop disaster assistance payments 
     under this section to an eligible producer on a farm in an 
     amount equal to 52 percent of the difference between--
       ``(i) the disaster assistance program guarantee, as 
     described in paragraph (3); and
       ``(ii) the total farm revenue for a farm, as described in 
     paragraph (4).
       ``(B) Limitation.--The disaster assistance program 
     guarantee for a crop used to calculate the payments for a 
     farm under subparagraph (A)(i) may not be greater than 90 
     percent of the sum of the expected revenue, as described in 
     paragraph (5) for each of the crops on a farm, as determined 
     by the Secretary.
       ``(3) Supplemental revenue assistance program guarantee.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the supplemental assistance program guarantee 
     shall be the sum obtained by adding--
       ``(i) for each insurable commodity on the farm, the product 
     obtained by multiplying--

       ``(I) the greatest of--

       ``(aa) the actual production history yield;
       ``(bb) 90 percent of the moving 5-year Olympic average 
     county yield; and
       ``(cc) the counter-cyclical program payment yield for each 
     crop;

       ``(II) the percentage of the crop insurance yield 
     guarantee;
       ``(III) the percentage of crop insurance price elected by 
     the eligible producer;
       ``(IV) the crop insurance price; and
       ``(V) 115 percent; and

       ``(ii) for each noninsurable commodity on a farm, the 
     product obtained by multiplying--

       ``(I) the weighted noninsured crop assistance program yield 
     guarantee;
       ``(II) except as provided in subparagraph (B), 100 percent 
     of the noninsured crop assistance program established price; 
     and
       ``(III) 115 percent.

       ``(B) Supplemental buy-up noninsured assistance program.--
     Beginning on the date that the Secretary makes available 
     supplemental buy-up coverage under the noninsured assistance 
     program in accordance with subsection (h), the percentage 
     described in subclause (II) of subparagraph (A)(ii) shall be 
     equal to the percentage of the noninsured assistance program 
     price guarantee elected by the producer.
       ``(C) Adjustment insurance guarantee.--Notwithstanding 
     subparagraph (A), in the case of an insurable commodity for 
     which a plan of insurance provides for an adjustment in the 
     guarantee, such as in the case of prevented planting, the 
     adjusted insurance guarantee shall be the basis for 
     determining the disaster assistance program guarantee for the 
     insurable commodity.
       ``(D) Adjusted assistance level.--Notwithstanding 
     subparagraph (A), in the case of a noninsurable commodity for 
     which the noninsured crop assistance program provides for an 
     adjustment in the level of assistance, such as in the case of 
     prevented harvesting, the adjusted assistance level shall be 
     the basis for determining the disaster assistance program 
     guarantee for the noninsurable commodity.
       ``(E) Equitable treatment for non-yield based policies.--
     The Secretary shall establish equitable treatment for non-
     yield based policies and plans of insurance, such as the 
     Adjusted Gross Revenue Lite insurance program.
       ``(F) Public managed land.--Notwithstanding subparagraph 
     (A), if rangeland is managed by a Federal agency and the 
     carrying capacity of the managed rangeland is reduced as a 
     result of a disaster in the preceding year that was the basis 
     for a qualifying natural disaster declaration--
       ``(i) the calculation for the supplemental assistance 
     program guarantee determined under subparagraph (A) as the 
     guarantee applies to the managed rangeland shall be not less 
     than 75 percent of the guarantee for the preceding year; and
       ``(ii) the requirement for a designation by the Secretary 
     for the current year is waived.
       ``(4) Farm revenue.--
       ``(A) In general.--For purposes of this subsection, the 
     total farm revenue for a farm, shall equal the sum obtained 
     by adding--
       ``(i) the estimated actual value for grazing and for each 
     crop produced on a farm by using the product obtained by 
     multiplying--

       ``(I) the actual crop acreage grazed or harvested by an 
     eligible producer on a farm;
       ``(II) the estimated actual yield of the grazing land or 
     crop production; and
       ``(III) subject to subparagraphs (B) and (C), the average 
     market price received or value of the production during the 
     first 5 months of the marketing year for the county in which 
     the farm or portion of a farm is located;

       ``(ii) 20 percent of amount of any direct payments made to 
     the producer under section 1103 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7913) or of any fixed 
     direct payments made at the election of the producer in lieu 
     of that section or a subsequent section;
       ``(iii) the amount of payments for prevented planting on a 
     farm;
       ``(iv) the amount of crop insurance indemnities received by 
     an eligible producer on a farm for each crop on a farm, 
     including indemnities for grazing losses;
       ``(v) the amount of payments an eligible producer on a farm 
     received under the noninsured crop assistance program for 
     each crop on a farm, including grazing losses; and
       ``(vi) the value of any other natural disaster assistance 
     payments provided by the Federal Government to an eligible 
     producer on a farm for each crop on a farm for the same loss 
     for which the eligible producer is seeking assistance.
       ``(B) Adjustment.--The Secretary shall adjust the average 
     market price received by the eligible producer on a farm--
       ``(i) to reflect the average quality discounts applied to 
     the local or regional market price of a crop, hay, or forage 
     due to a reduction in the intrinsic characteristics of the 
     production resulting from adverse weather, as determined 
     annually by the State office of the Farm Service Agency; and
       ``(ii) to account for a crop the value of which is reduced 
     due to excess moisture resulting from a disaster-related 
     condition.
       ``(C) Maximum amount for certain crops.--With respect to a 
     crop for which an eligible producer on a farm receives 
     assistance under the noninsured crop assistance program, the 
     average market price received or value of the production 
     during the first 5 months of the marketing year for the 
     county in which the farm or portion of a farm is located 
     shall be an amount not more than 100 percent of the price of 
     the crop established under the noninsured crop assistance 
     program.
       ``(5) Expected revenue.--The expected revenue for each crop 
     on a farm shall equal the sum obtained by adding--
       ``(A) the expected value of grazing;
       ``(B) the product obtained by multiplying--
       ``(i) the greatest of--

