[Congressional Record Volume 158, Number 90 (Thursday, June 14, 2012)]
[Senate]
[Pages S4208-S4217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2423. Ms. MURKOWSKI (for herself and Mr. Manchin) 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 6 of the amendment, between lines 18 and 19, insert 
     the following:

     SEC. 13105. HERITAGE OF RECREATIONAL FISHING, HUNTING, AND 
                   RECREATIONAL SHOOTING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Federal public land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Federal public land'' means any land or water that 
     is--
       (i) owned by the United States; and
       (ii) managed by a Federal agency (including the Department 
     of the Interior and the Forest Service) for purposes that 
     include the conservation of natural resources.
       (B) Exclusions.--The term ``Federal public land'' does not 
     include--
       (i) land or water held or managed in trust for the benefit 
     of Indians or other Native Americans;
       (ii) land managed by the Director of the National Park 
     Service or the Director of the United States Fish and 
     Wildlife Service;
       (iii) fish hatcheries; or
       (iv) conservation easements on private land.
       (2) Hunting.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``hunting'' means use of a firearm, bow, or other 
     authorized means in the lawful--
       (i) pursuit, shooting, capture, collection, trapping, or 
     killing of wildlife; or
       (ii) attempt to pursue, shoot, capture, collect, trap, or 
     kill wildlife.
       (B) Exclusion.--The term ``hunting'' does not include the 
     use of skilled volunteers to cull excess animals (as defined 
     by other Federal law).
       (3) Recreational fishing.--The term ``recreational 
     fishing'' means--
       (A) an activity for sport or for pleasure that involves--
       (i) the lawful catching, taking, or harvesting of fish; or
       (ii) the lawful attempted catching, taking, or harvesting 
     of fish; or
       (B) any other activity for sport or pleasure that can 
     reasonably be expected to result in the lawful catching, 
     taking, or harvesting of fish.
       (4) Recreational shooting.--The term ``recreational 
     shooting'' means any form of sport, training, competition, or 
     pastime, whether formal or informal, that involves the 
     discharge of a rifle, handgun, or shotgun, or the use of a 
     bow and arrow.
       (b) Recreational Fishing, Hunting, and Recreational 
     Shooting.--
       (1) In general.--Subject to valid existing rights, and in 
     cooperation with the respective State and fish and wildlife 
     agency, a Federal public land management official shall 
     exercise the authority of the official under existing law 
     (including provisions regarding land use planning) to 
     facilitate use of and access to Federal public land for 
     recreational fishing, hunting, and recreational shooting 
     except as limited by--
       (A) any law that authorizes action or withholding action 
     for reasons of national security, public safety, or resource 
     conservation;
       (B) any other Federal law that precludes recreational 
     fishing, hunting, or recreational shooting on specific 
     Federal public land or water or units of Federal public land; 
     and
       (C) discretionary limitations on recreational fishing, 
     hunting, and recreational shooting determined to be necessary 
     and reasonable as supported by the best scientific evidence 
     and advanced through a transparent public process.
       (2) Management.--Consistent with paragraph (1), the head of 
     each Federal public land management agency shall exercise the 
     land management discretion of the head--
       (A) in a manner that supports and facilitates recreational 
     fishing, hunting, and recreational shooting opportunities;
       (B) to the extent authorized under applicable State law; 
     and
       (C) in accordance with applicable Federal law.
       (3) Planning.--
       (A) Effects of plans and activities.--
       (i) Evaluation of effects on opportunities to engage in 
     recreational fishing, hunting, or recreational shooting.--
     Federal public land planning documents (including land 
     resources management plans, resource management plans, travel 
     management plans, and energy development plans) shall include 
     a specific evaluation of the effects of the plans on 
     opportunities to engage in recreational fishing, hunting, or 
     recreational shooting.
       (ii) Other activity not considered.--

       (I) In general.--Federal public land management officials 
     shall not be required to consider the existence or 
     availability of recreational fishing, hunting, or 
     recreational shooting opportunities on private or public land 
     that is located adjacent to, or in the vicinity of, Federal 
     public land for purposes of--

       (aa) planning for or determining which units of Federal 
     public land are open for recreational fishing, hunting, or 
     recreational shooting; or
       (bb) setting the levels of use for recreational fishing, 
     hunting, or recreational shooting on Federal public land.

