[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 20612-20620]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2241. Mr. JOHANNS (for himself, Mr. Nelson of Nebraska, Mr. Levin, 
and Ms. Stabenow) submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       On page 19, line 9, before the period, insert the 
     following: ``: Provided further, That of the amount available 
     under this heading, at least $17,764,000 shall be used for 
     the tuberculosis program (including at least $3,000,000 for 
     tuberculosis indemnity and depopulation)''.
                                 ______
                                 
  SA 2242. Mr. JOHANNS (for himself and Mr. Nelson of Nebraska) 
submitted an amendment intended to be proposed to amendment SA 1908 
submitted by Mr. Kohl (for himself and Mr. Brownback) to the bill H.R. 
2997, making appropriations for Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies programs for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 17, line 8, strike ``$911,394,000'' and insert 
     ``$913,394,000, of which $17,764,000 shall be used for the 
     tuberculosis program (including at least $3,000,000 for 
     tuberculosis indemnity and depopulation), of which $2,000,000 
     shall be derived by reducing the amount available under the 
     heading `Departmental Administration'''.
                                 ______
                                 
  SA 2243. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration,

[[Page 20613]]

and Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. 7__.  Notwithstanding any other provision of this Act, 
     each amount provided under the heading ``Rural Business--
     Cooperative Service'' in title III is reduced by the pro rata 
     percentage required to reduce the total amount provided under 
     that heading by $124,800,000.
                                 ______
                                 
  SA 2244. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       On page 51, beginning on line 10, strike ``: Provided 
     further,'' and all that follows through ``technologies'' on 
     line 20.
                                 ______
                                 
  SA 2245. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       Beginning on page 75, strike line 16 and all that follows 
     through page 76, line 3.
                                 ______
                                 
  SA 2246. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2226 proposed by Mr. Nelson of Florida (for himself, Mr. 
Reid, and Mr. Martinez) to the amendment SA 1908 submitted by Mr. Kohl 
(for himself and Mr. Brownback) to the bill H.R. 2997, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 7__. (a) In this section, the term ``conference'' 
     means a meeting that--
       (1) is held for consultation, education, awareness, or 
     discussion;
       (2) includes participants who are not all employees of the 
     same agency;
       (3) is not held entirely at an agency facility;
       (4) involves costs associated with travel and lodging for 
     some participants; and
       (5) is sponsored by 1 or more agencies, 1 or more 
     organizations that are not agencies, or a combination of such 
     agencies or organizations.
       (b) Not later than September 30, 2011, the Secretary of 
     Agriculture shall submit to the appropriate committees of 
     Congress and post on the public Internet website of the 
     Department of Agriculture (referred to in this section as the 
     ``Department'') in a searchable, electronic format, a report 
     on each conference for which the Department paid travel 
     expenses during fiscal year 2010 that includes--
       (1) the itemized expenses paid by the Department, including 
     travel expenses and any Department expenditure to otherwise 
     support the conference;
       (2) the primary sponsor of the conference;
       (3) the location of the conference; and
       (4) in the case of a conference for which the Department 
     was the primary sponsor, a statement that includes--
       (A) a justification of the location selected;
       (B) a description of the cost efficiency of the location;
       (C) the date of the conference;
       (D) a brief explanation of how the conference advanced the 
     mission of the Department; and
       (E) the total number of individuals whose travel or 
     attendance at the conference was paid for in part or full by 
     the Department.
       (c) Notwithstanding any other provision of this Act, the 
     aggregate amount made available under this Act for expenses 
     of the Department relating to conferences in fiscal year 
     2010, including expenses relating to conference programs, 
     staff, travel costs, and other conference matters, may not 
     exceed $12,000,000.
                                 ______
                                 
  SA 2247. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


         prohibition on no-bid contracts, grants, and earmarks

       Sec. __.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be--
       (1) used to make any payment in connection with a contract 
     not awarded using competitive procedures in accordance with 
     the requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation;
       (2) awarded by grant not subjected to merit-based 
     competitive procedures, needs-based criteria, and other 
     procedures specifically authorized by law to select the 
     grantee or award recipient; or
       (3) spent on a congressionally directed spending item, as 
     defined by Rule XLIV of the Standing Rules of the Senate, not 
     subjected to merit-based competitive procedures, needs-based 
     criteria, and other procedures specifically authorized by law 
     to select the grantee to perform the activity to be provided 
     by the congressionally directed spending item.
       (b) This prohibition shall not apply to the awarding of 
     contracts or grants with respect to which--
       (1) no more than one applicant submits a bid for a contract 
     or grant; or
       (2) Federal law specifically authorizes a grant or contract 
     to be entered into without regard for these requirements, 
     including formula grants for States.
                                 ______
                                 
  SA 2248. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       At the appropriate place, insert the following:


               prohibition on no-bid contracts and grants

       Sec. __.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be--
       (1) used to make any payment in connection with a contract 
     not awarded using competitive procedures in accordance with 
     the requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation;
       (2) awarded by grant not subjected to merit-based 
     competitive procedures, needs-based criteria, and other 
     procedures specifically authorized by law to select the 
     grantee or award recipient; or
       (3) spent on a congressionally directed spending item, as 
     defined by Rule XLIV of the Standing Rules of the Senate, not 
     subjected to merit-based competitive procedures, needs-based 
     criteria, and other procedures specifically authorized by law 
     to select the grantee to perform the activity to be provided 
     by the congressionally directed spending item.
       (b) This prohibition shall not apply to the awarding of 
     contracts or grants with respect to which--
       (1) no more than one applicant submits a bid for a contract 
     or grant; or
       (2) Federal law specifically authorizes a grant or contract 
     to be entered into without regard for these requirements, 
     including formula grants for States.
                                 ______
                                 
  SA 2249. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 1908 submitted by Mr. Kohl (for himself and 
Mr. Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__. (a) The Senate finds that--
       (1) agriculture is a national security concern;
       (2) the United States suffers from periodic disasters which 
     affects the food and fiber supply of the United States;
       (3) the Food, Conservation, and Energy Act of 2008 (7 
     U.S.C. 8701 et seq.) established 5 permanent disaster 
     programs to deliver timely and immediate assistance to 
     agricultural producers recovering from losses;
       (4) as of the date of enactment of this Act, of those 5 
     disaster programs--
       (A) none are available, finalized, and implemented to 
     deliver urgently needed assistance for 2009 producer losses; 
     and
       (B) only 1 is being implemented for 2008 losses;
       (5) Texas producers are suffering from 1 of the worst 
     droughts since the 1920's and need immediate relief; and
       (6) the Secretary of Agriculture has previously authorized 
     various forms of disaster assistance by providing funding 
     under section 32 of the Act of August 24, 1935 (7 U.S.C.