       ``(I) the actual production history yield of the eligible 
     producer on a farm;
       ``(II) the moving 5-year Olympic average county yield; and
       ``(III) the counter-cyclical program payment yield;

       ``(ii) the acreage planted or intended to be planted for 
     each crop; and
       ``(iii) 100 percent of the insurance price guarantee; and
       ``(C) the product obtained by multiplying--
       ``(i) 100 percent of the noninsured crop assistance program 
     yield; and
       ``(ii) 100 percent of the noninsured crop assistance 
     program price for each of the crops on a farm.
       ``(c) Livestock Indemnity Payments.--
       ``(1) In general.--The Secretary shall use such sums as are 
     necessary from the Trust Fund to make livestock indemnity 
     payments to eligible producers on farms that have incurred 
     livestock death losses in excess of the normal mortality due 
     to adverse weather, as determined by the Secretary, during 
     the calendar year, including losses due to hurricanes, 
     floods, blizzards, disease, wildfires, extreme heat, and 
     extreme cold.
       ``(2) Payment rates.--Indemnity payments to an eligible 
     producer on a farm under paragraph (1) shall be made at a 
     rate of 75 percent of the market value of the applicable 
     livestock on the day before the date of death of the 
     livestock, as determined by the Secretary.
       ``(d) Emergency Assistance for Livestock, Honey Bees, and 
     Farm-Raised Fish.--
       ``(1) In general.--The Secretary shall use up to 
     $35,000,000 per year from the Trust Fund to provide emergency 
     relief to eligible producers of livestock, honey bees, and 
     farm-raised fish to aid in the reduction of losses due to 
     adverse weather or other environmental conditions, such as 
     blizzards and wildfires, as determined by the Secretary, that 
     are not covered under the authority of the Secretary to make 
     qualifying natural disaster declarations.

[[Page 33642]]

       ``(2) Use of funds.--Funds made available under this 
     subsection shall be used to reduce losses caused by feed or 
     water shortages, disease, or other factors as determined by 
     the Secretary.
       ``(3) Availability of funds.--Any funds made available 
     under this subsection and not used in a crop year shall 
     remain available until expended.
       ``(e) Tree Assistance Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible orchardist.--The term `eligible orchardist' 
     means a person that--
       ``(i) produces annual crops from trees for commercial 
     purposes; or
       ``(ii) produces nursery, ornamental, fruit, nut, or 
     Christmas trees for commercial sale.
       ``(B) Natural disaster.--The term `natural disaster' means 
     plant disease, insect infestation, drought, fire, freeze, 
     flood, earthquake, lightning, or other occurrence, as 
     determined by the Secretary.
       ``(C) Tree.--The term `tree' includes a tree, bush, and 
     vine.
       ``(2) Eligibility.--
       ``(A) Loss.--Subject to subparagraph (B), the Secretary 
     shall provide assistance under paragraph (3) to eligible 
     orchardists that planted trees for commercial purposes but 
     lost the trees as a result of a natural disaster, as 
     determined by the Secretary.
       ``(B) Limitation.--An eligible orchardist shall qualify for 
     assistance under subparagraph (A) only if the tree mortality 
     of the eligible orchardist, as a result of damaging weather 
     or related condition, exceeds 15 percent (adjusted for normal 
     mortality).
       ``(3) Assistance.--The assistance provided by the Secretary 
     to eligible orchardists for losses described in paragraph (2) 
     shall consist of--
       ``(A)(i) reimbursement of 75 percent of the cost of 
     replanting trees lost due to a natural disaster, as 
     determined by the Secretary, in excess of 15 percent 
     mortality (adjusted for normal mortality); or
       ``(ii) at the option of the Secretary, sufficient seedlings 
     to reestablish a stand; and
       ``(B) reimbursement of 50 percent of the cost of pruning, 
     removal, and other costs incurred by an eligible orchardist 
     to salvage existing trees or, in the case of tree mortality, 
     to prepare the land to replant trees as a result of damage or 
     tree mortality due to a natural disaster, as determined by 
     the Secretary, in excess of 15 percent damage or mortality 
     (adjusted for normal tree damage and mortality).
       ``(f) Plant Pest and Disease Management and Disaster 
     Prevention.--
       ``(1) Definitions.--In this subsection:
       ``(A) Early plant pest detection and surveillance.--The 
     term `early plant pest detection and surveillance' means the 
     full range of activities undertaken to find newly introduced 
     plant pests, whether the plant pests are new to the United 
     States or new to certain areas of the United States, before--
       ``(i) the plant pests become established; or
       ``(ii) the plant pest infestations become too large and 
     costly to eradicate or control.
       ``(B) Plant pest.--The term `plant pest' has the meaning 
     given such term in section 403 of the Plant Protection Act (7 
     U.S.C. 7702).
       ``(C) Specialty crop.--The term `specialty crop' has the 
     meaning given the term in section 3 of the Specialty Crops 
     Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 
     108-465).
       ``(D) State department of agriculture.--The term `State 
     department of agriculture' means an agency of a State that 
     has a legal responsibility to perform early plant pest 
     detection and surveillance activities.
       ``(2) Early plant pest detection and surveillance 
     improvement program.--
       ``(A) Cooperative agreements.--The Secretary shall enter 
     into a cooperative agreement with each State department of 
     agriculture that agrees to conduct early plant pest detection 
     and surveillance activities.
       ``(B) Consultation.--In carrying out this paragraph, the 
     Secretary shall consult with--
       ``(i) the National Plant Board;
       ``(ii) the National Association of State Departments of 
     Agriculture; and
       ``(iii) stakeholders.
       ``(C) Funds under agreements.--Each State department of 
     agriculture with which the Secretary enters into a 
     cooperative agreement under this paragraph shall receive 
     funding for each of fiscal years 2008 through 2012 in an 
     amount to be determined by the Secretary.
       ``(D) Use of funds.--
       ``(i) Plant pest detection and surveillance activities.--A 
     State department of agriculture that receives funds under 
     this paragraph shall use the funds to carry out early plant 
     pest detection and surveillance activities to prevent the 
     introduction of a plant pest or facilitate the eradication of 
     a plant pest, pursuant to a cooperative agreement.
       ``(ii) Subagreements.--Nothing in this paragraph prevents a 
     State department of agriculture from using funds received 
     under subparagraph (C) to enter into subagreements with 
     political subdivisions of the State that have legal 
     responsibilities relating to agricultural plant pest and 
     disease surveillance.
       ``(iii) Non-federal share.--The non-Federal share of the 
     cost of carrying out a cooperative agreement under this 
     section may be provided in-kind, including through provision 
     of such indirect costs of the cooperative agreement as the 
     Secretary considers to be appropriate.
       ``(E) Special funding considerations.--The Secretary shall 
     provide funds to a State department of agriculture if the 
     Secretary determines that--
       ``(i) the State department of agriculture is in a State 
     that has a high risk of being affected by 1 or more plant 
     pests; and
       ``(ii) the early plant pest detection and surveillance 
     activities supported with the funds will likely--

