[Congressional Record Volume 158, Number 84 (Wednesday, June 6, 2012)]
[Senate]
[Pages S3787-S3797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2156. Mrs. GILLIBRAND (for herself, Mr. Lautenberg, Mr. Schumer, 
Mr. Reed, Mr. Wyden, Mrs. Boxer, and Mr. Menendez) submitted an 
amendment intended to be proposed by her to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 312, strike line 9 and all that follows 
     through the end of page 313.
       On page 361, strike lines 1 through 8 and insert the 
     following:

     SEC. 4207. PURCHASE OF COMMODITIES BY COMMODITY CREDIT 
                   CORPORATION.

       When the Secretary considers the purchasing of commodities 
     by the Commodity Credit Corporation or under section 32 of 
     the Act of August 24, 1935 (7 U.S.C. 612c), in addition to 
     other appropriate considerations, the Secretary may consider 
     the needs of the States and the demands placed on emergency 
     feeding organizations.

     SEC. 4208. FRESH FRUIT AND VEGETABLE PROGRAM.

       Section 19(i) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769a(i)) is amended--
       (1) by redesignating paragraphs (4) through (7) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Mandatory funding.--In addition to any other amounts 
     made available to carry out this section, on October 1, 2012, 
     and on each October 1 thereafter through October 1, 2021, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary to 
     carry out this section $50,000,000, to remain available until 
     expended.''.
       On page 953, between lines 8 and 9, insert the following:

     SEC. 11011. ANNUAL LIMITATION ON DELIVERY EXPENSES AND 
                   REDUCED RATE OF RETURN.

       (a) Annual Limitation on Delivery Expenses.--Section 
     508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)(4)) is amended by adding at the end the following:
       ``(G) Annual limitation on delivery expenses.--Beginning 
     with the 2014 reinsurance year, the amount paid by the 
     Corporation to reimburse approved insurance providers and 
     agents for the administrative and operating costs of the 
     approved insurance providers and agents shall not exceed 
     $825,000,000 per year.''.
       (b) Reduced Rate of Return.--Section 508(k)(8) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(k)(8)) (as amended 
     by section 11010) is amended by adding at the end the 
     following:
       ``(G) Reduced rate of return.--Beginning with the 2014 
     reinsurance year, the Standard Reinsurance Agreement shall be 
     adjusted to ensure a projected rate of return for the 
     approved insurance producers not to exceed 12 percent, as 
     determined by the Corporation.''.
                                 ______
                                 
  SA 2157. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1009, after line 11, add the following:

     SEC. 12207. SUPPORT FOR STATE AND TRIBAL GOVERNMENT EFFORTS 
                   TO PROMOTE DOMESTIC MAPLE SYRUP INDUSTRY.

       (a) Grants Authorized; Authorized Activities.--The 
     Secretary of Agriculture may make grants to States and tribal 
     governments to support their efforts to promote the domestic 
     maple syrup industry through the following activities:
       (1) Promotion of research and education related to maple 
     syrup production.
       (2) Promotion of natural resource sustainability in the 
     maple syrup industry.
       (3) Market promotion for maple syrup and maple-sap 
     products.
       (4) Encouragement of owners and operators of privately held 
     land containing species of tree in the genus Acer--
       (A) to initiate or expand maple-sugaring activities on the 
     land; or
       (B) to voluntarily make the land available, including by 
     lease or other means, for access by the public for maple-
     sugaring activities.
       (b) Applications.--In submitting an application for a grant 
     under this section, a State or tribal government shall 
     include--
       (1) a description of the activities to be supported using 
     the grant funds;
       (2) a description of the benefits that the State or tribal 
     government intends to achieve as a result of engaging in such 
     activities; and
       (3) an estimate of the increase in maple-sugaring 
     activities or maple syrup production that the State or tribal 
     government anticipates will occur as a result of engaging in 
     such activities.
       (c) Relationship to Other Laws.--Nothing in this section 
     preempts a State or tribal government law, including any 
     State or tribal government liability law.
       (d) Definition of Maple Sugaring.--In this section, the 
     term ``maple-sugaring'' means the collection of sap from any 
     species of tree in the genus Acer for the purpose of boiling 
     to produce food.
       (e) Regulations.--The Secretary of Agriculture shall 
     promulgate such regulations as are necessary to carry out 
     this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2012 through 2015.
                                 ______
                                 
  SA 2158. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title III, add the following:

                 Subtitle D--Milk Import Tariff Equity

     SEC. 3301. SHORT TITLE.

       This subtitle may be cited as the ``Milk Import Tariff 
     Equity Act''.

     SEC. 3302. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN 
                   AND MILK CONCENTRATES.

       (a) Casein and Casein Products.--
       (1) In general.--The Additional U.S. Notes to chapter 35 of 
     the Harmonized Tariff Schedule of the United States are 
     amended--
       (A) by striking ``Additional U.S. Note'' and inserting 
     ``Additional U.S. Notes'';
       (B) in Note 1, by striking ``subheading 3501.10.10'' and 
     inserting ``subheadings 3501.10.05, 3501.10.15, and 
     3501.10.20''; and
       (C) 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.''.
       (2) 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:


[[Page S3788]]



``          3501.10       Casein:                                      ..........................
                           Milk protein concentrate:                   ..........................
         3501.10.05         Described in general note 15    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                             of the tariff schedule and         s/kg    E, IL, J, JO, KR, MA, MX,        kg
                             entered pursuant to its                    OM, P, PE, SG)
                             provisions...................             0.2 cents/kg (AU)
         3501.10.15         Described in additional U.S.    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                             note 2 to this chapter and         s/kg    E, IL, J, JO, KR, MA, OM,        kg
                             entered according to its                   P, PE, SG)
                             provisions...................             0.2 cents/kg (AU)
         3501.10.20         Other.........................  $2.16/kg   Free (MX)                   $2.81/kg
                           Other:                                      ..........................
         3501.10.55         Suitable only for industrial        Free   ..........................      Free
                             uses other than the
                             manufacture of food for
                             humans or other animals or as
                             ingredients in such food.....
                            Other:                                     ..........................
         3501.10.60          Described in general note 15   0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                              of the tariff schedule and        s/kg    E, IL, J, JO, KR, MA, MX,        kg
                              entered pursuant to its                   OM, P, PE, SG)
                              provisions..................             0.2 cents/kg (AU)
         3501.10.65          Described in additional U.S.   0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                              note 2 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,        kg
                              entered according to its                  P, PE, SG)
                              provisions..................             0.2 cents/kg (AU)
         3501.10.70          Other........................  $2.16/kg   Free (MX)                   $2.81/kg
            3501.90       Other:                                       ..........................
         3501.90.05        Casein glues...................        6%   Free (A, AU, BH, CA, CL,         30%
                                                                        CO, E, IL, J, JO, MA, MX,
                                                                        OM, P, PE, SG)
                                                                       4.8% (KR)
                           Other:                                      ..........................
         3501.90.30         Suitable only for industrial          6%   Free (A, AU, BH, CA, CL,         30%
                             uses other than the                        CO, E, IL, J, JO, MA, MX,
                             manufacture of food for                    OM, P, PE, SG)
                             humans or other animals or as             4.8% (KR)
                             ingredients in such food.....
                            Other:                                     ..........................
         3501.90.55          Described in general note 15   0.37 cent  Free (A, BH, CA, CL, CO,    12.1 cent
                              of the tariff schedule and        s/kg    E, IL, J, JO, KR, MA, MX,      s/kg
                              entered pursuant to its                   OM, P, PE, SG)
                              provisions..................             0.2 cents/kg (AU)
         3501.90.65          Described in additional U.S.   0.37 cent  Free (A, BH, CA, CL, CO,    12.1 cent
                              note 2 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,      s/kg
                              entered according to its                  P, PE, SG)
                              provisions..................             0.2 cents/kg (AU)
         3501.90.70          Other........................  $2.16/kg   Free (MX)                   $2.81/kg   ''
                                                                                                               .


[[Page S3789]]

       (b) Milk Protein Concentrates.--
       (1) In general.--The Additional U.S. Notes to chapter 4 of 
     the Harmonized Tariff Schedule of the United States are 
     amended--
       (A) in Note 13, by striking ``subheading 0404.90.10'' and 
     inserting ``subheadings 0404.90.05, 0404.90.15, and 
     0404.90.20''; and
       (B) 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.''.
       (2) 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 note 15    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                             of the tariff schedule and         s/kg    E, IL, J, JO, KR, MA, MX,        kg
                             entered pursuant to its                    OM, P, PE, SG)
                             provisions...................              0.2 cents/kg (AU)
         0404.90.15         Described in additional U.S.    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
                             note 27 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,        kg
                             entered pursuant to its                    P, PE, SG)
                             provisions...................             0.2 cents/kg (AU)
         0404.90.20         Other.........................  $1.56/kg   Free (MX)                   $2.02/kg   ''
                                                                                                               .

       (c) Effective Date.--
       (1) 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.
       (2) Transitional provisions.--
       (A) Chapter 35.--Notwithstanding the amendments made by 
     subsection (a)(1) of this section, in the case of any 
     calendar year that includes the effective date described in 
     paragraph (1), 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.
       (B) Chapter 4.--Notwithstanding the amendments made by 
     subsection (b)(1) of this section, in the case of any 
     calendar year that includes the effective date described in 
     paragraph (1), 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.