[[Page 20614]]

     612c), and through the Commodity Credit Corporation.
       (b) It is the sense of the Senate that the Secretary of 
     Agriculture should use all of the discretionary authority 
     available to the Secretary to make available immediate relief 
     and assistance for agricultural producers suffering losses as 
     a result of the 2009 droughts.
                                 ______
                                 
  SA 2250. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. 7__.  Notwithstanding any other provision of this Act, 
     each amount provided to the Secretary of Agriculture under 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) that remains unobligated as of the date of 
     enactment of this Act is reduced by the pro rata percentage 
     required to reduce the total unobligated amount provided to 
     the Secretary by that Act by $6,475,000,000.
                                 ______
                                 
  SA 2251. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     provisions of this Act requiring that funds be for the 
     purposes, and in the amounts, specified in the table titled 
     ``Congressionally Designated Projects'' in the report to 
     accompany this Act shall have no force or effect.
                                 ______
                                 
  SA 2252. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. 7__.  Notwithstanding any other provision of this Act, 
     each amount provided by this Act is reduced by the pro rata 
     percentage required to reduce the total amount provided by 
     this Act by $234,128,000.
                                 ______
                                 
  SA 2253. Mr. CHAMBLISS (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed to amendment SA 1908 submitted by Mr. 
Kohl (for himself and Mr. Brownback) to the bill H.R. 2997, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  Not later than 60 days after the date of 
     enactment of this Act, the Administrator of the Foreign 
     Agricultural Service shall submit to the appropriate 
     committees of Congress a report that describes the status of 
     the reorganization of the Foreign Agricultural Service and 
     any future plans of the Administrator to modify office 
     structures to meet existing, emerging, and new priorities.
                                 ______
                                 
  SA 2254. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  None of the funds made available by this Act may 
     be used to pay the salaries and expenses of any employee of 
     the Department of Agriculture to assess any agency any 
     greenbook charge or to use any funds acquired through an 
     assessment of greenbook charges made prior to the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2255. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  The Commissioner of Food and Drugs, in 
     consultation with the Administrator of the National Oceanic 
     and Atmospheric Administration, shall conduct a study and, 
     not later than 240 days after the date of enactment of this 
     Act, submit a report to Congress on the technical challenges 
     associated with inspecting imported seafood. The study and 
     report shall--
       (1) provide information on the status of seafood 
     importation, including--
       (A) the volume of seafood imported into the United States 
     annually, by product and country of origin;
       (B) the number of physical inspections of imported seafood 
     products conducted annually, by product and country of 
     origin; and
       (C) a listing of the United States ports of entry for 
     seafood imports by volume;
       (2) provide information on imported seafood products, by 
     product and country of origin, that do not meet standards as 
     set forth in the applicable food importation law, including 
     the reason for which each such product does not meet such 
     standards;
       (3) identify the fish, crayfish, shellfish, and other sea 
     species most susceptible to violations of the applicable food 
     importation law;
       (4) identify the aquaculture and mariculture practices that 
     are of greatest concern to human health; and
       (5) suggest methods for improving import inspection 
     policies and procedures to protect consumers in the United 
     States.
                                 ______
                                 
  SA 2256. Mr. DODD (for himself, Mr. Kennedy, Mr. Kerry, Mr. 
Whitehouse, Mr. Lieberman, and Mr. Reed) submitted an amendment 
intended to be proposed to amendment SA 1908 submitted by Mr. Kohl (for 
himself and Mr. Brownback) to the bill H.R. 2997, making appropriations 
for Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  Notwithstanding any other provision of law and 
     until the receipt of the decennial census in the year 2010, 
     the Secretary of Agriculture may fund community facility and 
     water and waste disposal projects of communities and 
     municipal districts and areas in Connecticut, Massachusetts, 
     and Rhode Island that have been considered eligible for 
     funding by the appropriate rural development field office of 
     the Department of Agriculture at some time during the past 
     fiscal year.
                                 ______
                                 
  SA 2257. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 1908 submitted by Mr. Kohl (for himself and 
Mr. Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 80, between lines 22 and 23, insert the following:
       (c)(1) Section 531(c)(2) of the Federal Crop Insurance Act 
     (7 U.S.C. 1531(c)(2)) is amended by inserting before the 
     period at the end the following: ``using, in the case of beef 
     cattle, 3 weight classes consisting of less than 400 pounds, 
     400 pounds or more but less than 800 pounds, and 800 pounds 
     or more''.
       (2) Section 901(c)(2) of the Trade Act of 1974 (19 U.S.C. 
     2497(c)(2)) is amended by inserting before the period at the 
     end the following: ``using, in the case of beef cattle, 3 
     weight classes consisting of less than 400 pounds, 400 pounds 
     or more but less than 800 pounds, and 800 pounds or more''.
       (3) The amendments made by this subsection take effect on 
     June 18, 2008.
                                 ______
                                 