       ``(I) prevent the introduction and establishment of plant 
     pests; and
       ``(II) provide a comprehensive approach to compliment 
     Federal detection efforts.

       ``(F) Reporting requirement.--Not later than 180 days after 
     the date of completion of an early plant pest detection and 
     surveillance activity conducted by a State department of 
     agriculture using funds provided under this subsection, the 
     State department of agriculture shall submit to the Secretary 
     a report that describes the purposes and results of the 
     activities.
       ``(3) Threat identification and mitigation program.--
       ``(A) Establishment.--The Secretary, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service (referred to in this section as the `Secretary'), 
     shall establish a threat identification and mitigation 
     program to determine and prioritize foreign threats to the 
     domestic production of crops.
       ``(B) Requirements.--In conducting the program established 
     under subparagraph (A), the Secretary shall--
       ``(i) consult with the Director of the Center for Plant 
     Health Science and Technology;
       ``(ii) conduct, in partnership with States, early plant 
     pest detection and surveillance activities;
       ``(iii) develop risk assessments of the potential threat to 
     the agricultural industry of the United States from foreign 
     sources;
       ``(iv) collaborate with the National Plant Board on the 
     matters described in subparagraph (C);
       ``(v) implement action plans developed under subparagraph 
     (C)(ii)(I) immediately after development of the action 
     plans--

       ``(I) to test the effectiveness of the action plans; and
       ``(II) to assist in preventing the introduction and 
     widespread dissemination of new foreign and domestic plant 
     pest and disease threats in the United States; and

       ``(vi) as appropriate, consult with, and use the expertise 
     of, the Administrator of the Agricultural Research Service in 
     the development of plant pest and disease detection, control, 
     and eradication strategies.
       ``(C) Matters described.--The matters described in this 
     subparagraph are--
       ``(i) the prioritization of foreign threats to the 
     agricultural industry; and
       ``(ii) the development, in consultation with State 
     departments of agriculture and other State or regional 
     resource partnerships, of--

       ``(I) action plans that effectively address the foreign 
     threats, including pathway analysis, offshore mitigation 
     measures, and comprehensive exclusion measures at ports of 
     entry and other key distribution centers; and
       ``(II) strategies to employ if a foreign plant pest or 
     disease is introduced;

       ``(D) Reports.--Not later than 1 year after the date of 
     enactment of this paragraph, and annually thereafter, the 
     Secretary shall update and submit to Congress the priority 
     list and action plans described in subparagraph (C), 
     including an accounting of funds expended on the action 
     plans.
       ``(4) Specialty crop certification and risk management 
     systems.--The Secretary shall provide funds and technical 
     assistance to specialty crop growers, organizations 
     representing specialty crop growers, and State and local 
     agencies working with specialty crop growers and 
     organizations for the development and implementation of--
       ``(A) audit-based certification systems, such as best 
     management practices--
       ``(i) to address plant pests; and
       ``(ii) to mitigate the risk of plant pests in the movement 
     of plants and plant products; and
       ``(B) nursery plant pest risk management systems, in 
     collaboration with the nursery industry, research 
     institutions, and other appropriate entities--
       ``(i) to enable growers to identify and prioritize nursery 
     plant pests and diseases of regulatory significance;
       ``(ii) to prevent the introduction, establishment, and 
     spread of those plant pests and diseases; and
       ``(iii) to reduce the risk of, mitigate, and eradicate 
     those plant pests and diseases.
       ``(5) Funding.--The Secretary shall use from the Trust Fund 
     to carry out this subsection--
       ``(A) $10,000,000 for fiscal year 2008;
       ``(B) $25,000,000 for fiscal year 2009;
       ``(C) $40,000,000 for fiscal year 2010;
       ``(D) $50,000,000 for fiscal year 2011; and
       ``(E) $64,000,000 for fiscal year 2012.
       ``(g) Risk Management Purchase Requirement.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the eligible producers on a farm shall not be 
     eligible for assistance under this section with respect to

[[Page 33643]]