     SEC. 3303. COMPENSATION AUTHORITY.

       (a) In General.--If the provisions of section 3302 require, 
     the President--
       (1) 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
       (2) 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.
       (b) Limitations.--
       (1) In general.--No proclamation shall be made pursuant to 
     subsection (a) decreasing any general rate of duty to a rate 
     that is less than 70 percent of the existing general rate of 
     duty.
       (2) 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 
     (19 U.S.C. 2902) or under an agreement entered into under 
     section 2103 (a) or (b) of the Bipartisan Trade Promotion 
     Authority Act of 2002 (19 U.S.C. 3803), the proclamation made 
     pursuant to subsection (a) 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 that is not less than 70 percent 
     of the general rate of duty proclaimed as the final stage 
     under such agreement.
       (3) Rounding.--If the President determines that such action 
     will simplify the computation of the amount of duty computed 
     with respect to an article, the President may exceed the 
     limitations provided in paragraphs (1) and (2) by not more 
     than the lesser of--
       (A) the difference between such limitation and the next 
     lower whole number, or
       (B) one-half of 1 percent ad valorem.
                                 ______
                                 
  SA 2159. Mrs. SHAHEEN (for herself, Mr. Luger, Mr. Kirk, Mr. Durbin, 
Mr. Toomey, and Mr. Coats) submitted an amendment intended to be 
proposed by her to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike subtitle C of title I and insert the following:

                           Subtitle C--Sugar

     SEC. 1301. SUGAR PROGRAM.

       (a) Sugarcane.--Section 156(a) of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is 
     amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) 18 cents per pound for raw cane sugar for each of the 
     2013 through 2017 crop years.''.
       (b) Sugar Beets.--Section 156(b)(2) of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272(b)(2)) is amended by striking ``2012'' and inserting 
     ``2017''.
       (c) Effective Period.--Section 156(i) of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272(i)) is amended by striking ``2012'' and inserting 
     ``2017''.

     SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.

       (a) In General.--Section 359b of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1359bb) is amended--
       (1) in subsection (a)(1)--
       (A) in the matter before subparagraph (A), by striking 
     ``2012'' and inserting ``2017''; and
       (B) in subparagraph (B), by inserting ``at reasonable 
     prices'' after ``stocks'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``but'' after the 
     semicolon at the end and inserting ``and''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) appropriate to maintain adequate domestic supplies at 
     reasonable prices, taking into account all sources of 
     domestic supply, including imports.''; and
       (3) in subsection (c)(2)(C), by striking ``if the 
     disposition of the sugar is administered by the Secretary 
     under section 9010 of the Farm Security and Rural Investment 
     Act of 2002''.
       (b) Establishment of Flexible Marketing Allotments.--
     Section 359c of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1359cc) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``but'' after the 
     semicolon at the end and inserting ``and''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) appropriate to maintain adequate supplies at 
     reasonable prices, taking into account all sources of 
     domestic supply, including imports.''; and
       (B) in paragraph (2)(B), by inserting ``at reasonable 
     prices'' after ``market''; and
       (2) in subsection (g)--
       (A) by striking ``Allotments.--'' and all that follows 
     through ``Subject to subparagraph (B), the'' and inserting 
     ``Allotments.--The''; and
       (B) by striking subparagraph (B).

[[Page S3790]]

       (c) Suspension or Modification of Provisions.--Section 359j 
     of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj) 
     is amended by adding at the end the following:
       ``(c) Suspension or Modification of Provisions.--
     Notwithstanding any other provision of this part, the 
     Secretary may suspend or modify, in whole or in part, the 
     application of any provision of this part if the Secretary 
     determines that the action is appropriate, taking into 
     account--
       ``(1) the interests of consumers, workers in the food 
     industry, businesses (including small businesses), and 
     agricultural producers; and
       ``(2) the relative competitiveness of domestically produced 
     and imported foods containing sugar.''.
       (d) Administration of Tariff Rate Quotas.--Section 359k of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is 
     amended to read as follows:

     ``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS.

       ``(a) Establishment.--Notwithstanding any other provision 
     of law, at the beginning of the quota year, the Secretary 
     shall establish the tariff-rate quotas for raw cane sugar and 
     refined sugar at no less than the minimum level necessary to 
     comply with obligations under international trade agreements 
     that have been approved by Congress.
       ``(b) Adjustment.--
       ``(1) In general.--Subject to subsection (a), the Secretary 
     shall adjust the tariff-rate quotas for raw cane sugar and 
     refined sugar to provide adequate supplies of sugar at 
     reasonable prices in the domestic market.
       ``(2) Ending stocks.--Subject to paragraphs (1) and (3), 
     the Secretary shall establish and adjust tariff-rate quotas 
     in such a manner that the ratio of sugar stocks to total 
     sugar use at the end of the quota year will be approximately 
     15.5 percent.
       ``(3) Maintenance of reasonable prices and avoidance of 
     forfeitures.--
       ``(A) In general.--The Secretary may establish a different 
     target for the ratio of ending stocks to total use if, in the 
     judgment of the Secretary, the different target is necessary 
     to prevent--
       ``(i) unreasonably high prices; or
       ``(ii) forfeitures of sugar pledged as collateral for a 
     loan under section 156 of the Federal Agriculture Improvement 
     and Reform Act of 1996 (7 U.S.C. 7272).
       ``(B) Announcement.--The Secretary shall publicly announce 
     any establishment of a target under this paragraph.
       ``(4) Considerations.--In establishing tariff-rate quotas 
     under subsection (a) and making adjustments under this 
     subsection, the Secretary shall consider the impact of the 
     quotas on consumers, workers, businesses (including small 
     businesses), and agricultural producers.
       ``(c) Temporary Transfer of Quotas.--
       ``(1) In general.--To promote full use of the tariff-rate 
     quotas for raw cane sugar and refined sugar, notwithstanding 
     any other provision of law, the Secretary shall promulgate 
     regulations that provide that any country that has been 
     allocated a share of the quotas may temporarily transfer all 
     or part of the share to any other country that has also been 
     allocated a share of the quotas.
       ``(2) Transfers voluntary.--Any transfer under this 
     subsection shall be valid only on voluntary agreement between 
     the transferor and the transferee, consistent with procedures 
     established by the Secretary.
       ``(3) Transfers temporary.--
       ``(A) In general.--Any transfer under this subsection shall 
     be valid only for the duration of the quota year during which 
     the transfer is made.
       ``(B) Following quota year.--No transfer under this 
     subsection shall affect the share of the quota allocated to 
     the transferor or transferee for the following quota year.''.
       (e) Effective Period.--Section 359l(a) of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by 
     striking ``2012'' and inserting ``2017''.
       On page 897, strike lines 8 through 15, and insert the 
     following:

     SEC. 9009. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR 
                   BIOENERGY PRODUCERS.

       (a) In General.--Section 9010 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (b) Conforming Amendments.--
       (1) Section 359a(3)(B) of the Agricultural Adjustment Act 
     of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' at the end and 
     inserting a period; and
       (C) by striking clause (iii).
       (2) Section 359b(c)(2)(C) of the Agricultural Adjustment 
     Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking 
     ``, except for'' and all that follows through `` of 2002''.
                                 ______
                                 
  SA 2160. Mrs. SHAHEEN (for herself, Mr. Kirk, and Mr. Lautenberg) 
submitted an amendment intended to be proposed by her to the bill S. 
3240, to reauthorize agricultural programs through 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike subtitle C of title I and insert the following:

                           Subtitle C--Sugar

     SEC. 1301. SHORT TITLE.

       This subtitle may be cited as the ``Stop Unfair Giveaways 
     and Restrictions Act of 2012'' or ``SUGAR Act of 2012''.

     SEC. 1302. SUGAR PROGRAM.

       (a) In General.--Section 156 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7272) is 
     amended--
       (1) in subsection (d), by striking paragraph (1) and 
     inserting the following:
       ``(1) Loans.--The Secretary shall carry out this section 
     through the use of recourse loans.'';
       (2) by redesignating subsection (i) as subsection (j);
       (3) by inserting after subsection (h) the following:
       ``(i) Phased Reduction of Loan Rate.--For each of the 2012, 
     2013, and 2014 crops of sugar beets and sugarcane, the 
     Secretary shall lower the loan rate for each succeeding crop 
     in a manner that progressively and uniformly lowers the loan 
     rate for sugar beets and sugarcane to $0 for the 2015 
     crop.''; and
       (4) in subsection (j) (as redesignated), by striking 
     ``2012'' and inserting ``2014''.
       (b) Prospective Repeal.--Effective beginning with the 2015 
     crop of sugar beets and sugarcane, section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272) is repealed.

