[Congressional Record Volume 158, Number 85 (Thursday, June 7, 2012)]
[Senate]
[Pages S3845-S3870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2190. Ms. SNOWE (for herself and 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 115, strikes lines 12 and 13 and insert the 
     following:

              PART IV--FEDERAL MILK MARKETING ORDER REFORM

     SEC. 1481. REQUIRED AMENDMENTS TO FEDERAL MILK MARKETING 
                   ORDERS.

       (a) Amendments Required.--
       (1) In general.--The Secretary shall amend each Federal 
     milk marketing order issued under section 8c of the 
     Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with 
     amendments by the Agricultural Marketing Agreement Act of 
     1937 (in this part referred to as a ``milk marketing 
     order''), as required by this section.
       (2) Relation to other laws.--Except as provided in section 
     1482, the Secretary shall execute the amendments required by 
     this section without regard to any provision of section 8c of 
     the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted 
     with amendments by the Agricultural Marketing Agreement Act 
     of 1937, as in effect on the day before the date of enactment 
     of this Act.
       (b) Use of End-product Price Formulas.--The Secretary shall 
     eliminate the use of end-product price formulas for setting 
     prices for Class III milk.
       (c) Administrative Authority.--In addition to and 
     notwithstanding the authority provided under section 8d of 
     the Agricultural Adjustment Act (7 U.S.C. 608d), reenacted 
     with amendments by the Agricultural Marketing Agreement Act 
     of 1937, the Secretary may--
       (1) require handlers to report, maintain, and make 
     available all information and records that the Secretary 
     considers necessary for the administration of any milk 
     marketing order; and
       (2) adopt only such conforming amendments to milk marketing 
     orders as the Secretary determines to be necessary to 
     implement the amendments required by this section.

     SEC. 1482. AMENDMENT PROCESS.

       (a) Process.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments to milk marketing orders required 
     to be made by section 1481 shall be subject to subsections 
     (17) and (19) of section 8c of the Agricultural Adjustment 
     Act (7 U.S.C. 608c), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937.
       (2) Notice of final decision on proposed amendments.--Not 
     later than 270 days after the date of enactment of this Act, 
     the Secretary shall publish in the Federal Register notice of 
     a final decision on the proposed amendments to be made to 
     milk marketing orders in order to comply with section 1481.
       (3) Producer referendum.--
       (A) Referendum required.--As soon as practicable after 
     publication of the final decision on the proposed amendments 
     under paragraph (2), the Secretary shall conduct a producer 
     referendum regarding the final decision on the proposed 
     amendments.
       (B) Terms of referendum.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the producer referendum shall be conducted in the 
     manner provided by section 8c(19) of the Agricultural 
     Adjustment Act (7 U.S.C. 608c(19)), reenacted with amendments 
     by the Agricultural Marketing Agreement Act of 1937.
       (ii) Single referendum.--The referendum shall be a single 
     referendum upon which approval or failure of the proposed 
     amendments to all milk marketing orders shall depend.
       (iii) Approval requirements.--The proposed amendments shall 
     require approval by \1/2\ of participating producers or by 
     volume of production (rather than \2/3\) in order for the 
     referendum to pass and the proposed amendments to take 
     effect.
       (C) Effect of failure.--If the referendum fails, the milk 
     marketing orders shall remain in force as in effect before 
     the proposed amendments were published.
       (b) Effect of Court Order.--If the Secretary is enjoined or 
     otherwise restrained by a court order from executing the 
     amendments to milk marketing orders required by section 1481, 
     the length of time for which that injunction or other 
     restraining order is effective shall be added to any time 
     limitation in effect under paragraph (2) or (3) of subsection 
     (a), so as to extend those time limitations by a period of 
     time equal to the

[[Page S3846]]

     period of time for which the injunction or other restraining 
     order is in effect.
       (c) Relation to Other Amendment Authority.--Nothing in this 
     part affects the authority of the Secretary to subsequently 
     amend milk marketing orders, or the ability of producers or 
     other persons to seek such amendments, in accordance with the 
     rulemaking process provided by section 8c(17) of the 
     Agricultural Adjustment Act (7 U.S.C. 608c(17)), reenacted 
     with amendments by the Agricultural Marketing Agreement Act 
     of 1937.

                         PART V--EFFECTIVE DATE

     SEC. 1491. EFFECTIVE DATE.

                                 ______
                                 
  SA 2191. Mr. ALEXANDER 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 596, between lines 12 and 13, insert the following:
       ``(12) Other federal benefits.--Notwithstanding any other 
     provision of law, any cooperative organization or other 
     entity that receives a loan or loan guarantee under this 
     subsection for a wind energy project shall be ineligible for 
     any other Federal benefit, assistance, or incentive for the 
     project under any other provision of law.
                                 ______
                                 
  SA 2192. Ms. AYOTTE (for herself and Mr. Coburn) 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 568, strike line 6 and all that follows 
     through page 574, line 11, and insert the following:
       ``(b) Value-added Agricultural Producer Grants.--
       ``(1) Definitions.--In this subsection:
       ``(A) Mid-tier value chain.--The term `mid-tier value 
     chain' means a local and regional supply network that links 
     independent producers with businesses and cooperatives that 
     market value-added agricultural products in a manner that--
       ``(i) targets and strengthens the profitability and 
     competitiveness of small- and medium-sized farms that are 
     structured as family farms; and
       ``(ii) obtains agreement from an eligible agricultural 
     producer group, farmer cooperative, or majority-controlled 
     producer-based business venture that is engaged in the value 
     chain on a marketing strategy.
       ``(B) Producer.--The term `producer' means a farmer.
       ``(C) Value-added agricultural product.--The term `value-
     added agricultural product' means any agricultural commodity 
     or product--
       ``(i) that--

       ``(I) has undergone a change in physical state;
       ``(II) was produced in a manner that enhances the value of 
     the agricultural commodity or product, as demonstrated 
     through a business plan that shows the enhanced value, as 
     determined by the Secretary;
       ``(III) is physically segregated in a manner that results 
     in the enhancement of the value of the agricultural commodity 
     or product; or
       ``(IV) is aggregated and marketed as a locally produced 
     agricultural food product; and

       ``(ii) for which, as a result of the change in physical 
     state or the manner in which the agricultural commodity or 
     product was produced, marketed, or segregated--

       ``(I) the customer base for the agricultural commodity or 
     product is expanded; and
       ``(II) a greater portion of the revenue derived from the 
     marketing, processing, or physical segregation of the 
     agricultural commodity or product is available to the 
     producer of the commodity or product.

       ``(2) Grants.--
       ``(A) In general.--The Secretary may make grants under this 
     subsection to--
       ``(i) independent producers of value-added agricultural 
     products; and
       ``(ii) an agricultural producer group, farmer cooperative, 
     or majority-controlled producer-based business venture, as 
     determined by the Secretary.
       ``(B) Grants to a producer.--A grantee under subparagraph 
     (A)(i) shall use the grant--
       ``(i) to develop a business plan or perform a feasibility 
     study to establish a viable marketing opportunity (including 
     through mid-tier value chains) for value-added agricultural 
     products; or
       ``(ii) to provide capital to establish alliances or 
     business ventures that allow the producer to better compete 
     in domestic or international markets.
       ``(C) Grants to an agricultural producer group, cooperative 
     or producer-based business venture.--A grantee under 
     subparagraph (A)(ii) shall use the grant--
       ``(i) to develop a business plan for viable marketing 
     opportunities in emerging markets for a value-added 
     agricultural product; or
       ``(ii) to develop strategies that are intended to create 
     marketing opportunities in emerging markets for the value-
     added agricultural product.
       ``(D) Award selection.--
       ``(i) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to projects--

       ``(I) carried out by an applicant that has not previously 
     received a grant under this subsection;
       ``(II) carried out by an applicant that has not received 
     any Federal assistance for the prior fiscal year;
       ``(III) that contribute to increasing opportunities for 
     operators of small- and medium-sized farms that are 
     structured as family farms; or
       ``(IV) at least \1/4\ of the recipients of which are 
     beginning farmers or socially disadvantaged farmers.

       ``(ii) Ranking.--In evaluating and ranking proposals under 
     this subsection, the Secretary shall provide substantial 
     weight to the priorities described in clause (i).
       ``(E) Amount of grant.--
       ``(i) In general.--The total amount provided to a grant 
     recipient under this subsection shall not exceed $150,000.
       ``(ii) Majority-controlled, producer-based business 
     ventures.--The total amount of all grants provided to 
     majority-controlled, producer-based business ventures under 
     this subsection for a fiscal year shall not exceed 10 percent 
     of the amount of funds used to make all grants for the fiscal 
     year under this subsection.
       ``(F) Term.--The term of a grant under this paragraph shall 
     not exceed 3 years.
       ``(G) Simplified application.--The Secretary shall offer a 
     simplified application form and process for project proposals 
     requesting less than $50,000 under this subsection.
       ``(H) Application requirements.--As a condition of the 
     receipt of a grant under this subsection, an applicant shall 
     disclose or provide to the Secretary in the application for 
     the grant--
       ``(i) the average adjusted gross income (as defined in 
     section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 
     1308 3a(a))) of the applicant;
       ``(ii) an estimate of the number of jobs and increased 
     revenue expected to be created if a grant is awarded and 
     implemented;
       ``(iii) all other Federal assistance received by the 
     applicant for the previous fiscal year;
       ``(iv) all previous grants received by the applicant under 
     this subsection; and
       ``(v) all previous loans, loan guarantees, and grants 
     received by the applicant from the Secretary.
       ``(I) Recipient requirements.--As a condition of the 
     receipt of a grant under this subsection, a recipient shall 
     disclose to the Secretary the adjusted gross income of the 
     recipient for the previous year (as determined by the 
     Secretary)--
       ``(i) on the completion of a grant agreement, in the final 
     report of the recipient for the grant agreement; and
       ``(ii) on the date that is 3 years after the date of the 
     submission of the final report described in clause (i).
       ``(J) Limitations.--
       ``(i) In general.--The Secretary shall not provide a grant 
     under this subsection to any producer that, during the 3-year 
     period preceding the date of receipt of the application of 
     the producer, has submitted a final grant report for another 
     value-added agricultural producer grant.
       ``(ii) No grants to producers of alcoholic beverages.--The 
     Secretary shall not provide a grant under this subsection to 
     any producer of an alcoholic beverage.
       ``(3) Retention of records.--In carrying out the program 
     under this subsection, the Secretary shall--
       ``(A) retain all records associated with the program under 
     this subsection until the date on which the Office of the 
     Inspector General of the Department determines which records 
     need to be retained so as to conduct an audit of the program 
     for the prior 10 years; and
       ``(B) after that date, continue to retain all records so 
     determined by the Office of the Inspector General to be 
     necessary for the audit.
       ``(4) Audit requirements.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Agriculture Reform, Food, and Jobs Act of 
     2012, the Office of the Inspector General of the Department 
     and the Comptroller General of the United States shall 
     initiate audits of the program under this subsection.
       ``(B) Requirement.--Audits under this paragraph shall 
     include a determination of the percentage of entities 
     continuing in operation 3 years after the date on which the 
     projects of the entities under this subsection were 
     completed, beginning with grants awarded in fiscal year 2006.
       ``(C) Prohibition on use of funds.--
       ``(i) In general.--None of the funds made available to 
     carry out this subsection may be used to initiate or carry 
     out any application or review process for any fiscal year 
     under this subsection prior to the completion and publication 
     of audits conducted by the Office of the Inspector General of 
     the Department and the Comptroller General of the United 
     States in accordance with this paragraph.
       ``(ii) Lack of program success.--None of the funds made 
     available to carry out this subsection may be used to 
     initiate or carry out any application or review process for 
     any fiscal year under this subsection if a determination is 
     made under subparagraph (B) that less than 60 percent of 
     grant recipients are continuing in operation 3 years after 
     date on which the projects of the grant recipients were 
     completed.
       ``(5) Website.--Notwithstanding any other provision of law, 
     for each fiscal year for which grants are awarded under this 
     subsection, the Secretary shall publish in an electronically 
     searchable format and clearly

[[Page S3847]]

     identify on the rural development website of the Department--
       ``(A) the total number of grants awarded;
       ``(B) the total dollar amount of grants awarded;
       ``(C) the amount awarded to each grantee;
       ``(D) the name of each grant recipient;
       ``(E) a description of each grant; and
       ``(F) beginning on the date of enactment of the Agriculture 
     Reform, Food, and Jobs Act of 2012--
       ``(i) an anonymous list of the average adjusted gross 
     income (as defined in section 1001D(a) of the Food Security 
     Act of 1985 (7 U.S.C. 1308-3a(a)) of each grant recipient;
       ``(ii) an anonymous list of each grant recipient who filed 
     final reports under paragraph (2)(I)(i), including--

       ``(I) the average adjusted gross income disclosed on the 
     grant application of the grant recipient; and
       ``(II) the average adjusted gross income disclosed on the 
     final report submitted by the grant recipient;

       ``(iii) an anonymous list of each grant recipient who 
     reported average adjusted gross income 3 years after the date 
     of the submission of a final report under paragraph 
     (2)(I)(ii), including--

       ``(I) the average adjusted gross income disclosed on the 
     grant application of the grant recipient;
       ``(II) the average adjusted gross income disclosed on the 
     final report submitted by the grant recipient; and
       ``(III) the average adjusted gross income disclosed 3 years 
     after the date of the submission of the final report; and

       ``(iv) the percentage of grant recipients in operation 3 
     years after the date on which the grant recipients submitted 
     final reports, as determined using the average adjusted gross 
     income information submitted under paragraph (2)(I)(ii).
       ``(6) Adjusted gross income limitation.--Notwithstanding 
     any other provision of law, a person or legal entity shall 
     not be eligible to receive a grant under this subsection if 
     the average adjusted gross income of the person or legal 
     entity exceeds $1,000,000, as those terms are defined in 
     sections 1001(a) and 1001D(a) of the Food Security Act of 
     1985 (7 U.S.C. 1308(a), 1308-3a(a)).
       ``(7) Funding.--
       ``(A) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $20,000,000 
     for each of fiscal years 2013 through 2017.
       ``(B) Reservation of funds for projects to benefit 
     beginning farmers, socially disadvantaged farmers, and mid-
     tier value chains.--
       ``(i) In general.--The Secretary shall reserve 10 percent 
     of the amounts made available for each fiscal year under this 
     subsection to fund projects that benefit beginning farmers or 
     socially disadvantaged farmers.
       ``(ii) Mid-tier value chains.--The Secretary shall reserve 
     10 percent of the amounts made available for each fiscal year 
     under this subsection to fund applications of eligible 
     entities described in paragraph (2) that propose to develop 
     mid-tier value chains.
       ``(iii) Unobligated amounts.--Any amounts in the reserves 
     for a fiscal year established under clauses (i) and (ii) that 
     are not obligated by June 30 of the fiscal year shall be 
     available to the Secretary to make grants under this 
     subsection to eligible entities in any State, as determined 
     by the Secretary.
       ``(8) Sense of senate.--It is the sense of the Senate 
     that--
       ``(A) the free flow of information from Federal agencies is 
     critical to enable Congress to perform its constitutionally 
     required oversight obligations; and
       ``(B) the Department of Agriculture should endeavor to 
     achieve transparency, cooperation, and expediency in 
     interactions with Members of Congress.
                                 ______
                                 
  SA 2193. Ms. AYOTTE 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:

       At the appropriate place, insert the following:

     SEC. __. LIMITATIONS ON BONUS AUTHORITY; REPORTS ON TRAVEL 
                   EXPENSES.

       (a) Limitations on Bonus Authority for Employees Under 
     Investigation.--
       (1) In general.--Chapter 45 of title 5, United States Code, 
     is amended by adding at the end the following:

            ``SUBCHAPTER IV--LIMITATIONS ON BONUS AUTHORITY

     ``Sec.  4531. Employees under investigation

       ``(a) Definitions.--In this section--
       ``(1) the term `adverse finding' relating to an employee of 
     an agency means a determination that the conduct of the 
     employee--
       ``(A) violated a policy of the agency; and
       ``(B) subjects the employee to removal;
       ``(2) the term `agency' means--
       ``(A) an Executive department, as that term is defined 
     under section 101; and
       ``(B) an independent establishment, as that term is defined 
     under section 104; and
       ``(3) the term `bonus' means any bonus or cash award, 
     including--
       ``(A) an award under this chapter;
       ``(B) an award under section 5384; and
       ``(C) a retention bonus under section 5754.
       ``(b) Ongoing Investigations.--
       ``(1) In general.--If an employee of an agency is the 
     subject of an ongoing investigation by the Inspector General 
     of the agency that may result in the removal of the employee, 
     the head of the agency may determine to award a bonus to the 
     employee, but may not pay a bonus to the employee.
       ``(2) Conclusion of investigation.--At the conclusion of an 
     investigation described in paragraph (1) relating to an 
     employee of an agency to whom the head of the agency 
     determined during the period the investigation was ongoing to 
     award a bonus--
       ``(A) if the Inspector General does not make an adverse 
     finding relating to the employee, the head of the agency may 
     pay the bonus to the employee; and
       ``(B) if the Inspector General makes an adverse finding 
     relating to the employee--
       ``(i) that results in the removal of the employee, the head 
     of the agency may not pay the bonus to the employee; and
       ``(ii) that results in an adverse action against the 
     employee that is less severe than removal, the head of the 
     agency may not pay the bonus, or award any bonus, to the 
     employee during the 2-year period beginning on the date on 
     which the Inspector General makes the adverse finding.
       ``(3) Notice.--The Inspector General of an agency shall 
     notify the head of the agency if the Inspector General is 
     conducting an investigation of an employee of the agency that 
     may result in the removal of the employee.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 45 of title 5, United States Code, is 
     amended by adding at the end the following:

             ``subchapter iv--limitations on bonus authority

``4531. Employees under investigation.''.
       (b) Reports on Travel Expenses.--Section 6506 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(e) Reports on Travel Expenses of Teleworkers.--
       ``(1) Definition.--In this subsection, the term `agency' 
     means--
       ``(A) an Executive department, as that term is defined 
     under section 101; and
       ``(B) an independent establishment, as that term is defined 
     under section 104.
       ``(2) Reports to comptroller general.--Not later than 
     December 31, 2012, and each year thereafter, the head of each 
     agency, and the head of each part of an agency, shall submit 
     to the Comptroller General a report that certifies that all 
     travel expenses that the agency (or part thereof) paid for 
     teleworking employees during the most recent full fiscal year 
     accurately reflect the actual travel expenses incurred by the 
     employees while teleworking.''.
                                 ______
                                 
  SA 2194. Ms. AYOTTE 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 1009, after line 11, add the following:

     SEC. 12207. FIDUCIARY EXCLUSION UNDER ERISA.

       Section 3(21)(A) of the Employee Retirement Income and 
     Security Act of 1974 (29 U.S.C. 1002(21)(A)) is amended by 
     inserting ``and except to the extent a person is providing an 
     appraisal or fairness opinion with respect to qualifying 
     employer securities (as defined in section 407(d)(5)) 
     included in an employee stock ownership plan (as defined in 
     section 407(d)(6)),'' after ``subparagraph (B),''.
                                 ______
                                 
  SA 2195. Ms. AYOTTE 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:

       At the appropriate place, insert the following:

     SEC. ____. GAO CROP INSURANCE FRAUD REPORT.

       Section 515(d) of the Federal Crop Insurance Act (7 U.S.C. 
     1515(d)) is amended by adding at the end the following:
       ``(6) GAO crop insurance fraud report.--As soon as 
     practicable after the date of enactment of this paragraph, 
     the Comptroller General of the United States shall conduct, 
     and submit to Congress a report describing the results of, a 
     study regarding fraudulent claims filed, and benefits 
     provided, under this subtitle.''.
                                 ______
                                 
  SA 2196. 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 38, strike line 13.
                                 ______
                                 
  SA 2197. Mr. McCAIN (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:

       On page 14, strike lines 3 through 9.
                                 ______
                                 
  SA 2198. Mr. McCAIN (for himself, Mr. Paul, and Ms. Ayotte) submitted 
an amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017,

[[Page S3848]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 68, strike line 16 and all that follows 
     through page 69, line 18, and insert the following:

                    Subtitle C--Sugar Program Repeal

     SEC. 1301. REPEAL OF SUGAR PROGRAM.