     losses to an insurable commodity or noninsurable commodity if 
     the eligible producers on the farm--
       ``(A) in the case of an insurable commodity, did not obtain 
     a policy or plan of insurance for the insurable commodity 
     under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) 
     (excluding a crop insurance pilot program under that Act) for 
     the crop incurring the losses; or
       ``(B) in the case of a noninsurable commodity, did not file 
     the required paperwork, and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity under the noninsured crop assistance program for 
     the crop incurring the losses.
       ``(2) Minimum.--To be considered to have obtained insurance 
     under paragraph (1), an eligible producer on a farm shall 
     have obtained a policy or plan of insurance with not less 
     than 50 percent yield coverage at 55 percent of the insurable 
     price for each crop grazed, planted, or intended to be 
     planted for harvest on a whole farm.
       ``(3) Waiver.--With respect to eligible producers that are 
     limited resource, minority, or beginning farmers or ranchers, 
     as determined by the Secretary, the Secretary may--
       ``(A) waive paragraph (1); and
       ``(B) provide disaster assistance under this section at a 
     level that the Secretary determines to be equitable and 
     appropriate.
       ``(4) Equitable relief.--The Secretary may provide 
     equitable relief to eligible producers on a farm that 
     unintentionally fail to meet the requirements of paragraph 
     (1) for 1 or more crops on a farm on a case-by-case basis, as 
     determined by the Secretary.
       ``(h) Supplemental Buy-up Noninsured Assistance Program.--
       ``(1) In general.--The Secretary shall establish a program 
     under which eligible producers on a farm may purchase under 
     the noninsured crop assistance program additional yield and 
     price coverage for a crop, including a forage, hay, or honey 
     crop, of--
       ``(A) 60 or 65 percent (as elected by the producers on the 
     farm) of the yield established for the crop under the 
     program; and
       ``(B) 100 percent of the price established for the crop 
     under the program.
       ``(2) Fees.--The Secretary shall establish and collect fees 
     from eligible producers on a farm participating in the 
     program established under paragraph (1) to offset all of the 
     costs of the program, as determined by the Secretary.
       ``(i) Payment Limitations.--
       ``(1) In general.--The total amount of disaster assistance 
     that an eligible producer on a farm may receive under this 
     section may not exceed $100,000.
       ``(2) AGI limitation.--Section 1001D of the Food Security 
     Act of 1985 (7 U.S.C. 1308-3a or any successor provision) 
     shall apply with respect to assistance provided under this 
     section.
       ``(j) Period of Effectiveness.--This section shall be 
     effective only for losses that are incurred as the result of 
     a disaster, adverse weather, or other environmental condition 
     that occurs on or before September 30, 2012, as determined by 
     the Secretary.

     ``SEC. 902. AGRICULTURE DISASTER RELIEF TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Agriculture Disaster Relief Trust Fund', consisting of such 
     amounts as may be appropriated or credited to such Trust Fund 
     as provided in this section.
       ``(b) Transfer to Trust Fund.--
       ``(1) In general.--There are appropriated to the 
     Agriculture Disaster Relief Trust Fund amounts equivalent to 
     3.34 percent of the amounts received in the general fund of 
     the Treasury of the United States during fiscal years 2008 
     through 2012 attributable to the duties collected on articles 
     entered, or withdrawn from warehouse, for consumption under 
     the Harmonized Tariff Schedule of the United States.
       ``(2) Amounts based on estimates.--The amounts appropriated 
     under this section shall be transferred at least monthly from 
     the general fund of the Treasury of the United States to the 
     Agriculture Disaster Relief Trust Fund on the basis of 
     estimates made by the Secretary of the Treasury. Proper 
     adjustments shall be made in the amounts subsequently 
     transferred to the extent prior estimates were in excess of 
     or less than the amounts required to be transferred.
       ``(c) Administration.--
       ``(1) Reports.--The Secretary of the Treasury shall be the 
     trustee of the Agriculture Disaster Relief Trust Fund and 
     shall submit an annual report to Congress each year on the 
     financial condition and the results of the operations of such 
     Trust Fund during the preceding fiscal year and on its 
     expected condition and operations during the 5 fiscal years 
     succeeding such fiscal year. Such report shall be printed as 
     a House document of the session of Congress to which the 
     report is made.
       ``(2) Investment.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Agriculture Disaster Relief Trust 
     Fund as is not in his judgment required to meet current 
     withdrawals. Such investments may be made only in interest 
     bearing obligations of the United States. For such purpose, 
     such obligations may be acquired--
       ``(i) on original issue at the issue price, or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(B) Sale of obligations.--Any obligation acquired by the 
     Agriculture Disaster Relief Trust Fund may be sold by the 
     Secretary of the Treasury at the market price.
       ``(C) Interest on certain proceeds.--The interest on, and 
     the proceeds from the sale or redemption of, any obligations 
     held in the Agriculture Disaster Relief Trust Fund shall be 
     credited to and form a part of such Trust Fund.
       ``(d) Expenditures From Trust Fund.--Amounts in the 
     Agriculture Disaster Relief Trust Fund shall be available for 
     the purposes of making expenditures to meet those obligations 
     of the United States incurred under section 901.
       ``(e) Authority to Borrow.--
       ``(1) In general.--There are authorized to be appropriated, 
     and are appropriated, to the Agriculture Disaster Relief 
     Trust Fund, as repayable advances, such sums as may be 
     necessary to carry out the purposes of such Trust Fund.
       ``(2) Repayment of advances.--
       ``(A) In general.--Advances made to the Agriculture 
     Disaster Relief Trust Fund shall be repaid, and interest on 
     such advances shall be paid, to the general fund of the 
     Treasury when the Secretary determines that moneys are 
     available for such purposes in such Trust Fund.
       ``(B) Rate of interest.--Interest on advances made pursuant 
     to this subsection shall be--
       ``(i) at a rate determined by the Secretary of the Treasury 
     (as of the close of the calendar month preceding the month in 
     which the advance is made) to be equal to the current average 
     market yield on outstanding marketable obligations of the 
     United States with remaining periods to maturity comparable 
     to the anticipated period during which the advance will be 
     outstanding, and
       ``(ii) compounded annually.''.
       (b) Technical Provisions Relating to the Plant Protection 
     Act.--
       (1) Section 442(c) of the Plant Protection Act (7 U.S.C. 
     7772(c)) is amended by striking ``of longer than 60 days''.
       (2) Congress disapproves the rule submitted by the 
     Secretary of Agriculture relating to cost-sharing for animal 
     and plant health emergency programs (68 Fed. Reg. 40541 
     (2003)), and such rule shall have no force or effect.
                                 ______
                                 
  SA 3827. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3822 proposed by Mr. Thune (for Mr. Gregg) to the 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 12103. EMERGENCY SERVICE ROUTE.