     SEC. 1303. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION 
                   ADJUSTMENT PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) a processor of any of the 2015 or subsequent crops of 
     sugarcane or sugar beets shall not be eligible for a loan 
     under any provision of law with respect to the crop; and
       (2) the Secretary may not make price support available, 
     whether in the form of a loan, payment, purchase, or other 
     operation, for any of the 2015 and subsequent crops of sugar 
     beets and sugarcane by using the funds of the Commodity 
     Credit Corporation or other funds available to the Secretary.
       (b) Termination of Marketing Quotas and Allotments.--
       (1) In general.--Part VII of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) 
     is repealed.
       (2) Conforming amendment.--Section 344(f)(2) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
     amended by striking ``sugar cane for sugar, sugar beets for 
     sugar,''.
       (c) General Powers.--
       (1) Section 32 activities.--Section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c), is amended in the second sentence 
     of the first paragraph--
       (A) in paragraph (1), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodities''; and
       (B) in paragraph (3), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodity''.
       (2) Powers of commodity credit corporation.--Section 5(a) 
     of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714c(a)) is amended by inserting ``, sugar beets, and 
     sugarcane'' after ``tobacco''.
       (3) Price support for nonbasic agricultural commodities.--
     Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 
     1446(a)) is amended by striking ``milk, sugar beets, and 
     sugarcane'' and inserting ``, and milk''.
       (4) Commodity credit corporation storage payments.--Section 
     167 of the Federal Agriculture Improvement and Reform Act of 
     1996 (7 U.S.C. 7287) is repealed.
       (5) Suspension and repeal of permanent price support 
     authority.--Section 171(a)(1) of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is 
     amended--
       (A) by striking subparagraph (E); and
       (B) by redesignating subparagraphs (F) through (I) as 
     subparagraphs (E) through (H), respectively.
       (6) Storage facility loans.--Section 1402(c) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is 
     repealed.
       (7) Feedstock flexibility program for bioenergy 
     producers.--Effective beginning with the 2013 crop of sugar 
     beets and sugarcane, section 9010 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (d) Transition Provisions.--This section and the amendments 
     made by this section shall not affect the liability of any 
     person under any provision of law as in effect before the 
     application of this section and the amendments made by this 
     section.

     SEC. 1304. TARIFF-RATE QUOTAS.

       (a) Establishment.--Except as provided in subsection (c) 
     and notwithstanding any other provision of law, not later 
     than October 1, 2012, the Secretary shall develop and 
     implement a program to increase the tariff-rate quotas for 
     raw cane sugar and refined sugars for a quota year in a 
     manner that ensures--
       (1) a robust and competitive sugar processing industry in 
     the United States; and
       (2) an adequate supply of sugar at reasonable prices in the 
     United States.
       (b) Factors.--In determining the tariff-rate quotas 
     necessary to satisfy the requirements of subsection (a), the 
     Secretary shall consider the following:
       (1) The quantity and quality of sugar that will be subject 
     to human consumption in the United States during the quota 
     year.
       (2) The quantity and quality of sugar that will be 
     available from domestic processing of sugarcane, sugar beets, 
     and in-process beet sugar.
       (3) The quantity of sugar that would provide for reasonable 
     carryover stocks.

[[Page S3791]]

       (4) The quantity of sugar that will be available from 
     carryover stocks for human consumption in the United States 
     during the quota year.
       (5) Consistency with the obligations of the United States 
     under international agreements.
       (c) Exemption.--Subsection (a) shall not include specialty 
     sugar.
       (d) Definitions.--In this section, the terms ``quota year'' 
     and ``human consumption'' have the meaning such terms had 
     under section 359k of the Agricultural Adjustment Act of 1938 
     (7 U.S.C. 1359kk) (as in effect on the day before the date of 
     the enactment of this Act).

     SEC. 1305. APPLICATION.

       Except as otherwise provided in this subtitle, this 
     subtitle and the amendments made by this subtitle shall apply 
     beginning with the 2012 crop of sugar beets and sugarcane.
                                 ______
                                 
  SA 2161. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 331, between lines 2 and 3, insert the following:

     SEC. 4009. PLAN FOR INTERVIEWING HOUSEHOLDS.

       Section 11(e)(3) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2020(e)(3)) is amended by striking ``by way of'' and 
     inserting ``using a plan for interviewing households at the 
     time of application and recertification of eligibility, in a 
     manner approved by the Secretary and that is adequate to 
     ensure the integrity of the program and accuracy of payments, 
     but not requiring that every applicant household be 
     interviewed at application or that every participating 
     household be interviewed at every recertification, and 
     using''.
                                 ______
                                 
  SA 2162. Mr. McCAIN (for himself, Mr. Inhofe, Mr. Sessions, Mr. 
Chambliss, Mr. Wicker, Mr. Brown of Massachusetts, Mr. Portman, Ms. 
Ayotte, Ms. Collins, Mr. Graham, Mr. Cornyn, and Mr. Vitter) submitted 
an amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtltie C of title XII, add the following:

     SEC. 12207. REPORT ON EFFECTS OF BUDGET SEQUESTRATION ON THE 
                   DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress makes the following findings:
       (1) The inability of the Joint Select Committee on Deficit 
     Reduction to find $1,200,000,000,000 in savings will trigger 
     automatic funding reductions known as ``sequestration'' to 
     the Department of Defense of $492,000,000,000 between 2013 
     and 2021 under section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).
       (2) These reductions are in addition to reductions of 
     $487,000,000,000 already being implemented by the Department 
     of Defense, and would decrease the readiness and capabilities 
     of the Armed Forces while increasing risks to the effective 
     implementation of the National Security Strategy of the 
     United States.
       (3) The leaders of the Department of Defense have 
     consistently testified that threats to the national security 
     of the United States have increased, not decreased. Secretary 
     of Defense Leon Panetta said that these reductions would 
     ``inflict severe damage to our national defense for 
     generations'', comments that have been echoed by the 
     Secretaries of the Army, Navy, and Air Force.
       (4) While reductions in funds available for the Department 
     of Defense will automatically commence January 2, 2013, 
     uncertainty regarding the reductions has already exacerbated 
     Department of Defense efforts to plan future defense budgets.
       (5) Sequestration will have a detrimental effect on the 
     industrial base that supports the Department of Defense.
       (b) Report.--
       (1) In general.--Not later than August 15, 2012, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a detailed report on the impact on the 
     Department of Defense of the sequestration of funds 
     authorized and appropriated for fiscal year 2013 for the 
     Department of Defense, if automatically triggered on January 
     2, 2013, under section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the potential impact of sequestration 
     on the readiness of the Armed Forces, including impacts to 
     steaming hours, flying hours, and full spectrum training 
     miles, and an estimate of the increase or decrease in 
     readiness (as defined in the C status C 1 through C 5).
       (B) An assessment of the potential impact of sequestration 
     on the ability of the Department of Defense to carry out the 
     National Military Strategy of the United States, and any 
     changes to the most recent Risk Assessment of the Chairman of 
     the Joint Chiefs of Staff under section 153(b) of title 10, 
     United States Code arising from sequestration.
       (C) A detailed estimate of the reduction in force of 
     civilian personnel as a result of sequestration, including 
     the estimated timing of such reduction in force actions and 
     timing of reduction in force notifications thereof.
       (D) A list of the programs, projects, and activities across 
     the Department of Defense, the military departments, and the 
     elements and components of the Department of Defense that 
     would be reduced or terminated as a result of sequestration.
       (E) An estimate of the number and value of all contracts 
     that will be terminated, restructured, or revised in scope as 
     a result of sequestration, including an estimate of potential 
     termination costs and of increased contract costs due to 
     renegotiation and reinstatement of contracts.
       (F) An assessment of the impact on ongoing military 
     operations, and the safety of United States military 
     personnel, of sequestration of funds in accounts for overseas 
     contingency operations.
       (3) Assumptions.--The report required by paragraph (1) 
     shall assume the following:
       (A) Except as provided in subparagraph (B), the funds 
     subject to sequester are the funds in all 050 accounts, 
     including all unobligated balances.
       (B) Funds in accounts for military personnel are exempt 
     from the sequester.
       (4) Presentation of certain information.--In listing 
     programs, projects, and activities under paragraph (2)(D), 
     the report required by paragraph (1) shall set forth for each 
     the following:
       (A) The most specific level of budget item identified in 
     applicable appropriations Acts.
       (B) Related classified annexes and explanatory statements.
       (C) Department of Defense budget justification documents 
     DOD P 1 and R 1 as subsequently modified by congressional 
     action, and as submitted by the Department of Defense 
     together with the budget materials for the budget of the 
     President for fiscal year 2013 (as submitted to Congress 
     pursuant to section 1105(a) of title 31, United States Code).
       (D) Department of Defense document O 1 for operation and 
     maintenance accounts for fiscal year 2013, for which purpose 
     the term ``program, project, or activity'' means the budget 
     activity account and sub account for the program, project, or 
     activity as submitted in such document O 1.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Appropriations, and 
     the Budget of the Senate; and
       (2) the Committees on Armed Services, Appropriations, and 
     the Budget of the House of Representatives.
                                 ______
                                 
  SA 2163. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1009, after line 11, add the following:

     SEC. 122___. PROHIBITION ON USE OF FEDERAL FUNDS RELATING TO 
                   ETHANOL BLENDER PUMPS AND ETHANOL STORAGE 
                   FACILITIES.

       Effective beginning on the date of enactment of this Act, 
     no funds made available by Federal law shall be expended to 
     construct, fund, install, or operate an ethanol blender pump 
     or an ethanol storage facility (unless the funds are expended 
     to construct, fund, install, or operate an ethanol blender 
     pump or an ethanol storage facility for use by motor vehicle 
     fleets operated by a Federal agency), including--
       (1) funds in any trust fund to which funds are made 
     available by Federal law; and
       (2) any funds made available under the Rural Energy for 
     America Program established under section 9007 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8107).
                                 ______
                                 
  SA 2164. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1009, after line 11, add the following:

     SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG, 
                   AND COSMETIC ACT RELATING TO MISBRANDED OR 
                   ADULTERATED FOOD.

