[Senate Committee on Agriculture, Nutrition, and Forestry Final Edition Final Edition]
[From the U.S. Government Printing Office, www.gpo.gov]

S. PRT. 110-56
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                        COMMITTEE ON AGRICULTURE,

                         NUTRITION, AND FORESTRY

                          UNITED STATES SENATE

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                          LEGISLATIVE CALENDAR

                       ONE HUNDRED TENTH CONGRESS

                                CONVENED JANUARY 4, 2007
                                                           FIRST SESSION
                                               <3-ln {>
                                ADJOURNED DECEMBER 19, 2007

                                CONVENED JANUARY 3, 2008
                                                          SECOND SESSION
                                               <3-ln {>
                                ADJOURNED DECEMBER 10, 2008

                          TOM HARKIN, Chairman

    
[GRAPHIC] [TIFF OMITTED] CONGRESS.#06

    

                              FINAL EDITION

                             March 22, 2010

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                                                                52-843
                                U.S. GOVERNMENT PRINTING OFFICE : 2009
                                     
                                     
                 COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
                              ------------

                       TOM HARKIN, Iowa, Chairman

      PATRICK J. LEAHY, Vermont            SAXBY CHAMBLISS, Georgia
      KENT CONRAD, North Dakota            RICHARD G. LUGAR, Indiana
      MAX BAUCUS, Montana                  THAD COCHRAN, Mississippi
      BLANCHE L. LINCOLN, Arkansas         MITCH McCONNELL, Kentucky
      DEBBIE STABENOW, Michigan            PAT ROBERTS, Kansas
      E. BENJAMIN NELSON, Nebraska         LINDSEY GRAHAM, South 
      KEN SALAZAR, Colorado                  Carolina \4\
      SHERROD BROWN, Ohio \1\              NORM COLEMAN, Minnesota
      ROBERT CASEY, JR., Pennsylvania \2\  MICHAEL D. CRAPO, Idaho
      AMY KLOBUCHAR, Minnesota \3\         JOHN THUNE, South Dakota \5\
                                           CHARLES E. GRASSLEY, Iowa
  \1\ Elected to Committee, January 2, 2007
  \2\ Elected to Committee, January 2, 2007
  \3\ Elected to Committee, January 2, 2007
  \4\ Elected to Committee, January 2, 2007
  \5\ Elected to Committee, January 2, 2007

                 Mark Halverson, Majority Staff Director
                    Jessica L. Williams, Chief Clerk
            Martha Scott Poindexter, Minority Staff Director
                 Vernie Hubert, Minority General Counsel
                     ALPHABETICAL LIST OF THE COMMITTEE STAFF
                              ------------
                              Todd Batta, Professional Staff Member
                              Richard Bender, Minority Professional 
Staff Member
                              Eldon Boes, Senior Professional Staff 
Member
                              Cameron Bruett, Majority Professional 
Staff Member, Resigned
                              Philip Buchan, Minority Counsel
                              Jacob Chaney, Director of Information 
Technology
                              Dan Christensen, Professional Staff Member
                              Carlisle Clarke, Staff Assistant/
Legislative Correspondent
                              Cory Claussen, Staff Assistant/Legislative 
Correspondent
                              Katherine Coler, Minority Senior Policy 
Director
                              Matt Coley, Minority Professional Staff
                              Elizabeth Croker, Minority Senior 
Professional Staff
                              Katherine Cyrul, Communications Director
                              Katharine Ferguson, Professional Staff 
Member
                              John Ferrell, Professional Staff Member
                              Mark Halverson, Staff Director/Chief 
Counsel
                              Erin Hamm, Minority Communications 
Director
                              Jane Anna Harris, Minority Professional 
Staff Member
                              Anne Hazlett, Minority General Counsel
                              Vernie Hubert, Minority Chief Counsel
                              Kerri Johannsen, Professional Staff 
Member, Resigned
                              Susan Keith, Senior Counsel
                              Peter Kelley, Legislative Correspondent
                              Amy Lowenthal, Counsel
                              Tina May, Professional Staff Member
                              Stephanie Mercier, Chief Economist
                              Hayden Milberg, Minority Senior Economist
                              Derek Miller, Professional Staff Member
                              Andrew S. Morton, Majority Chief 
Economist, Resigned
                              Martha Scott Poindexter, Minority Staff 
Director
                              Adela Ramos, Professional Staff Member
                              Christy Seyfert, Senior Professional Staff 
Member
                              Justin Spickard, Staff Assistant, Resigned
                              Eric Steiner, Professional Staff Member, 
Resigned
                              Dawn Stump, Majority Senior Professional 
Staff Member, Resigned
                              Robert Sturm, Chief Clerk, Resigned
                              Jonathan Urban, Legislative Correspondent, 
Resigned
                              Jessica L. Williams, Chief Clerk
                              Micah B. Wortham, GPO Printer/Editor
                              ------------
                              Meeting days: First and third Wednesday of 
each month
                                  SUBCOMMITTEES 
  Messrs. Chambliss and Harkin are ex officio members of all 
subcommittees of which they are not regular members.
                              ------------