  SA 2258. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 1908 submitted by Mr. Kohl (for himself and 
Mr. Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 80, between lines 22 and 23, insert the following:
       (c) In determining the market value of the applicable beef 
     cattle on the day before the death of the beef cattle under 
     section 531(c)(2) of the Federal Crop Insurance Act (7 U.S.C. 
     1531(c)(2)) and section 901(c)(2) of the Trade Act of 1974 
     (19 U.S.C. 2497(c)(2)), the Secretary of Agriculture shall 
     use 3 weight

[[Page 20615]]

     classes for the beef cattle consisting of less than 400 
     pounds, 400 pounds or more but less than 800 pounds, and 800 
     pounds or more.
                                 ______
                                 
  SA 2259. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       On page 85, between lines 16 and 17, insert the following:

     SEC. _745. REPORT ON TOURISM FOR RURAL COMMUNITIES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Agriculture, in 
     consultation with the Administrator of the Small Business 
     Administration and the Director of the Office of Travel and 
     Tourism Industries of the Department of Commerce, shall 
     report to the Committees on Appropriations of the House of 
     Representatives and of the Senate on developing the tourism 
     potential of rural communities.
       (b) Content of the Report.--The report required by 
     subsection (a) shall--
       (1) identify existing Federal programs that provide 
     assistance to rural small businesses in developing tourism 
     marketing and promotion plans relating to tourism in rural 
     areas;
       (2) identify existing Federal programs that assist rural 
     small business concerns in obtaining capital for starting or 
     expanding businesses primarily serving tourists; and
       (3) include recommendations, if any, for improving existing 
     programs or creating new Federal programs that may benefit 
     tourism in rural communities.
                                 ______
                                 
  SA 2260. Mr. FEINGOLD (for himself, Mr. Sanders, Mr. Kohl Mr. 
Schumer, and Mr. Grassley) submitted an amendment intended to be 
proposed to amendment SA 1908 submitted by Mr. Kohl (for himself and 
Mr. Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. __.  The Secretary of Agriculture shall, to the 
     maximum extent practicable, collaborate and consult with, and 
     provide technical assistance and data to, other appropriate 
     Federal agencies conducting any oversight, investigation, or 
     other action to improve or ensure fair competition in 
     agriculture and related industries, such as oversight of 
     markets, antitrust examinations, or examinations of 
     disparities between farm and retail prices.
                                 ______
                                 
  SA 2261. Mr. FEINGOLD (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 1908 submitted by Mr. 
Kohl (for himself and Mr. Brownback) to the bill H.R. 2997, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 24, line 20, before the period at the end insert 
     the following: ``: Provided further, That the Administrator 
     of the Farm Service Agency shall provide appropriate 
     technical assistance and other support (including 
     collaborating on farm loan restructuring criteria) for any 
     expansion of the Home Affordable Modification Program of the 
     Department of the Treasury to cover farm loans or similar new 
     voluntary or mandatory programs for farm loan foreclosure 
     mitigation or restructuring by recipients of funds under the 
     Troubled Asset Relief Program established under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5211 et seq.) or commercial lenders in general''.
                                 ______
                                 
  SA 2262. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 2, between lines 20 and 21, insert the following:


                    office of advocacy and outreach

       For necessary expenses to establish and operate the Office 
     of Advocacy and Outreach within executive operations, 
     $3,000,000: Provided, That the same amount of funds is 
     provided to each of the Socially Disadvantaged Farmers Group 
     and the Small Farms and Beginning Farmers and Ranchers Group: 
     Provided further, That the Director of the Office of Advocacy 
     and Outreach shall not be required to report to any Assistant 
     Secretary or Undersecretary of the Department of Agriculture.

       On page 6, line 3, strike ``$41,319,000'' and insert 
     ``$38,319,000''.
                                 ______
                                 
  SA 2263. Mr. SCHUMER (for himself, Mr. Sanders, Ms. Klobuchar, Mrs. 
Gillibrand, Mrs. Murray, Ms. Snowe, and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 1908 submitted by Mr. 
Kohl (for himself and Mr. Brownback) to the bill H.R. 2997, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:

     SEC. 745. MILK IMPORT EQUITY ACT.

       (a) Short Title.--This section may be cited as the ``Milk 
     Import Tariff Equity Act''.
       (b) Imposition of Tariff-Rate Quotas on Certain Casein and 
     Milk Concentrates.--
       (1) Casein and casein products.--
       (A) In general.--The Additional U.S. notes to chapter 35 of 
     the Harmonized Tariff Schedule of the United States are 
     amended--
       (i) by striking ``Additional U.S. Note'' and inserting 
     ``Additional U.S. Notes'';
       (ii) in note 1, by striking ``subheading 3501.10.10'' and 
     inserting ``subheadings 3501.10.05, 3501.10.15, and 
     3501.10.20''; and
       (iii) by adding at the end the following new note:
       ``2. The aggregate quantity of casein, caseinates, milk 
     protein concentrate, and other casein derivatives entered 
     under subheadings 3501.10.15, 3501.10.65, and 3501.90.65 in 
     any calendar year shall not exceed 55,477,000 kilograms. 
     Articles the product of Mexico shall not be permitted or 
     included under this quantitative limitation and no such 
     article shall be classifiable therein.''.
       (B) Rates for certain caseins, caseinates, and other 
     derivatives and glues.--Chapter 35 of the Harmonized Tariff 
     Schedule of the United States is amended by striking 
     subheadings 3501.10 through 3501.90.60 and inserting the 
     following new subheadings, with the article descriptions for 
     subheadings 3501.10 and 3501.90 having the same degree of 
     indentation as the article description for subheading 
     3502.20.00:


``       3501.10       Casein:                                ................................
                        Milk protein                          ................................
                         concentrate:
      3501.10.05         Described in general   0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                          note 15 of the                 kg    MX, SG)        0.3 cents/kg
                          tariff schedule and                  (AU)
                          entered pursuant to
                          its provisions......
      3501.10.15         Described in           0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                          additional U.S. note           kg    SG)        0.3 cents/kg (AU)
                          2 to this chapter
                          and entered
                          according to its
                          provisions..........
      3501.10.20         Other................     $2.16/kg   Free (MX)                            $2.81/kg
                        Other:                                ................................
      3501.10.55         Suitable only for             Free   ................................         Free
                          industrial uses
                          other than the
                          manufacture of food
                          for humans or other
                          animals or as
                          ingredients in such
                          food................
                         Other:                               ................................