       Section 156 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7272) is repealed.

     SEC. 1302. 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 2013 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 of Agriculture may not make price support 
     available, whether in the form of a loan, payment, purchase, 
     or other operation, for any of the 2013 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.
       (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. 1303. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF 
                   RATE.

       (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of 
     the Harmonized Tariff Schedule of the United States is 
     amended by striking subheadings 1701.13 through 1701.14.50 
     and inserting in numerical sequence the following new 
     subheading, with the article description for such subheading 
     having the same degree of indentation as the article 
     description for subheading 1701.13, as in effect on the day 
     before the date of the enactment of this section:


``      1701.13.00       Cane sugar           Free                 ...................  39.85 cents/kg      ....
                          specified in
                          subheading note 2
                          to this chapter...
        1701.14.00       Other cane sugar...  Free                 ...................  39.85 cents/kg      ''.

       (b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking subheadings 1701.12 through 1701.12.50 and inserting 
     in numerical sequence the following new subheading, with the 
     article description for such subheading having the same 
     degree of indentation as the article description for 
     subheading 1701.12, as in effect on the day before the date 
     of the enactment of this section:


``       1701.12.00       Beet sugar.........  Free                 ...................  42.05 cents/kg       ''
                                                                                                               .

       (c) Elimination of Tariff on Certain Refined Sugar.--
     Chapter 17 of the Harmonized Tariff Schedule of the United 
     States is amended--
       (1) by striking the superior text immediately preceding 
     subheading 1701.91.05 and by striking subheadings 1701.91.05 
     through 1701.91.30 and inserting in numerical sequence the 
     following new subheading, with the article description for 
     such subheading having the same degree of indentation as the 
     article description for subheading 1701.12.05, as in effect 
     on the day before the date of the enactment of this section:


``       1701.91.02       Containing added     Free                 ...................  42.05 cents/kg       ''
                           coloring but not                                                                    ;
                           containing added
                           flavoring matter..

       (2) by striking subheadings 1701.99 through 1701.99.50 and 
     inserting in numerical sequence the following new subheading, 
     with the article description for such subheading having the 
     same degree of indentation as the article description for 
     subheading 1701.99, as in effect on the day before the date 
     of the enactment of this section:


``       1701.99.00       Other..............  Free                 ...................  42.05 cents/kg       ''
                                                                                                               ;

       (3) by striking the superior text immediately preceding 
     subheading 1702.90.05 and by striking subheadings 1702.90.05 
     through 1702.90.20 and inserting in numerical sequence the 
     following new subheading, with the article description for 
     such subheading having the same degree of indentation as the 
     article description for subheading 1702.60.22:


``       1702.90.02       Containing soluble   Free                                      42.05 cents/kg       ''
                           non-sugar solids                                                                    ;
                           (excluding any
                           foreign
                           substances,
                           including but not
                           limited to
                           molasses, that may
                           have been added to
                           or developed in
                           the product) equal
                           to 6 percent or
                           less by weight of
                           the total soluble
                           solids............

     and
       (4) by striking the superior text immediately preceding 
     subheading 2106.90.42 and by striking subheadings 2106.90.42 
     through 2106.90.46 and inserting in numerical sequence the 
     following new subheading, with the article description for 
     such subheading having the same degree of indentation as the 
     article description for subheading 2106.90.39:


``       2106.90.40       Syrups derived from  Free                                      42.50 cents/kg       ''
                           cane or beet                                                                        .
                           sugar, containing
                           added coloring but
                           not added
                           flavoring matter..

       (d) Conforming Amendment.--Chapter 17 of the Harmonized 
     Tariff Schedule of the United States is amended by striking 
     additional U.S. note 5.
       (e) Administration of Tariff-Rate Quotas.--Section 
     404(d)(1) of the Uruguay Round Agreements Act (19 U.S.C. 
     3601(d)(1)) is amended--
       (1) by inserting ``or'' at the end of subparagraph (B);
       (2) by striking ``; or'' at the end of subparagraph (C) and 
     inserting a period; and
       (3) by striking subparagraph (D).
       (f) Effective Date.--The amendments made by this section 
     apply with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.

     SEC. 1304. APPLICATION.

       Except as otherwise provided in this subtitle, this 
     subtitle and the amendments made by this subtitle shall apply 
     beginning with the 2013 crop of sugar beets and sugarcane.
                                 ______
                                 
  SA 2199. Mr. McCAIN (for himself, Mr. Kerry, Mr. Coburn, Mrs. 
Shaheen, Mr. Crapo, and Mr. Nelson of Florida) 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, add the following:

     SEC. 12207. REPEAL OF DUPLICATIVE PROGRAM.

       (a) In General.--Effective on the date of enactment of the 
     Food, Conservation, and Energy Act (7 U.S.C. 8701 et seq.), 
     section 11016 of that Act (Public Law 110 246; 122

[[Page S3849]]

     Stat. 2130) and the amendments made by that section are 
     repealed.
       (b) Application.--The Agricultural Marketing Act of 1946 (7 
     U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 
     U.S.C. 601 et seq.) shall be applied and administered as if 
     section 11016 of the Food, Conservation, and Energy Act 
     (Public Law 110 246; 122 Stat. 2130) and the amendments made 
     by that section had not been enacted.
                                 ______
                                 
  SA 2200. 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 338, between lines 6 and 7 insert the following:
       (c) State Option for Cash Equivalents for Purchase of 
     Locally Produced Commodities.--Section 203B(a) of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7505(a)) is 
     amended--
       (1) by designating the first and second sentences as 
     paragraphs (1) and (2), respectively; and
       (2) by adding at the end the following:
       ``(3) State option for cash equivalents for purchase of 
     locally produced commodities.--The Secretary shall allow a 
     State the option of receiving a cash payment that is equal to 
     15 percent of the value of the commodities that the State 
     would otherwise receive for a fiscal year under this Act, in 
     lieu of receiving the commodities, to purchase locally 
     produced commodities for use in accordance with this Act.''.
                                 ______
                                 
  SA 2201. Mrs. SHAHEEN (for herself and Mr. Toomey) 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 944, after line 23, add the following:

     SEC. 11005. LIMITATION ON PAYMENT OF PORTION OF PREMIUM BY 
                   CORPORATION.

       Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) is amended by adding at the end the following:
       ``(8) Limitation.--
       ``(A) In general.--Notwithstanding any other provision of 
     this title, the total amount of premium paid by the 
     Corporation on behalf of a person or legal entity, directly 
     or indirectly, with respect to all policies issued to the 
     person or legal entity under this title for a crop year shall 
     be limited to a maximum of $40,000.
       ``(B) Relationship to other law.--To the maximum extent 
     practicable, the Corporation shall carry out this paragraph 
     in accordance with section 1001 of the Food Security Act of 
     1985 (7 U.S.C. 1308).''.
                                 ______
                                 
  SA 2202. Mr. BENNET (for himself 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 205, line 4, insert ``by eligible entities'' after 
     ``purchase''.
       On page 207, lines 10 and 11, strike ``contiguous acres'' 
     and insert ``areas''.
       On page 208, line 24, insert ``if terms of the easement are 
     not enforced by the holder of the easement'' before the 
     semicolon at the end.
                                 ______
                                 
  SA 2203. Mr. BENNET (for himself 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 206, line 17, strike ``50 percent'' and insert 
     ``\1/3\''.
       On page 206, line 19, strike ``In the case of'' and insert 
     the following:
       ``(i) Cost share.--In the case of''.
       On page 206, between lines 23 and 24 insert the following:
       ``(ii) Source of contribution.--The Secretary may enter 
     into an agreement with an eligible entity that waives the 
     requirements of subparagraph (B)(ii) for a project of special 
     environmental significance.''.
                                 ______
                                 
  SA 2204. 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 652, between lines 12 and 13, insert the following:

     ``SEC. 3707. STATE RURAL DEVELOPMENT PARTNERSHIP.

       ``(a) Definitions.--In this section:
       ``(1) Agency with rural responsibilities.--The term `agency 
     with rural responsibilities' means any executive agency (as 
     defined in section 105 of title 5, United States Code) that 
     implements a Federal law, or administers a program, targeted 
     at or having a significant impact on rural areas.
       ``(2) Partnership.--The term `Partnership' means the State 
     Rural Development Partnership continued by subsection (b).
       ``(3) State rural development council.--The term `State 
     rural development council' means a State rural development 
     council that meets the requirements of subsection (c).
       ``(b) Partnership.--
       ``(1) In general.--The Secretary shall support the State 
     Rural Development Partnership comprised of State rural 
     development councils.
       ``(2) Purposes.--The purposes of the Partnership are to 
     empower and build the capacity of States, regions, and rural 
     communities to design flexible and innovative responses to 
     their rural development needs in a manner that maximizes 
     collaborative public- and private-sector cooperation and 
     minimizes regulatory redundancy.
       ``(3) Coordinating panel.--A panel consisting of 
     representatives of State rural development councils shall be 
     established--
       ``(A) to lead and coordinate the strategic operation and 
     policies of the Partnership; and
       ``(B) to facilitate effective communication among the 
     members of the Partnership, including the sharing of best 
     practices.
       ``(4) Role of federal government.--The role of the Federal 
     Government in the Partnership may be that of a partner and 
     facilitator, with Federal agencies authorized--
       ``(A) to cooperate with States to implement the 
     Partnership;
       ``(B) to provide States with the technical and 
     administrative support necessary to plan and implement 
     tailored rural development strategies to meet local needs;
       ``(C) to ensure that the head of each agency with rural 
     responsibilities directs appropriate field staff to 
     participate fully with the State rural development council 
     within the jurisdiction of the field staff; and
       ``(D) to enter into cooperative agreements with, and to 
     provide grants and other assistance to, State rural 
     development councils.
       ``(c) State Rural Development Councils.--
       ``(1) Establishment.--Notwithstanding chapter 63 of title 
     31, United States Code, each State may elect to participate 
     in the Partnership by entering into an agreement with the 
     Secretary to recognize a State rural development council.
       ``(2) Composition.--A State rural development council 
     shall--
       ``(A) be composed of representatives of Federal, State, 
     local, and tribal governments, nonprofit organizations, 
     regional organizations, the private sector, and other 
     entities committed to rural advancement; and
       ``(B) have a nonpartisan and nondiscriminatory membership 
     that--
       ``(i) is broad and representative of the economic, social, 
     and political diversity of the State; and
       ``(ii) shall be responsible for the governance and 
     operations of the State rural development council.
       ``(3) Duties.--A State rural development council shall--
       ``(A) facilitate collaboration among Federal, State, local, 
     and tribal governments and the private and nonprofit sectors 
     in the planning and implementation of programs and policies 
     that have an impact on rural areas of the State;
       ``(B) monitor, report, and comment on policies and programs 
     that address, or fail to address, the needs of the rural 
     areas of the State;
       ``(C) as part of the Partnership, facilitate the 
     development of strategies to reduce or eliminate conflicting 
     or duplicative administrative or regulatory requirements of 
     Federal, State, local, and tribal governments; and
       ``(D)(i) provide to the Secretary an annual plan with goals 
     and performance measures; and
       ``(ii) submit to the Secretary an annual report on the 
     progress of the State rural development council in meeting 
     the goals and measures.
       ``(4) Federal participation in state rural development 
     councils.--
       ``(A) In general.--A State Director for Rural Development 
     of the Department of Agriculture, other employees of the 
     Department, and employees of other Federal agencies with 
     rural responsibilities shall fully participate as voting 
     members in the governance and operations of State rural 
     development councils (including activities related to grants, 
     contracts, and other agreements in accordance with this 
     section) on an equal basis with other members of the State 
     rural development councils.
       ``(B) Conflicts.--Participation by a Federal employee in a 
     State rural development council in accordance with this 
     paragraph shall not constitute a violation of section 205 or 
     208 of title 18, United States Code.
       ``(d) Administrative Support of the Partnership.--
       ``(1) Detail of employees.--
       ``(A) In general.--In order to provide experience in 
     intergovernmental collaboration, the head of an agency with 
     rural responsibilities that elects to participate in the 
     Partnership may, and is encouraged to, detail to the 
     Secretary for the support of the Partnership 1 or more 
     employees of the agency with rural responsibilities without 
     reimbursement for a period of up to 1 year.
       ``(B) Civil service status.--The detail shall be without 
     interruption or loss of civil service status or privilege.
       ``(2) Additional support.--The Secretary may provide for 
     any additional support staff to the Partnership as the 
     Secretary determines to be necessary to carry out the duties 
     of the Partnership.
       ``(3) Intermediaries.--The Secretary may enter into a 
     contract with a qualified intermediary under which the 
     intermediary shall

[[Page S3850]]

     be responsible for providing administrative and technical 
     assistance to a State rural development council, including 
     administering the financial assistance available to the State 
     rural development council.
       ``(e) Matching Requirements for State Rural Development 
     Councils.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State rural development council shall provide matching funds, 
     or in-kind goods or services, to support the activities of 
     the State rural development council in an amount that is not 
     less than 33 percent of the amount of Federal funds received 
     from a Federal agency under subsection (f)(2).
       ``(2) Exceptions to matching requirement for certain 
     federal funds.--Paragraph (1) shall not apply to funds, 
     grants, funds provided under contracts or cooperative 
     agreements, gifts, contributions, or technical assistance 
     received by a State rural development council from a Federal 
     agency that are used--
       ``(A) to support 1 or more specific program or project 
     activities; or
       ``(B) to reimburse the State rural development council for 
     services provided to the Federal agency providing the funds, 
     grants, funds provided under contracts or cooperative 
     agreements, gifts, contributions, or technical assistance.
       ``(3) Department's share.--The Secretary shall develop a 
     plan to decrease, over time, the share of the Department of 
     Agriculture of the cost of the core operations of State rural 
     development councils.
       ``(f) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2013 through 2017.
       ``(2) Federal agencies.--
       ``(A) In general.--Notwithstanding any other provision of 
     law limiting the ability of an agency, along with other 
     agencies, to provide funds to a State rural development 
     council in order to carry out the purposes of this section, a 
     Federal agency may make grants, gifts, or contributions to, 
     provide technical assistance to, or enter into contracts or 
     cooperative agreements with, a State rural development 
     council.
       ``(B) Assistance.--Federal agencies are encouraged to use 
     funds made available for programs that have an impact on 
     rural areas to provide assistance to, and enter into 
     contracts with, a State rural development council, as 
     described in subparagraph (A).
       ``(3) Contributions.--A State rural development council may 
     accept private contributions.
       ``(g) Termination.--The authority provided under this 
     section shall terminate on September 30, 2017.''.
                                 ______
                                 
  SA 2205. Ms. MURKOWSKI (for herself and Mr. Begich) 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 548, strike line 5 and all that follows 
     through page 553, line 11 and insert the following:
       ``(B) Loans and grants to persons other than individuals.--
       ``(i) In general.--The Secretary shall make or guarantee 
     loans and make grants to provide for the conservation, 
     development, use, and control of water (including the 
     extension or improvement of existing water supply systems) 
     and the installation or improvement of drainage or waste 
     disposal facilities and essential community facilities, 
     including necessary related equipment, training, and 
     technical assistance to--

       ``(I) rural water supply corporations, cooperatives, or 
     similar entities;
       ``(II) Indian tribes on Federal or State reservations and 
     other federally recognized Indian tribes;
       ``(III) rural or native villages in the State of Alaska;
       ``(IV) native tribal health consortiums;
       ``(V) public agencies; and
       ``(VI) Native Hawaiian Home Lands.

       ``(ii) Eligible projects.--Loans and grants described in 
     clause (i) shall be available only to provide the described 
     water and waste facilities and services to communities whose 
     residents face significant health risks, as determined by the 
     Secretary, due to the fact that a significant proportion of 
     the residents of the community do not have access to, or are 
     not served by, adequate affordable--

       ``(I) water supply systems; or
       ``(II) waste disposal facilities.

       ``(iii) Matching requirements.--For entities described 
     under subclauses (III), (IV), or (V) of clause (i) to be 
     eligible to receive a grant for water supply systems or waste 
     disposal facilities, the State in which the project will 
     occur shall provide 25 percent in matching funds from non-
     Federal sources.
       ``(iv) Certain areas targeted.--

       ``(I) In general.--Loans and grants under clause (i) shall 
     be made only if the loan or grant funds will be used 
     primarily to provide water or waste services, or both, to 
     residents of a county or census area--

       ``(aa) the per capita income of the residents of which is 
     not more than 70 percent of the national average per capita 
     income, as determined by the Department of Commerce; and
       ``(bb) the unemployment rate of the residents of which is 
     not less than 125 percent of the national average 
     unemployment rate, as determined by the Bureau of Labor 
     Statistics.

       ``(II) Exceptions.--Notwithstanding subclause (I), loans 
     and grants under clause (i) may also be made if the loan or 
     grant funds will be used primarily to provide water or waste 
     services, or both, to residents of--

       ``(aa) a rural area that was recognized as a colonia as of 
     October 1, 1989; or
       ``(bb) areas described under subclauses (III) and (VI) of 
     clause (i).
       ``(C) Loans and grants to individuals.--
       ``(i) In general.--The Secretary shall make or guarantee 
     loans and make grants to individuals who reside in a 
     community described in subparagraph (B)(i) for the purpose of 
     extending water supply and waste disposal systems, connecting 
     the systems to the residences of the individuals, or 
     installing plumbing and fixtures within the residences of the 
     individuals to facilitate the use of the water supply and 
     waste disposal systems.
       ``(ii) Interest.--Loans described in clause (i) shall be at 
     a rate of interest no greater than the Federal Financing Bank 
     rate on loans of a similar term at the time the loans are 
     made.
       ``(iii) Amortization.--The repayment of loans described in 
     clause (i) shall be amortized over the expected life of the 
     water supply or waste disposal system to which the residence 
     of the borrower will be connected.
       ``(iv) Manner in which loans and grants are to be made.--
     Loans and grants to individuals under clause (i) shall be 
     made--

       ``(I) directly to the individuals by the Secretary; or
       ``(II) to the individuals through the rural water supply 
     corporation, cooperative, or similar entity, or public 
     agency, providing the water supply or waste disposal 
     services, pursuant to regulations issued by the Secretary.

       ``(D) Preference.--The Secretary shall give preference in 
     the awarding of loans and grants under subparagraphs (B) and 
     (C) to entities described in clause (i) of subparagraph (B) 
     that propose to provide water supply or waste disposal 
     services to the residents of Indian reservations, rural or 
     native villages in the State of Alaska, Native Hawaiian Home 
     Lands, and those rural subdivisions commonly referred to as 
     colonias, that are characterized by substandard housing, 
     inadequate roads and drainage, and a lack of adequate water 
     or waste facilities.
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriated--
       ``(i) for grants under this paragraph, $60,000,000 for each 
     fiscal year;
       ``(ii) for loans under this paragraph, $60,000,000 for each 
     fiscal year; and
       ``(iii) in addition to grants provided under clause (i), 
     for grants under this section to benefit Indian tribes, 
     $20,000,000 for each fiscal year.
       ``(F) Relationship to other authority.--Notwithstanding any 
     other provision of law, the Secretary or any other Federal 
     agency may enter into interagency agreements with Federal, 
     State, tribal, and other entities to share resources, 
     including transferring and accepting funds, equipment, or 
     other supplies, to carry out the activities described in this 
     section.
                                 ______
                                 
  SA 2206. Ms. MURKOWSKI (for herself, Mr. Kerry, and Mr. Brown of 
Massachusetts) 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 522, strike line 15 and all that follows 
     through page 523, line 2, and insert the following:
       (12) Farm.--The term ``farm'' means an operation involved 
     in--
       ``(A) the production of an agricultural commodity;
       ``(B) ranching;
       ``(C) aquaculture; or
       ``(D) in the case of chapter 2 of subtitle A, commercial 
     fishing.
       ``(13) Farmer.--The term `farmer' means an individual or 
     entity engaged primarily and directly in--
       ``(A) the production of an agricultural commodity;
       ``(B) ranching;
       ``(C) aquaculture; or
       ``(D) in the case of chapter 2 of subtitle A, commercial 
     fishing.
                                 ______
                                 
  SA 2207. Ms. MURKOWSKI (for herself and Mr. Begich) 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 1009, after line 11, add the following:

     SEC. 12___. REAUTHORIZATION OF DENALI COMMISSION.