NUTRITION AND FOOD ASSISTANCE, SUSTAINABLE AND ORGANIC AGRICULTURE, AND 
                           GENERAL LEGISLATION
                   PATRICK J. LEAHY, Vermont, Chairman
    BLANCHE L. LINCOLN, Arkansas           NORM COLEMAN, Minnesota
    DEBBIE STABENOW, Michigan              RICHARD G. LUGAR, Indiana
    SHERROD BROWN, Ohio                    THAD COCHRAN, Mississippi
    ROBERT P. CASEY, Jr., Pennsylvania     MITCH McCONNELL, Kentucky
    AMY KLOBUCHAR, Minnesota               MICHEAL D. CRAPO, Idaho

             ENERGY, SCIENCE AND TECHNOLOGY
                   KENT CONRAD, North Dakota, Chairman
    E. BENJAMIN NELSON, Nebraska           JOHN THUNE, South Dakota
    KEN SALAZAR, Colorado                  RICHARD G. LUGAR, Indiana
    SHERROD BROWN, Ohio                    LINDSEY GRAHAM, South 
    ROBERT P. CASEY, Jr., Pennsylvania       Carolina
    AMY KLOBUCHAR, Minnesota               NORM COLEMAN, Minnesota
                                           CHARLES E. GRASSLEY, Iowa

 DOMESTIC AND FOREIGN MARKETING, INSPECTION, AND PLANT 
                    AND ANIMAL HEALTH
                      MAX BAUCUS, Montana, Chairman
    KENT CONRAD, North Dakota              LINDSEY GRAHAM, South 
    DEBBIE A. STABENOW, Michigan             Carolina
    E. BENJAMIN NELSON, Nebraska           MITCH McCONNELL, Kentucky
    KEN SALAZAR, Colorado                  PAT ROBERTS, Kansas
    ROBERT P. CASEY, Jr., Pennsylvania     MICHEAL D. CRAPO, Idaho
                                           JOHN THUNE, South Dakota

     PRODUCTION, INCOME PROTECTION AND PRICE SUPPORT
                 BLANCHE L. LINCOLN, Arkansas, Chairman
    PATRICK J. LEAHY, Vermont              PAT ROBERTS, Kansas
    KENT CONRAD, North Dakota              THAD COCHRAN, Mississippi
    MAX BAUCUS, Montana                    NORM COLEMAN, Minnesota
    SHERROD BROWN, Ohio                    JOHN THUNE, South Dakota
    AMY KLOBUCHAR, Minnesota               CHARLES E. GRASSLEY, Iowa

 RURAL REVITALIZATION, CONSERVATION, FORESTRY AND CREDIT
                 DEBBIE A. STABENOW, Michigan, Chairman
    PATRICK J. LEAHY, Vermont              MICHEAL D. CRAPO, Idaho
    MAX BAUCUS, Montana                    RICHARD G. LUGAR, Indiana
    BLANCHE L. LINCOLN, Arkansas           THAD COCHRAN, Mississippi
    E. BENJAMIN NELSON, Nebraska           MITCH McCONNELL, Kentucky
    KEN SALAZAR, Colorado                  LINDSEY GRAHAM, South 
                                             Carolina
                                     CONTENTS
                              ------------
                                                                    Page

      Jurisdiction of the Committee on Agriculture, Nutrition, and 
        Forestry........................................................

                                                                       1

      Senate bills......................................................

                                                                      13

      Senate amendments.................................................

                                                                      31

      Senate resolutions................................................

                                                                      33

      Senate joint resolutions..........................................

                                                                      35

      Senate concurrent resolutions.....................................

                                                                      37

      Senate reports....................................................