       (II) Enhanced opportunities.--Federal public land 
     management officials may consider the opportunities described 
     in subclause (I) if the combination of those opportunities 
     would enhance the recreational fishing, hunting, or shooting 
     opportunities available to the public.

       (B) Use of volunteers.--If hunting is prohibited by law, 
     all Federal public land planning document described in 
     subparagraph (A)(i) of an agency shall, after appropriate 
     coordination with State fish and wildlife agencies, allow the 
     participation of skilled volunteers in the culling and other 
     management of wildlife populations on Federal public land 
     unless the head of the agency demonstrates, based on the best 
     scientific data available or applicable Federal law, why 
     skilled volunteers should not be used to control 
     overpopulation of wildlife on the land that is the subject of 
     the planning document.
       (4) Bureau of land management and forest service land.--
       (A) Land open.--
       (i) In general.--Land under the jurisdiction of the Bureau 
     of Land Management or the Forest Service (including a 
     component of the National Wilderness Preservation System, 
     land designated as a wilderness study area or 
     administratively classified as wilderness eligible or 
     suitable, and primitive or semiprimitive areas, but excluding 
     land on the outer Continental Shelf) shall be open to 
     recreational fishing, hunting, and recreational shooting 
     unless the managing Federal public land agency acts to close 
     the land to such activity.
       (ii) Motorized access.--Nothing in this subparagraph 
     authorizes or requires motorized access or the use of 
     motorized vehicles for recreational fishing, hunting, or 
     recreational shooting purposes within land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable.
       (B) Closure or restriction.--Land described in subparagraph 
     (A) may be subject to closures or restrictions if determined 
     by the head of the agency to be necessary and reasonable and 
     supported by facts and evidence for purposes including 
     resource conservation, public safety, energy or mineral 
     production, energy generation or transmission infrastructure, 
     water supply facilities, protection of other permittees, 
     protection of private property rights or interests, national 
     security, or compliance with other law, as determined 
     appropriate by the Director of the Bureau of Land Management 
     or the Chief of the Forest Service, as applicable.
       (C) Shooting ranges.--
       (i) In general.--Except as provided in clause (iii), the 
     head of each Federal public land agency may use the 
     authorities of the head, in a manner consistent with this 
     section and other applicable law--

       (I) to lease or permit use of land under the jurisdiction 
     of the head for shooting ranges; and
       (II) to designate specific land under the jurisdiction of 
     the head for recreational shooting activities.

       (ii) Limitation on liability.--Any designation under clause 
     (i)(II) shall not subject the United States to any civil 
     action or claim for monetary damages for injury or loss of 
     property or personal injury or death caused by any 
     recreational shooting activity occurring at or on the 
     designated land.
       (iii) Exception.--The head of each Federal public land 
     agency shall not lease or permit use of Federal public land 
     for shooting ranges or designate land for recreational 
     shooting activities within including a component of the 
     National Wilderness Preservation System, land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable, and primitive or 
     semiprimitive areas.
       (5) Report.--Not later than October 1 of every other year, 
     beginning with the second October 1 after the date of 
     enactment of this Act, the head of each Federal public land 
     agency who has authority to manage Federal public land on 
     which recreational fishing, hunting, or recreational shooting 
     occurs shall submit to the Committee on Natural Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report that describes--
       (A) any Federal public land administered by the agency head 
     that was closed to recreational fishing, hunting, or 
     recreational shooting at any time during the preceding year; 
     and
       (B) the reason for the closure.
       (6) Closures or significant restrictions of 1,280 or more 
     acres.--
       (A) In general.--Other than closures established or 
     prescribed by land planning actions referred to in paragraph 
     (4)(B) or emergency closures described in subparagraph (C), a 
     permanent or temporary withdrawal, change of classification, 
     or change of management status of Federal public land or 
     water that effectively closes or significantly restricts 
     1,280 or more contiguous acres of Federal public land or 
     water to access or use for recreational fishing or hunting or 
     activities relating to fishing or hunting shall take effect 
     only if, before the date of withdrawal or change, the head of 
     the Federal public land agency that has jurisdiction over the 
     Federal public land or water--
       (i) publishes appropriate notice of the withdrawal or 
     change, respectively;