       Section 1948 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59; 119 Stat. 1514) is amended--
       (1) by inserting ``(a) In General.--'' before 
     ``Notwithstanding''; and
       (2) by adding at the end the following:
       ``(b) Effective Date.--This section takes effect if and 
     only on the date on which the Secretary of Energy certifies 
     to Congress that the section will not negatively impact the 
     supply or availability of heating fuel, or increase the cost 
     of heating fuel, for consumers in the Northeastern United 
     States during the 10-year period beginning on the date of the 
     certification.''.
                                 ______
                                 
  SA 3828. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3674 proposed by Mr. Gregg to the amendment SA 3500 
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. 
Grassley) to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment add the following:

     SEC. ___. USE OF AMENDED INCOME TAX RETURNS TO TAKE INTO 
                   ACCOUNT RECEIPT OF CERTAIN HURRICANE-RELATED 
                   CASUALTY LOSS GRANTS BY DISALLOWING PREVIOUSLY 
                   TAKEN CASUALTY LOSS DEDUCTIONS.

       Notwithstanding any other provision of the Internal Revenue 
     Code of 1986, if a taxpayer claims a deduction for any 
     taxable year with respect to a residential property casualty 
     loss resulting from Hurricane Katrina or Hurricane Rita and 
     in a subsequent taxable year receives a grant as 
     reimbursement for such loss from the State of Louisiana or 
     the State of Mississippi, such taxpayer may file an amended 
     income tax return for the taxable year in which such 
     deduction was allowed and disallow such deduction. Any 
     increase in Federal income tax

[[Page 33644]]

     resulting from such disallowance shall not be subject to any 
     penalty or interest under such Code if such tax is paid not 
     later than 1 year after the filing of such amended return.
                                 ______
                                 
  SA 3829. Mr. REID (for Mrs. Clinton) submitted an amendment intended 
to be proposed to amendment SA 3500 proposed by Mr. Harkin (for 
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 
2419, to provide for the continuation of agricultural programs through 
fiscal year 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 868, between lines 15 and 16, insert the following:

     SEC. 6___. COMPREHENSIVE RURAL BROADBAND.

       (a) Comprehensive Rural Broadband Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Chairman 
     of the Federal Communications Commission, in coordination 
     with the Secretary, shall submit to the Committees on Energy 
     and Commerce and Agriculture of the House of Representatives 
     and the Committees on Commerce, Science, and Transportation 
     and Agriculture, Nutrition, and Forestry of the Senate a 
     report describing a comprehensive rural broadband strategy 
     that includes--
       (A) recommendations--
       (i) to promote interagency coordination of Federal agencies 
     in regards to policies, procedures, and targeted resources, 
     and to improve and streamline the polices, programs, and 
     services;
       (ii) to coordinate among Federal agencies regarding 
     existing rural broadband or rural initiatives that could be 
     of value to rural broadband development;
       (iii) to address both short- and long-term solutions and 
     needs assessments for a rapid build-out of rural broadband 
     solutions and applications for Federal, State, regional, and 
     local government policy makers; and
       (iv) to identify how specific Federal agency programs and 
     resources can best respond to rural broadband requirements 
     and overcome obstacles that currently impede rural broadband 
     deployment; and
       (B) a description of goals and timeframes to achieve the 
     strategic plans and visions identified in the report.
       (2) Updates.--The Chairman of the Federal Communications 
     Commission, in coordination with the Secretary shall update 
     and evaluate the report described in paragraph (1) on an 
     annual basis.
       (b) Rural Broadband.--Section 306(a)(20)(E) of the 
     Consolidated Rural Development Act (7 U.S.C. 1926(a)(20)(E)) 
     is amended by striking ``dial-up Internet access or''.
                                 ______
                                 
  SA 3830. Mr. HARKIN (for himself, Mr. Kennedy, and Mr. Gregg) 
proposed an amendment to amendment SA 3500 proposed by Mr. Harkin (for 
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 
2419, to provide for the continuation of agricultural programs through 
fiscal year 2012, and for other purposes; as follows:

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

                  Subtitle __--Public Safety Officers

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2007''.

     SEC. ___2. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) State and local public safety officers play an 
     essential role in the efforts of the United States to detect, 
     prevent, and respond to terrorist attacks, and to respond to 
     natural disasters, hazardous materials, and other mass 
     casualty incidents. State and local public safety officers, 
     as first responders, are a component of our Nation's National 
     Incident Management System, developed by the Department of 
     Homeland Security to coordinate response to and recovery from 
     terrorism, major natural disasters, and other major 
     emergencies. Public safety employer-employee cooperation is 
     essential in meeting these needs and is, therefore, in the 
     National interest.
       (3) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and the representatives of their employees to reach 
     and maintain agreements concerning rates of pay, hours, and 
     working conditions, and to make all reasonable efforts 
     through negotiations to settle their differences by mutual 
     agreement reached through collective bargaining or by such 
     methods as may be provided for in any applicable agreement 
     for the settlement of disputes.
       (4) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. ___3. DEFINITIONS.

       In this subtitle:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, or political 
     subdivision of a State, that employs public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment, and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this subtitle. If no such 
     State law is in effect, the term means an individual employed 
     by a public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Person.--The term ``person'' means an individual or a 
     labor organization.
       (9) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (10) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, and 
     any territory or possession of the United States.
       (11) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this subtitle, specifically, the right to form and join a 
     labor organization, the right to bargain over wages, hours, 
     and conditions of employment, the right to sign an 
     enforceable contract, and availability of some form of 
     mechanism to break an impasse, such as arbitration, 
     mediation, or fact-finding.
       (12) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this 
     subtitle. If no such State law is in effect, the term means 
     an individual, employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. ___4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this subtitle, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b). In making such determinations, the Authority shall 
     consider and give weight, to the maximum extent practicable, 
     to the opinion of affected parties.
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).