[[Page 20616]]

 
      3501.10.60          Described in general  0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                           note 15 of the                kg    MX, SG)        0.3 cents/kg
                           tariff schedule and                 (AU)
                           entered pursuant to
                           its provisions.....
      3501.10.65          Described in          0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                           additional U.S.               kg    SG)        0.3 cents/kg (AU)
                           note 2 to this
                           chapter and entered
                           according to its
                           provisions.........
      3501.10.70          Other...............     $2.16/kg   Free (MX)                            $2.81/kg
         3501.90       Other:                                 ................................
      3501.90.05        Casein glues..........           6%   Free (A*, CA, CL, E, IL, J, JO,           30%
                                                               MX)        3% (SG)        4.5%
                                                               (AU)
                        Other:                                ................................
      3501.90.30         Suitable only for               6%   Free (A*, CA, CL, E, IL, J, JO,           30%
                          industrial uses                      MX, SG)        0.3 cents/kg
                          other than the                       (AU)
                          manufacture of food
                          for humans or other
                          animals or as
                          ingredients in such
                          food................
                         Other:...............                ................................
      3501.90.55          Described in general  0.37 cents/   Free (A*, CA, CL E, IL, J, JO,    12.1 cents/
                           note 15 of the                kg    MX, SG)        0.3 cents/kg               kg
                           tariff schedule and                 (AU)
                           entered pursuant to
                           its provisions.....
      3501.90.65          Described in          0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12.1 cents/
                           additional U.S.               kg    SG)        0.3 cents/kg (AU)              kg
                           note 2 to this
                           chapter and entered
                           according to its
                           provisions.........
      3501.90.70          Other...............     $2.16/kg   Free (MX)                            $2.81/kg   ''
                                                                                                               .


       (2) Milk protein concentrates.--
       (A) In general.--The Additional U.S. notes to chapter 4 of 
     the Harmonized Tariff Schedule of the United States are 
     amended--
       (i) in note 13, by striking ``subheading 0404.90.10'' and 
     inserting ``subheadings 0404.90.05, 0404.90.15, and 
     0404.90.20''; and
       (ii) by adding at the end the following new note:
       ``27. The aggregate quantity of milk protein concentrates 
     entered under subheading 0404.90.15 in any calendar year 
     shall not exceed 18,488,000 kilograms. Articles the product 
     of Mexico shall not be permitted or included under this 
     quantitative limitation and no such article shall be 
     classifiable therein.''.
       (B) Rates for certain milk protein concentrates.--Chapter 4 
     of the Harmonized Tariff Schedule of the United States is 
     amended by striking subheadings 0404.90 through 0404.90.10 
     and inserting the following new subheadings, with the article 
     description for subheading 0404.90 having the same degree of 
     indentation as the article description for subheading 0404.10 
     and with the article descriptions for subheadings 0404.90.05, 
     0404.90.15, and 0404.90.20 having the same degree of 
     indentation as the article description for subheading 
     0405.20.40:


``       0404.90       Other:                                 ................................
                        Milk protein                          ................................
                         concentrates:
      0404.90.05         Described in general   0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                          note 15 of the                 kg    MX, SG) 0.3 cents/kg (AU)
                          tariff schedule and
                          entered pursuant to
                          its provisions......
      0404.90.15         Described in           0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
                          additional U.S. note           kg    SG)        0.3 cents/kg (AU)
                          27 to this chapter
                          and entered pursuant
                          to its provisions...
      0404.90.20            Other.............     $1.56/kg   Free (MX)                            $2.02/kg   ''
                                                                                                               .


       (3) Effective date.--
       (A) In general.--The amendments made by this section apply 
     to goods entered, or withdrawn from warehouse for 
     consumption, on or after the first day of the first month 
     after the date that is 90 days after the date of the 
     enactment of this Act.
       (B) Transitional provisions.--
       (i) Chapter 35.--Notwithstanding the amendments made by 
     paragraph (1), in the case of any calendar year that includes 
     the effective date described in subparagraph (A), the 
     aggregate amount of casein, caseinates, milk protein 
     concentrate, and other casein derivatives entered under 
     subheadings 3501.10.15, 3501.10.65, and 3501.90.65 shall not 
     exceed an amount equal to 151,992 kilograms multiplied by the 
     number of calendar days remaining in such year beginning with 
     such effective date.
       (ii) Chapter 4.--Notwithstanding the amendments made by 
     paragraph (2), in the case of any calendar year that includes 
     the effective date described in subparagraph (A), the 
     aggregate amount of milk protein concentrates entered under 
     subheading 0404.90.15 shall not exceed an amount equal to 
     50,652 kilograms multiplied by the number of calendar days 
     remaining in such year beginning with such effective date.
       (c) Compensation Authority.--
       (1) In general.--If the provisions of subsection (b) 
     require, the President--
       (A) may enter into a trade agreement with any foreign 
     country or instrumentality for the purpose of granting new 
     concessions as compensation in order to maintain the general 
     level of reciprocal and mutually advantageous concessions; 
     and
       (B) may proclaim such modification or continuance of any 
     general rate of duty, or such continuance of duty-free or 
     excise treatment, or any quantitative limitation, as the 
     President determines to be required or appropriate to carry 
     out any such agreement.
       (2) Limitations.--
       (A) In general.--No proclamation shall be made pursuant to 
     paragraph (1) decreasing any general rate of duty to a rate 
     which is less than 70 percent of the existing general rate of 
     duty.
       (B) Special rule for certain duty reductions.--If the 
     general rate of duty in effect is an intermediate stage under 
     an agreement in effect before August 6, 2002, under section 
     1102(a) of the Omnibus Trade and Competitiveness Act of 1988 
     or under an agreement entered into under section 2103 (a) or 
     (b) of the Bipartisan Trade Promotion Authority Act of 2002, 
     the proclamation made pursuant to paragraph (1) may provide 
     for the reduction of each general rate of duty at each such 
     stage by not more than 30 percent of such general rate of 
     duty, and may provide for a final general rate of duty which 
     is not less than 70 percent of the general rate of duty 
     proclaimed as the final stage under such agreement.
       (C) Rounding.--If the President determines that such action 
     will simplify the computation of the amount of duty computed 
     with