                                                                      39

      Conference reports................................................

                                                                      41

      Public laws.......................................................

                                                                      43

      Nominations.......................................................

                                                                      45

      Executive communications..........................................

                                                                      47

      Watershed projects................................................

                                                                      83

      Hearings..........................................................

                                                                      85

      Index by Senators.................................................

                                                                      87

      Subject index.....................................................

                                                                      97

      Index to Sponsors.................................................

                                                                      99

 JURISDICTION OF THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY 
                                   \1\
 JURISDICTION OF THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY--
                                Continued
                              ------------
  (a)(1) Committee on Agriculture, Nutrition, and Forestry, to which 
committee shall be referred all proposed legislation, messages, 
petitions, memorials, and other matters relating primarily to the 
following subjects:
  \1\ As specified in Rule XXV of the Standing Rules of the United 
States Senate.
   1. Agricultural economics and research.
   2. Agricultural extension services and experiment stations.
   3. Agricultural production, marketing, and stabilization of prices.
   4. Agriculture and agricultural commodities.
   5. Animal industry and diseases.
   6. Crop insurance and soil conservation.
   7. Farm credit and farm security.
   8. Food from fresh waters.
   9. Food stamp programs.
  10. Forestry, and forest reserves and wilderness areas other than 
those created from the public domain.
  11. Home economics.
  12. Human nutrition.
  13. Inspection of livestock, meat, and agricultural products.
  14. Pests and pesticides.
  15. Plant industry, soils, and agricultural engineering.
  16. Rural development, rural electrification, and watersheds.
  17. School nutrition programs.
  (2) Such committee shall also study and review, on a comprehensive 
basis, matters relating to food, nutrition, and hunger, both in the 
United States and in foreign countries, and rural affairs, and report 
thereon from time to time.
     RULES OF THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
                            RULE 1--MEETINGS
  1.1 Regular Meetings.--Regular meetings shall be held on the first and 
third Wednesday of each month when Congress is in session.
  1.2 Additional Meetings.--The Chairman, in consultation with the 
Ranking Minority Member, may call such additional meetings as he deems 
necessary.
  1.3 Notification.--In the case of any meeting of the committee, other 
than a regularly scheduled meeting, the clerk of the committee shall 
notify every member of the committee of the time and place of the 
meeting and shall give reasonable notice which, except in extraordinary 
circumstances, shall be at least 24 hours in advance of any meeting held 
in Washington, DC. and at least 48 hours in the case of any meeting held 
outside Washington, DC.
  1.4 Called Meeting.--If three members of the committee have made a 
request in writing to the Chairman to call a meeting of the committee, 
and the Chairman fails to call such a meeting within 7 calendar days 
thereafter, including the day on which the written notice is submitted, 
a majority of the members may call a meeting by filing a written notice 
with the clerk of the committee who shall promptly notify each member of 
the committee in writing of the date and time of the meeting.
  1.5 Adjournment of Meetings.--The Chairman of the committee or a 
subcommittee shall be empowered to adjourn any meeting of the committee 
or a subcommittee if a quorum is not present within 15 minutes of the 
time scheduled for such meeting.
                RULE 2--MEETINGS AND HEARINGS IN GENERAL
  2.1 Open Sessions.--Business meetings and hearings held by the 
committee or any subcommittee shall be open to the public except as 
otherwise provided for in Senate Rule XXVI, paragraph 5.
  2.2 Transcripts.--A transcript shall be kept of each business meeting 
and hearing of the committee or any subcommittee unless a majority of 
the committee or the subcommittee agrees that some other form of 
permanent record is preferable.
  2.3 Reports.--An appropriate opportunity shall be given the Minority 
to examine the proposed text of committee reports prior to their filing 
or publication. In the event there are supplemental, minority, or 
additional views, an appropriate opportunity shall be given the Majority 
to examine the proposed text prior to filing or publication.
