[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 20700-20702]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2290. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2284 proposed by Mr. Dodd 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; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, 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 previously were determined by the 
     appropriate rural development field office of the Department 
     of Agriculture to be eligible for funding, if the 
     applications for the projects were received prior to August 
     1, 2009.
                                 ______
                                 
  SA 2291. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 2240 proposed by Mr. Barrasso (for himself, Mr. Vitter, 
Mr. Hatch, Mr. Roberts, Mr. Enzi, Mr. Thune, and Mr. Johanns) 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; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. 7__. (a) Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     complete--
       (1) a State-by-State analysis of the impacts on 
     agricultural producers of the American Clean Energy and 
     Security Act of 2009 (H.R. 2454, as passed by the House of 
     Representatives on June 26, 2009) (referred to in this 
     section as ``H.R. 2454''); and
       (2) a State-by-State analysis of the adverse impacts of 
     rapid climate change on agricultural producers and consumers.
       (b) In conducting the analysis under subsection (a), the 
     Secretary shall consider the impacts of H.R. 2454, the 
     benefits of H.R. 2454, and the adverse impacts of rapid 
     climate change on a range of fishing, aquaculture, livestock, 
     poultry, and swine production and a variety of crop 
     production, including specialty crops.
       (c) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Agriculture shall--
       (1) complete a State-by-State analysis of the adverse 
     impacts of rapid climate change on agriculture and forestry, 
     including, at a minimum, an assessment of the impacts of 
     invasive species and disease, drought, and flooding; and
       (2) identify the benefits to agriculture and forestry of 
     the full implementation of H.R. 2454.
                                 ______
                                 
  SA 2292. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2276 submitted by Mr. Sanders 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; which was 
ordered to lie on the table; as follows:

       On page 24, line 12, strike ``$1,253,777,000'' and insert 
     ``$1,603,777,001''.
                                 ______
                                 
  SA 2293. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2276 submitted by Mr. Sanders 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; which was 
ordered to lie on the table; as follows:

       On page 1 of the amendment, line 2, strike 
     ``$1,603,777,000'' and insert ``$1,603,777,001''.
                                 ______
                                 
  SA 2294. 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) 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 4 weight classes for the beef cattle consisting of 
     less than 400 pounds, 400 pounds or more but less than 700 
     pounds, 700 pounds or more but less than 1,000 pounds, and 
     1,000 pounds or more.
       (2) To carry out paragraph (1), $4,000,000 shall be derived 
     by transfer from the amount under the heading ``Risk 
     Management Agency '' of title I.

[[Page 20701]]


                                 ______
                                 
  SA 2295. 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, 4 weight classes consisting of less than 400 pounds, 
     400 pounds or more but less than 700 pounds, 700 pounds or 
     more but less than 1,000 pounds, and 1,000 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, 4 
     weight classes consisting of less than 400 pounds, 400 pounds 
     or more but less than 700 pounds, 700 pounds or more but less 
     than 1,000 pounds, and 1,000 pounds or more''.
       (3) To carry out the amendments made by this subsection, 
     $4,000,000 shall be derived by transfer from the amount under 
     the heading ``Risk Management Agency '' of title I.
       (4) The amendments made by this subsection take effect on 
     June 18, 2008.
                                 ______
                                 
  SA 2296. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 2257 submitted by Mr. Nelson of Nebraska and 
intended to be proposed 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; which was ordered to 
lie on the table; as follows:

       In lieu of the matter proposed to be inserted, 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, 4 weight classes consisting of less than 400 pounds, 
     400 pounds or more but less than 700 pounds, 700 pounds or 
     more but less than 1,000 pounds, and 1,000 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, 4 
     weight classes consisting of less than 400 pounds, 400 pounds 
     or more but less than 700 pounds, 700 pounds or more but less 
     than 1,000 pounds, and 1,000 pounds or more''.
       (3) To carry out the amendments made by this subsection, 
     $4,000,000 shall be derived by transfer from the amount under 
     the heading ``Risk Management Agency '' of title I.
       (4) The amendments made by this subsection take effect on 
     June 18, 2008.
                                 ______
                                 
  SA 2297. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 2258 submitted by Mr. Nelson of Nebraska and 
intended to be proposed to the amendment SA 1908 proposed 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:

       In lieu of the matter proposed to be inserting, insert the 
     following:
       (c)(1) 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 4 weight classes for the beef cattle consisting of 
     less than 400 pounds, 400 pounds or more but less than 700 
     pounds, 700 pounds or more but less than 1,000 pounds, and 
     1,000 pounds or more.
       (2) To carry out paragraph (1), $4,000,000 shall be derived 
     by transfer from the amount under the heading ``Risk 
     Management Agency '' of title I.
                                 ______
                                 
  SA 2298. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; 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 during the 9-month 
     period preceding the date on which the proceeding under title 
     11, United States Code, by or against the automobile 
     manufacturer or manufacturer's distributor is commenced, in 
     acquisition of all parts and inventory in the dealer's 
     possession 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 arising during that 9-month 
     period, 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 2299. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 3435, making supplemental appropriations for 
fiscal year 2009 for the Consumer Assistance to Recycle and Save 
Program; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TARP RECIPIENT OWNERSHIP TRUST..

       (a) 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''.
       (b) Creation of Management Authority for Designated TARP 
     Recipients.--
       (1) 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, or to carry out the Advanced 
     Technology Vehicles Manufacturing Incentive Program 
     established under section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013), 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.
       (2) Appointment of trustees.--
       (A) 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.
       (B) Criteria.--Trustees appointed under this paragraph--
       (i) may not be elected or appointed Government officials;
       (ii) shall serve at the pleasure of the President, and may 
     be removed for just cause in violation of their fiduciary 
     responsibilities only; and
       (iii) shall serve without compensation for their services.
       (3) Duties of trust.--Pursuant to protecting the interests 
     and investment of the United States taxpayer, the trust 
     established under this subsection shall, with the purpose of 
     maximizing the profitability of the designated TARP 
     recipient--
       (A) exercise the voting rights of the shares of the 
     taxpayer on all core governance issues;
       (B) select the representation on the boards of directors of 
     any designated TARP recipient; and
       (C) have a fiduciary duty to the American taxpayer for the 
     maximization of the return

[[Page 20702]]

     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.
       (c) 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.
       (d) Civil Actions Authorized.--
       (1) In general.--Any person who is aggrieved by a violation 
     of the fiduciary duty established by subsection (b)(3) may 
     bring a civil action in any appropriate United States 
     district court.
       (2) Limited indemnification.--In any case brought under 
     paragraph (1), the court may provide for limited 
     indemnification with respect to a trustee, for actions taken 
     in good faith, with the sole objective of meeting the 
     fiduciary duty to maximize value for the American taxpayer.
       (e) Definitions.--As used in this section--
       (1) the term ``designated TARP recipient'' means any entity 
     that has received, or will receive, 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, or will hold or control at a future date, not 
     less than a 17 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).

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