[[Page 20617]]

     respect to an article, the President may exceed the 
     limitations provided in subparagraphs (A) and (B) by not more 
     than the lesser of--
       (i) the difference between such limitation and the next 
     lower whole number, or
       (ii) one-half of 1 percent ad valorem.
                                 ______
                                 
  SA 2264. Ms. STABENOW (for herself, Mr. Casey, and Mr. Sanders) 
submitted an amendment intended to be proposed to amendment SA 1908 
submitted by Mr. Kohl (for himself and Mr. Brownback) to the bill H.R. 
2997, making appropriations for Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies programs for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 55, lines 3 through 5, strike ``$233,388,000, to 
     remain available through September 30, 2011: Provided,'' and 
     insert ``$250,570,000, to remain available through September 
     30, 2011: Provided, That $180,000,000 of that amount is used 
     to carry out the commodity supplemental food program 
     established under section 5 of the Agriculture and Consumer 
     Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-
     86): Provided further, That it is the sense of the Senate 
     that the Secretary of Agriculture should use a portion of the 
     funds to expand the commodity supplemental food program to 6 
     approved but unfunded State programs: Provided further,''.
                                 ______
                                 
  SA 2265. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 53, line 7, before the period, insert the 
     following: ``: Provided further, That each school or 
     institution located in the State of Vermont that is 
     participating in the summer food service program for 
     children, the child and adult care food program, the school 
     lunch program, or the school breakfast program shall be 
     considered eligible to elect commodity letters of credit in 
     lieu of entitlement commodities in accordance with section 
     18(b) of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1769(b))''.
                                 ______
                                 
  SA 2266. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 60, line 24, before the semicolon, insert the 
     following: ``, of which $1,000,000 shall be used by the 
     Center to conduct a study of obesity and report the results 
     of the study to Congress''.
                                 ______
                                 
  SA 2267. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 59, line 22, strike ``$2,995,218,000'' and insert 
     ``$2,996,218,000, of which $1,000,000 shall be used by the 
     Center for Food Safety and Applied Nutrition to conduct a 
     study on obesity and report the results of the study to 
     Congress and shall be derived by transfer of the amount made 
     available under the heading `Animal and Plant Health 
     Inspection Service' of title I for the National Animal 
     Identification program''.
                                 ______
                                 
  SA 2268. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 24, line 24, strike ``$4,369,000'' and insert 
     ``$6,369,000''.
                                 ______
                                 
  SA 2269. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 24, line 24, strike ``$4,369,000'' and insert 
     ``$6,369,000, of which $2,000,000 shall be derived by 
     transfer of the amount made available under the heading 
     `Animal and Plant Health Inspection Service' for the National 
     Animal Identification program''.
                                 ______
                                 
  SA 2270. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 53, line 7, before the period, insert the 
     following: ``: Provided further, That of the total amount 
     available, $2,500,000 shall be used to carry out the school 
     community garden pilot program established under section 
     18(g)(3) of the Richard B. Russell National School Lunch Act 
     (42 U.S.C. 1769(g)(3))''.
                                 ______
                                 
  SA 2271. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 52, lines 22 and (23), strike ``$16,799,584,000, to 
     remain available through September 30, 2011,'' and insert 
     ``$16,802,084,000, to remain available through September 30, 
     2011, of which $2,500,000 shall be used to carry out the 
     school community garden pilot program established under 
     section 18(g)(3) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769(g)(3)) and shall be derived by 
     transfer of the amount made available under the heading 
     `Animal and Plant Health Inspection Service' of title I for 
     the National Animal Identification program''.
                                 ______
                                 
  SA 2272. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 55, after line 21, add the following:


                  dairy product price support program

        For the purposes described in section 1501(c) of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8771(c)), 
     $400,000,000.
                                 ______
                                 
  SA 2273. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 55, after line 21, add the following:


                  dairy product price support program

        For the purposes described in section 1501 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8771), 
     $400,000,000.
                                 ______
                                 
  SA 2274. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 55, after line 21, add the following:


                  dairy product price support program

        For the purposes described in section 1501(c) of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8771(c)), 
     $350,000,000.
                                 ______
                                 
  SA 2275. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration,

[[Page 20618]]

and Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 24, line 12, strike ``$1,253,777,000'' and insert 
     ``$1,653,777,000''.
                                 ______
                                 
  SA 2276. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 24, line 12, strike ``$1,253,777,000'' and insert 
     ``$1,603,777,000''.
                                 ______
                                 
  SA 2277. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 29, between lines 8 and 9, insert the following:


                  dairy product price support program

        For the Secretary to increase the purchase prices under 
     section 1501(c) of the Food, Conservation, and Energy Act of 
     2008 (7 U.S.C. 8771(c)) of cheddar cheese in blocks, cheddar 
     cheese in barrels, and nonfat dry milk to not less than 
     $1.40, $1.37, and $0.97 per pound, respectively, 
     $400,000,000.
                                 ______
                                 