       Section 303(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 333(a)) is amended--
       (1) in paragraph (1), by striking ``Any'' and inserting 
     ``Except as provided in paragraph (2) or (3), any'';
       (2) in paragraph (2), by striking ``Notwithstanding the 
     provisions of paragraph (1) of this section, if'' and 
     inserting ``If''; and
       (3) by adding at the end the following:
       ``(3) Any person who violates subsection (a), (b), (c), or 
     (k) of section 301 with respect to any food--
       ``(A) knowingly and intentionally to defraud or mislead; 
     and
       ``(B) with conscious or reckless disregard of a risk of 
     death or serious bodily injury,
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 10 years, or both.''.
                                 ______
                                 
  SA 2165. Mr. BARRASSO (for himself, Mr. Boozman, Mr. Inhofe, Mr.

[[Page S3792]]

Sessions, Mr. Heller, Mr. Vitter, and Mr. Crapo) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1009, after line 11, add the following:

     SEC. 12207. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--Neither the Secretary of the Army nor the 
     Administrator of the Environmental Protection Agency shall--
       (1) finalize the proposed guidance described in the notice 
     of availability and request for comments entitled ``EPA and 
     Army Corps of Engineers Guidance Regarding Identification of 
     Waters Protected by the Clean Water Act'' (EPA HQ OW 2011 
     0409) (76 Fed. Reg. 24479 (May 2, 2011)); or
       (2) use the guidance described in paragraph (1), or any 
     substantially similar guidance, as the basis for any decision 
     regarding the scope of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) or any rulemaking.
       (b) Rules.--The use of the guidance described in subsection 
     (a)(1), or any substantially similar guidance, as the basis 
     for any rule shall be grounds for vacation of the rule.
                                 ______
                                 
  SA 2166. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PAYMENT OF HIGHER WAGES.

       Section 9(a) of the National Labor Relations Act (29 U.S.C. 
     159(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding a labor organization's exclusive 
     representation of employees in a unit, or the terms and 
     conditions of any collective bargaining contract or agreement 
     then in effect, nothing in either--
       ``(A) section 8(a)(1) or section 8(a)(5), or
       ``(B) a collective bargaining contract or agreement renewed 
     or entered into after the date of enactment of the RAISE Act,

     shall prohibit an employer from paying an employee in the 
     unit greater wages, pay, or other compensation for, or by 
     reason of, his or her services as an employee of such 
     employer, than provided for in such contract or agreement.''.
                                 ______
                                 
  SA 2167. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 140, strike line 1 and insert the following:
       (b) Limitation on Marketing Loan Gains and Loan Deficiency 
     Payments for Peanuts and Other Covered Commodities.--Section 
     1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is 
     amended by striking subsection (d) and inserting the 
     following:
       ``(d) Limitation on Marketing Loan Gains and Loan 
     Deficiency Payments for Peanuts and Other Covered 
     Commodities.--The total amount of marketing loan gains and 
     loan deficiency payments received, directly or indirectly, by 
     a person or legal entity (except a joint venture or general 
     partnership) for any crop year under subtitle B of the 
     Agriculture Reform, Food, and Jobs Act of 2012 (or a 
     successor provision) for--
       ``(1) peanuts may not exceed $75,000; and
       ``(2) 1 or more other covered commodities may not exceed 
     $75,000.''.
       (c) Conforming Amendments.--
       On page 143, line 9, strike ``(c)'' and insert ``(d)''.
                                 ______
                                 
  SA 2168. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 139, lines 17 and 18, strike ``Peanuts and Other''.
       On page 139, lines 22 through 24, strike ``for--'' and all 
     that follows through ``1 or more other'' and insert ``for 1 
     or more''.
                                 ______
                                 
  SA 2169. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

         On page 424, between lines 3 and 4, insert the following:
       ``(d) Limitation on Period Borrowers Are Eligible for 
     Guaranteed Loans.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall not guarantee a loan under this chapter for a borrower 
     for any year after the 15th year that a guarantee is provided 
     with respect to, the borrower under this chapter.
       ``(2) Waivers.--
       ``(A) In general.--The Secretary may, on a case-by-case 
     basis not subject to administrative appeal, grant a borrower 
     a waiver from the limitation period under paragraph (1) if 
     the borrower demonstrates to the satisfaction of the 
     Secretary that--
       ``(i) the borrower has a viable farm or ranch operation; 
     and
       ``(ii) the borrower is unable to obtain a commercial loan 
     without a loan guarantee.
       ``(B) Waiver period.--A waiver issued under subparagraph 
     (A) shall not be for a period of more than 3 years.
                                 ______
                                 
  SA 2170. Mr. GRASSLEY (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 998, between lines 7 and 8, insert the following:

     SEC. 12106. PROHIBITION ON PACKERS OWNING, FEEDING, OR 
                   CONTROLLING LIVESTOCK.

       (a) In General.--Section 202 of the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 192), is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Own or feed livestock directly, through a subsidiary, 
     or through an arrangement that gives the packer operational, 
     managerial, or supervisory control over the livestock, or 
     over the farming operation that produces the livestock, to 
     such an extent that the producer is no longer materially 
     participating in the management of the operation with respect 
     to the production of the livestock, except that this 
     subsection shall not apply to--
       ``(1) an arrangement entered into within 14 days (excluding 
     any Saturday or Sunday) before slaughter of the livestock by 
     a packer, a person acting through the packer, or a person 
     that directly or indirectly controls, or is controlled by or 
     under common control with, the packer;
       ``(2) a cooperative or entity owned by a cooperative, if a 
     majority of the ownership interest in the cooperative is held 
     by active cooperative members that--
       ``(A) own, feed, or control livestock; and
       ``(B) provide the livestock to the cooperative for 
     slaughter;
       ``(3) a packer that is not required to report to the 
     Secretary on each reporting day (as defined in section 212 of 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) 
     information on the price and quantity of livestock purchased 
     by the packer; or
       ``(4) a packer that owns 1 livestock processing plant; 
     or''.
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsection (a) take effect on the date of enactment 
     of this Act.
       (2) Transition rules.--In the case of a packer that on the 
     date of enactment of this Act owns, feeds, or controls 
     livestock intended for slaughter in violation of section 
     202(f) of the Packers and Stockyards Act, 1921 (as amended by 
     subsection (a)), the amendments made by subsection (a) apply 
     to the packer--
       (A) in the case of a packer of swine, beginning on the date 
     that is 18 months after the date of enactment of this Act; 
     and
       (B) in the case of a packer of any other type of livestock, 
     beginning as soon as practicable, but not later than 180 
     days, after the date of enactment of this Act, as determined 
     by the Secretary.
                                 ______
                                 
  SA 2171. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 313, after line 25, insert the following:

     SEC. 4003. SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS.

       Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014) is amended by adding at the end the following:
       ``(o) Systematic Alien Verification for Entitlements.--
       ``(1) Definition of satisfactory immigration status.--In 
     this subsection, the term `satisfactory immigration status' 
     means an immigration status under which an individual is 
     eligible for benefits under the supplemental nutrition 
     assistance program, if the individual otherwise meets the 
     requirements of this Act.
       ``(2) Declaration.--
       ``(A) In general.--As a condition of eligibility for the 
     supplemental nutrition assistance program, the Secretary 
     shall require each head of a household seeking to participate 
     in the program to submit to the applicable State agency a 
     written declaration in accordance with subparagraph (B), 
     which the head of household shall sign under penalty of 
     perjury.
       ``(B) Contents.--The head of household shall certify in the 
     written declaration under subparagraph (A) that each member 
     of the household is--
       ``(i) national of the United States (as that term is 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)); or
       ``(ii) in a satisfactory immigration status.
       ``(3) Documentation.--
       ``(A) Nationals of the united states.--Subject to 
     subparagraph (B), for each member of a household for which a 
     certification is made under clause (i) of paragraph (2)(B), 
     the head of household shall submit to the

[[Page S3793]]

     State agency administering the supplemental nutrition 
     assistance program documentation demonstrating that each such 
     member is a national of the United States that is--
       ``(i) a document showing birth in the United States;
       ``(ii) a United States consular report of birth;
       ``(iii) a United States passport;
       ``(iv) a Certificate of Naturalization; or
       ``(v) a Certificate of Citizenship.
       ``(B) Satisfactory immigration status.--Subject to 
     subparagraph (B), for each member of a household for which a 
     certification is made under clause (ii) of paragraph (2)(B), 
     the head of household shall submit to the State agency 
     administering the supplemental nutrition assistance program--
       ``(i) alien registration documentation or other proof of 
     immigration registration issued by the Secretary of Homeland 
     Security that contains--

       ``(I) the alien admission number of the individual; and
       ``(II) the alien file number of the individual; or

       ``(ii) any other document that the State agency determines 
     constitutes reasonable evidence of a satisfactory immigration 
     status.
       ``(C) Adult household members.--An individual who is a 
     member of a household who is 18 years of age or older for 
     which a certification is made under clause (i) or (ii) of 
     paragraph (2)(B) shall submit to the State agency the 
     documentation described in subparagraph (A) or (B) on such 
     individual's own behalf.
       ``(4) Systematic alien verification for entitlements 
     program.--For documentation described in paragraph (3)(B), 
     the State agency to which the documentation is submitted 
     shall use the alien admission number or alien file number of 
     the individual to verify the immigration status of the 
     individual using the Systematic Alien Verification for 
     Entitlements Program of the United States Citizenship and 
     Immigration Services.''.
                                 ______
                                 
  SA 2172. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 335, between lines 8 and 9, insert the following:

     SEC. 4011. REPEAL OF STATE BONUS PAYMENTS.

       Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2025) is amended by striking subsection (d).
                                 ______
                                 
  SA 2173. Mr. SESSIONS (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 4002 and insert the following:

     SEC. 4002. STANDARD UTILITY ALLOWANCE.

       (a) Standard Utility Allowance.--Section 5 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
       (1) in subsection (e)(6)(C), by striking clause (iv); and
       (2) in subsection (k), by striking paragraph (4) and 
     inserting the following:
       ``(4) Third party energy assistance payments.--For purposes 
     of subsection (d)(1), a payment made under a State law (other 
     than a law referred to in paragraph (2)(G)) to provide energy 
     assistance to a household shall be considered money payable 
     directly to the household.''.
       (b) Conforming Amendments.--Section 2605(f)(2) of the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 
     8624(f)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``and for purposes of determining any excess shelter expense 
     deduction under section 5(e) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(e))''; and
       (2) in subparagraph (A), by inserting before the semicolon 
     the following: ``, except that such payments or allowances 
     shall not be considered to be expended for purposes of 
     determining any excess shelter expense deduction under 
     section 5(e)(6) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2014(e)(6))''.
                                 ______
                                 
  SA 2174. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 312, between lines 8 and 9, insert the following:

     SEC. 4002. LIMITATION ON CATEGORICAL ELIGIBILITY.

       Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014) is amended--
       (1) in the second sentence of subsection (a), by striking 
     ``households in which each member receives benefits'' and 
     inserting ``households in which each member receives cash 
     assistance''; and
       (2) in subsection (j), by striking ``or who receives 
     benefits under a State program'' and inserting ``or who 
     receives cash assistance under a State program''.
                                 ______
                                 
  SA 2175. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1009, after line 11, add the following:

     SEC. 122__. GRAZING PERMITS AND LEASES.

       (a) Terms of Grazing Permits and Leases.--Section 402 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1752) is amended--
       (1) by striking ``ten years'' each place it appears and 
     inserting ``20 years''; and
       (2) in subsection (b)--
       (A) by striking ``or'' at the end of each of paragraphs (1) 
     and (2);
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(4) the initial environmental analysis under National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     regarding a grazing allotment, permit, or lease has not been 
     completed.''.
       (b) Renewal, Transfer, and Reissuance of Grazing Permits 
     and Leases.--Title IV of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 405. RENEWAL, TRANSFER, REISSUANCE, AND PENDING 
                   PROCESSING OF GRAZING PERMITS AND LEASES.

       ``(a) Definitions.--In this section:
       ``(1) Current grazing management.--The term `current 
     grazing management' means grazing in accordance with the 
     terms and conditions of an existing permit or lease and 
     includes any modifications that are consistent with an 
     applicable Department of Interior resource management plan or 
     Department of Agriculture land use plan.
       ``(2) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture, with respect to 
     National Forest System land; and
       ``(B) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Department of the Interior.
       ``(b) Renewal, Transfer, Reissuance, and Pending 
     Processing.--A grazing permit or lease issued by the 
     Secretary of the Interior, or a grazing permit issued by the 
     Secretary of Agriculture regarding National Forest System 
     land, that expires, is transferred, or is waived shall be 
     renewed or reissued under, as appropriate--
       ``(1) section 402;
       ``(2) section 19 of the Act of April 24, 1950 (commonly 
     known as the `Granger-Thye Act'; 16 U.S.C. 580l);
       ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1010 et seq.); or
       ``(4) section 510 the California Desert Protection Act of 
     1994 (16 U.S.C. 410aaa 50).
       ``(c) Terms; Conditions.--The terms and conditions (except 
     the termination date) contained in an expired, transferred, 
     or waived permit or lease described in subsection (b) shall 
     continue in effect under a renewed or reissued permit or 
     lease until the date on which the Secretary concerned 
     completes the processing of the renewed or reissued permit or 
     lease that is the subject of the expired, transferred, or 
     waived permit or lease, in compliance with each applicable 
     law.
       ``(d) Cancellation; Suspension; Modification.--
     Notwithstanding subsection (c), a permit or lease described 
     in subsection (b) may be cancelled, suspended, or modified in 
     accordance with applicable law.
       ``(e) Renewal, Transfer, or Reissuance After Processing.--
     When the Secretary concerned has completed the processing of 
     the renewed or reissued permit or lease that is the subject 
     of the expired, transferred, or waived permit or lease, the 
     Secretary concerned may renew or reissue the permit or lease 
     for a term of 20 years after completion of processing.
       ``(f) Compliance With National Environmental Policy Act of 
     1969.--The renewal, reissuance, or transfer of a grazing 
     permit or lease by the Secretary concerned may, at the sole 
     discretion of the Secretary concerned, be categorically 
     excluded from the requirement to prepare an environmental 
     assessment or an environmental impact statement if--
       ``(1) the decision to renew, reissue, or transfer continues 
     the current grazing management of the allotment;
       ``(2) monitoring of the allotment has indicated that the 
     current grazing management has met, or has satisfactorily 
     progressed towards meeting, objectives contained in the land 
     use and resource management plan of the allotment, as 
     determined by the Secretary concerned; or
       ``(3) the decision is consistent with the policy of the 
     Department of the Interior or the Department of Agriculture, 
     as appropriate, regarding extraordinary circumstances.
       ``(g) Priority and Timing for Completing Environmental 
     Analyses.--The Secretary concerned, in the sole discretion of 
     the Secretary concerned, shall determine the priority and 
     timing for completing each required environmental analysis 
     regarding any grazing allotment, permit, or lease based on 
     the environmental significance of the allotment, permit, or 
     lease and available funding for that purpose.
       ``(h) NEPA Exemptions.--The National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the 
     following:
       ``(1) Crossing and trailing authorizations of domestic 
     livestock.
       ``(2) Transfer of grazing preference.''.
                                 ______
                                 
  SA 2176. Mr. BARRASSO submitted an amendment intended to be proposed

[[Page S3794]]

by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 880, between lines 3 and 4, insert the following:

     SEC. 83___. COOPERATIVE AGREEEMENTS FOR FOREST, RANGELAND, 
                   AND WATERSHED RESTORATION AND PROTECTION 
                   SERVICES.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means a 
     State that contains National Forest System land or Bureau of 
     Land Management land located west of the 100th meridian.
       (2) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; or
       (B) the Secretary of the Interior, with respect to Bureau 
     of Land Management land.
       (3) State forester.--The term ``State forester'' means the 
     head of a State agency with jurisdiction over State forestry 
     programs in an eligible State.
       (b) Cooperative Agreements and Contracts.--
       (1) In general.--The Secretary may enter into a cooperative 
     agreement or contract (including a sole source contract) with 
     a State forester to authorize the State forester to provide 
     the forest, rangeland, and watershed restoration and 
     protection services described in paragraph (2) on National 
     Forest System land or Bureau of Land Management land, as 
     applicable, in the eligible State.
       (2) Authorized services.--The forest, rangeland, and 
     watershed restoration and protection services referred to in 
     paragraph (1) include the conduct of--
       (A) activities to treat insect infected trees;
       (B) activities to reduce hazardous fuels; and
       (C) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (3) State as agent.--Except as provided in paragraph (6), a 
     cooperative agreement or contract entered into under 
     paragraph (1) may authorize the State forester to serve as 
     the agent for the Secretary in providing the restoration and 
     protection services authorized under paragraph (1).
       (4) Subcontracts.--In accordance with applicable contract 
     procedures for the eligible State, a State forester may enter 
     into subcontracts to provide the restoration and protection 
     services authorized under a cooperative agreement or contract 
     entered into under paragraph (1).
       (5) Timber sales.--Subsections (d) and (g) of section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall not apply to services performed under a cooperative 
     agreement or contract entered into under paragraph (1).
       (6) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     restoration and protection services to be provided under this 
     section by a State forester on National Forest System land or 
     Bureau of Land Management land, as applicable, shall not be 
     delegated to a State forester or any other officer or 
     employee of the eligible State.
       (7) Applicable law.--The restoration and protection 
     services to be provided under this section shall be carried 
     out on a project-to-project basis under existing authorities 
     of the Forest Service or Bureau of Land Management, as 
     applicable.
                                 ______
                                 
  SA 2177. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NAVIGABLE WATERS.

