[Congressional Record Volume 153, Number 187 (Friday, December 7, 2007)]
[Senate]
[Pages S15034-S15036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3819. Mr. BROWN (for himself, Mr. Sununu, Mrs. McCaskill, Mr. 
McCain, Mr. Durbin, and Mr. Schumer) proposed an amendment to amendment 
SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; as follows:

       On page 272, between lines 2 and 3, insert the following:

     SEC. 19__. ENTERPRISE AND WHOLE FARM UNITS.

       Section 508(e) of Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) is amended by adding at the end the following:
       ``(6) Enterprise and whole farm units.--
       ``(A) In general.--The Corporation may carry out a pilot 
     program under which the Corporation pays a portion of the 
     premiums for plans or policies of insurance for which the 
     insurable unit is defined on a whole farm or enterprise unit 
     basis that is higher than would otherwise be paid in 
     accordance with paragraph (2) for policyholders that convert 
     from a plan or policy of insurance for which the insurable 
     unit is defined on optional or basic unit basis.
       ``(B) Eligibility.--To be eligible to participate in a 
     pilot program established under this paragraph, a 
     policyholder shall--
       ``(i) have purchased additional coverage for the 2005 crop 
     year on an optional or basic unit basis for at least 90 
     percent of the acreage to be covered by enterprise or whole 
     farm unit policy for the current crop; and
       ``(ii) purchase the enterprise or whole farm unit policy at 
     not less than the highest coverage level that was purchased 
     for the acreage for the 2005 crop year.
       ``(C) Amount.--
       ``(i) In general.--The amount of premium per acre paid by 
     the Corporation to a policyholder for a policy with an 
     enterprise or whole farm unit under this paragraph shall

[[Page S15035]]

     be, to the maximum extent practicable, equal to the average 
     dollar amount of subsidy per acre paid by the Corporation 
     under paragraph (2) for a basic or optional unit.
       ``(ii) Limitation.--The amount of the premium paid by the 
     Corporation under this paragraph may not exceed the total 
     premium for the enterprise or whole farm unit policy.
       ``(D) Conversion of pilot to a permanent program.--Not 
     earlier than 180 days after the date of enactment of this 
     paragraph, the Corporation may convert the pilot program 
     described in this paragraph to a permanent program if the 
     Corporation has--
       ``(i) carried out the pilot program;
       ``(ii) analyzed the results of the pilot program; and
       ``(iii) submitted to Congress a report describing the 
     results of the analysis.''.
       On page 272, after line 24, insert the following:

     SEC. 19__. SHARE OF RISK.

       Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Share of risk.--The reinsurance agreements of the 
     Corporation with the reinsured companies shall require the 
     cumulative underwriting gain or loss, and the associated 
     premium and losses with such amount, calculated under any 
     reinsurance agreement (except livestock) ceded to the 
     Corporation by each approved insurance provider to be not 
     less than 15 percent.''.
       On page 273, strike lines 9 through 19 and insert the 
     following:
       ``(E) Reimbursement rate reduction.--For each of the 2009 
     and subsequent reinsurance years, the reimbursement rate for 
     administrative and operating costs for all crop insurance 
     policies used to define loss ratio shall be the lesser of--
       ``(i) 2 percentage points below the rates in effect as of 
     the date of enactment of the Food and Energy Security Act of 
     2007, except that this clause shall not apply in a 
     reinsurance year to the total premium written in a State in 
     which the loss ratio is greater than 1.2; or
       ``(ii) the national average reimbursement dollar amount per 
     policy for all buy-up policies during each of the 2004 
     through 2006 reinsurance years, except that this clause shall 
     not apply--

       ``(I) in a reinsurance year to the total premium written in 
     a State in which the loss ratio is greater than 1.2; and
       ``(II) in a State is underserved by the Federal crop 
     insurance program, as determined by the Corporation.''.

       Beginning on page 274, strike line 3 and all that follows 
     through page 275, line 14, and insert the following:

     SEC. 1912. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT.

       Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)) (as amended by section __) is amended by adding at 
     the end the following:
       ``(8) Renegotiation of standard reinsurance agreement.--
       ``(A) In general.--Notwithstanding section 536 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 1506 note; Public Law 105-185) and section 148 
     of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
     1506 note; Public Law 106-224), the Corporation may 
     renegotiate the financial terms and conditions of each 
     Standard Reinsurance Agreement--
       ``(i) following the reinsurance year ending June 30, 2010;
       ``(ii) once during each period of 3 reinsurance years 
     thereafter; and
       ``(iii) subject to subparagraph (B), in any case in which 
     the approved insurance providers, as a whole, experience 
     unexpected adverse circumstances, as determined by the 
     Secretary.
       ``(B) Notification requirement.--If the Corporation 
     renegotiates a Standard Reinsurance Agreement under 
     subparagraph (A)(iii), the Corporation shall notify the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate of the renegotiation.''.
       On page 292, strike lines 8 through 11 and insert the 
     following:
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Contracting, data mining, and comprehensive 
     information management system.--Of the amounts made available 
     from the insurance fund established under section 516(c), the 
     Corporation may use not more than $12,000,000 for fiscal year 
     2008 and each subsequent fiscal year to carry out, in 
     addition to other available funds--
       ``(A) contracting and partnerships under subsections (c) 
     and (d);
       ``(B) data mining and data warehousing under section 
     515(j)(2);
       ``(C) the comprehensive information management system under 
     section 10706 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8002);
       ``(D) compliance activities, including costs for additional 
     personnel; and
       ``(E) development, modernization, and enhancement of the 
     information technology systems used to manage and deliver the 
     crop insurance program.''; and
       On page 445, line 20, strike ``$97,000,000'' and insert 
     ``$107,000,000''.
       On page 445, line 24, strike ``$240,000,000'' and inert 
     ``$290,000,000''.
       On page 446, line 4, strike ``$1,270,000,000'' and insert 
     ``$1,300,000,000''.
       On page 446, line 6, strike ``$1,300,000,000'' and adding 
     ``$1,330,000,000''.
       On page 552, strike lines 3 through 6 and insert the 
     following:
       (5) in subsection (l)(1), by striking ``for fiscal year 
     2003'' and inserting ``for each of fiscal years 2009 and 
     2010''.
       Beginning on page 566, strike line 1 and all that follows 
     through page 567, line 21, and insert the following:

     SEC. 4102. STRENGTHENING THE FOOD PURCHASING POWER OF LOW-
                   INCOME AMERICANS.

       Section 5(e)(1) of the Food and Nutrition Act of 2007 (7 
     U.S.C. 2014(e)(1)) is amended--
       (1) in subparagraph (A)(ii), by striking ``not less than 
     $134'' and all that follows through the end of the clause and 
     inserting the following: ``not less than--

       ``(I) for fiscal year 2008, $141, $241, $199, and $124, 
     respectively;
       ``(II) for each of fiscal years 2009 through 2012, an 
     amount that is equal to the amount from the previous fiscal 
     year adjusted to the nearest lower dollar increment to 
     reflect changes for the 12-month period ending on the 
     preceding June 30 in the Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor, for items other than food;
       ``(III) for fiscal year 2013, $134, $229, $189, and $118, 
     respectively; and
       ``(IV) for fiscal year 2014 and each fiscal year 
     thereafter, an amount that is equal to the amount from the 
     previous fiscal year adjusted to the nearest lower dollar 
     increment to reflect changes for the 12-month period ending 
     on the preceding June 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor, for items other than food.'';

       (2) in subparagraph (B)(ii), by striking ``not less than 
     $269.'' and inserting the following: ``not less than--

       ``(I) for fiscal year 2008, $283;
       ``(II) for each of fiscal years 2009 through 2012, an 
     amount that is equal to the amount from the previous fiscal 
     year adjusted to the nearest lower dollar increment to 
     reflect changes for the 12-month period ending on the 
     preceding June 30 in the Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor, for items other than food;
       ``(III) for fiscal year 2013, $269; and
       ``(IV) for fiscal year 2014 and each fiscal year 
     thereafter, an amount that is equal to the amount from the 
     previous fiscal year adjusted to the nearest lower dollar 
     increment to reflect changes for the 12-month period ending 
     on the preceding June 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor, for items other than food.''; and

       (3) by adding at the end the following:
       ``(C) Requirement.--Each adjustment under subclauses (II) 
     and (IV) of subparagraph (A)(ii) and subclauses (II) and (IV) 
     of subparagraph (B)(ii) shall be based on the unrounded 
     amount for the prior 12-month period.''.
       On page 692, strike line 12.
                                 ______
                                 
  SA 3820. Mr. BAUCUS (for himself and Mr. Crapo) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3__. AGRICULTURAL SUPPLY.