  SA 2278. Mrs. GILLIBRAND (for herself, Mr. Sanders, and Mr. Specter) 
submitted an amendment intended to be proposed to amendment SA 1908 
submitted by Mr. Kohl (for himself and Mr. Brownback) to the bill H.R. 
2997, making appropriations for Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies programs for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__. (a) There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, such funds as are 
     necessary for the Secretary of Agriculture to carry out the 
     milk income loss contract program under section 1506 of the 
     Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) 
     for the period beginning on March 1, 2009, and ending on June 
     30, 2009, in accordance with this section.
       (b) In carrying out the milk income loss contract program 
     during the period described in subsection (a), the Secretary 
     shall use--
       (1) the payment rate described in section 1506(c) of the 
     Food, Conservation, and Energy Act of 2008 (7 U.S.C. 
     8773(c)), except that the percentage in paragraph (3) of that 
     subsection shall be 90 percent; and
       (2) the payment quantity described in section 1506(e) of 
     that Act, except that the pound limitation in paragraph 
     (2)(A) of that subsection shall be the pro rata share of 
     5,960,000 pounds for each fiscal year.
       (c) For purposes of Senate enforcement, this section is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to section 403 of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.
                                 ______
                                 
  SA 2279. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__. (a) Section 5(h) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(h)) is amended by adding at the end the 
     following:
       ``(4) Nutrition assistance benefits during public health 
     emergency.--
       ``(A) Definitions.--
       ``(i) Eligible child.--The term `eligible child' means a 
     child (as defined in section 12(d) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1760(d)) who, if not for 
     the closure of the school attended by the child due to a 
     public health emergency, would receive free or reduced price 
     school meals under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition 
     Act of 1966 (42 U.S.C. 1771 et seq.) at the school.
       ``(ii) Public health emergency.--The term `public health 
     emergency' means the declaration of a public health emergency 
     by the Secretary of Health and Human Services under section 
     319 of the Public Health Service Act (42 U.S.C. 247d).
       ``(iii) School.--The term `school' has the meaning given 
     the term in section 12(d) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1760(d))).
       ``(B) Emergency standards.--
       ``(i) In general.--The Secretary may, after consultation 
     with the Secretary of Health and Human Services, approve 
     State agency plans for temporary emergency standards of 
     eligibility and levels of benefits under this Act for 
     households with eligible children.
       ``(ii) Relation to other law.--The Secretary may promulgate 
     standards under clause (i) without regard to section 4(c) of 
     this Act or section 553 of title 5, United States Code.
       ``(C) Emergency plans.--Plans approved by the Secretary 
     under this paragraph may provide for supplemental allotments 
     to households receiving benefits under this Act, and 
     issuances to households not already receiving benefits, 
     through the EBT card system established under section 7.
       ``(D) Benefits levels.--Assistance provided to a household 
     under this section shall be equivalent to the value of free 
     or reduced price meals that would have been provided to the 
     eligible children of the household under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
     at the school attended by the eligible children if the school 
     was not closed as a result of a public health emergency.
       ``(E) Minimum closure.--The Secretary shall not provide 
     assistance under this paragraph in the case of a school that 
     is closed for less than 5 consecutive days.
       ``(F) Release of information.--Notwithstanding any other 
     provision of law, the Secretary may authorize State 
     educational agencies and school food authorities 
     administering a school meal program under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or 
     the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to 
     release to appropriate officials administering the 
     supplemental nutrition assistance program such information 
     regarding children who are or may be eligible for free or 
     reduced price school meals as may be necessary to carry out 
     this paragraph.
       ``(G) Waivers.--In carrying out this paragraph, the 
     Secretary may approve waivers of the reporting requirements 
     otherwise applicable under subsection (f), limits on 
     certification periods otherwise applicable under section 
     3(f), and other administrative requirements otherwise 
     applicable to State agencies.
       ``(H) Termination of authority.--This paragraph shall be 
     effective only for fiscal year 2010.''.
       (b) Emergency Purchase Authority.--Section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c) is amended--
       (1) by striking ``Sec. 32. There'' and inserting the 
     following:

     ``SEC. 32. COMMODITY BENEFITS.

       ``(a) In General.--There''; and
       (2) by adding at the end the following:
       ``(b) Commodity Assistance.--
       ``(1) In general.--The Secretary may use funds made 
     available under this section to purchase commodities for 
     emergency distribution in any area of the United States--
       ``(A) in the event of a declaration of public health 
     emergency under section 319 of the Public Health Service Act 
     (42 U.S.C. 247d); and
       ``(B) on receipt of information from State agencies 
     demonstrating that the situation warrants the distribution of 
     the commodities.
       ``(2) Termination of authority.--This subsection shall be 
     effective only for fiscal year 2010.''.
       (c) Offset.--The amendments made by subsections (a) and (b) 
     shall be carried out using $2,000,000 derived from a 
     reduction of the amount made available under the heading 
     ``salaries and expenses'' under the heading ``Animal and 
     Plant Health Inspection Service'' in title I.
                                 ______
                                 
  SA 2280. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Whereas sudden loss in late 2008 of export-market based 
     demand equivalent to about three percent of domestic milk 
     production has thrown the U.S. dairy industry into a critical 
     supply-demand imbalance; and
       Whereas an abrupt decline in U.S. exports was fueled by the 
     onset of the global economic crisis combined with resurgence 
     of milk supplies in Oceania; and
       Whereas the U.S. average all-milk price reported by the 
     National Agriculture Statistics Service from January through 
     May of 2009, has averaged $4.80 per hundredweight below the 
     cost of production; and

[[Page 20619]]