       Subsection (a) of the first section 310 of the Denali 
     Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105 
     277) (relating to authorization of appropriations) is 
     amended--
       (1) by striking ``section 4 under this Act'' and inserting 
     ``section 304''; and
       (2) by striking ``for fiscal years 2000, 2001, 2002, and 
     2008'' and inserting ``for each of fiscal years 2012 through 
     2017.''.
                                 ______
                                 
  SA 2208. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 3240, to 
reauthorize agricultural programs through 2017,

[[Page S3851]]

and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 6203. LOANS UNDER SECTION 502 OF THE HOUSING ACT OF 1949 
                   FOR DWELLINGS WITH WATER CATCHMENT OR CISTERN 
                   SYSTEMS.

       Section 502(a) of the Housing Act of 1949 (42 U.S.C. 
     1472(a)) is amended by adding at the end the following:
       ``(4) The Secretary may not deny an application for a loan 
     under this section solely on the basis that the application 
     relates to a dwelling with a water catchment or cistern 
     system.''.
                                 ______
                                 
  SA 2209. Ms. MURKOWSKI (for herself and Mr. Begich) 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 548, strike line 5 and all that follows 
     through page 553, line 11 and insert the following:
       ``(B) Loans and grants to persons other than individuals.--
       ``(i) In general.--The Secretary shall make or guarantee 
     loans and make grants to provide for the conservation, 
     development, use, and control of water (including the 
     extension or improvement of existing water supply systems) 
     and the installation or improvement of drainage or waste 
     disposal facilities and essential community facilities, 
     including necessary related equipment, training, and 
     technical assistance to--

       ``(I) rural water supply corporations, cooperatives, or 
     similar entities;
       ``(II) Indian tribes on Federal or State reservations and 
     other federally recognized Indian tribes;
       ``(III) rural or native villages in the State of Alaska;
       ``(IV) native tribal health consortiums;
       ``(V) public agencies; and
       ``(VI) Native Hawaiian Home Lands.

       ``(ii) Eligible projects.--Loans and grants described in 
     clause (i) shall be available only to provide the described 
     water and waste facilities and services to communities whose 
     residents face significant health risks, as determined by the 
     Secretary, due to the fact that a significant proportion of 
     the residents of the community do not have access to, or are 
     not served by, adequate affordable--

       ``(I) water supply systems; or
       ``(II) waste disposal facilities.

       ``(iii) Matching requirements.--For entities described 
     under subclauses (III), (IV), or (V) of clause (i) to be 
     eligible to receive a grant for water supply systems or waste 
     disposal facilities, the State in which the project will 
     occur shall provide 25 percent in matching funds from non-
     Federal sources.
       ``(iv) Certain areas targeted.--

       ``(I) In general.--Loans and grants under clause (i) shall 
     be made only if the loan or grant funds will be used 
     primarily to provide water or waste services, or both, to 
     residents of a county or census area--

       ``(aa) the per capita income of the residents of which is 
     not more than 70 percent of the national average per capita 
     income, as determined by the Department of Commerce; and
       ``(bb) the unemployment rate of the residents of which is 
     not less than 125 percent of the national average 
     unemployment rate, as determined by the Bureau of Labor 
     Statistics.

       ``(II) Exceptions.--Notwithstanding subclause (I), loans 
     and grants under clause (i) may also be made if the loan or 
     grant funds will be used primarily to provide water or waste 
     services, or both, to residents of--

       ``(aa) a rural area that was recognized as a colonia as of 
     October 1, 1989; or
       ``(bb) areas described under subclauses (II), (III), and 
     (VI) of clause (i).
       ``(C) Loans and grants to individuals.--
       ``(i) In general.--The Secretary shall make or guarantee 
     loans and make grants to individuals who reside in a 
     community described in subparagraph (B)(i) for the purpose of 
     extending water supply and waste disposal systems, connecting 
     the systems to the residences of the individuals, or 
     installing plumbing and fixtures within the residences of the 
     individuals to facilitate the use of the water supply and 
     waste disposal systems.
       ``(ii) Interest.--Loans described in clause (i) shall be at 
     a rate of interest no greater than the Federal Financing Bank 
     rate on loans of a similar term at the time the loans are 
     made.
       ``(iii) Amortization.--The repayment of loans described in 
     clause (i) shall be amortized over the expected life of the 
     water supply or waste disposal system to which the residence 
     of the borrower will be connected.
       ``(iv) Manner in which loans and grants are to be made.--
     Loans and grants to individuals under clause (i) shall be 
     made--

       ``(I) directly to the individuals by the Secretary; or
       ``(II) to the individuals through the rural water supply 
     corporation, cooperative, or similar entity, or public 
     agency, providing the water supply or waste disposal 
     services, pursuant to regulations issued by the Secretary.

       ``(D) Preference.--The Secretary shall give preference in 
     the awarding of loans and grants under subparagraphs (B) and 
     (C) to entities described in clause (i) of subparagraph (B) 
     that propose to provide water supply or waste disposal 
     services to the residents of Indian reservations, rural or 
     native villages in the State of Alaska, Native Hawaiian Home 
     Lands, and those rural subdivisions commonly referred to as 
     colonias, that are characterized by substandard housing, 
     inadequate roads and drainage, and a lack of adequate water 
     or waste facilities.
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriated--
       ``(i) for grants under this paragraph, $60,000,000 for each 
     fiscal year;
       ``(ii) for loans under this paragraph, $60,000,000 for each 
     fiscal year; and
       ``(iii) in addition to grants provided under clause (i), 
     for grants under this section to benefit Indian tribes, 
     $20,000,000 for each fiscal year.
       ``(F) Relationship to other authority.--Notwithstanding any 
     other provision of law, the Secretary or any other Federal 
     agency may enter into interagency agreements with Federal, 
     State, tribal, and other entities to share resources, 
     including transferring and accepting funds, equipment, or 
     other supplies, to carry out the activities described in this 
     section.
                                 ______
                                 
  SA 2210. Mr. JOHANNS 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 insert the following:

     SEC. 122___. USE AND DISCHARGE OF PESTICIDES.

       (a) Short Title.--This section may be cited as the 
     ``Reducing Regulatory Burdens Act of 2012''.
       (b) Use of Authorized Pesticides.--Section 3(f) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136a(f)) is amended by adding at the end the following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act (33 
     U.S.C. 1342(s)), the Administrator or a State may not require 
     a permit under that Act for a discharge from a point source 
     into navigable waters of--
       ``(A) a pesticide authorized for sale, distribution, or use 
     under this Act; or
       ``(B) the residue of such a pesticide that results from the 
     application of the pesticide.''.
       (c) Discharges of Pesticides.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of--
       ``(A) a pesticide authorized for sale, distribution, or use 
     under the Federal Insecticide, Fungicide, and Rodenticide Act 
     (7 U.S.C. 136 et seq.); or
       ``(B) the residue of such a pesticide that results from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.) that is relevant to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the amount of pesticide or pesticide residue in the 
     discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) Manufacturing or industrial effluent.
       ``(D) Treatment works effluent.
       ``(E) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.
                                 ______
                                 
  SA 2211. Mr. JOHANNS 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 334, after line 22, insert the following:

     SEC. 4010. EMPLOYMENT AND TRAINING.

       (a) Administrative Costs.--Section 16(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the 
     matter preceding paragraph (1), by inserting ``(other than a 
     program carried out under section 6(d)(4) or 20)'' after 
     ``supplemental nutrition assistance program'' the first place 
     it appears.
       (b) Funding of Employment and Training Programs.--
       (1) In general.--Section 16(h) of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2025(h)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``$90,000,000'' and 
     inserting ``$187,000,000''; and
       (ii) in subparagraph (E)(i), by striking ``$20,000,000'' 
     and inserting ``$30,000,000'';
       (B) by striking paragraphs (2) and (3); and
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--
       (A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) 
     is amended by striking ``, (g), (h)(2), or (h)(3)'' and 
     inserting ``or (g)''.

[[Page S3852]]

       (B) Section 22(d)(1)(B)(ii) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is amended by striking 
     ``, (g), (h)(2), and (h)(3)'' and inserting ``and (g)''.
       (c) Workfare.--Section 20 of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2029) is amended by striking subsection (g).
                                 ______
                                 
  SA 2212. Mr. JOHANNS (for himself and 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 1009, after line 11, add the following:

     SEC. 122___. FARM DUST REGULATION PREVENTION.

       (a) Short Title.--This section may be cited as the ``Farm 
     Dust Regulation Prevention Act of 2012''.
       (b) Nuisance Dust.--Part A of title I of the Clean Air Act 
     (42 U.S.C. 7401 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
                   TRIBAL, AND LOCAL GOVERNMENTS.

       ``(a) Definition of Nuisance Dust.--
       ``(1) In general.--In this section, the term `nuisance 
     dust' means particulate matter that--
       ``(A) is generated primarily from natural sources, unpaved 
     roads, agricultural activities, earth moving, or other 
     activities typically conducted in rural areas;
       ``(B) consists primarily of soil, other natural or 
     biological materials, or any combination of soil or other 
     natural or biological materials;
       ``(C) is not emitted directly into the ambient air from 
     combustion, such as exhaust from combustion engines and 
     emissions from stationary combustion processes; and
       ``(D) is not comprised of residuals from the combustion of 
     coal.
       ``(2) Exclusions.--The term `nuisance dust' does not 
     include radioactive particulate matter produced from uranium 
     mining or processing.
       ``(b) Applicability.--Except as provided in subsection (c), 
     any reference in this Act to particulate matter dos not 
     include nuisance dust.
       ``(c) Exception.--Subsection (b) does not apply to any 
     geographical area in which nuisance dust is not regulated 
     under State, tribal, or local law if the Administrator, in 
     consultation with the Secretary of Agriculture, finds that--
       ``(1) nuisance dust (or any subcategory of nuisance dust) 
     causes substantial adverse public health and welfare effects 
     at ambient concentrations; and
       ``(2) the benefits of applying standards and other 
     requirements of this Act to nuisance dust (or any subcategory 
     of nuisance dust) outweigh the costs (including local and 
     regional economic and employment impacts) of applying those 
     standards and other requirements to nuisance dust (or any 
     subcategory of nuisance dust).''.
       (c) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Environmental Protection Agency 
     should implement an approach to excluding exceptional events, 
     or events that are not reasonably controllable or 
     preventable, from determinations of whether an area is in 
     compliance with any national ambient air quality standard 
     applicable to coarse particulate matter that--
       (1) maximizes transparency and predictability for States, 
     tribes, and local governments; and
       (2) minimizes the regulatory and cost burdens States, 
     tribes, and local governments bear in excluding exceptional 
     events.
                                 ______
                                 
  SA 2213. Mr. HELLER 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. __. PROHIBITION OF PARTICIPATION BY MEMBERS OF CONGRESS 
                   IN AGRICULTURAL PROGRAMS.

       No Member of Congress, spouse of a Member of Congress, or 
     immediate family member of a Member of Congress shall 
     participate in a program authorized under this Act or an 
     amendment made by this Act.
                                 ______
                                 
  SA 2214. Mr. COBURN (for himself, Mr. Udall of Colorado, Mr. Burr, 
Mr. McCain, Ms. Ayotte, and Mr. Moran) 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. ___. PROHIBITING USE OF PRESIDENTIAL ELECTION CAMPAIGN 
                   FUNDS FOR PARTY CONVENTIONS.

       (a) In General.--
       (1) In general.--Chapter 95 of the Internal Revenue Code of 
     1986 is amended by striking section 9008.
       (2) Clerical amendment.--The table of sections of chapter 
     95 of such Code is amended by striking the item relating to 
     section 9008.
       (b) Conforming Amendments.--
       (1) Availability of payments to candidates.--The third 
     sentence of section 9006(c) of the Internal Revenue Code of 
     1986 is amended by striking ``, section 9008(b)(3),''.
       (2) Reports by federal election commission.--Section 
     9009(a) of such Code is amended--
       (A) by adding ``and'' at the end of paragraph (2);
       (B) by striking the semicolon at the end of paragraph (3) 
     and inserting a period; and
       (C) by striking paragraphs (4), (5), and (6).
       (3) Penalties.--Section 9012 of such Code is amended--
       (A) in subsection (a)(1), by striking the second sentence; 
     and
       (B) in subsection (c), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2).
       (4) Availability of payments from presidential primary 
     matching payment account.--The second sentence of section 
     9037(a) of such Code is amended by striking ``and for 
     payments under section 9008(b)(3)''.
       (c) Return of Previously Submitted Money for Deficit 
     Reduction.--Any amount which is returned by the national 
     committee of a major party or a minor party to the general 
     fund of the Treasury from an account established under 
     section 9008 of the Internal Revenue Code of 1986 after the 
     date of the enactment of this Act shall be dedicated to the 
     sole purpose of deficit reduction.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring after 
     December 31, 2012.
                                 ______
                                 
  SA 2215. Mr. TOOMEY 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 915, strike line 10, and all that follows 
     through page 919, line 6.
                                 ______
                                 
  SA 2216. Mr. TOOMEY 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 969, strike line 1, and all that follows 
     through page 970, line 5.
                                 ______
                                 
  SA 2217. Mr. TOOMEY 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 980, strike line 13, and all that follows 
     through page 983, line 20.
                                 ______
                                 
  SA 2218. Mr. TOOMEY 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 736, strike line 6, and all that follows 
     through page 738, line 18.
                                 ______
                                 
  SA 2219. Mr. CARDIN 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 271, between lines 4 and 5, insert the following:

     SEC. 2609. HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR 
                   CROP INSURANCE.

       (a) Highly Erodible Land Program Ineligibility.--
       (1) In general.--Section 1211(a)(1) of the Food Security 
     Act of 1985 (16 U.S.C. 3811(a)(1)) is amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(E) any portion of premium paid by the Federal Crop 
     Insurance Corporation for a plan or policy of insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);''.
       (2) Exemptions.--Section 1212(a)(2) of the Food Security 
     Act of 1985 (16 U.S.C. 3812(a)(2)) is amended--
       (A) in the first sentence, by striking ``(2) If,'' and 
     inserting the following:
       ``(2) Eligibility based on compliance with conservation 
     plan.--
       ``(A) In general.--If,'';
       (B) in the second sentence, by striking ``In carrying'' and 
     inserting the following:
       ``(B) Minimization of documentation.--In carrying''; and
       (C) by adding at the end the following:
       ``(C) Crop insurance.--In the case of payments that are 
     subject to section 1211 for the first time due to the 
     amendment made by section 2609(a) of the Agriculture Reform, 
     Food, and Jobs Act of 2012, any person who produces an 
     agricultural commodity on the land that is the basis of the 
     payments shall have until January 1 of the fifth year after 
     the date on which the payments became subject to section 1211 
     to develop and comply with an approved conservation plan.''.

[[Page S3853]]

       (b) Wetland Conservation Program Ineligibility.--Section 
     1221(b) of the Food Security Act of 1985 (16 U.S.C. 3821) is 
     amended by adding at the end the following:
       ``(4) Any portion of premium paid by the Federal Crop 
     Insurance Corporation for a plan or policy of insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).''.
                                 ______
                                 
  SA 2220. Mr. WYDEN (for himself and 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:

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

     SEC. 12207. INDUSTRIAL HEMP.

       (a) Exclusion of Industrial Hemp From Definition of 
     Marihuana.--Section 102 of the Controlled Substances Act (21 
     U.S.C. 802) is amended--
       (1) in paragraph (16)--
       (A) by striking ``(16) The'' and inserting ``(16)(A) The''; 
     and
       (B) by adding at the end the following:
       ``(B) The term `marihuana' does not include industrial 
     hemp.''; and
       (2) by adding at the end the following:
       ``(57) The term `industrial hemp' means the plant Cannabis 
     sativa L. and any part of such plant, whether growing or not, 
     with a delta-9 tetrahydrocannabinol concentration of not more 
     than 0.3 percent on a dry weight basis.''.
       (b) Industrial Hemp Determination.--Section 201 of the 
     Controlled Substances Act (21 U.S.C. 811) is amended by 
     adding at the end the following:
       ``(i) Industrial Hemp Determination.--If a person grows or 
     processes Cannabis sativa L. for purposes of making 
     industrial hemp in accordance with State law, the Cannabis 
     sativa L. shall be deemed to meet the concentration 
     limitation under section 102(57).''.
                                 ______
                                 
  SA 2221. Mr. WYDEN (for himself and Mr. Lugar) 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 361, between lines 8 and 9, insert the following:

     SEC. 42__. TASK FORCE TO PROMOTE NATIONAL SECURITY BY 
                   REDUCING CHILDHOOD OBESITY.

       (a) Findings.--Congress finds that, as of the date of 
     enactment of this Act--
       (1) the obesity epidemic has reached a crisis point that 
     threatens the national security of the United States;
       (2) in the past 3 decades, obesity rates have quadrupled 
     for children ages 6 to 11;
       (3)(A) Department of Defense data indicates that an 
     alarming 75 percent of all young people in the United States 
     ages 17 to 24 are unable to join the military; and
       (B) obesity is the leading medical reason why applicants 
     fail to qualify for military service;
       (4) in April 2010, more than 100 of the top retired 
     generals, admirals, and senior military leaders in the United 
     States released a report entitled ``Too Fat to Fight'', which 
     urgently called on Congress to pass new child nutrition 
     legislation that would--
       (A) get junk food out of schools; and
       (B) support increased funding to improve nutritional 
     standards and the quality of meals served in schools;
       (5) in May 2012, the Institute of Medicine released a 
     report entitled ``Accelerating Progress in Obesity 
     Prevention: Solving the Weight of the Nation'', which called 
     for the establishment of a task force to examine evidence on 
     the relationship between agricultural policy, the diet of the 
     average American, and childhood obesity;
       (6) a cooperative national effort by experts in 
     agriculture, security, and health in the form of a 
     scientifically rigorous task force is needed;
       (7)(A) properly managed, the school environment can be 
     instrumental in fostering healthful eating habits that will 
     last a lifetime;
       (B) unfortunately, some of the agricultural food and 
     nutrition policies of the United States contribute to the 
     obesity epidemic;
       (C) Federal food and nutrition programs are woven into the 
     fabric of the lives of children in the United States;
       (D) every day, millions of children buy breakfast, lunch, 
     and snacks in school; and
       (E) funding for the supplemental nutrition assistance 
     program established under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.) accounts for nearly 75 percent of the 
     total cost of this Act;
       (8) since the enactment of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 8701 et seq.), there has been a 
     sea change of interest and focus on the obesity epidemic in 
     the United States;
       (9) Congress should have the very best information when 
     making policy decisions; and
       (10) establishment of a task force will help to focus on 
     the relationship between agricultural policies and obesity.
       (b) Purposes.--The purposes of the Task Force established 
     under this section are--
       (1) to facilitate the next round of fact-based solutions to 
     the obesity epidemic; and
       (2) to build the foundation for evaluating and considering 
     the very best available scientific evidence on the 
     relationship between agriculture policies, the diet of the 
     average American, childhood nutrition, and childhood obesity.
       (c) Establishment.--
       (1) In general.--There is established a task force to be 
     known as the ``Task Force to Promote National Security by 
     Reducing Childhood Obesity'' (referred to in this section as 
     the ``Task Force'').
       (2) Membership.--
       (A) Eligibility.--Members of the Task Force shall--
       (i) have specialized training or significant experience in 
     matters under the jurisdiction of the Task Force; and
       (ii) represent, at a minimum--

       (I) national security interests;
       (II) national agricultural interests; and
       (III) national health interests.

       (B) Composition.--
       (i) In general.--The Task Force shall be composed of 15 
     members, in a manner that ensures fair and balanced 
     representation of the national security, agriculture, and 
     health sectors of the United States.
       (ii) Appointment.--As soon as practicable after the date on 
     which funds are first made available to carry out this 
     section, members shall be appointed to the Task Force in 
     accordance with the following requirements:

       (I) 1 member shall be--

       (aa) appointed by the Secretary to represent the Department 
     of Agriculture; and
       (bb) an expert in the field of agricultural policy as that 
     field relates to childhood nutrition and childhood obesity.

       (II) 1 member shall be--

       (aa) appointed by the Secretary; and
       (bb) an expert in the field of nutrition as that field 
     relates to agricultural policy, childhood nutrition, and 
     childhood obesity.