[[Page 33645]]

       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Authority shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any person or employer aggrieved by a 
     determination of the Authority under this section may, during 
     the 60-day period beginning on the date on which the 
     determination was made, petition any United States Court of 
     Appeals in the circuit in which the person or employer 
     resides or transacts business or in the District of Columbia 
     circuit, for judicial review. In any judicial review of a 
     determination by the Authority, the procedures contained in 
     subsections (c) and (d) of section 7123 of title 5, United 
     States Code, shall be followed.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management 
     employees and supervisory employees, that is, or seeks to be, 
     recognized as the exclusive bargaining representative of such 
     employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Making available an interest impasse resolution 
     mechanism, such as fact-finding, mediation, arbitration, or 
     comparable procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure To Meet Requirements.--
       (1) In general.--If the Authority determines, acting 
     pursuant to its authority under subsection (a), that a State 
     does not substantially provide for the rights and 
     responsibilities described in subsection (b), such State 
     shall be subject to the regulations and procedures described 
     in section ___5.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date that is 2 years after the date of enactment of this 
     subtitle.

     SEC. ___5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this subtitle, the Authority shall issue 
     regulations in accordance with the rights and 
     responsibilities described in section ___4(b) establishing 
     collective bargaining procedures for employers and public 
     safety officers in States which the Authority has determined, 
     acting pursuant to section ___4(a), do not substantially 
     provide for such rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this subtitle and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a voting majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators;
       (6) protect the right of each employee to form, join, or 
     assist any labor organization, or to refrain from any such 
     activity, freely and without fear of penalty or reprisal, and 
     protect each employee in the exercise of such right; and
       (7) take such other actions as are necessary and 
     appropriate to effectively administer this subtitle, 
     including issuing subpoenas requiring the attendance and 
     testimony of witnesses and the production of documentary or 
     other evidence from any place in the United States, and 
     administering oaths, taking or ordering the taking of 
     depositions, ordering responses to written interrogatories, 
     and receiving and examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. ___6. STRIKES AND LOCKOUTS PROHIBITED.

       (a) Prohibition.--An employer, public safety officer, or 
     labor organization may not engage in a lockout, sickout, work 
     slowdown, strike, or any other action that will measurably 
     disrupt the delivery of emergency services and is designed to 
     compel an employer, public safety officer, or labor 
     organization to agree to the terms of a proposed contract.
       (b) Mandatory Terms and Conditions.--It shall not be a 
     violation of subsection (a) for a public safety officer or 
     labor organization to refuse to carry out services that are 
     not required under the mandatory terms and conditions of 
     employment applicable to the public safety officer or labor 
     organization.

     SEC. ___7. EXISTING COLLECTIVE BARGAINING UNITS AND 
                   AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) and is in 
     effect on the day before the date of enactment of this 
     subtitle shall not be invalidated by the enactment of this 
     subtitle.

     SEC. ___8. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this subtitle shall be 
     construed--
       (1) to preempt or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides greater or 
     comparable rights and responsibilities than the rights and 
     responsibilities described in section ___4(b);
       (2) to prevent a State from enforcing a right-to-work law 
     that prohibits employers and labor organizations from 
     negotiating provisions in a labor agreement that require 
     union membership or payment of union fees as a condition of 
     employment;
       (3) to preempt or limit any State law in effect on the date 
     of enactment of this subtitle that provides for the rights 
     and responsibilities described in section ___4(b) solely 
     because such State law permits an employee to appear on the 
     employee's own behalf with respect to the employee's 
     employment relations with the public safety agency involved;
       (4) to preempt or limit any State law in effect on the date 
     of enactment of this subtitle that provides for the rights 
     and responsibilities described in section ___4(b) solely 
     because such State law excludes from its coverage employees 
     of a State militia or national guard;
       (5) to permit parties in States subject to the regulations 
     and procedures described in section ___5 to negotiate 
     provisions that would prohibit an employee from engaging in 
     part-time employment or volunteer activities during off-duty 
     hours;
       (6) to prohibit a State from exempting from coverage under 
     this subtitle a political subdivision of the State that has a 
     population of less than 5,000 or that employs less than 25 
     full-time employees; or
       (7) to preempt or limit the laws or ordinances of any State 
     or political subdivision of a State that provide for the 
     rights and responsibilities described in section ___4(b) 
     solely because such law does not require bargaining with 
     respect to pension, retirement, or health benefits.

     For purposes of paragraph (6), the term ``employee'' includes 
     each and every individual employed by the political 
     subdivision except any individual elected by popular vote or 
     appointed to serve on a board or commission.
       (b) Compliance.--
       (1) Actions of states.--Nothing in this subtitle or the 
     regulations promulgated under this subtitle shall be 
     construed to require a State to rescind or preempt the laws 
     or ordinances of any of its political subdivisions if such 
     laws provide rights and responsibilities for public safety 
     officers that are comparable to or greater than the rights 
     and responsibilities described in section ___4(b).
       (2) Actions of the authority.--Nothing in this subtitle or 
     the regulations promulgated under this subtitle shall be 
     construed to preempt--
       (A) the laws or ordinances of any State or political 
     subdivision of a State, if such laws provide collective 
     bargaining rights for public safety officers that are 
     comparable to or greater than the rights enumerated in 
     section ___4(b);
       (B) the laws or ordinance of any State or political 
     subdivision of a State that provide for the rights and 
     responsibilities described in section ___4(b) with respect to 
     certain categories of public safety officers covered by this 
     subtitle solely because such rights and responsibilities have 
     not been extended

[[Page 33646]]

     to other categories of public safety officers covered by this 
     subtitle; or
       (C) the laws or ordinances of any State or political 
     subdivision of a State that provides for the rights and 
     responsibilities described in section ___4(b), solely because 
     such laws or ordinances provide that a contract or memorandum 
     of understanding between a public safety employer and a labor 
     organization must be presented to a legislative body as part 
     of the process for approving such contract or memorandum of 
     understanding.
       (3) Limited enforcement power.--In the case of a law 
     described in paragraph (2)(B), the Authority shall only 
     exercise the powers provided in section ___5 with respect to 
     those categories of public safety officers who have not been 
     afforded the rights and responsibilities described in section 
     ___4(b).
       (4) Exclusive enforcement provision.--Notwithstanding any 
     other provision of this subtitle, and in the absence of a 
     waiver of a State's sovereign immunity, the Authority shall 
     have the exclusive power to enforce the provisions of this 
     subtitle with respect to employees of a State or political 
     subdivision of a State.