       Whereas approximately $3.9 billion in dairy producer equity 
     has been lost since January; and
       Whereas anecdotal evidence suggests that U.S. dairy 
     producers are losing upwards of $100 per cow per month; and
       Whereas the Food, Conservation, and Energy Act of 2008 
     extended the counter-cyclical Milk Income Loss Contract 
     (MILC) support program and instituted a ``feed cost 
     adjuster'' to augment that support; and
       Whereas the Secretary of Agriculture in March transferred 
     approximately 200 million pounds of nonfat dry milk to USDA's 
     Food and Nutrition Service in a move designed to remove 
     inventory from the market and support low-income families; 
     and
       Whereas the Secretary on March 22nd reactivated USDA's 
     Dairy Export Incentive Program (DEIP) to help U.S. producers 
     meet prevailing world prices and develop international 
     markets; and
       Whereas the Secretary announced on July 31, 2009 a 
     temporary increase in the amount paid for dairy products 
     through the Dairy Product Price Support Program (DPPSP), an 
     adjustment that is projected to increase dairy farmers' 
     revenue by $243 million; and
       Whereas U.S. dairy producers face unprecedented challenges 
     that threaten the stability of the industry, the nation's 
     milk production infrastructure, and thousands of rural 
     communities: Now, therefore, be it
       Resolved, That it is the sense of the Senate that the 
     Secretary of Agriculture and the President's Office of 
     Management and Budget should continue to closely monitor the 
     U.S. dairy sector and use all available discretionary 
     authority to ensure its long-term health and sustainability.
                                 ______
                                 
  SA 2281. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. 
Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  Section 404 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7624) 
     is amended--
       (1) by striking ``Agricultural Research Service'' each 
     place it appears and inserting ``Agricultural Research 
     Service and the Forest Service''; and
       (2) in subsection (c), by adding at the end the following:
       ``(3) Authority of secretary.--To carry out a cooperative 
     agreement with a private entity under paragraph (1), the 
     Secretary may rent to the private entity equipment, the title 
     of which is held by the Federal Government.''.
                                 ______
                                 
  SA 2282. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__. (a) The Commissioner of Food and Drugs, in 
     consultation with the Secretary of Agriculture, shall conduct 
     a study on the labeling of personal care products regulated 
     by the Food and Drug Administration for which organic content 
     claims are made. Such study shall include--
       (1) a survey of personal care products for which the word 
     ``organic'' appears on the label; and
       (2) a determination, based on statistical sampling of the 
     products identified under paragraph (1), of the accuracy of 
     such claims.
       (b) The Commissioner of Food and Drugs shall--
       (1) not later than 270 days after the date of enactment of 
     this Act, submit to the Committees on Agriculture, Nutrition, 
     and Forestry, Appropriations, and Health, Education, Labor, 
     and Pensions in the Senate and the Committees on Agriculture, 
     Appropriations, and Energy and Commerce in the House of 
     Representatives a report on the findings of the study under 
     subsection (a); and
       (2) provide such Committees with any recommendations on the 
     need to establish labeling standards for personal care 
     products for which organic content claims are made, including 
     whether the Food and Drug Administration should have pre-
     market approval authority for personal care product labeling.
                                 ______
                                 
  SA 2283. Mr. DODD (for himself, Mr. Whitehouse and Mr. Lieberman) 
submitted an amendment intended to be proposed to amendment SA 1908 
submitted by Mr. Kohl (for himself and Mr. Brownback) to the bill H.R. 
2997, making appropriations for Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies programs for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  Notwithstanding any other provision of law, the 
     Secretary of Agriculture may fund community facility and 
     water and waste disposal projects of communities and 
     municipal districts in Connecticut, Massachusetts, and Rhode 
     Island that have been previously funded by the Secretary and 
     were under construction as of January 1, 2009.
                                 ______
                                 
  SA 2284. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 1908 submitted by Mr. Kohl (for himself and Mr. Brownback) 
to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, between lines 16 and 17, insert the following:
       Sec. 7__.  Notwithstanding any other provision of law and 
     until the receipt of the decennial census in the year 2010, 
     the Secretary of Agriculture may fund community facility and 
     water and waste disposal projects of communities and 
     municipal districts and areas in Connecticut, Massachusetts, 
     and Rhode Island that filed applications for the projects 
     with the appropriate rural development field office of the 
     Department of Agriculture prior to August 1, 2009, and were 
     determined by the field office to be eligible for funding.
                                 ______
                                 
  SA 2285. Mr. NELSON of Nebraska (for himself, Mr. Grassley, and Mr. 
Johanns) submitted an amendment intended to be proposed by him to the 
bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. 7__. (a) The Senate finds that--
       (1) with livestock producers facing losses from harsh 
     weather in 2008 and continuing to face disasters in 2009, 
     Congress wanted to assist livestock producers in recovering 
     losses more quickly and efficiently than previous ad hoc 
     disaster assistance programs;
       (2) on June 18, 2008, Congress established the livestock 
     indemnity program under section 531(c) of the Federal Crop 
     Insurance Act (7 U.S.C. 1531(c)) and section 901(c) of the 
     Trade Act of 1974 (19 U.S.C. 2497(c)) as a permanent disaster 
     assistance program to provide livestock producers with 
     payments of 75 percent of the fair market value for livestock 
     losses as a result of adverse weather such as floods, 
     blizzards, and extreme heat;
       (3) on July 13, 2009, the Secretary of Agriculture 
     promulgated rules for the livestock indemnity program that 
     separated non adult beef animals into weight ranges of ``less 
     than 400 pounds'' and ``400 pounds and more''; and
       (4) the ``400 pounds and more'' range would fall well short 
     of covering 75 percent market value payment for livestock in 
     these higher ranges that are close to market weight.
       (b) It is the sense of the Senate that the Secretary of 
     Agriculture--
       (1) should strive to establish a methodology to calculate 
     more specific payments to offset the cost of loss for each 
     animal as was intended by Congress for calendar years 2008 
     through 2011; and
       (2) should work with groups representing affected livestock 
     producers to come up with this more precise methodology.
                                 ______
                                 
  SA 2286. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REIMBURSEMENT OF AUTOMOBILE DISTRIBUTORS.