  2.4 Attendance.--(a) Meetings. Official attendance of all markups and 
executive sessions of the committee shall be kept by the committee 
clerk. Official attendance of all subcommittee markups and executive 
sessions shall be kept by the subcommittee clerk.
  (b) Hearings. Official attendance of all hearings shall be kept, 
provided that, Senators are notified by the committee Chairman and 
ranking minority member, in the case of committee hearings, and by the 
subcommittee Chairman and ranking minority member, in the case of 
subcommittee hearings, 48 hours in advance of the hearing that 
attendance will be taken. Otherwise, no attendance will be taken. 
Attendance at all hearings is encouraged.
                       RULE 3--HEARING PROCEDURES
  3.1 Notice.--Public notice shall be given of the date, place, and 
subject matter of any hearing to be held by the committee or any 
subcommittee at least 1 week in advance of such hearing unless the 
Chairman of the full committee or the subcommittee determines that the 
hearing is noncontroversial or that special circumstances require 
expedited procedures and a majority of the committee or the subcommittee 
involved concurs. In no case shall a hearing be conducted with less than 
24 hours notice.
  3.2 Witness Statements.--Each witness who is to appear before the 
committee or any subcommittee shall file with the committee or 
subcommittee, at least 24 hours in advance of the hearing, a written 
statement of his or her testimony and as many copies as the Chairman of 
the committee or subcommittee prescribes.
  3.3 Minority Witnesses.--In any hearing conducted by the committee, or 
any subcommittee thereof, the minority members of the committee or 
subcommittee shall be entitled, upon request to the Chairman by the 
ranking minority member of the committee or subcommittee to call 
witnesses of their selection during at least 1 day of such hearing 
pertaining to the matter or matters heard by the committee or 
subcommittee.
  3.4 Swearing in of Witnesses.--Witnesses in committee or subcommittee 
hearings may be required to give testimony under oath whenever the 
Chairman or ranking minority member of the committee or subcommittee 
deems such to be necessary.
  3.5 Limitation.--Each member shall be limited to 5 minutes in the 
questioning of any witness until such time as all members who so desire 
have had an opportunity to question a witness. Questions from members 
shall rotate from majority to minority members in order of seniority or 
in order of arrival at the hearing.
                           RULE 4--NOMINATIONS
  4.1 Assignment.--All nominations shall be considered by the full 
committee.
  4.2 Standards.--In considering a nomination, the committee shall 
inquire into the nominee's experience, qualifications, suitability, and 
integrity to serve in the position to which he or she has been 
nominated.
  4.3 Information.--Each nominee shall submit in response to questions 
prepared by the committee the following information:
  (1) A detailed biographical resume which contains information relating 
to education, employment, and achievements;
  (2) Financial information, including a financial statement which lists 
assets and liabilities of the nominee; and
  (3) Copies of other relevant documents requested by the committee.
  Information received pursuant to this subsection shall be available 
for public inspection except as specifically designated confidential by 
the committee.
  4.4 Hearings.--The committee shall conduct a public hearing during 
which the nominee shall be called to testify under oath on all matters 
relating to his or her suitability for office. No hearing shall be held 
until at least 48 hours after the nominee has responded to a prehearing 
questionnaire submitted by the committee.
  4.5 Action on Confirmation.--A business meeting to consider a 
nomination shall not occur on the same day that the hearing on the 
nominee is held. The Chairman, with the agreement of the ranking 
minority member, may waive this requirement.
                             RULE 5--QUORUMS
  5.1 Testimony.--For the purpose of receiving evidence, the swearing of 
witnesses, and the taking of sworn or unsworn testimony at any duly 
scheduled hearing, a quorum of the committee and each subcommittee 
thereof shall consist of one member.
  5.2 Business.--A quorum for the transaction of committee or 
subcommittee business, other than for reporting a measure or 
recommendation to the Senate or the taking of testimony, shall consist 
of one-third of the members of the committee or subcommittee, including 
at least one member from each party.
  5.3 Reporting.--A majority of the membership of the committee shall 
constitute a quorum for reporting bills, nominations, matters, or 
recommendations to the Senate. No measure or recommendation shall be 
ordered reported from the committee unless a majority of the committee 
members are physically present. The vote of the committee to report a 
measure or matter shall require the concurrence of a majority of those 
members who are physically present at the time the vote is taken.
                             RULE 6--VOTING
  6.1 Rollcalls.--A roll call vote of the members shall be taken upon 
the request of any member.
  6.2 Proxies.--Voting by proxy as authorized by the Senate rules for 
specific bills or subjects shall be allowed whenever a quorum of the 
committee is actually present.
  6.3 Polling.--The committee may poll any matters of committee 