       (a) Short Title.--This section may be cited as the 
     ``Defense of Environment and Property Act of 2012''.
       (b) Navigable Waters.--
       (1) In general.--Section 502 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362) is amended by striking paragraph 
     (7) and inserting the following:
       ``(7) Navigable waters.--
       ``(A) In general.--The term `navigable waters' means the 
     waters of the United States, including the territorial seas, 
     that are--
       ``(i) navigable-in-fact; or
       ``(ii) permanent, standing, or continuously flowing bodies 
     of water that form geographical features commonly known as 
     streams, oceans, rivers, and lakes that are connected to 
     waters that are navigable-in-fact.
       ``(B) Exclusions.--The term `navigable waters' does not 
     include--
       ``(i) waters that--

       ``(I) do not physically abut waters described in 
     subparagraph (A); and
       ``(II) lack a continuous surface water connection to 
     navigable waters;

       ``(ii) man-made or natural structures or channels--

       ``(I) through which water flows intermittently or 
     ephemerally; or
       ``(II) that periodically provide drainage for rainfall; or

       ``(iii) wetlands without a continuous surface connection to 
     bodies of water that are waters of the United States.
       ``(C) EPA and corps activities.--An activity carried out by 
     the Administrator or the Corps of Engineers shall not, 
     without explicit State authorization, impinge upon the 
     traditional and primary power of States over land and water 
     use.
       ``(D) Aggregation; wetlands.--
       ``(i) Aggregation.--Aggregation of wetlands or waters not 
     described in clauses (i) through (iii) of subparagraph (B) 
     shall not be used to determine or assert Federal 
     jurisdiction.
       ``(ii) Wetlands.--Wetlands described in subparagraph 
     (B)(iii) shall not be considered to be under Federal 
     jurisdiction.
       ``(E) Appeals.--A jurisdictional determination by the 
     Administrator that would affect the ability of a State to 
     plan the development and use (including restoration, 
     preservation, and enhancement) of land and water resources 
     may be appealed by the State during the 30-day period 
     beginning on the date of the determination.
       ``(F) Treatment of ground water.--Ground water shall--
       ``(i) be considered to be State water; and
       ``(ii) not be considered in determining or asserting 
     Federal jurisdiction over isolated or other waters, including 
     intermittent or ephemeral water bodies.
       ``(G) Prohibition on use of nexus test.--Notwithstanding 
     any other provision of law, the Administrator may not use a 
     significant nexus test (as used by EPA in the proposed 
     document listed in section 3(a)(1)) to determine Federal 
     jurisdiction over navigable waters and waters of the United 
     States (as those terms are defined and used, respectively, in 
     section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362)).''.
       (2) Applicability.--Nothing in this subsection or the 
     amendments made by this subsection affects or alters any 
     exemption under--
       (A) section 402(l) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1342(l)); or
       (B) section 404(f) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1344(f)).
       (c) Applicability of Agency Regulations and Guidance.--
       (1) In general.--The following regulations and guidance 
     shall have no force or effect:
       (A) The final rule of the Corps of Engineers entitled 
     ``Final Rule for Regulatory Programs of the Corps of 
     Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
       (B) The proposed rule of the Environmental Protection 
     Agency entitled ``Advance Notice of Proposed Rulemaking on 
     the Clean Water Act Regulatory Definition of `Waters of the 
     United States' '' (68 Fed. Reg. 1991 (January 15, 2003)).
       (C) The guidance document entitled ``Clean Water Act 
     Jurisdiction Following the U.S. Supreme Court's Decision in 
     `Rapanos v. United States' & `Carabell v. United States' '' 
     (December 2, 2008) (relating to the definition of waters 
     under the jurisdiction of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.)).
       (D) Any subsequent regulation of or guidance issued by any 
     Federal agency that defines or interprets the term 
     ``navigable waters''.
       (2) Prohibition.--The Secretary of the Army, acting through 
     the Chief of Engineers, and the Administrator of the 
     Environmental Protection Agency shall not promulgate any 
     rules or issue any guidance that expands or interprets the 
     definition of navigable waters unless expressly authorized by 
     Congress.
       (d) State Regulation of Water.--Nothing in this section 
     affects, amends, or supersedes--
       (1) the right of a State to regulate waters in the State; 
     or
       (2) the duty of a landowner to adhere to any State nuisance 
     laws (including regulations) relating to waters in the State.
       (e) Consent for Entry by Federal Representatives.--Section 
     308 of the Federal Water Pollution Control Act (33 U.S.C. 
     1318) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) In General.--
       ``(1) Entry by federal agency.--A representative of a 
     Federal agency shall only enter private property to collect 
     information about navigable waters if the owner of that 
     property--
       ``(A) has consented to the entry in writing;
       ``(B) is notified regarding the date of the entry; and
       ``(C) is given access to any data collected from the entry.
       ``(2) Access.--If a landowner consents to entry under 
     paragraph (1), the landowner shall have the right to be 
     present at the time any data collection on the property of 
     the landowner is carried out.''.
       (f) Compensation for Regulatory Taking.--
       (1) In general.--If a Federal regulation relating to the 
     definition of navigable waters or waters of the United States 
     diminishes the fair market value or economic viability of a 
     property, as determined by an independent appraiser, the 
     Federal agency issuing the regulation shall pay the affected 
     property owner an amount equal to twice the value of the 
     loss.
       (2) Administration.--Any payment provided under paragraph 
     (1) shall be made from the amounts made available to the 
     relevant agency head for general operations of the agency.
       (3) Applicability.--A Federal regulation described in 
     paragraph (1) shall have no force or effect until the date on 
     which each landowner with a claim under this subsection 
     relating to that regulation has been compensated in 
     accordance with this subsection.

[[Page S3795]]

                                 ______
                                 
  SA 2178. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. FREEDOM FROM OVERCRIMINALIZATION AND UNJUST 
                   SEIZURES.

       (a) Prohibited Acts.--Section 3(a) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3372(a)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``or in violation of 
     any foreign law''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``, or any foreign law,'';
       (ii) in clause (ii), by striking ``or any foreign law''; 
     and
       (iii) in clause (iii), by striking ``, or under any foreign 
     law,''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``foreign law or''; 
     and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``, or any foreign law,'';
       (ii) in clause (ii), by striking ``or any foreign law''; 
     and
       (iii) in clause (iii), by striking ``, or under any foreign 
     law,''.
       (b) Penalties.--Section 4 of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3373) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Assessment.--
       ``(A) In general.--Any person who engages in conduct 
     prohibited by any provision of this Act (other than 
     subsections (b), (d), and (f) of section 3) and in the 
     exercise of due care should know that the fish, wildlife, or 
     plants were taken, possessed, transported, or sold in 
     violation of, or in a manner unlawful under, any underlying 
     law, treaty, or regulation, and any person who knowingly 
     violates subsection (d) or (f) of section 3, may be assessed 
     a civil penalty by the Secretary for each violation in 
     accordance with subparagraph (B) or (C), as applicable.
       ``(B) Market value of less than $350.--If a violation under 
     subparagraph (A) involves fish or wildlife or plants with a 
     market value of less than $350 and involves only the 
     transportation, acquisition, or receipt of fish, wildlife, or 
     plants taken or possessed in violation of any law, treaty, or 
     regulation of the United States, tribal law, or any law or 
     regulation of a State, the penalty assessed under 
     subparagraph (A) for the violation shall not exceed the 
     lesser of--
       ``(i) the maximum amount of the penalty provided for 
     violation of the law or regulation; or
       ``(ii) $10,000.
       ``(C) Other violations.--For any violation under 
     subparagraph (A) that is not described in subparagraph (B), 
     the penalty assessed under that subparagraph shall not exceed 
     $200,000.''; and
       (2) by striking subsections (d) and (e).
       (c) Forfeiture.--Section 5 of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3374) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--All fish, wildlife, or plants imported, 
     exported, transported, sold, received, acquired, or purchased 
     in violation of section 3 (other than subsection (b) of that 
     section), or any regulation issued under that section, shall 
     be subject to forfeiture to the United States notwithstanding 
     any culpability requirements for civil penalty assessment 
     under section 4.'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively; and
       (3) in subsection (b) (as redesignated), by striking 
     ``convicted of an offense, or assessed a civil penalty,'' and 
     inserting ``assessed a civil penalty''.
       (d) Enforcement.--
       (1) In general.--Section 6 of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3375) is amended--
       (A) by striking subsection (b);
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (C) in subsection (b) (as redesignated), by striking the 
     third sentence; and
       (D) in the first sentence of subsection (c) (as 
     redesignated)--
       (i) by striking ``an arrest, a criminal conviction, civil 
     penalty assessment, or forfeiture of property'' and inserting 
     ``a civil penalty assessment or forfeiture of property''; and
       (ii) by striking ``or criminal''.
       (2) Conforming amendments.--
       (A) Section 3(c)(3) of the Fish and Wildlife Improvement 
     Act of 1978 (16 U.S.C. 742l(c)(3)) is amended by striking 
     ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3375(d))'' and inserting ``section 6(c) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3375(c))''.
       (B) Section 503(b) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1423b(b)) is amended--
       (i) by striking the subsection designation and heading and 
     all that follows through ``The Secretary may utilize'' in 
     paragraph (1) and inserting the following:
       ``(b) Utilization of Other Government Resources and 
     Authorities.--The Secretary may utilize''; and
       (ii) by striking paragraph (2).
       (C) Section 11(d) of the Endangered Species Act of 1973 (16 
     U.S.C. 1540(d)) is amended in the fourth sentence by striking 
     ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3375(d))'' and inserting ``section 6(c) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3375(c))''.
       (D) Section 7(f) of the Rhinoceros and Tiger Conservation 
     Act (16 U.S.C. 5305a(f)) is amended by striking ``section 
     6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3375(d))'' and inserting ``section 6(c) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3375(c))''.
       (E) Section 524(c)(4)(A) of title 28, United States Code, 
     is amended by striking ``section 6(d) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting 
     ``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3375(c))''.
       (F) Section 1402(b)(1)(A)(ii) of the Victims of Crime Act 
     of 1984 (42 U.S.C. 10601(b)(1)(A)(ii)) is amended by striking 
     ``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3375(d))'' and inserting ``section 6(c) of the Lacey Act 
     Amendments of 1981 (16 U.S.C. 3375(c))''.
       (e) Exceptions.--Section 8 of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3377) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Activities Regulated by Tuna Convention Acts.--
     Paragraphs (1), (2)(A), and (3)(A) of subsection 3(a) shall 
     not apply to any activity regulated by the Tuna Conventions 
     Act of 1950 (16 U.S.C. 951 et seq.) or the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971 et seq.).''.
                                 ______
                                 
  SA 2179. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. CARRYING OF FIREARMS BY DEPARTMENT EMPLOYEES.