       (III) 1 member shall be--

       (aa) appointed by the Secretary to represent the Economic 
     Research Service of the Department of Agriculture; and
       (bb) an expert in the field of economics as that field 
     relates to agricultural policy, childhood nutrition, and 
     childhood obesity.

       (IV) 3 members shall be appointed by the Secretary to 
     represent the private agriculture industry, of whom--

       (aa) all shall be experts in the respective fields of the 
     members as those fields relate to agricultural policy, 
     childhood nutrition, and childhood obesity;
       (bb) 1 shall be a representative of the fruit and vegetable 
     industry;
       (cc) 1 shall be a representative of the grain-growing 
     industry; and
       (dd) 1 shall be a representative of the animal food 
     products industry.

       (V) 3 members shall be appointed by the Secretary of 
     Defense to represent the Department of Defense, of whom--

       (aa) all shall be experts in national security as that 
     field relates to childhood nutrition and childhood obesity; 
     and
       (bb) 1 shall be a current or former senior noncommissioned 
     officer with at least 2 years of experience in the physical 
     training and conditioning of new recruits.

       (VI) 2 members shall be appointed by the Secretary of 
     Defense on the nomination of Mission: Readiness (or a 
     successor entity).
       (VII) 1 member shall be--

       (aa) appointed by the Secretary of Health and Human 
     Services on the nomination of the Institute of Medicine of 
     the National Academy of Sciences; and
       (bb) an expert in the field of public health as that field 
     relates to childhood nutrition and childhood obesity.

       (VIII) 1 member shall be--

       (aa) appointed by the Secretary of Health and Human 
     Services on the nomination of the American Academy of 
     Pediatrics; and
       (bb) an expert in the field of pediatric public health as 
     that field relates to childhood nutrition and childhood 
     obesity.

       (IX) 1 member shall be--

       (aa) appointed by the Secretary of Health and Human 
     Services on the nomination of the American College of 
     Occupational and Environmental Medicine; and
       (bb) an expert in the field of adult public health (as that 
     field relates to childhood nutrition and childhood obesity) 
     that has expertise in leveraging employer resources to 
     improve the health of the children of the employees.

       (X) 1 member shall be--

       (aa) appointed by the Secretary of Health and Human 
     Services on the nomination of the American College of 
     Preventive Medicine; and
       (bb) an expert in the field of preventative medicine as 
     that field relates to childhood nutrition and childhood 
     obesity.
       (C) Chairperson.--The Secretary shall appoint 1 member of 
     the Task Force to serve as chairperson for the duration of 
     the proceedings of the Task Force.
       (D) Vice chairperson.--The Secretary of Defense shall 
     appoint 1 member of the Task Force to serve as vice 
     chairperson for the duration of the proceedings of the Task 
     Force.
       (3) Date of appointments.--The appointment of a member of 
     the Task Force shall be made not later than 90 days after the 
     date of enactment of this Act.
       (4) Term; vacancies.--
       (A) Term.--A member shall be appointed for the life of the 
     Task Force.
       (B) Vacancies.--A vacancy on the Task Force--
       (i) shall not affect the powers of the Task Force; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.

[[Page S3854]]

       (5) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Task Force have been appointed, 
     the Task Force shall hold the initial meeting of the Task 
     Force.
       (6) Meetings.--The Task Force shall meet at the call of the 
     Chairperson.
       (7) Quorum.--A majority of the members of the Task Force 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (d) Duties.--
       (1) In general.--The Task Force shall evaluate--
       (A) the implications of agricultural policies on the diet 
     of the average American and childhood obesity; and
       (B) how agricultural policy can be used to reduce childhood 
     obesity to promote national security.
       (2) Requirements.--The Task Force shall--
       (A) evaluate the evidence on the relationship between 
     agricultural policies of the United States (including 
     agricultural subsidies and the management of commodities) and 
     the diet of the people of the United States, specifically the 
     relationship between agricultural policies and childhood 
     obesity;
       (B) consider the current understanding and degree of 
     implementation of using an optimal mix of crops and 
     agricultural production methods so as to meet 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);
       (C) develop recommendations for future policy options and 
     policy-related research to address agricultural policies that 
     are identified as potential contributors to childhood 
     obesity;
       (D) develop recommendations on how agricultural policy can 
     be used to reduce childhood obesity to promote national 
     security; and
       (E) develop recommendations for establishing a formal 
     process by which Federal food, agriculture, national 
     security, and health officials would review and report on the 
     possible implications of agricultural policies of the United 
     States for obesity prevention, to ensure that this issue is 
     fully taken into account each and every time that 
     policymakers consider the Farm Bill reauthorization and other 
     legislation affecting agricultural and nutrition policies.
       (3) Report.--Not later than 1 year after the date on which 
     all members of the Task Force are appointed, the Task Force 
     shall submit to the Secretaries of Agriculture, Defense, and 
     Health and Human Services, and to the appropriate committees 
     of Congress, a report that contains--
       (A) a detailed statement of the findings and conclusions of 
     the Task Force; and
       (B) the recommendations of the Task Force for such 
     legislation and administrative actions as the Task Force 
     considers appropriate.
       (e) Powers.--
       (1) Hearings.--The Task Force may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Task Force considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Task Force may secure directly from a 
     Federal agency such information (other than classified or 
     confidential information) as the Task Force considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Task Force, the head of the agency shall 
     provide the information to the Task Force.
       (3) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (f) Task Force Personnel Matters.--
       (1) Compensation of members.--
       (A) Non-federal employees.--A member of the Task Force who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Task Force.
       (B) Federal employees.--A member of the Task Force who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (2) Travel expenses.--A member of the Task Force shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Task 
     Force.
       (3) Staff.--
       (A) In general.--The Chairperson of the Task Force may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Task Force to perform the duties of the Task Force.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Task Force.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Task Force may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (4) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Task Force without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson of the Task Force may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section.
       (2) Limitation.--No payment may be made under subsection 
     (f) except to the extent provided for in advance in an 
     appropriations Act.
       (h) Termination of Task Force.--The Task Force shall 
     terminate 90 days after the date on which the Task Force 
     submits the report of the Task Force under subsection (d)(3).
                                 ______
                                 
  SA 2222. Mrs. McCASKILL 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 769, strike lines 12 through 16 and insert the 
     following:
     ``section;
       ``(D) may establish additional reporting and information 
     requirements for any recipient of any assistance under this 
     section so as to ensure compliance with this section; and
       ``(E) with respect to an application for assistance under 
     this section, shall--
       ``(i) promptly post on the website of the Rural Utilities 
     Service--

       ``(I) an announcement that identifies--

       ``(aa) each applicant; and
       ``(bb) the amount and type of support requested by each 
     applicant; and

       ``(II) a list of the census block groups or tracts that the 
     applicant proposes to serve; and

       ``(ii) provide not less than 15 days for broadband service 
     providers to voluntarily submit information about the 
     broadband services that the providers offer in the groups or 
     tracts listed under clause (i)(II) so that the Secretary may 
     assess whether the applications submitted meet the 
     eligibility requirements under this section; and
       ``(iii) if no broadband service provider submits 
     information under clause (ii), consider the number of 
     providers in the group or tract to be established by 
     reference to--

       ``(I) the most current National Broadband Map of the 
     National Telecommunications and Information Administration; 
     or
       ``(II) any other data regarding the availability of 
     broadband service that the Secretary may collect or obtain 
     through reasonable efforts.''.

                                 ______
                                 
  SA 2223. Mrs. McCASKILL (for herself and 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 1009, after line 11, add the following:

     SEC. 12207. DRIVING DISTANCE FOR PURPOSES OF PROHIBITION ON 
                   CLOSURE OR RELOCATION OF COUNTY OFFICES FOR THE 
                   FARM SERVICE AGENCY.

       Section 14212(b)(1) of the Food, Conservation, and Energy 
     Act of 2008 (7 U.S.C. 6932a(b)(1)) is amended by inserting 
     ``driving'' after ``20'' each place it appears.
                                 ______
                                 
  SA 2224. Mr. THUNE 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. __. RULE RELATING TO CHILD LABOR.

       Notwithstanding any other provision of law, the Secretary 
     of Labor shall not promulgate any regulation, including under 
     the authority provided to enforce section 12 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 212), that addresses 
     child labor as it relates to agriculture, without first 
     consulting with and obtaining the approval of the Chairman 
     and Ranking Member of Committee on Agriculture of the House 
     of Representatives, the Chairman and Ranking Member of the 
     Committee on Agriculture of the Senate, and the Secretary of 
     Agriculture.

[[Page S3855]]

                                 ______
                                 
  SA 2225. Mr. COBURN 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. __. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE BY 
                   PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS.

       (a) Definition of Seriously Delinquent Tax Debt.--In this 
     section:
       (1) In general.--The term ``seriously delinquent tax debt'' 
     means an outstanding debt under the Internal Revenue Code of 
     1986 for which a notice of lien has been filed in public 
     records pursuant to section 6323 of that Code.
       (2) Exclusions.--The term ``seriously delinquent tax debt'' 
     does not include--
       (A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or 7122 of Internal 
     Revenue Code of 1986; and
       (B) a debt with respect to which a collection due process 
     hearing under section 6330 of that Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of that Code, is 
     requested or pending.
       (b) Prohibition.--Notwithstanding any other provision of 
     this Act or an amendment made by this Act, an individual or 
     entity who has a seriously delinquent tax debt shall be 
     ineligible to receive financial assistance (including any 
     payment, loan, grant, contract, or subsidy) under this Act or 
     an amendment made by this Act during the pendency of such 
     seriously delinquent tax debt.
       (c) Regulations.--The Secretary of Agriculture, in 
     conjunction with the Secretary of the Treasury, shall issue 
     such regulations as the Secretary considers necessary to 
     carry out this section.
                                 ______
                                 
  SA 2226. Mr. TOOMEY 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 888, strike line 5, and all that follows 
     through page 890, line 21.
                                 ______
                                 
  SA 2227. Mr. LAUTENBERG 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 361, between lines 8 and 9, insert the following:

     SEC. 4208. STUDY ON SUGAR-SWEETENED BEVERAGES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to Congress a report that 
     describes--
       (1) the impact of sugar-sweetened beverages on obesity and 
     human health in the United States; and
       (2) the impact on obesity and human health of public health 
     proposals that affect the cost and size of sugar-sweetened 
     beverages.
                                 ______
                                 
  SA 2228. Ms. CANTWELL 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 361, between lines 8 and 9, insert the following:

     SEC. 4208. PULSE CROP PRODUCTS.

       (a) Purpose.--The purpose of this section is to encourage 
     greater awareness and interest in the number and variety of 
     pulse crop products available to schoolchildren, as 
     recommended by 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).
       (b) Definitions.--In this section:
       (1) Eligible pulse crop.--The term ``eligible pulse crop'' 
     means dry beans, dry peas, lentils, and chickpeas.
       (2) Pulse crop product.--The term ``pulse crop product'' 
     means a food product derived in whole or in part from an 
     eligible pulse crop.
       (c) Purchase of Pulse Crops and Pulse Crop Products.--In 
     addition to the commodities delivered under section 6 of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1755), the Secretary shall purchase eligible pulse crops and 
     pulse crop products for use in--
       (1) the school lunch program established under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.); and
       (2) the school breakfast program established by section 4 
     of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
       (d) Evaluation.--Not later than September 30, 2016, the 
     Secretary shall conduct an evaluation of the activities 
     conducted under subsection (c), including--
       (1) an evaluation of whether children participating in the 
     school lunch and breakfast programs described in subsection 
     (c) increased overall consumption of eligible pulse crops as 
     a result of the activities;
       (2) an evaluation of which eligible pulse crops and pulse 
     crop products are most acceptable for use in the school lunch 
     and breakfast programs;
       (3) any recommendations of the Secretary regarding the 
     integration of the use of pulse crop products in carrying out 
     the school lunch and breakfast programs;
       (4) an evaluation of any change in the nutrient composition 
     in the school lunch and breakfast programs due to the 
     activities; and
       (5) an evaluation of any other outcomes determined to be 
     appropriate by the Secretary.
       (e) Report.--As soon as practicable after the completion of 
     the evaluation under subsection (d), the Secretary shall 
     submit to the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate and the Committee on Education and the 
     Workforce of the House of Representative a report describing 
     the results of the evaluation.
       (f) Funding.--
       (1) In general.--On October 1, 2012, 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 $5,000,000.
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation.
                                 ______
                                 
  SA 2229. Mr. BEGICH 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 D of title VII, add the following:

     SEC. 7409. AGRICULTURAL RESEARCH SERVICE FACILITIES.

       (a) In General.--Subtitle F of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6971 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 253. AGRICULTURAL RESEARCH SERVICE FACILITIES.

       ``The Agricultural Research Service shall operate at least 
     1 facility in each State.''.
       (b) Conforming Amendment.--Section 296(b) of the Department 
     of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) 
     (as amended by sections 4206(b) and 12201(b)) is amended--
       (1) in paragraph (9), by striking ``or'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(11) the authority of the Secretary to operate facilities 
     under section 253.''.
                                 ______
                                 
  SA 2230. Mr. BEGICH 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 564, between lines 10 and 11, insert the following:
       ``(h) Grants and Loan Guarantees to Provide Housing for 
     Educators, Public Safety Officers, and Medical Providers.--
       ``(1) Definitions.--In this subsection:
       ``(A) Educator.--The term `educator' means an individual 
     who--
       ``(i) is employed full-time as a teacher, principal, or 
     administrator by--

       ``(I) a public elementary school or secondary school that 
     provides direct services to students in grades 
     prekindergarten through grade 12, or a Head Start program; 
     and
       ``(II) meets the appropriate teaching certification or 
     licensure requirements of the State for the position in which 
     the individual is employed; or

       ``(ii) is employed full-time as a librarian, a career 
     guidance or counseling provider, an education aide, or in 
     another instructional or administrative position for a public 
     elementary school or secondary school.
       ``(B) Medical provider.--The term `medical provider' 
     means--
       ``(i) a licensed doctor of medicine or osteopathy;
       ``(ii) an American Indian, Alaska Native, or Native 
     Hawaiian recognized as a traditional healing practitioner;
       ``(iii) a health care provider that--

       ``(I) is licensed or certified under Federal or State law, 
     as applicable; and
       ``(II) is providing services that are eligible for coverage 
     under a plan under the Federal Employees Health Benefits 
     Program under chapter 89 of title 5, United States Code;

       ``(iv) a provider authorized under section 119 of the 
     Indian Health Care Improvement Act (25 U.S.C. 1616l); or
       ``(v) any other individual that the Secretary determines is 
     capable of providing health care services.
       ``(C) Public safety officer.--The term `public safety 
     officer' means an individual who is employed full-time--
       ``(i) as a law enforcement officer by a law enforcement 
     agency of the Federal Government, a State, a unit of general 
     local government, or an Indian tribe; or
       ``(ii) as a firefighter by a fire department of the Federal 
     Government, a State, a unit of general local government, or 
     an Indian tribe.
       ``(D) Qualified community.--The term `qualified community' 
     means any open country, or any place, town, village, or 
     city--
       ``(i) that is not part of or associated with an urban area; 
     and
       ``(ii) that--

       ``(I) has a population of not more than 2,500; or
       ``(II)(aa) has a population of not more than 10,000; and

[[Page S3856]]

       ``(bb) is not accessible by a motor vehicle, as defined in 
     section 30102 of title 49, United States Code.

       ``(E) Qualified housing.--The term `qualified housing' 
     means housing for educators, public safety officers, or 
     medical providers that is located in a qualified community.
       ``(F) Qualified project.--The term `qualified project' 
     means--
       ``(i) the construction, modernization, renovation, or 
     repair of qualified housing;
       ``(ii) the payment of interest on bonds or other financing 
     instruments (excluding instruments used for refinancing) that 
     are issued for the construction, modernization, renovation, 
     or repair of qualified housing;
       ``(iii) the repayment of a loan used--

       ``(I) for the construction, modernization, renovation, or 
     repair of qualified housing; or
       ``(II) to purchase real property on which qualified housing 
     will be constructed;

       ``(iv) purchasing or leasing real property on which 
     qualified housing will be constructed, renovated, modernized, 
     or repaired; or
       ``(v) any other activity normally associated with the 
     construction, modernization, renovation, or repair of 
     qualified housing, as determined by the Secretary.
       ``(G) Educational service agency, elementary school, local 
     educational agency, secondary school, state educational 
     agency.--The terms `educational service agency', `elementary 
     school', `local educational agency', `secondary school', and 
     `State educational agency' have the meanings given those 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       ``(2) Grants.--The Secretary may make a grant to an 
     applicant to carry out a qualified project.
       ``(3) Loan guarantees.--The Secretary may guarantee a loan 
     made to an applicant for the construction, modernization, 
     renovation, or repair of qualified housing.
       ``(4) Financing mechanisms.--The Secretary may make 
     payments of interest on bonds, loans, or other financial 
     instruments (other than financial instruments used for 
     refinancing) that are issued to an applicant for a qualified 
     project.
       ``(5) Application.--An applicant that desires a grant, loan 
     guarantee, or payment of interest under this subsection shall 
     submit to the Secretary an application that--
       ``(A) indicates whether the qualified housing for which the 
     grant, loan guarantee, or payment of interest is sought is 
     located in a qualified community;
       ``(B) identifies the applicant;
       ``(C) indicates whether the applicant prefers to receive a 
     grant, loan guarantee, or payment of interest under this 
     subsection;
       ``(D) describes how the applicant would ensure the adequate 
     maintenance of qualified housing assisted under this 
     subsection;
       ``(E) demonstrates a need for qualified housing in a 
     qualified community, which may include a deficiency of 
     affordable housing, a deficiency of habitable housing, or the 
     need to modernize, renovate, or repair housing;
       ``(F) describes the expected impact of the grant, loan 
     guarantee, or payment of interest on--
       ``(i) educators, public safety officers, and medical 
     providers in a qualified community, including the impact on 
     recruitment and retention of educators, public safety 
     officers, and medical providers; and
       ``(ii) the economy of a qualified community, including--

       ``(I) any plans to use small business concerns for the 
     construction, modernization, renovation, or repair of 
     qualified housing; and
       ``(II) the short- and long-term impact on the rate of 
     employment in the qualified community; and

       ``(G) describes how the applicant would ensure that 
     qualified housing assisted under this subsection is used for 
     educators, public safety officers, and medical providers.
       ``(6) Input from state director of rural development.--The 
     State Director of Rural Development for a State may submit to 
     the Secretary an evaluation of any application for a 
     qualified project in the State for which an application for 
     assistance under this subsection is submitted and the 
     Secretary shall take into consideration the evaluation in 
     determining whether to provide assistance.
       ``(7) Priority.--In awarding grants and making loan 
     guarantees and payments of interest under this subsection, 
     the Secretary shall give priority to an applicant that is--
       ``(A) a State educational agency or local educational 
     agency;
       ``(B) an educational service agency;
       ``(C) a State or local housing authority;
       ``(D) an Indian tribe or tribal organization, as those 
     terms are defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b);
       ``(E) a tribally designated housing entity;
       ``(F) a local government; or
       ``(G) a consortium of any of the entities described in 
     subparagraphs (A) through (F).
       ``(8) Limitation.--The Secretary may provide assistance to 
     the same applicant under only 1 of paragraphs (2), (3), and 
     (4).
       ``(9) Requirement.--As a condition of eligibility for a 
     grant, loan guarantee, or payment of interest under this 
     subsection, at least 1 named applicant shall be required to 
     maintain ownership of the qualified housing that is the 
     subject of the grant, loan guarantee, or payment of interest 
     during the greater of--
       ``(A) 15 years; or
       ``(B) the period of the loan for which a loan guarantee or 
     payment of interest is made under this subsection.
       ``(10) Reporting.--
       ``(A) By applicants.--Not later than 2 years after the date 
     on which an applicant receives a grant, loan guarantee, or 
     payment of interest under this subsection, the applicant 
     shall submit to the Secretary a report that--
       ``(i) describes how the grant, loan guarantee, or payment 
     of interest was used; and
       ``(ii) contains an estimate of the number of jobs created 
     or maintained by use of the grant, loan guarantee, or payment 
     of interest .
       ``(B) By gao.--Not later than 2 years after the date of 
     enactment of this subsection, the Comptroller General of the 
     United States shall submit to Congress a report evaluating 
     the program under this subsection.
       ``(11) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the Secretary to carry out this subsection$50,000,0000 for 
     fiscal year 2012, and each fiscal year thereafter.
       ``(B) Availability.--Any amounts appropriated to carry out 
     this subsection shall remain available for obligation by the 
     Secretary during the 3-year period beginning on the date of 
     the appropriation.
       ``(C) Use of funds.--Of any amounts appropriated for a 
     fiscal year to carry out this subsection, the Secretary shall 
     use--
       ``(i) not less than 50 percent to make grants under this 
     subsection;
       ``(ii) not more than 5 percent to carry out national 
     activities under this subsection, including providing 
     technical assistance and conducting outreach to qualified 
     communities; and
       ``(iii) any amounts not expended in accordance with clauses 
     (i) and (ii) to make loan guarantees and payments of interest 
     under this subsection.
                                 ______
                                 