business, other than a vote on reporting to the Senate any measures, 
matters or recommendations or a vote on closing a meeting or hearing to 
the public, provided that every member is polled and every poll consists 
of the following two questions:
  (1) Do you agree or disagree to poll the proposal; and
  (2) Do you favor or oppose the proposal.
  If any member requests, any matter to be polled shall be held for 
meeting rather than being polled. The chief clerk of the committee shall 
keep a record of all polls.
                          RULE 7--SUBCOMMITTEES
  7.1 Assignments.--To assure the equitable assignment of members to 
subcommittees, no member of the committee will receive assignment to a 
second subcommittee until, in order of seniority, all members of the 
committee have chosen assignments to one subcommittee, and no member 
shall receive assignment to a third subcommittee until, in order of 
seniority, all members have chosen assignments to two subcommittees.
  7.2 Attendance.--Any member of the committee may sit with any 
subcommittee during a hearing or meeting but shall not have the 
authority to vote on any matter before the subcommittee unless he or she 
is a member of such subcommittee.
  7.3 Ex Officio Members.--The Chairman and ranking minority member 
shall serve as nonvoting ex officio members of the subcommittees on 
which they do not serve as voting members. The Chairman and ranking 
minority member may not be counted toward a quorum.
  7.4 Scheduling.--No subcommittee may schedule a meeting or hearing at 
a time designated for a hearing or meeting of the full committee. No 
more than one subcommittee business meeting may be held at the same 
time.
  7.5 Discharge.--Should a subcommittee fail to report back to the full 
committee on any measure within a reasonable time, the Chairman may 
withdraw the measure from such subcommittee and report that fact to the 
full committee for further disposition. The full committee may at any 
time, by majority vote of those members present, discharge a 
subcommittee from further consideration of a specific piece of 
legislation.
  7.6 Application of Committee Rules to Subcommittees.--The proceedings 
of each subcommittee shall be governed by the rules of the full 
committee, subject to such authorizations or limitations as the 
committee may from time to time prescribe.
            RULE 8--INVESTIGATIONS, SUBPOENAS AND DEPOSITIONS
  8.1 Investigations.--Any investigation undertaken by the committee or 
a subcommittee in which depositions are taken or subpoenas issued, must 
be authorized by a majority of the members of the committee voting for 
approval to conduct such investigation at a business meeting of the 
committee convened in accordance with Rule 1.
  8.2 Subpoenas.--The Chairman, with the approval of the ranking 
minority member of the committee, is delegated the authority to subpoena 
the attendance of witnesses or the production of memoranda, documents, 
records, or any other materials at a hearing of the committee or a 
subcommittee or in connection with the conduct of an investigation 
authorized in accordance with paragraph 8.1. The Chairman may subpoena 
attendance or production without the approval of the ranking minority 
member when the Chairman has not received notification from the ranking 
minority member of disapproval of the subpoena within 72 hours, 
excluding Saturdays and Sundays, of being notified of the subpoena. If a 
subpoena is disapproved by the ranking minority member as provided in 
this paragraph the subpoena may be authorized by vote of the members of 
the committee. When the committee or Chairman authorizes subpoenas, 
subpoenas may be issued upon the signature of the Chairman or any other 
member of the committee designated by the Chairman.
  8.3 Notice for Taking Depositions.--Notices for the taking of 
depositions, in an investigation authorized by the committee, shall be 
authorized and be issued by the Chairman or by a staff officer 
designated by him. Such notices shall specify a time and place for 
examination, and the name of the Senator, staff officer or officers who 
will take the deposition. Unless otherwise specified, the deposition 
shall be in private. The committee shall not initiate procedures leading 
to criminal or civil enforcement proceedings for a witness' failure to 
appear unless the deposition notice was accompanied by a committee 
subpoena.
  8.4 Procedure for Taking Depositions.--Witnesses shall be examined 
upon oath administered by an individual authorized by local law to 
administer oaths. The Chairman will rule, by telephone or otherwise, on 
any objection by a witness. The transcript of a deposition shall be 
filed with the committee clerk.
                       RULE 9--AMENDING THE RULES
  These rules shall become effective upon publication in the 
Congressional Record. These rules may be modified, amended, or repealed 
by the committee, provided that all members are present or provide 
proxies or if a notice in writing of the proposed changes has been given 
to each member at least 48 hours prior to the meeting at which action 
thereon is to be taken. The changes shall become effective immediately 
upon publication of the changed rule or rules in the Congressional 
Record, or immediately upon approval of the changes if so resolved by 
the committee as long as any witnesses who may be affected by the change 
in rules are provided with them.