       (a) Authority of the Office of the Inspector General.--
     Section 1337 of the Agriculture and Food Act of 1981 (7 
     U.S.C. 2270) is amended--
       (1) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking ``; and''; and
       (3) by striking paragraph (3).
       (b) Firearm Authority of Employees Engaged in Animal 
     Quarantine Enforcement.--
       (1) In general.--Section 1 of Public Law 97 312 (7 U.S.C. 
     2274) is repealed.
       (2) Effect on regulations.--Any regulation promulgated by 
     the Secretary of Agriculture under section 1 of Public Law 97 
     312 (7 U.S.C. 2274) shall have no force or effect.
       (3) Conforming amendment.--Section 2 of Public Law 97 312 
     (96 Stat. 1461) is redesignated as section 1.
       (c) Enforcement Provisions.--Section 204(b)(1) of the Sikes 
     Act (16 U.S.C. 670j(b)) is amended--
       (1) by striking clause (i); and
       (2) by redesignating clauses (ii) through (v) as clauses 
     (i) through (iv), respectively, and by indenting 
     appropriately.
                                 ______
                                 
  SA 2180. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK 
                   PRODUCTS.

       (a) Sale Allowed.--Notwithstanding the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 301 et seq.), section 361 of the 
     Public Health Service Act (42 U.S.C. 264), and any 
     regulations or other guidance issued under such Act or 
     section, a Federal department, agency, or court may not take 
     any action (such as administrative, civil, criminal, or other 
     actions) that would prohibit, interfere with, regulate, or 
     otherwise restrict the interstate traffic of milk, or a milk 
     product, that is unpasteurized and packaged for direct human 
     consumption, if such restriction is based on the 
     determination that, solely because such milk or milk product 
     is unpasteurized, such milk or milk product is adulterated, 
     misbranded, or otherwise in violation of Federal law.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) The terms ``interstate traffic'', ``milk'', and ``milk 
     product'' have the meanings given those terms in section 
     1240.3 of title 21, Code of Federal Regulations (as in effect 
     on the date of enactment of this Act).
       (2) The term ``packaged for direct human consumption'' 
     means milk and milk products that are packaged for the final 
     consumer and intended for human consumption. Such term does 
     not include milk and milk products that are packaged for 
     additional processing, including pasteurization, before being 
     consumed by humans.
       (3) The term ``pasteurized'' means the process of heating 
     milk and milk products to the applicable temperature 
     specified in the tables contained in section 1240.61 of title 
     21, Code of Federal Regulations (or successor regulations), 
     and held continuously at or above that temperature for at 
     least the corresponding specified time in such tables.
                                 ______
                                 
  SA 2181. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S3796]]

him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 1605 and insert the following:

     SEC. 1605. AVERAGE ADJUSTED GROSS INCOME LIMITATION.

       Section 1001D of the Food Security Act of 1985 (7 U.S.C. 
     1308 3a) is amended by striking subsection (b) and inserting 
     the following:
       ``(b) Limitations.--Notwithstanding any other provision of 
     law, a person or legal entity shall not be eligible to 
     receive any payment or other benefit under the Agriculture 
     Reform, Food, and Jobs Act of 2012, or any amendment made by 
     that Act, during a crop, fiscal, or program year, as 
     appropriate, if the average adjusted gross income of the 
     person or legal entity exceeds $250,000.''.
                                 ______
                                 
  SA 2182. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 312, strike line 2 and all that follows 
     through page 342, line 10, and insert the following:

   Subtitle A--Supplemental Nutrition Assistance Block Grant Program

     SEC. 4001. PURPOSE.

       The purpose of this subtitle is to empower States with 
     programmatic flexibility and financial predictability in 
     designing and operating State programs--
       (1) to raise the levels of nutrition among low-income 
     households;
       (2) to provide supplemental nutrition assistance benefits 
     to households with income and resources that are insufficient 
     to meet the costs of providing adequate nutrition; and
       (3) to provide States the flexibility to provide new and 
     innovative means to accomplish paragraphs (1) and (2) based 
     on the population and particular needs of each State.

     SEC. 4002. STATE PLANS.

       (a) In General.--To receive a grant under section 4003, a 
     State shall submit to the Secretary a written plan that 
     describes the manner in which the State intends to conduct a 
     supplemental nutrition assistance program that--
       (1) is designed to serve all political subdivisions in the 
     State;
       (2) provides supplemental nutrition assistance benefits to 
     low-income households for the sole purpose of purchasing 
     food, as defined by the applicable State agency in the plan; 
     and
       (3) limits participation in the supplemental nutrition 
     assistance program to those households the incomes and other 
     financial resources of which, held singly or in joint 
     ownership, are determined by the State to be a substantial 
     limiting factor in permitting the members of the household to 
     obtain a more nutritious diet.
       (b) Requirements.--Each plan shall include--
       (1) specific objective criteria for--
       (A) the determination of eligibility for nutritional 
     assistance for low-income households, which may be based on 
     standards relating to income, assets, family composition, 
     beneficiary population, age, work, current participation in 
     other Federal government means-tested programs, and work, 
     student enrollment, or training requirements; and
       (B) fair and equitable treatment of recipients and 
     provision of supplemental nutrition assistance benefits to 
     all low-income households in the State; and
       (2) a description of--
       (A) benefits provided based on the aggregate grant amount; 
     and
       (B) the manner in which supplemental nutrition assistance 
     benefits will be provided under the State plan, including the 
     use of State administration organizations, private 
     contractors, or consultants.
       (c) Certification of the Administration of the Program.--
       (1) In general.--The Governor of each State that receives a 
     grant under section 4003 shall issue a certification to the 
     Secretary in accordance with this subsection.
       (2) Administration.--The certification shall specify which 
     1 or more State agencies will administer and supervise the 
     State plan under this section.
       (3) Provision of benefits only to low-income individuals 
     and households.--
       (A) In general.--The certification shall certify that the 
     State will--
       (i) only provide supplemental nutrition assistance to low-
     income individuals and households in the State; and
       (ii) take such action as is necessary to prohibit any 
     household or member of a household that does not meet the 
     criteria described in subparagraph (B) from receiving 
     supplemental nutrition assistance benefits.
       (B) Criteria.--A household shall meet the criteria 
     described in this subparagraph if the household is--
       (i) a household in which each member receives benefits 
     under the supplemental security income program established 
     under title XVI of the Social Security Act (42 U.S.C. 1381 et 
     seq.);
       (ii) a low-income household that does not exceed 100 
     percentage of the poverty line (as defined in section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 9902(2), 
     including any revision required by such section)) for a 
     family of the size involved as the State shall establish; or
       (iii) a household in which each member receives benefits 
     under a State or Federal general assistance program that 
     complies with income criteria standards comparable to or more 
     restrictive than the standards established under clause (ii).
       (4) Provision of benefits only to citizens and lawful 
     permanent residents of the united states.--The certification 
     shall certify that the State will--
       (A) only provide supplemental nutrition assistance to 
     citizens and lawful permanent residents of the United States; 
     and
       (B) take such action as is necessary to prohibit 
     supplemental nutrition assistance benefits from being 
     provided to any individual or household a member of which is 
     not a citizen or lawful permanent resident of the United 
     States.
       (5) Certification of standards and procedures to ensure 
     against program fraud, waste and abuse.--The certification 
     shall certify that the State--
       (A) has established and will continue to enforce standards 
     and procedures to ensure against program fraud, waste, and 
     abuse, including standards and procedures concerning 
     nepotism, conflicts of interest among individuals responsible 
     for the administration and supervision of the State program, 
     kickbacks, and the use of political patronage; and
       (B) will prohibit from further receipt of benefits under 
     the program any recipient who attempts to receive benefits 
     fraudulently.
       (6) Limitation on secretarial authority.--The Secretary--
       (A) may only review a State plan submitted under this 
     section for the purpose of confirming that a State has 
     submitted the required documentation; and
       (B) shall not have the authority to approve or deny a State 
     plan submitted under this section or to otherwise inhibit or 
     control the expenditure of grants paid to a State under 
     section 4003, unless a State plan does not comply with the 
     requirements of this section.