  SA 2231. Mr. WARNER 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 764, strike lines 9 through 15 and insert the 
     following:
       ``(A) In general.--In making grants, loans, or loan 
     guarantees under paragraph (1), the Secretary shall--
       ``(i) establish not less than 2, and not more than 4, 
     evaluation periods for each fiscal year to compare grant, 
     loan, and loan guarantee applications and to prioritize 
     grants, loans, and loan guarantees to all or part of rural 
     communities that do not have residential broadband service 
     that meets the minimum acceptable level of broadband service 
     established under subsection (e);
       ``(ii) give the highest priority to applicants that offer 
     to provide broadband service to the greatest proportion of 
     unserved rural households or rural households that do not 
     have residential broadband service that meets the minimum 
     acceptable level of broadband service established under 
     subsection (e), as--

       ``(I) certified by the affected community, city, county, or 
     designee; or
       ``(II) demonstrated on--

       ``(aa) the broadband map of the affected State if the map 
     contains address-level data; or
       ``(bb) the National Broadband Map if address-level data is 
     unavailable; and
       ``(iii) give a higher priority to applicants that have not 
     previously received grants, loans, or loan guarantees under 
     paragraph (1) and that are seeking to build out unserved 
     areas or to upgrade rural households to the minimum 
     acceptable level of broadband service established under 
     subsection (e).
       On page 765, line 22, strike ``and'' after the semicolon at 
     the end.
       On page 766, line 7, strike the period at the end and 
     insert ``; and''.
       On page 766, between lines 7 and 8, insert the following:
       ``(v) targeted funding to provide the minimum acceptable 
     level of broadband service established under subsection (e) 
     in all or part of an unserved community that is below that 
     minimum acceptable level of broadband service.
       On page 766, between lines 21 and 22, insert the following:
       (i) by striking clause (i) and inserting the following:
       ``(i) demonstrate the ability to furnish, improve in order 
     to meet the minimum acceptable level of broadband service 
     established under subsection (e), or extend broadband service 
     to all or part of an unserved rural area or an area below the 
     minimum acceptable level of broadband service established 
     under subsection (e);'';
       On page 766, line 22, strike ``(ii)'' the first place it 
     appears and insert ``(iii)''.
       On page 766, line 25, strike ``(iii)'' the first place it 
     appears and insert ``(iv)''.
       On page 767, strike lines 8 through 18 and insert the 
     following:
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``the proceeds of a loan made or 
     guaranteed'' and inserting ``assistance''; and
       (bb) by striking ``for the loan or loan guarantee'' and 
     inserting ``of the eligible entity'';

       (II) in clause (i), by striking ``is offered broadband 
     service by not more than 1 incumbent service provider'' and 
     inserting ``are

[[Page S3857]]

     unserved or have service levels below the minimum acceptable 
     level of broadband service established under subsection 
     (e)''; and
       (III) in clause (ii), by striking ``3'' and inserting 
     ``2'';

       (ii) by striking subparagraph (B);
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B); and
       (iv) in subparagraph (B) (as so redesignated)--

       (I) in the subparagraph heading, by striking ``3'' and 
     inserting ``2''; and
       (II) in clause (i), by inserting ``the minimum acceptable 
     level of broadband service established under subsection (e) 
     in'' after ``service to'';

       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``loan or'' and 
     inserting ``grant, loan, or''; and
       (ii) in subparagraph (B), by adding at the end the 
     following:
       ``(iii) Information.--Information submitted under this 
     subparagraph shall be--

       ``(I) certified by the affected community, city, county, or 
     designee; and
       ``(II) demonstrated on--

       ``(aa) the broadband map of the affected State if the map 
     contains address-level data; or
       ``(bb) the National Broadband Map if address-level data is 
     unavailable.'';
       (D) in paragraph (4)--
       (i) by striking ``Subject to paragraph (1),'' and inserting 
     the following:
       ``(A) In general.--Subject to paragraph (1) and 
     subparagraph (B),'';
       (ii) by striking ``loan or'' and inserting ``grant, loan, 
     or''; and
       (iii) by adding at the end the following:
       ``(B) Pilot programs.--The Secretary may carry out pilot 
     programs in conjunction with interested entities described in 
     subparagraph (A) (which may be in partnership with other 
     entities, as determined appropriate by the Secretary) to 
     address areas that are unserved or have service levels below 
     the minimum acceptable level of broadband service established 
     under subsection (e).'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``loan or'' and inserting ``grant, loan, or''; and
       (ii) in subparagraph (C), by inserting ``, and proportion 
     relative to the service territory,'' after ``estimated 
     number'';
       (F) in paragraph (6), by striking ``loan or'' and inserting 
     ``grant, loan, or'';
       On page 767, line 19, strike ``(D)'' and insert ``(G)''.
       On page 767, line 22, strike ``(E)'' and insert ``(H)''.
       On page 768, line 6, before the semicolon, insert the 
     following: ``, including new equipment and capacity 
     enhancements that support high-speed broadband access for 
     educational institutions, health care providers, and public 
     safety service providers (including the estimated number of 
     end users who are currently using or forecasted to use the 
     new or upgraded infrastructure)''.
       On page 768, line 9, before the semicolon, insert the 
     following: ``, including--

       ``(I) the number and location of residences and businesses 
     that will receive new broadband service, existing network 
     service improvements, and facility upgrades resulting from 
     the Federal assistance;
       ``(II) the speed of broadband service;
       ``(III) the price of broadband service;
       ``(IV) any changes in broadband service adoption rates, 
     including new subscribers generated from demand-side 
     projects; and
       ``(V) any other metrics the Secretary determines to be 
     appropriate

       On page 769, strike lines 5 through 12 and insert the 
     following:
       ``(C) shall, in addition to other authority under 
     applicable law, establish written procedures for all 
     broadband programs administered by the Secretary that, to the 
     maximum extent practicable--
       ``(i) recover funds from loan defaults;
       ``(ii)(I) deobligate awards to grantees that demonstrate an 
     insufficient level of performance (including failure to meet 
     build-out requirements, service quality issues, or other 
     metrics determined by the Secretary) or wasteful or 
     fraudulent spending; and
       ``(II) award those funds, on a competitive basis, to new or 
     existing applicants consistent with this section; and
       ``(iii) consolidate and minimize overlap among the 
     programs; and''.
       On page 769, between lines 16 and 17, insert the following:
       (5) in subsection (e)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of this section, the minimum acceptable level of broadband 
     service for a rural area shall be at least--
       ``(A) a 4-Mbps downstream transmission capacity; and
       ``(B) a 1-Mbps upstream transmission capacity.
       ``(2) Adjustments.--At least once every 2 years, the 
     Secretary shall adjust the minimum acceptable level of 
     broadband service established under paragraph (1) to ensure 
     that high quality, cost-effective broadband service is 
     provided to rural areas over time.'';
       On page 769, line 17, strike ``(5)'' and insert ``(6)''.
       On page 769, between lines 19 and 20, insert the following:
       (7) in subsection (g), by striking paragraph (2) and 
     inserting the following:
       ``(2) Terms.--In determining the term and conditions of a 
     loan or loan guarantee, the Secretary may--
       ``(A) consider whether the recipient would be serving an 
     area that is unserved; and
       ``(B) if the Secretary makes a determination in the 
     affirmative under subparagraph (A), establish a limited 
     initial deferral period or comparable terms necessary to 
     achieve the financial feasibility and long-term 
     sustainability of the project.'';
       On page 769, line 20, strike ``(6)'' and insert ``(8)''.
       On page 769, strike lines 23 and 24 and insert the 
     following:
       (B) in paragraph (1)--
       (i) by inserting ``grants and'' after ``number of''; and
       (ii) by inserting ``, including any loan terms or 
     conditions for which the Secretary provided additional 
     assistance to unserved areas'' before the semicolon at the 
     end;
       On page 770, line 5, strike ``and''
       On page 770, between lines 6 and 7, insert the following:
       (E) in paragraph (5), by striking ``and'' at the end;
       (F) in paragraph (6), by striking the period at the end and 
     inserting ``; and'';
       (G) by adding at the end the following:
       ``(7) the overall progress towards fulfilling the goal of 
     improving the quality of rural life by expanding rural 
     broadband access, as demonstrated by metrics, including--
       ``(A) the number of residences and businesses receiving new 
     broadband services;
       ``(B) network improvements, including facility upgrades and 
     equipment purchases;
       ``(C) average broadband speeds and prices on a local and 
     statewide basis;
       ``(D) any changes in broadband adoption rates; and
       ``(E) any specific activities that increased high speed 
     broadband access for educational institutions, health care 
     providers. and public safety service providers.''; and
       On page 770, strike line 7 and insert the following:
       (9) by redesignating subsections (k) and (l) as subsections 
     (l) and (m), respectively;
       (10) by inserting after subsection (j) the following:
       ``(k) Broadband Buildout Data.--
       ``(1) In general.--As a condition of receiving a grant, 
     loan, or loan guarantee under this section, a recipient of 
     assistance shall provide to the Secretary address-level 
     broadband buildout data that indicates the location of new 
     broadband service that is being provided or upgraded within 
     the service territory supported by the grant, loan, or loan 
     guarantee--
       ``(A) for purposes of inclusion in the semiannual updates 
     to the National Broadband Map that is managed by the National 
     Telecommunications and Information Administration (referred 
     to in this subsection as the `Administration'); and
       ``(B) not later than 30 days after the earlier of--
       ``(i) the date of completion of any project milestone 
     established by the Secretary; or
       ``(ii) the date of completion of the project.
       ``(2) Address-level data.--Effective beginning on the date 
     the Administration receives data described in paragraph (1), 
     the Administration shall use only address-level broadband 
     buildout data for the National Broadband Map.
       ``(3) Corrections.--
       ``(A) In general.--The Secretary shall submit to the 
     Administration any correction to the National Broadband Map 
     that is based on the actual level of broadband coverage 
     within the rural area, including any requests for a 
     correction from an elected or economic development official.
       ``(B) Incorporation.--Not later than 30 days after the date 
     on which the Administration receives a correction submitted 
     under subparagraph (A), the Administration shall incorporate 
     the correction into the National Broadband Map.
       ``(C) Use.--If the Secretary has submitted a correction to 
     the Administration under subparagraph (A), but the National 
     Broadband Map has not been updated to reflect the correct by 
     the date on which the Secretary is making a grant or loan 
     award decision under this section, the Secretary may use the 
     correction submitted under that subparagraph for purposes of 
     make the grant or loan award decision.'';
       (11) in paragraph (1) of subsection (l) (as redesignated by 
     paragraph (9))--
       On page 770, strike line 12 and insert the following:
       (12) in subsection (m) (as redesignated by paragraph (9))--
                                 ______
                                 
  SA 2232. Mr. TESTER (for himself and Mr. Thune) 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 the bill, add the following:

        TITLE XIII--RECREATIONAL HUNTING, FISHING, AND SHOOTING

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Sportsmen's Act of 2012''.

        Subtitle A--Hunting, Fishing, and Recreational Shooting

               PART I--HUNTING AND RECREATIONAL SHOOTING

     SEC. 13101. MAKING PUBLIC LAND PUBLIC.

       (a) In General.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l 6) is amended 
     to read as follows:

[[Page S3858]]

     ``SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of the Interior and the Secretary of 
     Agriculture shall ensure that, of the amounts requested for 
     the fund for each fiscal year, not less than 1.5 percent of 
     the amounts shall be made available for projects identified 
     on the priority list developed under subsection (b).
       ``(b) Priority List.--The Secretary of the Interior and the 
     Secretary of Agriculture, in consultation with the head of 
     each affected Federal agency, shall annually develop a 
     priority list for the sites under the jurisdiction of the 
     applicable Secretary.
       ``(c) Criteria.--Projects identified on the priority list 
     developed under subsection (b) shall secure recreational 
     public access to Federal public land in existence as of the 
     date of enactment of this section that has significantly 
     restricted access for hunting, fishing, and other 
     recreational purposes through rights-of-way or acquisition of 
     land (or any interest in land) from willing sellers.''.
       (b) Conforming Amendments.--
       (1) Land and water conservation fund act.--The Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l 4 et 
     seq.) is amended--
       (A) in the proviso at the end of section 2(c)(2) (16 U.S.C. 
     460l 5(c)(2)), by striking ``notwithstanding the provisions 
     of section 3 of this Act'';
       (B) in the first sentence of section 9 (16 U.S.C. 460l 
     10a), by striking ``by section 3 of this Act''; and
       (C) in the third sentence of section 10 (16 U.S.C. 460l 
     10b), by striking ``by section 3 of this Act''.
       (2) Federal land transaction facilitation act.--Section 
     206(f)(2) of the Federal Land Transaction Facilitation Act 
     (43 U.S.C. 2305(f)(2)) is amended by striking ``section 3 of 
     the Land and Water Conservation Fund Act (16 U.S.C. 460l 6)'' 
     and inserting ``the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l 4 et seq.)''.

     SEC. 13102. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES 
                   TAKEN IN SPORT HUNTS IN CANADA.

       Section 104(c)(5) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1374(c)(5)) is amended by striking 
     subparagraph (D) and inserting the following:
       ``(D)(i) The Secretary of the Interior shall, expeditiously 
     after the expiration of the applicable 30-day period under 
     subsection (d)(2), issue a permit for the importation of any 
     polar bear part (other than an internal organ) from a polar 
     bear taken in a sport hunt in Canada to any person who 
     submits, with the permit application, proof that the polar 
     bear--
       ``(I) was legally harvested by the person before February 
     18, 1997; or
       ``(II) was legally harvested by the person before May 15, 
     2008, from a polar bear population from which a sport-hunted 
     trophy could be imported before that date in accordance with 
     section 18.30(i) of title 50, Code of Federal Regulations (or 
     a successor regulation).
       ``(ii) The Secretary shall issue permits under clause 
     (i)(I) without regard to subparagraphs (A) and (C)(ii) of 
     this paragraph, subsection (d)(3), and sections 101 and 102.
       ``(iii) The Secretary shall issue permits under clause 
     (i)(II) without regard to subparagraph (C)(ii) of this 
     paragraph, subsection (d)(3), and sections 101 and 102.''.

     SEC. 13103. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS 
                   AT WATER RESOURCES DEVELOPMENT PROJECTS.

       The Secretary of the Army shall not promulgate or enforce 
     any regulation that prohibits an individual from possessing a 
     firearm, including an assembled or functional firearm, at a 
     water resources development project covered under part 327 of 
     title 36, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     law of the State in which the water resources development 
     project is located.

     SEC. 13104. TRANSPORTING BOWS THROUGH NATIONAL PARKS.

       (a) Findings.--Congress finds that--
       (1) bowhunters are known worldwide as among the most 
     skilled, ethical, and conservation-minded of all hunters;
       (2) bowhunting organizations at the Federal, State, and 
     local level contribute significant financial and human 
     resources to wildlife conservation and youth education 
     programs throughout the United States; and
       (3) bowhunting contributes $38,000,000,000 each year to the 
     economy of the United States.
       (b) Possession of Bows in Units of National Park System or 
     National Wildlife Refuge System.--Section 512(b) of the 
     Credit CARD Act of 2009 (16 U.S.C. 1a 7b(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``firearm including an assembled or functional firearm'' and 
     inserting ``firearm (including an assembled or functional 
     firearm) or bow''; and
       (2) in paragraphs (1) and (2), by inserting ``or bow or 
     crossbow'' after ``firearm'' each place it appears.

       PART II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT

     SEC. 13201. TARGET PRACTICE AND MARKSMANSHIP TRAINING.

       This part may be cited as the ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 13202. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the use of firearms and archery equipment for target 
     practice and marksmanship training activities on Federal land 
     is allowed, except to the extent specific portions of that 
     land have been closed to those activities;
       (2) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (3) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (4) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (5) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States amounts that may be used for 
     construction, operation, and maintenance of public target 
     ranges; and
       (6) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this part is to facilitate the 
     construction and expansion of public target ranges, including 
     ranges on Federal land managed by the Forest Service and the 
     Bureau of Land Management.

     SEC. 13203. DEFINITION OF PUBLIC TARGET RANGE.

       In this part, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate archery or rifle, pistol, or shotgun 
     shooting.

     SEC. 13204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE 
                   RESTORATION ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate archery or rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h 1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(b) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--

[[Page S3859]]

       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.

     SEC. 13205. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws (including regulations), the Chief of the 
     Forest Service and the Director of the Bureau of Land 
     Management should cooperate with State and local authorities 
     and other entities to implement best practices for waste 
     management and removal and carry out other related activities 
     on any Federal land used as a public target range to 
     encourage continued use of that land for target practice or 
     marksmanship training.

                           PART III--FISHING

     SEC. 13301. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO 
                   EXCLUDE SPORT FISHING EQUIPMENT.

       (a) In General.--Section 3(2)(B) of the Toxic Substances 
     Control Act (15 U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any component of any such article including, without 
     limitation, shot, bullets and other projectiles, propellants, 
     and primers,'';
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in section 4162(a) of the Internal Revenue Code of 
     1986, without regard to paragraphs (6) through (9) thereof) 
     the sale of which is subject to the tax imposed by section 
     4161(a) of such Code (determined without regard to any 
     exemptions from such tax as provided by section 4162 or 4221 
     or any other provision of such Code), and sport fishing 
     equipment components.''.
       (b) Relationship to Other Law.--Nothing in this section or 
     any amendment made by this section affects or limits the 
     application of or obligation to comply with any other 
     Federal, State or local law.

     SEC. 13302. PROHIBITION ON SALE OF BILLFISH.

       (a) Prohibition.--No person shall offer for sale, sell, or 
     have custody, control, or possession of for purposes of 
     offering for sale or selling billfish or products containing 
     billfish.
       (b) Penalty.--For purposes of section 308(a) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1858(a)), a violation of this section shall be treated 
     as an act prohibited by section 307 of that Act (16 U.S.C. 
     1857).
       (c) Exemption for Traditional Fisheries and Markets.--
     Subsection (a) does not apply to the State of Hawaii and 
     Pacific Insular Area as defined in section 3(35) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1802(35)), except that billfish may be sold under this 
     exemption only in the United States and the Pacific Insular 
     Area.
       (d) Billfish Defined.--In this section, the term 
     ``billfish''--
       (1) means any fish of the species--
       (A) Makaira nigricans (blue marlin);
       (B) Kajikia audax (striped marlin);
       (C) Istiompax indica (black marlin);
       (D) Istiophorus platypterus (sailfish);
       (E) Tetrapturus angustirostris (shortbill spearfish);
       (F) Kajikia albida (white marlin);
       (G) Tetrapturus georgii (roundscale spearfish);
       (H) Tetrapturus belone (Mediterranean spearfish); and
       (I) Tetrapturus pfluegeri (longbill spearfish); and
       (2) does not include the species Xiphias gladius 
     (swordfish).

     SEC. 13303. REPORT ON ARTIFICIAL REEFS IN THE GULF OF MEXICO.