     SEC. ___9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this subtitle.
                                 ______
                                 
  SA 3831. Mr. REID (for Mr. Kennedy) proposed an amendment to the bill 
S. 793, to provide for the expansion and improvement of traumatic brain 
injury programs; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reauthorization of the 
     Traumatic Brain Injury Act''.

     SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.

       Part J of title III of the Public Health Service Act (42 
     U.S.C. 280b et seq.) is amended--
       (1) by redesignating the section 393B (42 U.S.C. 280b-1c) 
     relating to the use of allotments for rape prevention 
     education, as section 393A and moving such section so that it 
     follows section 393;
       (2) by redesignating existing section 393A (42 U.S.C. 280b-
     1b) relating to prevention of traumatic brain injury, as 
     section 393B; and
       (3) by redesignating the section 393B (42 U.S.C. 280b-1d) 
     relating to traumatic brain injury registries, as section 
     393C.

     SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR 
                   DISEASE CONTROL AND PREVENTION.

       (a) Prevention of Traumatic Brain Injury.--Clause (ii) of 
     section 393B(b)(3)(A) of the Public Health Service Act, as so 
     redesignated, (42 U.S.C. 280b-1b) is amended by striking 
     ``from hospitals and trauma centers'' and inserting ``from 
     hospitals and emergency departments''.
       (b) National Program for Traumatic Brain Injury 
     Surveillance and Registries.--Section 393C of the Public 
     Health Service Act, as so redesignated, (42 U.S.C. 280b et 
     seq.) is amended--
       (1) in the section heading, by inserting ``SURVEILLANCE 
     AND'' after ``NATIONAL PROGRAM FOR TRAUMATIC BRAIN INJURY''; 
     and
       (2) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``may make grants'' and all that follows 
     through ``to collect data concerning--'' and inserting ``may 
     make grants to States or their designees to develop or 
     operate the State's traumatic brain injury surveillance 
     system or registry to determine the incidence and prevalence 
     of traumatic brain injury and related disability, to ensure 
     the uniformity of reporting under such system or registry, to 
     link individuals with traumatic brain injury to services and 
     supports, and to link such individuals with academic 
     institutions to conduct applied research that will support 
     the development of such surveillance systems and registries 
     as may be necessary. A surveillance system or registry under 
     this section shall provide for the collection of data 
     concerning--''.
       (c) Report.--Section 393C of the Public Health Service Act 
     (as so redesignated) is amended by adding at the end the 
     following:
       ``(b) Not later than 18 months after the date of enactment 
     of the Reauthorization of the Traumatic Brain Injury Act, the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention and the Director of the 
     National Institutes of Health and in consultation with the 
     Secretary of Defense and the Secretary of Veterans Affairs, 
     shall submit to the relevant committees of Congress a report 
     that contains the findings derived from an evaluation 
     concerning activities and procedures that can be implemented 
     by the Centers for Disease Control and Prevention, the 
     Department of Defense, and the Department of Veterans Affairs 
     to improve the collection and dissemination of compatible 
     epidemiological studies on the incidence and prevalence of 
     traumatic brain injury in the military and veterans 
     populations who return to civilian life. The report shall 
     include recommendations on the manner in which such agencies 
     can further collaborate on the development and improvement of 
     traumatic brain injury diagnostic tools and treatments.''.

     SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.

       Part J of title III of the Public Health Service Act (42 
     U.S.C. 280b et seq.) is amended by inserting after section 
     393C the following:

     ``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.

       ``(a) Study.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention with respect 
     to paragraph (1) and in consultation with the Director of the 
     National Institutes of Health and other appropriate entities 
     with respect to paragraphs (2), (3), and (4), may conduct a 
     study with respect to traumatic brain injury for the purpose 
     of carrying out the following:
       ``(1) In collaboration with appropriate State and local 
     health-related agencies--
       ``(A) determining the incidence of traumatic brain injury 
     and prevalence of traumatic brain injury related disability 
     and the clinical aspects of the disability in all age groups 
     and racial and ethnic minority groups in the general 
     population of the United States, including institutional 
     settings, such as nursing homes, correctional facilities, 
     psychiatric hospitals, child care facilities, and residential 
     institutes for people with developmental disabilities; and
       ``(B) reporting national trends in traumatic brain injury.
       ``(2) Identifying common therapeutic interventions which 
     are used for the rehabilitation of individuals with such 
     injuries, and, subject to the availability of information, 
     including an analysis of--
       ``(A) the effectiveness of each such intervention in 
     improving the functioning, including return to work or school 
     and community participation, of individuals with brain 
     injuries;
       ``(B) the comparative effectiveness of interventions 
     employed in the course of rehabilitation of individuals with 
     brain injuries to achieve the same or similar clinical 
     outcome; and
       ``(C) the adequacy of existing measures of outcomes and 
     knowledge of factors influencing differential outcomes.
       ``(3) Identifying interventions and therapies that can 
     prevent or remediate the development of secondary neurologic 
     conditions related to traumatic brain injury.
       ``(4) Developing practice guidelines for the rehabilitation 
     of traumatic brain injury at such time as appropriate 
     scientific research becomes available.
       ``(b) Dates Certain for Reports.--If the study is conducted 
     under subsection (a), the Secretary shall, not later than 3 
     years after the date of the enactment of the Reauthorization 
     of the Traumatic Brain Injury Act, submit to Congress a 
     report describing findings made as a result of carrying out 
     such subsection (a).
       ``(c) Definition.--For purposes of this section, the term 
     `traumatic brain injury' means an acquired injury to the 
     brain. Such term does not include brain dysfunction caused by 
     congenital or degenerative disorders, nor birth trauma, but 
     may include brain injuries caused by anoxia due to trauma 
     including near drowning. The Secretary may revise the 
     definition of such term as the Secretary determines 
     necessary.''.

     SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL 
                   INSTITUTES OF HEALTH.