     SEC. 4003. GRANTS TO STATES.

       (a) In General.--Beginning 120 days after the date of 
     enactment of this Act, and annually thereafter, each State 
     that has submitted a plan that meets the requirements of 
     section 4002 shall receive from the Secretary a grant in an 
     amount determined under subsection (b).
       (b) Amounts of Grants.--
       (1) In general.--Subject to paragraph (3), a grant received 
     under subsection (a) shall be in an amount equal to the 
     product of--
       (A) the amount made available under section 4005 for the 
     applicable fiscal year; and
       (B) the proportion that--
       (i) the number of individuals residing in the State whose 
     income does not exceed 100 percent of the poverty line 
     described in section 4002(c)(3)(B)(ii) applicable to a family 
     of the size involved; bears to
       (ii) the number of such individuals in all States that have 
     submitted a plan under section 4002 for the applicable fiscal 
     year, based on data for the most recent fiscal year for which 
     data is available.
       (2) Pro rata adjustments.--The Secretary shall make pro 
     rata adjustments in the amounts determined for States under 
     paragraph (1) for each fiscal year as necessary to ensure 
     that--
       (A) the total amount appropriated for the applicable fiscal 
     year under section 4005 is allotted among all States that 
     submit a plan under section 4002; and
       (B) the total amount of all supplemental nutrition 
     assistance grants for States determined for the fiscal year 
     does not exceed the total amount appropriated for the fiscal 
     year.
       (3) Administrative provisions.--
       (A) Quarterly payments.--The Secretary shall make each 
     supplemental nutrition assistance grant payable to a State 
     for a fiscal year under this section in quarterly 
     installments.
       (B) Computation and certification of payment to states.--
       (i) Computation.--The Secretary shall estimate the amount 
     to be paid to each State for each quarter under this section 
     based on a report filed by the State that shall include--

       (I) an estimate by the State of the total amount to be 
     expended by the State during the applicable quarter under the 
     State program funded under this subtitle; and
       (II) such other information as the Secretary may require.

       (ii) Certification.--The Secretary shall certify to the 
     Secretary of the Treasury the amount estimated under clause 
     (i) with respect to each State, adjusted to the extent of any 
     overpayment or underpayment--

       (I) that the Secretary determines was made under this 
     subtitle to the State for any prior quarter; and
       (II) with respect to which adjustment has not been made 
     under this paragraph.

     SEC. 4004. USE OF GRANTS.

       (a) In General.--Subject to subsection (b), a State that 
     receives a grant under section 4003 may use the grant in any 
     manner that is reasonably demonstrated to accomplish the 
     purposes of this subtitle.
       (b) Limitation on Use of Grant for Administrative 
     Purposes.--A State may not use more than 3 percent of the 
     amount of a grant received for a fiscal year under section 
     4003 for administrative purposes.

[[Page S3797]]

     SEC. 4005. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle $45,000,000,000 for fiscal year 2013 and each fiscal 
     year thereafter.

     SEC. 4006. REPEAL.

       (a) In General.--Effective 120 days after the date of 
     enactment of this Act, the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.) is repealed.
       (b) Relationship to Other Law.--Any reference in this Act, 
     an amendment made by this Act, or any other Act to the 
     supplemental nutrition assistance program shall be considered 
     to be a reference to the supplemental nutrition assistance 
     block grant program under this subtitle.
                                 ______
                                 
  SA 2183. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN.

       No amounts may be obligated or expended to provide any 
     direct United States assistance to the Government of Pakistan 
     unless the President certifies to Congress that--
       (1) Dr. Shakil Afridi has been released from prison in 
     Pakistan;
       (2) any criminal charges brought against Dr. Afridi, 
     including treason, have been dropped; and
       (3) if necessary to ensure his freedom, Dr. Afridi has been 
     allowed to leave Pakistan.
                                 ______
                                 
  SA 2184. Mr. WYDEN (for himself and Mr. Burr) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title III, add the following:

                       Subtitle D--Other Matters

     SEC. 3301. ACCESS OF MEMBERS OF CONGRESS AND THEIR STAFF TO 
                   DOCUMENTS RELATING TO TRADE NEGOTIATIONS.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure the adequate consultation of the United 
     States Trade Representative with Members of Congress;
       (2) to provide Members of Congress with appropriate 
     opportunities--
       (A) to advise the Trade Representative with respect to the 
     formulation of trade policy; and
       (B) to propose specific negotiating objectives for trade 
     negotiations; and
       (3) to provide Members of Congress with the information 
     necessary to assess compliance with and enforcement of 
     commitments made by countries that are parties to trade 
     agreements with the United States.
       (b) Access to Certain Documents.--Notwithstanding section 
     2107 of the Bipartisan Trade Promotion Authority Act of 2002 
     (19 U.S.C. 3807) or any other provision of law, the United 
     States Trade Representative shall provide access to 
     documents, including classified materials, relating to 
     negotiations for a trade agreement to which the United States 
     may be a party and policies advanced by the Trade 
     Representative in such negotiations to--
       (1) any Member of Congress that requests such documents; 
     and
       (2) staff of such a Member with proper security clearances.
                                 ______
                                 
  SA 2185. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 312, strike line 2 and all that follows 
     through page 342, line 10, and insert the following:

   Subtitle A--Supplemental Nutrition Assistance Block Grant Program

     SEC. 4001. SUPPLEMENTAL NUTRITION ASSISTANCE BLOCK GRANT 
                   PROGRAM.

       (a) In General.--The Secretary shall establish a 
     supplemental nutrition assistance block grant program under 
     which the Secretary shall make grants to each State that 
     submits to the Secretary a plan describing the manner in 
     which the State will carry out the supplemental nutrition 
     assistance program in the State, including eligibility and 
     fraud prevention requirements.
       (b) Amount of Grant.--For each fiscal year, the Secretary 
     shall make a grant to each State that has submitted a plan 
     under subsection (a) in an amount equal to the product of--
       (1) the amount made available under subsection (c) for the 
     applicable fiscal year; and
       (2) the proportion that--
       (A) the number of low-income individuals (as determined by 
     the Secretary) in the State; bears to
       (B) the number of low-income individuals in all States that 
     have submitted a plan for the applicable fiscal year.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section an amount equal 
     to the amount made available to carry out the supplemental 
     nutrition assistance program established under the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect 
     on the day before the date of enactment of this Act) for 
     fiscal year 2010.

     SEC. 4002. REPEAL.

       (a) In General.--The Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.) is repealed.
       (b) Relationship to Other Law.--Any reference in this Act, 
     an amendment made by this Act, or any other Act to the 
     supplemental nutrition assistance program shall be considered 
     to be a reference to the supplemental nutrition assistance 
     block grant program under this subtitle.
                                 ______
                                 
  SA 2186. Mr. COBURN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE 
                   ADJUSTED GROSS INCOME.

       Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) (as amended by section 11023(b)) is amended by 
     adding at the end the following:
       ``(9) Limitation on premium subsidy based on average 
     adjusted gross income.--
       ``(A) Definition of average adjusted gross income.--In this 
     paragraph, the term `average adjusted gross income' has the 
     meaning given the term in section 1001D(a) of the Food 
     Security Act of 1985 (7 U.S.C. 1308 3a(a)).
       ``(B) Limitation.--Notwithstanding any other provision of 
     this subtitle and beginning with the 2014 reinsurance year, 
     in the case of any producer that is a person or legal entity 
     that has an average adjusted gross income in excess of 
     $750,000 based on the most recent data available from the 
     Farm Service Agency as of the beginning of the reinsurance 
     year, the total amount of premium subsidy provided with 
     respect to additional coverage under subsection (c), section 
     508B, or section 508C issued on behalf of the producer for a 
     reinsurance year shall be 15 percentage points less than the 
     premium subsidy provided in accordance with this subsection 
     that would otherwise be available for the applicable policy, 
     plan of insurance, and coverage level selected by the 
     producer.''.
                                 ______
                                 
  SA 2187. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 398, line 1, insert ``(including a commercial 
     fisherman)'' after ``farmer''.
                                 ______
                                 
  SA 2188. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1003, line 24, insert ``and commercially harvested 
     fish'' after ``ornamental fish''.
                                 ______
                                 
  SA 2189. Mr. JOHNSON of Wisconsin submitted an amendment intended to 
be proposed by him to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle C of title IV, add the following:

     SEC. 4208. FRUIT AND VEGETABLE PROGRAM.

       Section 19 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1769a) is amended--
       (1) in the section heading, by striking ``FRESH'';
       (2) in subsection (a), by striking ``fresh''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Program.--A school participating in the program--
       ``(1) shall make free fruits and vegetables available to 
     students throughout the school day (or at such other times as 
     are considered appropriate by the Secretary) in 1 or more 
     areas designated by the school;
       ``(2) may make the free fruits and vegetables available in 
     any form (such as fresh, frozen, dried, or canned) that meets 
     any nutrition requirement prescribed by the Secretary and 
     consistent with the most recent Dietary Guidelines for 
     Americans published under section 301 of the National 
     Nutrition Monitoring and Related Research Act of 1990 (7 
     U.S.C. 5341); and
       ``(3) shall purchase, to the maximum extent practicable, 
     domestic commodities or products in compliance with section 
     12(n) (including any implementing regulations).''.

                          ____________________