       (a) Initial Report.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of the Interior, in 
     coordination with the Secretary of Commerce and the heads of 
     other Federal and State agencies, shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a plan to assess how best to integrate the 
     goals of the National Fishing Enhancement Act of 1984 (33 
     U.S.C. 2101 et seq.) and the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.).
       (b) Contents of Plan.--The plan required under subsection 
     (a) shall include--
       (1) an assessment of the capability of the Department of 
     the Interior to identify and issue a public notice of 
     platforms and related structures scheduled to be removed in 
     2012 and 2013 pursuant to sections 250.1700 through 250.1754 
     of title 30, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), and the timeframe set out in 
     the notice to lessees on the decommissioning for platforms 
     and related structures in the Gulf of Mexico OCS Region (NTL 
     No. 2010 G05) of the Department of the Interior;
       (2) strategies for coordination with relevant Federal and 
     State agencies and accredited marine research institutes and 
     university marine biology departments to assess the 
     biodiversity and critical habitat present at platforms and 
     related structures subject to removal pursuant to sections 
     250.1700 through 250.1754 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), and the timeframe set out in NTL No. 2010 G05;
       (3) an assessment of the potential impacts of the removal 
     of the platforms and related structures pursuant to sections 
     250.1700 through 250.1754 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), and the timeframe set out in NTL No. 2010 G05 on the 
     Gulf of Mexico ecosystem and marine habitat;
       (4) an assessment of the potential impacts of not removing 
     the platforms and related structures pursuant to sections 
     250.1700 through 250.1754 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), and the timeframe set out in NTL NO. 2010 G05, 
     including potential damage as a result of hurricanes and 
     other incidents; and
       (5) an assessment of the potential impacts of the removal 
     of platforms and related structures on the rebuilding plans 
     for Gulf reef fish and habitat, as developed by the National 
     Marine Fisheries Service of the Department of Commerce.
       (c) Final Report.--Not later than 18 months after the date 
     of submission of the plan developed under subsection (a), the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a final report that 
     includes--
       (1) a description of public comments from regional 
     stakeholders, including recreational anglers, divers, 
     offshore oil and gas companies, marine biologists, and 
     commercial fisherman; and
       (2) findings relative to comments developed under this 
     subsection, including options to mitigate potential adverse 
     impacts on marine habitat associated with the removal of 
     platforms and related structures pursuant to sections 
     250.1700 through 250.1754 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), and the timeframe set out in NTL No. 2010 G05.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out this section such sums as are necessary.

                   Subtitle B--National Fish Habitat

                     PART I--NATIONAL FISH HABITAT

     SEC. 13401. DEFINITIONS.

       In this part:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Aquatic habitat.--
       (A) In general.--The term ``aquatic habitat'' means any 
     area on which an aquatic organism depends, directly or 
     indirectly, to carry out the life processes of the organism, 
     including an area used by the organism for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``aquatic habitat'' includes an 
     area adjacent to an aquatic environment, if the adjacent 
     area--
       (i) contributes an element, such as the input of detrital 
     material or the promotion of a planktonic or insect 
     population providing food, that makes fish life possible;
       (ii) protects the quality and quantity of water sources;
       (iii) provides public access for the use of fishery 
     resources; or
       (iv) serves as a buffer protecting the aquatic environment.
       (3) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (4) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 13402(a)(1).
       (5) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to protect, sustain, and, where 
     appropriate, restore and enhance, using methods and 
     procedures associated with modern scientific resource 
     programs (including protection, research, census, law 
     enforcement, habitat management, propagation, live trapping 
     and transplantation, and regulated taking)--
       (A) a healthy population of fish, wildlife, or plant life;
       (B) a habitat required to sustain fish, wildlife, or plant 
     life; or
       (C) a habitat required to sustain fish, wildlife, or plant 
     life productivity.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (7) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (8) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 13404; and

[[Page S3860]]

       (ii) provides for the conservation or management of an 
     aquatic habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by the National Fish Habitat 
     Conservation Partnership Office or any other agency to 
     facilitate the development of strategies and priorities for 
     the conservation of aquatic habitats; or
       (ii) the obtaining of a real property interest in land or 
     water, including water rights, in accordance with terms and 
     conditions that ensure that the real property will be 
     administered for the long-term conservation of--

       (I) the land or water; and
       (II) the fish dependent on the land or water.

       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (10) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (11) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 13403(a).
       (12) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or the habitat for those fishery resources 
     of the State pursuant to State law or the constitution of the 
     State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States.

     SEC. 13402. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) In general.--There is established a board, to be known 
     as the ``National Fish Habitat Board''--
       (A) to promote, oversee, and coordinate the implementation 
     of this part and the National Fish Habitat Action Plan;
       (B) to establish national goals and priorities for aquatic 
     habitat conservation;
       (C) to designate Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 27 members, 
     of whom--
       (A) 1 shall be the Director;
       (B) 1 shall be the Assistant Administrator;
       (C) 1 shall be the Chief of the Natural Resources 
     Conservation Service;
       (D) 1 shall be the Chief of the Forest Service;
       (E) 1 shall be the Assistant Administrator for Water of the 
     Environmental Protection Agency;
       (F) 1 shall be the President of the Association of Fish and 
     Wildlife Agencies;
       (G) 1 shall be the Secretary of the Board of Directors of 
     the National Fish and Wildlife Foundation appointed pursuant 
     to section 3(g)(2)(B) of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3702(g)(2)(B));
       (H) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (I) 1 shall be a representative of the American Fisheries 
     Society;
       (J) 2 shall be representatives of Indian tribes, of whom--
       (i) 1 shall represent Indian tribes from the State of 
     Alaska; and
       (ii) 1 shall represent Indian tribes from the other States;
       (K) 1 shall be a representative of the Regional Fishery 
     Management Councils established under section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852);
       (L) 1 shall be a representative of the Marine Fisheries 
     Commissions, which is composed of--
       (i) the Atlantic States Marine Fisheries Commission;
       (ii) the Gulf States Marine Fisheries Commission; and
       (iii) the Pacific States Marine Fisheries Commission;
       (M) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (N) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.
       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H) through (I) and (K) through (N) of 
     subsection (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the enactment of this Act, the Secretary shall provide to the 
     board established by the National Fish Habitat Action Plan a 
     recommendation of not less than 4 tribal representatives, 
     from which that board shall appoint 2 representatives 
     pursuant to subparagraph (J) of subsection (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(N) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H) through (I) or (K) 
     through (N) of subsection (a)(2) shall be filled by an 
     appointment made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (J) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     not less than 4 tribal representatives, from which the 
     remaining members of the Board shall appoint a representative 
     to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members present 
     and voting;
       (C) procedures for establishing national goals and 
     priorities for aquatic habitat conservation for the purposes 
     of this part;
       (D) procedures for designating Partnerships under section 
     13403; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 13403. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Designate.--The Board may designate Fish 
     Habitat Partnerships in accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--

[[Page S3861]]

       (1) includes representatives of a diverse group of public 
     and private partners, including Federal, State, or local 
     governments, nonprofit entities, Indian tribes, and private 
     individuals, that are focused on conservation of aquatic 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (2) is organized to promote the health of important aquatic 
     habitats and distinct geographical areas, keystone fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and aquatic habitat 
     priorities for the Partnership area in the form of 
     geographical focus areas or key stressors or impairments to 
     facilitate strategic planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     causes of system decline in fish populations, rather than 
     simply treating symptoms in accordance with the National Fish 
     Habitat Action Plan; and
       (7) ensures collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 13404. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this part.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each fish habitat 
     conservation project that the Board recommends that the 
     Secretary approve and fund under this part, in order of 
     priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this part or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases fishing opportunities for the public;
       (ii) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (iii) increases public access to land or water;
       (iv) advances the conservation of fish and wildlife species 
     that are listed, or are candidates to be listed, as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Act (16 U.S.C. 
     1801 et seq.) and other relevant Federal law and State 
     wildlife action plans; and
       (vi) promotes resilience such that desired biological 
     communities are able to persist and adapt to environmental 
     stressors such as climate change; and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     part unless the fish habitat conservation project includes an 
     evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met; and
       (C) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) In general.--No fish habitat conservation project that 
     will result in the acquisition by the State, local 
     government, or other non-Federal entity, in whole or in part, 
     of any real property interest may be recommended by the Board 
     under subsection (b) or provided financial assistance under 
     this part unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, public agency, or other non-Federal entity unless the 
     State, agency, or other non-Federal entity is obligated to 
     undertake the management of the property being acquired in 
     accordance with the purposes of this part.
       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions that ensure that the 
     interest will be administered for the long-term conservation 
     and management of the aquatic ecosystem and the fish and 
     wildlife dependent on that ecosystem.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this part unless at least 50 percent of the cost of the 
     fish habitat conservation project will be funded with non-
     Federal funds.
       (2) Projects on federal land or water.--Notwithstanding 
     paragraph (1), Federal funds may be used for payment of 100 
     percent of the costs of a fish habitat conservation project 
     located on Federal land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this part may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), and based, to the 
     maximum extent practicable, on the criteria described in 
     subsection (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, approves a fish habitat 
     conservation project under paragraph (1), the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, shall 
     use amounts made available to carry out this part to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary, or the Secretary and 
     the Secretary of Commerce jointly, rejects or reorders the 
     priority of any fish habitat conservation project recommended 
     by the Board under subsection (b), the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, shall 
     provide to the Board and the appropriate Partnership a 
     written statement of the reasons that the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, rejected or 
     modified the priority of the fish habitat conservation 
     project.
       (4) Limitation.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, has not approved, rejected, or 
     reordered the priority of the recommendations of the Board 
     for fish habitat conservation projects by the date that is 
     180 days after the date of receipt of the recommendations, 
     the recommendations shall be considered to be approved.

     SEC. 13405. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   OFFICE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish an 
     office, to be known as the ``National Fish Habitat 
     Conservation Partnership Office'', within the United States 
     Fish and Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Office shall--
       (1) provide funding for the operational needs of the 
     Partnerships, including funding for activities such as 
     planning, project development and implementation, 
     coordination, monitoring, evaluation, communication, and 
     outreach;
       (2) provide funding to support the detail of State and 
     tribal fish and wildlife staff to the Office;
       (3) facilitate the cooperative development and approval of 
     Partnerships;
       (4) assist the Secretary and the Board in carrying out this 
     part;
       (5) assist the Secretary in carrying out the requirements 
     of sections 13406 and 13408;
       (6) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (7) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (8) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);

[[Page S3862]]

       (9) coordinate technical and scientific reporting as 
     required by section 13409;
       (10) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this part in an efficient manner; and
       (11) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant 
     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Office that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Office; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Office, subject to the availability of funds 
     under section 13413.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Office.
       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Office may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.
       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Office shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and aquatic habitat conservation.
       (5) Waiver of requirement.--The Secretary may waive all or 
     part of the non-Federal contribution requirement under 
     section 13404(e)(1) if the Secretary determines that--
       (A) no reasonable means are available through which the 
     affected applicant can meet the requirement; and
       (B) the probable benefit of the relevant fish habitat 
     conservation project outweighs the public interest in meeting 
     the requirement.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Office.

     SEC. 13406. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the Assistant Administrator, 
     and the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, shall provide scientific 
     and technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment; and
       (6) ensuring the availability of experts to conduct 
     scientifically based evaluation and reporting of the results 
     of fish habitat conservation projects.

     SEC. 13407. CONSERVATION OF AQUATIC HABITAT FOR FISH AND 
                   OTHER AQUATIC ORGANISMS ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency responsible for acquiring, managing, or 
     disposing of Federal land or water shall cooperate with the 
     Assistant Administrator and the Director to conserve the 
     aquatic habitats for fish and other aquatic organisms within 
     the land and water of the department or agency.

     SEC. 13408. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and coordinate 
     with, the appropriate State agency or tribal agency, as 
     applicable, of each State and Indian tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this part by not later than 30 days before the 
     date on which the activity is implemented.

     SEC. 13409. ACCOUNTABILITY AND REPORTING.

       (a) Implementation Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the implementation of--
       (A) this part; and
       (B) the National Fish Habitat Action Plan.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of aquatic habitat that 
     was protected, restored, or enhanced under the National Fish 
     Habitat Action Plan by Federal, State, or local governments, 
     Indian tribes, or other entities in the United States during 
     the 2-year period ending on the date of submission of the 
     report;
       (B) a description of the public access to aquatic habitats 
     protected, restored, or established under the National Fish 
     Habitat Action Plan during that 2-year period;
       (C) a description of the opportunities for public fishing 
     established under the National Fish Habitat Action Plan 
     during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this part during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 13404(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 13404(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 13404(b) that was 
     based on a factor other than the criteria described in 
     section 13404(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2012, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of aquatic habitats in the United States.
       (c) Revisions.--Not later than December 31, 2013, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 13410. REGULATIONS.

       The Secretary may promulgate such regulations as the 
     Secretary determines to be necessary to carry out this part.

     SEC. 13411. EFFECT OF PART.

       (a) Water Rights.--Nothing in this part--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) State Authority.--Nothing in this part--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (c) Effect on Indian Tribes.--Nothing in this part 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (d) Adjudication of Water Rights.--Nothing in this part 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (e) Effect on Other Authorities.--
       (1) Acquisition of land and water.--Nothing in this part 
     alters or otherwise affects the authorities, 
     responsibilities, obligations, or powers of the Secretary to 
     acquire land, water, or an interest in land or water under 
     any other provision of law.
       (2) Private property protection.--Nothing in this part 
     permits the use of funds made available to carry out this 
     part to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest.
       (3) Mitigation.--Nothing in this part permits the use of 
     funds made available to carry out this part for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99 662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.

     SEC. 13412. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or

[[Page S3863]]

       (2) any Partnership.

     SEC. 13413. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2012 through 2016 to provide funds for 
     fish habitat conservation projects approved under section 
     13404(f), of which 5 percent shall be made available for each 
     fiscal year for projects carried out by Indian tribes.
       (2) National fish habitat conservation partnership 
     office.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2012 through 2016 for 
     the National Fish Habitat Conservation Partnership Office, 
     and to carry out section 13409, an amount equal to 5 percent 
     of the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1).
       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Office pursuant to the interagency 
     operational plan under section 13405(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2012 
     through 2016 to carry out, and provide technical and 
     scientific assistance under, section 13406--
       (A) $500,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $500,000 to the Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration; and
       (C) $500,000 to the Secretary for use by the United States 
     Geological Survey.
       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to 3 percent of the 
     amount appropriated for the applicable fiscal year pursuant 
     to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106 107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this part; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this part.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this part; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this part.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.

                          PART II--DUCK STAMPS

     SEC. 13501. FINDINGS.

       Congress finds that--
       (1) Federal Migratory Bird Hunting and Conservation Stamps 
     (commonly known as ``duck stamps'') were created in 1934 as 
     Federal licenses required for hunting migratory waterfowl;
       (2)(A) duck stamps are a vital tool for wetland 
     conservation;
       (B) 98 percent of the receipts from duck stamp sales are 
     used to acquire important migratory bird breeding, migration, 
     and wintering habitat, which are added to the National 
     Wildlife Refuge System; and
       (C) those benefits extend to all wildlife, not just ducks;
       (3) since inception, the Federal duck stamp program--
       (A) has generated more than $750,000,000;
       (B) has preserved more than 5,000,000 acres of wetland and 
     wildlife habitat; and
       (C) is considered among the most successful conservation 
     programs ever initiated;
       (4)(A) since 1934, when duck stamps cost $1, the price has 
     been increased 7 times to the price in effect on the date of 
     enactment of this Act of $15, which took effect in 1991; and
       (B) the price of the duck stamp has not increased since 
     1991, the longest single period without an increase in 
     program history; and
       (5) with the price unchanged during the 20-year period 
     ending on the date of enactment of this Act, duck stamps have 
     lost 40 percent of the value of the duck stamps based on the 
     consumer price index, while the United States Fish and 
     Wildlife Service reports the price of land in targeted 
     wetland areas has tripled from an average of $306 to $1,091 
     per acre.

     SEC. 13502. COST OF STAMPS.

       Section 2 of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718b) is amended by striking subsection 
     (b) and inserting the following:
       ``(b) Cost of Stamps.--
       ``(1) In general.--For the 3-calendar-year period beginning 
     with calendar year 2013, and for each 3-calendar-year period 
     thereafter, the Secretary, in consultation with the Migratory 
     Bird Conservation Commission, shall establish the amount to 
     be collected under paragraph (2) for each stamp sold under 
     this section.
       ``(2) Collection of amounts.--The United States Postal 
     Service, the Department of the Interior, or any other agent 
     approved by the Department of the Interior shall collect the 
     amount established under paragraph (1) for each stamp sold 
     under this section for a hunting year if the Secretary 
     determines, at any time before February 1 of the calendar 
     year during which the hunting year begins, that all amounts 
     described in paragraph (3) have been obligated for 
     expenditure.
       ``(3) Amounts.--The amounts described in this paragraph are 
     amounts in the Migratory Bird Conservation Fund that are 
     available for obligation and attributable to--
       ``(A) amounts appropriated pursuant to this Act for the 
     fiscal year ending in the immediately preceding calendar 
     year; and
       ``(B) the sale of stamps under this section during that 
     fiscal year.''.

     SEC. 13503. WAIVERS.

       Section 1(a) of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718a(a)) is amended--
       (1) in paragraph (1), by inserting ``and subsection (d)'' 
     after ``paragraph (2)''; and
       (2) by adding at the end the following:
       ``(d) Waivers.--
       ``(1) In general.--The Secretary, in consultation with the 
     Migratory Bird Conservation Commission, may waive 
     requirements under this section for such individuals as the 
     Secretary, in consultation with the Migratory Bird 
     Conservation Commission, determines to be appropriate.
       ``(2) Limitation.--In making the determination described in 
     paragraph (1), the Secretary shall grant only those waivers 
     the Secretary determines will have a minimal adverse effect 
     on funds to be deposited in the Migratory Bird Conservation 
     Fund established under section 4(a)(3).''.

     SEC. 13504. PERMANENT ELECTRONIC DUCK STAMPS.