       (a) In General.--Section 902(1) of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1)) 
     is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (1); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Agricultural supply.--The term `agricultural supply' 
     includes--
       ``(A) agricultural commodities; and
       ``(B)(i) agriculture-related processing equipment;
       ``(ii) agriculture-related machinery; and
       ``(iii) other capital goods related to the storage or 
     handling of agricultural commodities or products.''.
       (b) Conforming Amendments.--The Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is 
     amended--
       (1) by striking ``agricultural commodities'' each place it 
     appears and inserting ``agricultural supplies'';
       (2) in section 904(2), by striking ``agricultural 
     commodity'' and inserting ``agricultural supply''; and
       (3) in section 910(a), in the subsection heading, by 
     striking ``Agricultural Commodities'' and inserting 
     ``Agricultural Supplies''.

     SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.

       Section 908(b)(1) of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) striking ``(1) In general.--No United States person'' 
     and inserting the following:

[[Page S15036]]

       ``(1) Prohibition.--
       ``(A) In general.--No United States person''; and
       (3) in the undesignated matter following clause (ii) (as 
     redesignated by paragraph (1)), by striking ``Nothing in this 
     paragraph'' and inserting the following:
       ``(B) Definition of payment of cash in advance.--
     Notwithstanding any other provision of law, for purposes of 
     this paragraph, the term `payment of cash in advance' means 
     only that payment must be received by the seller of an 
     agricultural supply to Cuba or any person in Cuba before 
     surrendering physical possession of the agricultural supply.
       ``(C) Regulations.--The Secretary of the Treasury shall 
     publish in the Federal Register a description of the contents 
     of this section as a clarification of the regulations of the 
     Secretary regarding sales under this title to Cuba.
       ``(D) Clarification.--Nothing in this paragraph''.

     SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED 
                   TRANSACTIONS WITH CUBA.

       Section 910 of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding 
     at the end the following:
       ``(c) General License Authority for Travel-Related 
     Expenditures in Cuba by Persons Engaging in TSREEA-Authorized 
     Sales and Marketing Activities.--
       ``(1) Definition of sales and marketing activity.--
       ``(A) In general.--In this subsection, the term `sales and 
     marketing activity' means any activity with respect to travel 
     to, from, or within Cuba that is undertaken by United States 
     persons--
       ``(i) to explore the market in Cuba for products authorized 
     under this title; or
       ``(ii) to engage in sales activities with respect to such 
     products.
       ``(B) Inclusion.--The term `sales and marketing activity' 
     includes exhibiting, negotiating, marketing, surveying the 
     market, and delivering and servicing products authorized 
     under this title.
       ``(2) Authorization.--The Secretary of the Treasury shall 
     authorize under a general license the travel-related 
     transactions listed in paragraph (c) of section 515.560 of 
     title 31, Code of Federal Regulations (as in effect on June 
     1, 2007), for travel to, from, or within Cuba in connection 
     with sales and marketing activities involving products 
     approved for sale under this title.
       ``(3) Authorized persons.--Persons authorized to travel to 
     Cuba under paragraph (2) shall include--
       ``(A) producers of products authorized under this title;
       ``(B) distributors of such products; and
       ``(C) representatives of trade organizations that promote 
     the interests of producers and distributors of such products.
       ``(4) Regulations.--The Secretary of the Treasury shall 
     promulgate such rules and regulations as are necessary to 
     carry out this subsection.''.

     SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND 
                   UNITED STATES FINANCIAL INSTITUTIONS.

       The Trade Sanctions Reform and Export Enhancement Act of 
     2000 is amended--
       (1) by redesignating section 911 (22 U.S.C. 7201 note; 
     Public Law 106-387) as section 912; and
       (2) by inserting after section 910 (22 U.S.C. 7209) the 
     following:

     ``SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN 
                   AND UNITED STATES FINANCIAL INSTITUTIONS.

       ``Notwithstanding any other provision of law (including 
     regulations), the President shall not restrict direct 
     transfers from Cuban to United States financial institutions 
     executed in payment for products authorized by this Act.''.

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