       Section 1261 of the Public Health Service Act (42 U.S.C. 
     300d-61) is amended--
       (1) in subsection (b)(2), by striking ``Labor and Human 
     Resources'' and inserting ``Health, Education, Labor, and 
     Pensions'';
       (2) in subparagraph (D) of subsection (d)(4), by striking 
     ``head brain injury'' and inserting ``brain injury''; and
       (3) in subsection (i), by inserting ``, and such sums as 
     may be necessary for each of fiscal years 2008 through 2011'' 
     before the period at the end.

     SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH 
                   RESOURCES AND SERVICES ADMINISTRATION.

       (a) State Grants for Demonstration Projects Regarding 
     Traumatic Brain Injury.--Section 1252 of the Public Health 
     Service Act (42 U.S.C. 300d-52) is amended--
       (1) in subsection (a)--
       (A) by striking ``may make grants to States'' and inserting 
     ``may make grants to States and American Indian consortia''; 
     and
       (B) by striking ``health and other services'' and inserting 
     ``rehabilitation and other services'';
       (2) in subsection (b)--
       (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and 
     (3)(A)(iv), by striking the term ``State'' each place such 
     term appears and inserting the term ``State or American 
     Indian consortium''; and
       (B) in paragraph (2), by striking ``recommendations to the 
     State'' and inserting ``recommendations to the State or 
     American Indian consortium'';
       (3) in subsection (c), by striking the term ``State'' each 
     place such term appears and inserting ``State or American 
     Indian consortium'';
       (4) in subsection (e), by striking ``A State that 
     received'' and all that follows through the period and 
     inserting ``A State or American Indian consortium that 
     received a grant under this section prior to the date of the 
     enactment of the Reauthorization of the Traumatic Brain 
     Injury Act may complete the activities funded by the 
     grant.'';

[[Page 33647]]

       (5) in subsection (f)--
       (A) in the subsection heading, by inserting ``and American 
     Indian Consortium'' after ``State'';
       (B) in paragraph (1) in the matter preceding subparagraph 
     (A), paragraph (1)(E), paragraph (2)(A), paragraph (2)(B), 
     paragraph (3) in the matter preceding subparagraph (A), 
     paragraph (3)(E), and paragraph (3)(F), by striking the term 
     ``State'' each place such term appears and inserting ``State 
     or American Indian consortium'';
       (C) in clause (ii) of paragraph (1)(A), by striking 
     ``children and other individuals'' and inserting ``children, 
     youth, and adults''; and
       (D) in subsection (h)--
       (i) by striking ``Not later than 2 years after the date of 
     the enactment of this section, the Secretary'' and inserting 
     ``Not less than biennially, the Secretary'';
       (ii) by striking ``Commerce of the House of 
     Representatives, and to the Committee on Labor and Human 
     Resources'' and inserting ``Energy and Commerce of the House 
     of Representatives, and to the Committee on Health, 
     Education, Labor, and Pensions''; and
       (iii) by inserting ``and section 1253'' after ``programs 
     established under this section,'';
       (6) by amending subsection (i) to read as follows:
       ``(i) Definitions.--For purposes of this section:
       ``(1) The terms `American Indian consortium' and `State' 
     have the meanings given to those terms in section 1253.
       ``(2) The term `traumatic brain injury' means an acquired 
     injury to the brain. Such term does not include brain 
     dysfunction caused by congenital or degenerative disorders, 
     nor birth trauma, but may include brain injuries caused by 
     anoxia due to trauma. The Secretary may revise the definition 
     of such term as the Secretary determines necessary, after 
     consultation with States and other appropriate public or 
     nonprofit private entities.''; and
       (7) in subsection (j), by inserting ``, and such sums as 
     may be necessary for each of the fiscal years 2008 through 
     2011'' before the period.
       (b) State Grants for Protection and Advocacy Services.--
     Section 1253 of the Public Health Service Act (42 U.S.C. 
     300d-53) is amended--
       (1) in subsections (d) and (e), by striking the term 
     ``subsection (i)'' each place such term appears and inserting 
     ``subsection (l)'';
       (2) in subsection (g), by inserting ``each fiscal year not 
     later than October 1,'' before ``the Administrator shall 
     pay'';
       (3) by redesignating subsections (i) and (j) as subsections 
     (l) and (m), respectively;
       (4) by inserting after subsection (h) the following:
       ``(i) Data Collection.--The Administrator of the Health 
     Resources and Services Administration and the Commissioner of 
     the Administration on Developmental Disabilities shall enter 
     into an agreement to coordinate the collection of data by the 
     Administrator and the Commissioner regarding protection and 
     advocacy services.
       ``(j) Training and Technical Assistance.--
       ``(1) Grants.--For any fiscal year for which the amount 
     appropriated to carry out this section is $6,000,000 or 
     greater, the Administrator shall use 2 percent of such amount 
     to make a grant to an eligible national association for 
     providing for training and technical assistance to protection 
     and advocacy systems.
       ``(2) Definition.--In this subsection, the term `eligible 
     national association' means a national association with 
     demonstrated experience in providing training and technical 
     assistance to protection and advocacy systems.
       ``(k) System Authority.--In providing services under this 
     section, a protection and advocacy system shall have the same 
     authorities, including access to records, as such system 
     would have for purposes of providing services under subtitle 
     C of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000.''; and
       (5) in subsection (l) (as redesignated by this subsection) 
     by striking ``2005'' and inserting ``2011''.

     SEC. 7. GAO STUDY WITH RESPECT TO MEMBERS OF THE ARMED 
                   FORCES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study regarding members of the armed 
     forces who have acquired a disability resulting from a 
     traumatic brain injury incurred while serving in Operation 
     Enduring Freedom and Operation Iraqi Freedom. Such study 
     shall examine how these individuals are being reintegrated 
     into their communities, including--
       (1) what is known about this population; and
       (2) what challenges they may face in returning to their 
     communities, such as accessing employment, housing, 
     transportation, and community care programs, and coordinating 
     benefits.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Veterans' Affairs and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Veterans' Affairs and the 
     Committee on Education and the Workforce of the House of 
     Representatives, a report summarizing the results of the 
     study conducted under subsection (a).

                          ____________________