       (a) Definitions.--In this section:
       (1) Actual stamp.--The term ``actual stamp'' means a 
     Federal migratory-bird hunting and conservation stamp 
     required under the Act of March 16, 1934 (16 U.S.C. 718a et 
     seq.) (popularly known as the ``Duck Stamp Act''), that is 
     printed on paper and sold through the means established by 
     the authority of the Secretary immediately before the date of 
     enactment of this Act.
       (2) Automated licensing system.--
       (A) In general.--The term ``automated licensing system'' 
     means an electronic, computerized licensing system used by a 
     State fish and wildlife agency to issue hunting, fishing, and 
     other associated licenses and products.
       (B) Inclusion.--The term ``automated licensing system'' 
     includes a point-of-sale, Internet, telephonic system, or 
     other electronic applications used for a purpose described in 
     subparagraph (A).
       (3) Electronic stamp.--The term ``electronic stamp'' means 
     an electronic version of an actual stamp that--
       (A) is a unique identifier for the individual to whom it is 
     issued;
       (B) can be printed on paper or produced through an 
     electronic application with the same indicators as the State 
     endorsement provides;
       (C) is issued through a State automated licensing system 
     that is authorized, under State law and by the Secretary 
     under this section, to issue electronic stamps;
       (D) is compatible with the hunting licensing system of the 
     State that issues the electronic stamp; and
       (E) is described in the State application approved by the 
     Secretary under subsection (c).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authority to Issue Electronic Duck Stamps.--
       (1) In general.--The Secretary may authorize any State to 
     issue electronic stamps in accordance with this section.
       (2) Consultation.--The Secretary shall implement this 
     subsection in consultation with State management agencies.
       (c) State Application.--
       (1) Approval of application required.--The Secretary may 
     not authorize a State to issue electronic stamps under this 
     section unless the Secretary has received and approved an 
     application submitted by the State in accordance with this 
     subsection.
       (2) Number of new states.--The Secretary may determine the 
     number of new States per year to participate in the 
     electronic stamp program.
       (3) Contents of application.--The Secretary may not approve 
     a State application unless the application contains--
       (A) a description of the format of the electronic stamp 
     that the State will issue under this section, including 
     identifying features

[[Page S3864]]

     of the licensee that will be specified on the stamp;
       (B) a description of any fee the State will charge for 
     issuance of an electronic stamp;
       (C) a description of the process the State will use to 
     account for and transfer to the Secretary the amounts 
     collected by the State that are required to be transferred to 
     the Secretary under the program;
       (D) the manner by which the State will transmit electronic 
     stamp customer data to the Secretary;
       (E) the manner by which actual stamps will be delivered;
       (F) the policies and procedures under which the State will 
     issue duplicate electronic stamps; and
       (G) such other policies, procedures, and information as may 
     be reasonably required by the Secretary.
       (d) Publication of Deadlines, Eligibility Requirements, and 
     Selection Criteria.--Not later than 30 days before the date 
     on which the Secretary begins accepting applications under 
     this section, the Secretary shall publish--
       (1) deadlines for submission of applications;
       (2) eligibility requirements for submitting applications; 
     and
       (3) criteria for approving applications.
       (e) State Obligations and Authorities.--
       (1) Delivery of actual stamp.--The Secretary shall require 
     that each individual to whom a State sells an electronic 
     stamp under this section shall receive an actual stamp--
       (A) by not later than the date on which the electronic 
     stamp expires under subsection (f)(3); and
       (B) in a manner agreed on by the State and Secretary.
       (2) Collection and transfer of electronic stamp revenue and 
     customer information.--
       (A) Requirement to transmit.--The Secretary shall require 
     each State authorized to issue electronic stamps to collect 
     and submit to the Secretary in accordance with this 
     subsection--
       (i) the first name, last name, and complete mailing address 
     of each individual that purchases an electronic stamp from 
     the State;
       (ii) the face value amount of each electronic stamp sold by 
     the State; and
       (iii) the amount of the Federal portion of any fee required 
     by the agreement for each stamp sold.
       (B) Time of transmittal.--The Secretary shall require the 
     submission under subparagraph (A) to be made with respect to 
     sales of electronic stamps by a State according to the 
     written agreement between the Secretary and the State agency.
       (C) Additional fees not affected.--This subsection shall 
     not apply to the State portion of any fee collected by a 
     State under paragraph (3).
       (3) Electronic stamp issuance fee.--A State authorized to 
     issue electronic stamps may charge a reasonable fee to cover 
     costs incurred by the State and the Department of the 
     Interior in issuing electronic stamps under this section, 
     including costs of delivery of actual stamps.
       (4) Duplicate electronic stamps.--A State authorized to 
     issue electronic stamps may issue a duplicate electronic 
     stamp to replace an electronic stamp issued by the State that 
     is lost or damaged.
       (5) Limitation on authority to require purchase of state 
     license.--A State may not require that an individual purchase 
     a State hunting license as a condition of issuing an 
     electronic stamp under this section.
       (f) Electronic Stamp Requirements; Recognition of 
     Electronic Stamp.--
       (1) Stamp requirements.--The Secretary shall require an 
     electronic stamp issued by a State under this section--
       (A) to have the same format as any other license, 
     validation, or privilege the State issues under the automated 
     licensing system of the State; and
       (B) to specify identifying features of the licensee that 
     are adequate to enable Federal, State, and other law 
     enforcement officers to identify the holder.
       (2) Recognition of electronic stamp.--Any electronic stamp 
     issued by a State under this section shall, during the 
     effective period of the electronic stamp--
       (A) bestow on the licensee the same privileges as are 
     bestowed by an actual stamp;
       (B) be recognized nationally as a valid Federal migratory 
     bird hunting and conservation stamp; and
       (C) authorize the licensee to hunt migratory waterfowl in 
     any other State, in accordance with the laws of the other 
     State governing that hunting.
       (3) Duration.--An electronic stamp issued by a State shall 
     be valid for a period agreed to by the State and the 
     Secretary, which shall not exceed 45 days.
       (g) Termination of State Participation.--The authority of a 
     State to issue electronic stamps under this section may be 
     terminated--
       (1) by the Secretary, if the Secretary--
       (A) finds that the State has violated any of the terms of 
     the application of the State approved by the Secretary under 
     subsection (c); and
       (B) provides to the State written notice of the termination 
     by not later than the date that is 30 days before the date of 
     termination; or
       (2) by the State, by providing written notice to the 
     Secretary by not later than the date that is 30 days before 
     the termination date.

     PART III--JOINT VENTURES TO PROTECT MIGRATORY BIRD POPULATIONS

     SEC. 13601. PURPOSES.

       The purpose of this part is to authorize the Secretary of 
     the Interior, acting through the Director, to carry out a 
     partnership program called the ``Joint Ventures Program'', in 
     coordination with other Federal agencies with management 
     authority over fish and wildlife resources and the States, to 
     develop, implement, and support innovative, voluntary, 
     cooperative, and effective conservation strategies and 
     conservation actions--
       (1) to promote, primarily, sustainable populations of 
     migratory birds, and, secondarily, the fish and wildlife 
     species associated with their habitats;
       (2) to encourage stakeholder and government partnerships 
     consistent with the goals of protecting, improving, and 
     restoring habitat;
       (3) to establish, implement, and improve science-based 
     migratory bird conservation plans and promote and facilitate 
     broader landscape-level conservation of fish and wildlife 
     habitat; and
       (4) to support the goals and objectives of the North 
     American Waterfowl Management Plan and other relevant 
     national and regional, multipartner conservation initiatives, 
     treaties, conventions, agreements, or strategies entered into 
     by the United States, and implemented by the Secretary, that 
     promote the conservation of migratory birds and the habitats 
     of migratory birds.

     SEC. 13602. DEFINITIONS.

       In this part:
       (1) Conservation action.--The term ``conservation action'' 
     means activities that--
       (A) support the protection, restoration, adaptive 
     management, conservation, or enhancement of migratory bird 
     populations, their terrestrial, wetland, marine, or other 
     habitats, and other wildlife species supported by those 
     habitats, including--
       (i) biological and geospatial planning;
       (ii) landscape and conservation design;
       (iii) habitat protection, enhancement, and restoration;
       (iv) monitoring and tracking;
       (v) applied research; and
       (vi) public outreach and education; and
       (B) incorporate adaptive management and science-based 
     monitoring, where applicable, to improve outcomes and ensure 
     efficient and effective use of Federal funds.
       (2) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (3) Implementation plan.--The term ``Implementation Plan'' 
     means an Implementation Plan approved by the Director under 
     section 13602.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Joint venture.--The term ``Joint Venture'' means a 
     self-directed, voluntary partnership, established and 
     conducted for the purposes described in section 13601 and in 
     accordance with section 13603.
       (6) Management board.--The term ``Management Board'' means 
     a Joint Venture Management Board established in accordance 
     with section 13603.
       (7) Migratory birds.--The term ``migratory birds'' means 
     those species included in the list of migratory birds that 
     appears in section 10.13 of title 50, Code of Federal 
     Regulations, under the authority of the Migratory Bird Treaty 
     Act.
       (8) Program.--The term ``Program'' means the Joint Ventures 
     Program conducted in accordance with this part.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.
       (11) State.--The term ``State'' means--
       (A) any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands; and
       (B) one or more agencies of a State government responsible 
     under State law for managing fish or wildlife resources.

     SEC. 13603. JOINT VENTURES PROGRAM.

       (a) In General.--The Secretary, acting through the 
     Director, shall carry out a Joint Ventures Program that--
       (1) provides financial and technical assistance to support 
     regional migratory bird conservation partnerships;
       (2) develops and implements plans to protect and enhance 
     migratory bird populations throughout their range, that are 
     focused on regional landscapes and habitats that support 
     those populations; and
       (3) complements and supports activities by the Secretary 
     and the Director to fulfill obligations under--
       (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
       (B) the Migratory Bird Conservation Act (16 U.S.C. 715 et 
     seq.);
       (C) the Neotropical Migratory Bird Conservation Act (16 
     U.S.C. 6101 et seq.);
       (D) the North American Wetlands Conservation Act (16 U.S.C. 
     4401 et seq.);
       (E) the Fish and Wildlife Conservation Act of 1980 (16 
     U.S.C. 2901 et seq.); and
       (F) the Partners for Fish and Wildlife Act (16 U.S.C. 3771 
     et seq.).
       (b) Coordination With States.--In the administration of the 
     program authorized under this section, the Director shall 
     coordinate and cooperate with the States to fulfill the 
     purposes of this part.

[[Page S3865]]

     SEC. 13604. ADMINISTRATION.

       (a) Partnership Agreements.--
       (1) In general.--The Director may enter into an agreement 
     with eligible partners to achieve the purposes described in 
     section 13601.
       (2) Eligible partners.--The eligible partners referred to 
     in paragraph (1) are the following:
       (A) Federal and State agencies and Indian tribes.
       (B) Affected regional and local governments, private 
     landowners, land managers, and other private stakeholders.
       (C) Nongovernmental organizations with expertise in bird 
     conservation or fish and wildlife conservation or natural 
     resource and landscape management generally.
       (D) Other relevant stakeholders, as determined by the 
     Director.
       (b) Management Board.--
       (1) In general.--A partnership agreement for a Joint 
     Venture under this section shall establish a Management Board 
     in accordance with this subsection.
       (2) Membership.--The Management Board shall include a 
     diversity of members representing stakeholder interests from 
     the appropriate geographic region, including, as appropriate, 
     representatives from the Service and other Federal agencies 
     that have management authority over fish and wildlife 
     resources on public lands or in the marine environment, or 
     that implement programs that affect migratory bird habitats, 
     and representatives from the States, Indian tribes, and other 
     relevant stakeholders, and may include--
       (A) regional governments and Indian tribes;
       (B) academia or the scientific community;
       (C) nongovernmental landowners or land managers;
       (D) nonprofit conservation or other relevant organizations 
     with expertise in migratory bird conservation, or in fish and 
     wildlife conservation generally; and
       (E) private organizations with a dedicated interest in 
     conserving migratory birds and their habitats.
       (3) Functions and responsibilities.--Subject to applicable 
     Federal and State law, the Management Board shall--
       (A) appoint a coordinator for the Joint Venture in 
     consultation with the Director;
       (B) identify other full- or part-time administrative and 
     technical non-Federal employees necessary to perform the 
     functions of the Joint Venture and meet objectives specified 
     in the Implementation Plan; and
       (C) establish committees or other organizational entities 
     necessary to implement the Implementation Plan in accordance 
     with subsection (c).
       (4) Use of service and federal agency employees.--Subject 
     to the availability of appropriations and upon the request 
     from a Management Board, and after consultation with and 
     approval of the Director, the head of any Federal agency may 
     detail to the Management Board, on a reimbursable or 
     nonreimbursable basis, any agency personnel to assist the 
     Joint Venture in performing its functions under this part.
       (c) Implementation Plan.--
       (1) In general.--Each Joint Venture Management Board shall 
     develop and maintain an Implementation Plan that shall 
     contain, at a minimum, the following elements:
       (A) A strategic framework for migratory bird conservation.
       (B) Provisions for effective communication among member 
     participants within the Joint Venture.
       (C) A long-term strategy to conduct public outreach and 
     education regarding the purposes and activities of the Joint 
     Venture and activities to regularly communicate to the 
     general public information generated by the Joint Venture.
       (D) Coordination with laws and conservation plans that are 
     relevant to migratory birds, and other relevant regional, 
     national, or international initiatives identified by the 
     Director to conserve migratory birds, their habitats, 
     ecological functions, and associated populations of fish and 
     wildlife.
       (E) An organizational plan that--
       (i) identifies the representative membership of the 
     Management Board and includes procedures for updating the 
     membership of the Management Board as appropriate;
       (ii) describes the organizational structure of the Joint 
     Venture, including proposed committees and subcommittees, and 
     procedures for revising and updating the structure, as 
     necessary; and
       (iii) provides a strategy to increase stakeholder 
     participation or membership in the Joint Venture.
       (F) Procedures to coordinate the development, 
     implementation, oversight, monitoring, tracking, and 
     reporting of conservation actions approved by the Management 
     Board and an evaluation process to determine overall 
     effectiveness of activities undertaken by the Joint Venture.
       (2) Review.--A Joint Venture Implementation Plan shall be 
     submitted to the Director for approval.
       (3) Approval.--The Director shall approve an Implementation 
     Plan submitted by the Management Board for a Joint Venture if 
     the Director finds that--
       (A) implementation of the plan would promote the purposes 
     of this part described in section 13601;
       (B) the members of the Joint Venture have demonstrated the 
     capacity to implement conservation actions identified in the 
     Implementation Plan; and
       (C) the plan includes coordination with other relevant and 
     active conservation plans or programs within the geographic 
     scope of the Joint Venture.

     SEC. 13605. GRANTS AND OTHER ASSISTANCE.

       (a) In General.--Except as provided in subsection (b), and 
     subject to the availability of appropriations, the Director 
     may award financial assistance to implement a Joint Venture 
     through--
       (1) support of the activities of the Management Board of 
     the Joint Venture and to pay for necessary administrative 
     costs and services, personnel, and meetings, travel, and 
     other business activities; and
       (2) support for specific conservation actions and other 
     activities necessary to carry out the Implementation Plan.
       (b) Limitation.--A Joint Venture is not eligible for 
     assistance or support authorized in this section unless the 
     Joint Venture is operating under an Implementation Plan 
     approved by the Director under section 13604.
       (c) Technical Assistance.--The Secretary, through the 
     Director, may provide technical and administrative assistance 
     for implementation of Joint Ventures and the expenditure of 
     financial assistance under this subsection.
       (d) Acceptance and Use of Donations.--The Secretary, 
     through the Director, may accept and use donations of funds, 
     gifts, and in-kind contributions to provide assistance under 
     this section.

     SEC. 13606. REPORTING.

       (a) Annual Reports by Management Boards.--The Secretary, 
     acting through the Director, shall--
       (1) require each Management Board to submit annual reports 
     for all approved Joint Ventures of the Management Board; and
       (2) establish guidance for Joint Venture annual reports, 
     including contents and any necessary processes or procedures.
       (b) Joint Venture Program 5-Year Reviews.--
       (1) In general.--The Secretary, acting through the 
     Director, shall at 5 years after the date of enactment of 
     this Act and at 5-year intervals thereafter, complete an 
     objective and comprehensive review and evaluation of the 
     Program.
       (2) Review contents.--Each review under this subsection 
     shall include--
       (A) an evaluation of the effectiveness of the Program in 
     meeting the purpose of this part specified in section 13601;
       (B) an evaluation of all approved Implementation Plans, 
     especially the effectiveness of existing conservation 
     strategies, priorities, and methods to meet the objectives of 
     such plans and fulfill the purpose of this part; and
       (C) recommendations to revise the Program or to amend or 
     otherwise revise Implementation Plans to ensure that 
     activities undertaken pursuant to this part address the 
     effects of climate change on migratory bird populations and 
     their habitats, and fish and wildlife habitats, in general.
       (3) Consultation.--The Secretary, acting through the 
     Director, in the implementation of this subsection--
       (A) shall consult with other appropriate Federal agencies 
     with responsibility for the conservation or management of 
     fish and wildlife habitat and appropriate State agencies; and
       (B) may consult with appropriate, Indian tribes, Flyway 
     Councils, or regional conservation organizations, public and 
     private landowners, members of academia and the scientific 
     community, and other nonprofit conservation or private 
     stakeholders.
       (4) Public comment.--The Secretary, through the Director, 
     shall provide for adequate opportunities for general public 
     review and comment of the Program as part of the 5-year 
     evaluations conducted pursuant to this subsection.

     SEC. 13607. RELATIONSHIP TO OTHER AUTHORITIES.

       (a) Authorities, etc. of Secretary.--Nothing in this part 
     affects authorities, responsibilities, obligations, or powers 
     of the Secretary under any other Act.
       (b) State Authority.--Nothing in this part preempts any 
     provision or enforcement of a State statute or regulation 
     relating to the management of fish and wildlife resources 
     within such State.

     SEC. 13608. FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to any boards, committees, or other groups 
     established under this part.

                       PART IV--REAUTHORIZATIONS

     SEC. 13701. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c)(5) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)(5)) is amended by striking ``2012'' 
     and inserting ``2017''.

     SEC. 13702. PARTNERS FOR FISH AND WILDLIFE ACT.

       Section 5 of the Partners for Fish and Wildlife Act (16 
     U.S.C. 3774) is amended by striking ``2011'' and inserting 
     ``2017''.

     SEC. 13703. NATIONAL FISH AND WILDLIFE FOUNDATION 
                   REAUTHORIZATION.

       (a) Board of Directors of the Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) In general.--After consulting with the Secretary of 
     Commerce and considering the recommendations submitted by the 
     Board, the Secretary of the Interior shall appoint 28 
     Directors who, to the maximum extent practicable, shall--

[[Page S3866]]

       ``(A) be knowledgeable and experienced in matters relating 
     to conservation of fish, wildlife, or other natural 
     resources; and
       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of the Foundation.--Section 4 of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``; and'' and inserting a semicolon;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do any and all acts necessary and proper to carry 
     out the purposes of the Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2012 through 
     2017--
       ``(A) $20,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities may provide funds to the 
     Foundation, subject to the condition that the amounts are 
     used for purposes that further the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process of that department, agency, 
     or instrumentality for entering into contracts, agreements, 
     or partnerships with the Foundation if the purpose of the 
     waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or
       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under section 7(b) a description of any use 
     of the authority under subparagraph (A) by a Federal 
     department, agency, or instrumentality in that fiscal 
     year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 13704. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   SEMIPOSTAL STAMP.

       Section 2(c) of the Multinational Species Conservation 
     Funds Semipostal Stamp Act of 2010 (Public Law 111 241; 39 
     U.S.C. 416 note) is amended--
       (1) in paragraph (2), by striking ``2 years'' and inserting 
     ``6 years''; and
       (2) by adding at the end the following:
       ``(5) Stamp depictions.--Members of the public shall be 
     offered a choice of 5 stamps under this Act, depicting an 
     African elephant or an Asian elephant, a rhinoceros, a tiger, 
     a marine turtle, and a great ape, respectively.''.

     SEC. 13705. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   REAUTHORIZATIONS.

       (a) African Elephants.--Section 2306(a) of the African 
     Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (b) Asian Elephants.--Section 8(a) of the Asian Elephant 
     Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (c) Rhinoceros and Tigers.--Section 10(a) of the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is 
     amended by striking ``2007 through 2012'' and inserting 
     ``2012 through 2017''.
       (d) Great Apes.--Section 6 of the Great Ape Conservation 
     Act of 2000 (16 U.S.C. 6305) is amended by striking ``2006 
     through 2010'' and inserting ``2012 through 2017''.
       (e) Marine Turtles.--Section 7 of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6606) is amended by 
     striking ``2005 through 2009'' and inserting ``2012 through 
     2017''.

     SEC. 13706. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $6,500,000 for each of fiscal years 
     2012 through 2017.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a) for each fiscal year, not less than 75 percent 
     shall be expended for projects carried out at a location 
     outside of the United States.''.

[[Page S3867]]

     SEC. 13707. FEDERAL LAND TRANSACTION FACILITATION ACT.

       The Federal Land Transaction Facilitation Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``this Act'' and 
     inserting ``the Sportsmen's Act of 2012''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``21'';
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96 568'' and inserting ``96 586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105 263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109 432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108 424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111 
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111 11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111 11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111 11; 123 Stat. 1121).''.
                                 ______
                                 
  SA 2233. Mrs. FEINSTEIN 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 953, strike line 8 and insert the following:
     cy.
       ``(G) Reference prices.--Beginning with the 2014 
     reinsurance year, the Corporation shall, through the Standard 
     Reinsurance Agreement, calculate the reimbursement of 
     administrative and operating costs using reference prices for 
     covered commodities (as defined in section 1104 of the 
     Agriculture Reform, Food, and Jobs Act of 2012) based on the 
     average prices for the 1999 through 2008 crop years, as 
     determined by the Corporation, in a manner that is budget 
     neutral.''.
                                 ______
                                 
  SA 2234. Mr. TESTER 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 829, strike lines 16 through 18 and insert the 
     following:
       (1) in subsection (a), by adding at the end the following:
       ``(3) Definitions.--In this section:
       ``(A) Conventional breeding.--The term `conventional 
     breeding' means the development of new varieties of an 
     organism through controlled mating and selection without the 
     use of transgenic methods.
       ``(B) Public breed.--The term `public breed' means a breed 
     that is the commercially available uniform end product of a 
     publicly funded breeding program that--
       ``(i) has been sufficiently tested to demonstrate improved 
     characteristics and stable performance; and
       ``(ii) remains in the public domain for research purposes.
       ``(C) Public cultivar.--The term `public cultivar' means a 
     cultivar that is the commercially available uniform end 
     product of a publicly funded breeding program that--
       ``(i) has been sufficiently tested to demonstrate improved 
     characteristics and stable performance; and
       ``(ii) remains in the public domain for research 
     purposes.'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(iii), by striking ``conventional 
     breeding, including cultivar and breed development,'' and 
     inserting ``public cultivar development through conventional 
     breeding with no requirement or preference for the use of 
     marker-assisted or genomic selection methods, including''; 
     and
       (ii) in subparagraph (B)(iv), by striking ``conventional 
     breeding, including breed development,'' and inserting 
     ``public breed development through conventional breeding with 
     no requirement or preference for the use of marker-assisted 
     or genomic selection methods, including''; and
       (B) in paragraph (11)(A)--
       (i) in the matter preceding clause (i), by striking 
     ``2012'' and inserting ``2017'';
       (ii) in clause (i), by striking ``and'' at the end;
       (iii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(iii) not less than 5 percent shall be made available to 
     make grants for research on conventional plant and animal 
     breeding as described in paragraph (2).''; and
       On page 829, line 19, strike ``(2)'' and insert ``(3)''.
                                 ______
                                 
  SA 2235. Mr. WYDEN 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. IMPROVING NUTRITION PILOT PROJECTS.