       (a) In General.--Notwithstanding any other provision of 
     law, any funds provided by the United States Government, or 
     any agency, department, or subdivision thereof, to an 
     automobile manufacturer or a distributor thereof as credit, 
     loans, financing, advances, or by any other agreement in 
     connection with such automobile manufacturer's or 
     distributor's proceeding as a debtor under title 11, United 
     States Code, shall be conditioned upon use of such funds to 
     fully reimburse all dealers of such automobile manufacturer 
     or manufacturer's distributor for--
       (1) the cost incurred by such dealers in acquisition of all 
     parts and inventory in the

[[Page 20620]]

     dealer's possession as of the date on which the proceeding 
     under title 11, United States Code, by or against the 
     automobile manufacturer or manufacturer's distributor is 
     commenced, on the same basis as if the dealers were 
     terminating pursuant to existing franchise agreements or 
     dealer agreements; and
       (2) all other obligations owed by such automobile 
     manufacturer or manufacturer's distributor under any other 
     agreement between the dealers and the automobile manufacturer 
     or manufacturer's distributor, including, without limitation, 
     franchise agreement or dealer agreements.
       (b) Inclusion in Terms.--Any note, security agreement, loan 
     agreement, or other agreement between an automobile 
     manufacturer or manufacturer's distributor and the Government 
     (or any agency, department, or subdivision thereof) shall 
     expressly provide for the use of such funds as required by 
     this section. A bankruptcy court may not authorize the 
     automobile manufacturer or manufacturer's distributor to 
     obtain credit under section 364 of title 11, United States 
     Code, unless the credit agreement or agreements expressly 
     provided for the use of funds as required by this section.
       (c) Effectiveness of Rejection.--Notwithstanding any other 
     provision of law, any rejection by an automobile manufacturer 
     or manufacturer's distributor that is a debtor in a 
     proceeding under title 11, United States Code, of a franchise 
     agreement or dealer agreement pursuant to section 365 of that 
     title, shall not be effective until at least 180 days after 
     the date on which such rejection is otherwise approved by a 
     bankruptcy court.
                                 ______
                                 
  SA 2287. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2997, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``TARP Recipient Ownership 
     Trust Act of 2009''.

     SEC. 2. AUTHORITY OF THE SECRETARY OF THE TREASURY TO 
                   DELEGATE TARP ASSET MANAGEMENT.

       Section 106(b) of the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5216(b)) is amended by inserting before 
     the period at the end the following: ``, and the Secretary 
     may delegate such management authority to a private entity, 
     as the Secretary determines appropriate, with respect to any 
     entity assisted under this Act''.

     SEC. 3. CREATION OF MANAGEMENT AUTHORITY FOR DESIGNATED TARP 
                   RECIPIENTS.

       (a) Federal Assistance Limited.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 
     2008, or any other provision of law, no funds may be expended 
     under the Troubled Asset Relief Program, or any other 
     provision of that Act, on or after the date of enactment of 
     this Act, until the Secretary of the Treasury transfers all 
     voting, nonvoting, and common equity in any designated TARP 
     recipient to a limited liability company established by the 
     Secretary for such purpose, to be held and managed in trust 
     on behalf of the United States taxpayers.
       (b) Appointment of Trustees.--
       (1) In general.--The President shall appoint 3 independent 
     trustees to manage the equity held in the trust, separate and 
     apart from the United States Government.
       (2) Criteria.--Trustees appointed under this subsection--
       (A) may not be elected or appointed Government officials;
       (B) shall serve at the pleasure of the President, and may 
     be removed for just cause in violation of their fiduciary 
     responsibilities only; and
       (C) shall serve without compensation for their services 
     under this section.
       (c) Duties of Trust.--Pursuant to protecting the interests 
     and investment of the United States taxpayer, the trust 
     established under this section shall, with the purpose of 
     maximizing the profitability of the designated TARP 
     recipient--
       (1) exercise the voting rights of the shares of the 
     taxpayer on all core governance issues;
       (2) select the representation on the boards of directors of 
     any designated TARP recipient; and
       (3) have a fiduciary duty to the American taxpayer for the 
     maximization of the return on the investment of the taxpayer 
     made under the Emergency Economic Stabilization Act of 2008, 
     in the same manner and to the same extent that any director 
     of an issuer of securities has with respect to its 
     shareholders under the securities laws and all applications 
     of State law.
       (d) Liquidation.--The trustees shall liquidate the trust 
     established under this section, including the assets held by 
     such trust, not later than December 24, 2011, unless the 
     trustees submit a report to Congress that liquidation would 
     not maximize the profitability of the company and the return 
     on investment to the taxpayer.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``designated TARP recipient'' means any entity 
     that has received financial assistance under the Troubled 
     Asset Relief Program or any other provision of the Emergency 
     Economic Stabilization Act of 2008 (Public Law 110-343), such 
     that the Federal Government holds or controls not less than a 
     20 percent ownership stake in the company as a result of such 
     assistance;
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (3) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 2288. Mr. KOHL proposed an amendment to amendment SA 2248 
submitted by Mr. Coburn to the amendment SA 1908 submitted by Mr. Kohl 
(for himself and Mr. Brownback) to the bill H.R. 2997, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2010, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 7__.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Secretary of 
     Agriculture or the Commissioner of Food and Drugs to enter 
     into any Federal contract unless the contract is--
       (1) entered into in accordance with the requirements of 
     section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation described in section 6(a) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 405(a)); or
       (2) otherwise authorized by law to be entered into without 
     regard to the laws cited in paragraph (1).
                                 ______
                                 
  SA 2289. Mr. KOHL (for himself and Mr. Brownback) proposed an 
amendment to amendment SA 1908 submitted by Mr. Kohl (for himself and 
Mr. Brownback) to the bill H.R. 2997, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2010, and for other purposes; as follows:

       On page 85, line 16, strike ``inspections.'' and insert the 
     following:
     inspections: Provided further, That this section shall be 
     applied in a manner consistent with United States obligations 
     under international trade agreements.

                          ____________________