       Section 17(b) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2026(b)) is amended by adding at the end the 
     following:
       ``(4) Improving nutrition pilot projects.--
       ``(A) In general.--As soon as practicable after the date of 
     enactment of this paragraph, after providing notice but 
     without regard to subchapter II of chapter 5, and chapter 7, 
     of title 5, United States Code (commonly known as the 
     `Administrative Procedure Act'), the Secretary shall carry 
     out on a trial basis in 5 or more States pilot projects to 
     test program changes designed--
       ``(i) to improve the nutrition of supplemental nutrition 
     assistance program beneficiaries; or
       ``(ii) to assist the beneficiaries in meeting Federal 
     nutrition guidelines.
       ``(B) Project approval requirements.--In selecting pilot 
     projects under this paragraph, the Secretary shall give 
     priority to projects--
       ``(i) that provide a reasonable expectation that--

       ``(I) under the project, the nutritional value of food 
     purchased with supplemental nutritional assistance program 
     benefits will increase; or
       ``(II) the project will assist supplemental nutritional 
     assistance program beneficiaries in meeting Federal nutrition 
     guidelines;

       ``(ii) that will be developed using a public process that 
     shall include--

       ``(I) representatives of agricultural producers, program 
     beneficiaries, anti-hunger advocates, and public health 
     groups; and
       ``(II) solicitation of substantial public input for a 
     period of not less than 90 days; and

       ``(iii) for which the responsible State or local authority 
     guarantees that the State or local authority will maintain 
     cost neutrality for the duration of the project.
       ``(C) Duration.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     pilot project under this paragraph shall be authorized for 
     not more than 5 years.
       ``(ii) Report.--As soon as practicable after the end of the 
     3-calendar-year period beginning on the date of 
     implementation of a pilot project under this paragraph, the 
     Secretary shall issue a comprehensive report that assesses 
     whether or not the pilot project has met or will meet the 
     stated goals of the project.
       ``(iii) Positive determination.--Only if the Secretary 
     makes a positive determination in the report described in 
     clause (ii) shall the pilot program continue for the 
     remainder of the 5-year authorization.
       ``(D) Waiver.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any requirement of this Act to the extent 
     necessary to carry out a project under this paragraph.
       ``(ii) Limitation.--A waiver granted under clause (i) shall 
     not reduce the eligibility for, or amount of, benefits 
     available to recipients under this Act.
       ``(iii) Requirement.--The Secretary shall approve or deny 
     any waiver request made by a State for a project under this 
     paragraph not later than 60 days after the date on which the 
     Secretary receives the request.''.
                                 ______
                                 
  SA 2236. Ms. MURKOWSKI (for herself and Mr. Begich) 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:

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

     SEC. 6203. LOANS UNDER SECTION 502 OF THE HOUSING ACT OF 1949 
                   FOR DWELLINGS WITH WATER CATCHMENT OR CISTERN 
                   SYSTEMS.

       Section 502(a) of the Housing Act of 1949 (42 U.S.C. 
     1472(a)) is amended by adding at the end the following:
       ``(4) The Secretary may not deny an application for a loan 
     under this section solely on the basis that the application 
     relates to a dwelling with a holding tank, water catchment or 
     cistern system.''.
                                 ______
                                 
  SA 2237. Mr. CASEY 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 387, strike lines 4 through 6 and insert the 
     following:
       ``(2) Exclusions.--In this subsection, the term ``direct 
     operating loan'' shall not include--
       ``(A) a loan made to a youth under subsection (d); or
       ``(B) a local market loan, as defined by the Secretary.

[[Page S3868]]

       On page 389, line 18, insert ``(including a local market 
     loan, as defined by the Secretary)'' after ``A direct loan''.
       On page 393, line 7, strike ``The Secretary'' and insert 
     ``Except as provided in paragraph (3), the Secretary''.
       On page 394, between lines 6 and 7, insert the following:
       ``(3) Local market loans.--The Secretary shall not make or 
     guarantee a local market loan (as defined by the Secretary) 
     under this title if the local market loan would result in the 
     total principal indebtedness outstanding at any 1 time for a 
     local market loan made under this title to any 1 borrower to 
     exceed $50,000.
       On page 395, line 22, insert ``(including a local market 
     loan)'' after ``a direct loan''.
       On page 488, between lines 13 and 14, insert the following:
       ``(3) Local Market Loans.--In the case of a local market 
     loan made or granted under this title, the Secretary shall 
     contract with community-based nongovernmental organizations 
     or other appropriate partners, as determined by the 
     Secretary--
       ``(A) to assist borrowers in successfully identifying and 
     meeting local market opportunities;
       ``(B) to provide technical assistance to borrowers; and
       ``(C) to provide business management and credit counseling 
     services to borrowers.
       On page 523, line 9, insert ``(including a local market 
     loan, as defined by the Secretary)'' before ``under section 
     3201''.
                                 ______
                                 
  SA 2238. Mr. CASEY 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 110, line 7, strike ``no less'' and insert 
     ``more''.
       On page 110, line 22, strike ``no less'' and insert 
     ``more''.
       On page 112, after line 21, add the following:
       (c) Study.--
       (1) In general.--The Secretary shall conduct a study of the 
     feasibility of establishing 2 classes of milk, a fluid class 
     and a manufacturing class, to replace the 4-class system in 
     effect on the date of enactment of this Act in administering 
     Federal milk marketing orders.
       (2) Federal milk market order review commission.--The 
     Secretary may elect to use the Federal Milk Market Order 
     Review Commission established under section 1509(a) of the 
     Food, Conservation, and Energy Act of 2008 (Public Law 110 
     246; 122 Stat. 1726), or documents of the Commission, to 
     conduct all or part of the study.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report that describes the results of the study 
     required under this subsection, including any 
     recommendations.
                                 ______
                                 
  SA 2239. Mr. HARKIN 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 832, line 6, strike ``$50,000,000'' and insert 
     ``$100,000,000''.
                                 ______
                                 
  SA 2240. Mr. THUNE (for himself, Mr. Graham, Mr. Rubio, and Mr. 
Boozman) 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. ____. PERMANENT ESTATE TAX REPEAL.

       (a) In General.--
       (1) Estate tax repeal.--Subchapter C of chapter 11 of 
     subtitle B of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 2210. TERMINATION.

       ``(a) In General.--Except as provided in subsection (b), 
     this chapter shall not apply to the estates of decedents 
     dying on or after the date of the enactment of the 
     Agriculture Reform, Food, and Jobs Act of 2012.
       ``(b) Certain Distributions From Qualified Domestic 
     Trusts.--In applying section 2056A with respect to the 
     surviving spouse of a decedent dying before the date of the 
     enactment of the Agriculture Reform, Food, and Jobs Act of 
     2012--
       ``(1) section 2056A(b)(1)(A) shall not apply to 
     distributions made after the 10-year period beginning on such 
     date, and
       ``(2) section 2056A(b)(1)(B) shall not apply on or after 
     such date.''.
       (2) Generation-skipping transfer tax repeal.--Subchapter G 
     of chapter 13 of subtitle B of such Code is amended by adding 
     at the end the following new section:

     ``SEC. 2664. TERMINATION.

       ``This chapter shall not apply to generation-skipping 
     transfers on or after the date of the enactment of the 
     Agriculture Reform, Food, and Jobs Act of 2012.''.
       (3) Conforming amendments.--
       (A) The table of sections for subchapter C of chapter 11 of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 2210. Termination.''.
       (B) The table of sections for subchapter G of chapter 13 of 
     such Code is amended by adding at the end the following new 
     item:
       ``Sec. 2664. Termination.''.
       (4) Restoration of pre-egtrra provisions not applicable.--
       (A) In general.--Section 301 of the Tax Relief, 
     Unemployment Insurance Reauthorization, and Job Creation Act 
     of 2010 shall not apply to estates of decedents dying, and 
     transfers made, on or after the date of the enactment of this 
     Act.
       (B) Exception for stepped-up basis.--Paragraph (1) shall 
     not apply to the provisions of law amended by subtitle E of 
     title V of the Economic Growth and Tax Relief Reconciliation 
     Act of 2001 (relating to carryover basis at death; other 
     changes taking effect with repeal).
       (5) Sunset not applicable.--
       (A) Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall not apply to title V of such 
     Act in the case of estates of decedents dying, and transfers 
     made, on or after the date of the enactment of this Act.
       (B) Section 304 of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 is hereby 
     repealed.
       (6) Effective date.--The amendments made by this subsection 
     shall apply to the estates of decedents dying, and 
     generation-skipping transfers, after the date of the 
     enactment of this Act.
       (b) Modifications of Gift Tax.--
       (1) Computation of gift tax.--Subsection (a) of section 
     2502 of the Internal Revenue Code of 1986 is amended to read 
     as follows:
       ``(a) Computation of Tax.--
       ``(1) In general.--The tax imposed by section 2501 for each 
     calendar year shall be an amount equal to the excess of--
       ``(A) a tentative tax, computed under paragraph (2), on the 
     aggregate sum of the taxable gifts for such calendar year and 
     for each of the preceding calendar periods, over
       ``(B) a tentative tax, computed under paragraph (2), on the 
     aggregate sum of the taxable gifts for each of the preceding 
     calendar periods.
       ``(2) Rate schedule.--


                                         ...............................
``If the amount with respect to which    The tentative tax is:
 the tentative tax to be computed is:.
Not over $10,000.......................  18% of such amount.
Over $10,000 but not over $20,000......  $1,800, plus 20% of the excess
                                          over $10,000.
Over $20,000 but not over $40,000......  $3,800, plus 22% of the excess
                                          over $20,000.
Over $40,000 but not over $60,000......  $8,200, plus 24% of the excess
                                          over $40,000.
Over $60,000 but not over $80,000......  $13,000, plus 26% of the excess
                                          over $60,000.
Over $80,000 but not over $100,000.....  $18,200, plus 28% of the excess
                                          over $80,000.
Over $100,000 but not over $150,000....  $23,800, plus 30% of the excess
                                          over $100,000.
Over $150,000 but not over $250,000....  $38,800, plus 32% of the excess
                                          of $150,000.
Over $250,000 but not over $500,000....  $70,800, plus 34% of the excess
                                          over $250,000.
Over $500,000..........................  $155,800, plus 35% of the
                                          excess of $500,000.''.
 


[[Page S3869]]

       (2) Treatment of certain transfers in trust.--Section 2511 
     of such Code is amended by adding at the end the following 
     new subsection:
       ``(c) Treatment of Certain Transfers in Trust.--
     Notwithstanding any other provision of this section and 
     except as provided in regulations, a transfer in trust shall 
     be treated as a taxable gift under section 2503, unless the 
     trust is treated as wholly owned by the donor or the donor's 
     spouse under subpart E of part I of subchapter J of chapter 
     1.''.
       (3) Lifetime gift exemption.--Paragraph (1) of section 
     2505(a) of such Code is amended to read as follows:
       ``(1) the amount of the tentative tax which would be 
     determined under the rate schedule set forth in section 
     2502(a)(2) if the amount with respect to which such tentative 
     tax is to be computed were $5,000,000, reduced by''.
       (4) Conforming amendments.--
       (A) Section 2505(a) of such Code is amended by striking the 
     last sentence.
       (B) The heading for section 2505 of such Code is amended by 
     striking ``unified''.
       (C) The item in the table of sections for subchapter A of 
     chapter 12 of such Code relating to section 2505 is amended 
     to read as follows:
       ``Sec. 2505. Credit against gift tax.''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to gifts made on or after the date of the 
     enactment of this Act.
       (6) Transition rule.--
       (A) In general.--For purposes of applying sections 1015(d), 
     2502, and 2505 of the Internal Revenue Code of 1986, the 
     calendar year in which this Act is enacted shall be treated 
     as 2 separate calendar years one of which ends on the day 
     before the date of the enactment of this Act and the other of 
     which begins on such date of enactment.
       (B) Application of section 2504(b).--For purposes of 
     applying section 2504(b) of the Internal Revenue Code of 
     1986, the calendar year in which this Act is enacted shall be 
     treated as one preceding calendar period.
                                 ______
                                 
  SA 2241. Mr. NELSON of Nebraska 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. ___. HAZARDOUS MATERIAL ENDORSEMENT EXEMPTION.

       (a) Exclusion.--Section 5117(d)(1) of title 49, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) a service vehicle carrying diesel fuel in quantities 
     of 3,785 liters (1,000 gallons) or less that is--
       ``(i) driven by a Class A commercial driver's license 
     holder who is a custom harvester, an agricultural retailer, 
     an agricultural business employee, an agricultural 
     cooperative employee, or an agricultural producer; and
       ``(ii) clearly marked with a placard reading `Diesel 
     Fuel'.''.
       (b) Exemption.--Section 31315(b) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(8) Hazardous materials endorsement exemption.--The 
     Secretary shall exempt all Class A commercial driver's 
     license holders who are custom harvesters, agricultural 
     retailers, agricultural business employees, agricultural 
     cooperative employees, or agricultural producers from the 
     requirement to obtain a hazardous material endorsement under 
     part 383 of title 49, Code of Federal Regulations, while 
     operating a service vehicle carrying diesel fuel in 
     quantities of 3,785 liters (1,000 gallons) or less if the 
     tank containing such fuel is clearly marked with a placard 
     reading `Diesel Fuel'.''.
                                 ______
                                 
  SA 2242. Mr. NELSON of Nebraska (for himself, Mr. Johanns, Mr. 
Johnson of South Dakota, and Mr. Moran) 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 XII, add the following:

     SEC. 12207. DEFINITION OF RURAL AREA FOR PURPOSES OF THE 
                   HOUSING ACT OF 1949.

       The second sentence of section 520 of the Housing Act of 
     1949 (42 U.S.C. 1490) is amended--
       (1) by striking ``1990 or 2000 decennial census shall 
     continue to be so classified until the receipt of data from 
     the decennial census in the year 2010'' and inserting ``1990, 
     2000, or 2010 decennial census, and any area deemed to be a 
     `rural area' for purposes of this title under any other 
     provision of law at any time during the period beginning 
     January 1, 2000, and ending December 31, 2010, shall continue 
     to be so classified until the receipt of data from the 
     decennial census in the year 2020''; and
       (2) by striking ``25,000'' and inserting ``35,000''.
                                 ______
                                 
  SA 2243. Mr. NELSON of Nebraska 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. PERFORMANCE BONUS PAYMENTS.

       Section 16(d) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2025(d)) is amended by adding at the end the 
     following:
       ``(5) Use of performance bonus payments.--A State agency 
     may use a performance bonus payment received under this 
     subsection only to carry out the program established under 
     this Act, including investments in--
       ``(A) technology;
       ``(B) improvements in administration and distribution; and
       ``(C) actions to prevent fraud, waste, and abuse.''.
                                 ______
                                 
  SA 2244. Mr. FRANKEN 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 3 and 4, insert the following:

     SEC. 4001. ENHANCING SERVICES TO ELDERLY AND INDIVIDUALS WITH 
                   DISABILITIES SUPPLEMENTAL NUTRITION ASSISTANCE 
                   PROGRAM RECIPIENTS.

       (a) In General.--Section 3(p) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2012(p)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (4) the following:
       ``(5) a public or private nonprofit food purchasing and 
     delivery service that--
       ``(A) purchases food for, and delivers the food to, 
     individuals who are--
       ``(i) unable to shop for food; and
       ``(ii)(I) not less than 60 years of age; or
       ``(II) individuals with disabilities;
       ``(B) clearly notifies the participating household at the 
     time the household places a food order--
       ``(i) of any delivery fee associated with the food purchase 
     and delivery provided to the household by the service; and
       ``(ii) that a delivery fee cannot be paid with benefits 
     provided under the supplemental nutrition assistance program; 
     and
       ``(C) sells food purchased for the household at the price 
     paid by the service for the food without any additional cost 
     markup.''.
       (b) Issuance of Regulations.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall issue 
     regulations that--
       (1) establish criteria to identify a food purchasing and 
     delivery service described in section 3(p)(5) of the Food and 
     Nutrition Act of 2008 (as added by subsection (a)(3)); and
       (2) establish procedures to ensure that the service--
       (A) does not charge more for a food item than the price 
     paid by the service for the food item;
       (B) offers food delivery service at no or low cost to 
     households under that Act;
       (C) ensures that benefits provided under the supplemental 
     nutrition assistance program are used only to purchase food, 
     as defined in section 3 of that Act (7 U.S.C. 2012);
       (D) limits the purchase of food, and the delivery of the 
     food, to households eligible to receive services described in 
     section 3(p)(5) of that Act (as added by subsection (a)(3));
       (E) has established adequate safeguards against fraudulent 
     activities, including unauthorized use of electronic benefit 
     cards issued under that Act; and
       (F) such other requirements as the Secretary considers 
     appropriate.
       (c) Limitation.--Before the issuance of regulations under 
     subsection (b), the Secretary may not approve more than 20 
     food purchasing and delivery services described in section 
     3(p)(5) of the Food and Nutrition Act of 2008 (as added by 
     subsection (a)(3)) to participate as retail food stores under 
     the supplemental nutrition assistance program.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on the date that is 30 days after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 2245. Mr. HARKIN (for himself and Mr. Casey) 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 387, strike lines 4 through 6, and insert the 
     following:
       ``(2) Exceptions.--In this subsection, the term `direct 
     operating loan' shall not include--
       ``(A) a loan made to a youth under subsection (d); or
       ``(B) a microloan made to a young beginning farmer or 
     rancher or a military veteran farmer, as defined by the 
     Secretary.''.
       On page 389, line 18, insert ``(including a microloan, as 
     defined by the Secretary)'' after ``A direct loan''.
       On page 393, line 7, strike ``The Secretary'' and insert 
     ``Except as provided in subsection (c), the Secretary''.

[[Page S3870]]

       On page 394, between lines 16 and 17, insert the following:
       ``(c) Microloans.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may establish a program to make or guarantee microloans.
       ``(2) Limitation.--The Secretary shall not make or 
     guarantee a microloan under this chapter that would cause the 
     total principal indebtedness outstanding at any 1 time for 
     microloans made under this chapter to any 1 borrower to 
     exceed $35,000.
       ``(3) Applications.--To the maximum extent practicable, the 
     Secretary shall limit the administrative burdens and 
     streamline the application and approval process for 
     microloans under this subsection.
       ``(4) Cooperative lending projects.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may contract with community-based and 
     nongovernmental organizations, State entities, or other 
     intermediaries, as the Secretary determines appropriate--
       ``(i) to make or guarantee a microloan under this 
     subsection; and
       ``(ii) to provide business, financial, marketing, and 
     credit management services to borrowers.
       ``(B) Requirements.--Before contracting with an entity 
     described in subparagraph (A), the Secretary--
       ``(i) shall review and approve--

       ``(I) the loan loss reserve fund for microloans established 
     by the entity; and
       ``(II) the underwriting standards for microloans of the 
     entity; and

       ``(ii) establish such other requirements for contracting 
     with the entity as the Secretary determines necessary.
       On page 395, line 22, insert ``a microloan to a beginning 
     farmer or rancher or military veteran farmer or'' before ``a 
     direct loan''.

                          ____________________