[[Page S4209]]

       (ii) demonstrates that coordination has occurred with a 
     State fish and wildlife agency; and
       (iii) submits to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate written notice of the 
     withdrawal or change, respectively.
       (B) Aggregate or cumulative effects.--If the aggregate or 
     cumulative effect of separate withdrawals or changes 
     effectively closes or significant restrictions affects 1,280 
     or more acres of land or water, the withdrawals and changes 
     shall be treated as a single withdrawal or change for 
     purposes of subparagraph (A).
       (C) Emergency closures.--
       (i) In general.--Nothing in this section prohibits a 
     Federal public land management agency from establishing or 
     implementing emergency closures or restrictions of the 
     smallest practicable area of Federal public land to provide 
     for public safety, resource conservation, national security, 
     or other purposes authorized by law.
       (ii) Termination.--An emergency closure under clause (i) 
     shall terminate after a reasonable period of time unless the 
     temporary closure is converted to a permanent closure 
     consistent with this subsection.
       (7) No priority.--Nothing in this section requires a 
     Federal agency to give preference to recreational fishing, 
     hunting, or recreational shooting over other uses of Federal 
     public land or over land or water management priorities 
     established by other Federal law.
       (8) Consultation with councils.--In carrying out this 
     section, the heads of Federal public land agencies shall 
     consult with the appropriate advisory councils established 
     under Executive Order 12962 (16 U.S.C. 1801 note; relating to 
     recreational fisheries) and Executive Order 13443 (16 U.S.C. 
     661 note; relating to facilitation of hunting heritage and 
     wildlife conservation).
       (9) Authority of states.--
       (A) In general.--Nothing in this section interferes with, 
     diminishes, or conflicts with the authority, jurisdiction, or 
     responsibility of any State to manage, control, or regulate 
     fish and wildlife under State law (including regulations) on 
     land or water within the State, including on Federal public 
     land.
       (B) Federal licenses.--
       (i) In general.--Except as provided in clause (ii), nothing 
     in this section authorizes the head of a Federal public land 
     agency head to require a license, fee, or permit to fish, 
     hunt, or trap on land or water in a State, including on 
     Federal public land in the State.
       (ii) Migratory bird stamps.--This subparagraph shall not 
     affect any migratory bird stamp requirement of the Migratory 
     Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et 
     seq.).
                                 ______
                                 
  SA 2424. 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:

       In section 3904 of the Consolidated Farm and Rural 
     Development Act (as amended by section 6001), strike 
     subsections (a) and (b).
                                 ______
                                 
  SA 2425. Mr. CONRAD (for himself, Mr. Baucus, Mr. Hoeven, and Mr. 
Chambliss) submitted an amendment intended to be proposed by him to the 
bill S. 3240, to reauthorize agricultural programs through 2017, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 1102 and insert the following:

     SEC. 1102. COUNTER-CYCLICAL PROGRAM.

       (a) In General.--Section 1104 of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8714) is amended--
       (1) in subsection (a), by striking ``2008 through 2012 crop 
     years for each covered commodity'' and inserting ``2013 
     through 2017 crop years for each covered commodity (other 
     than upland cotton)'';
       (2) in subsection (b), by striking ``during the 12-month 
     marketing year'' each place it appears in paragraphs 
     (1)(A)(i) and (2)(A)(i) and inserting ``for the first 5 
     months of the marketing year'';
       (3) in subsection (c), by adding at the end the following:
       ``(4) 2013 through 2017 crop years.--For purposes of each 
     of the 2013 through 2017 crop years, the target prices for 
     covered commodities shall be as follows:
       ``(A) Wheat, $4.46 per bushel.
       ``(B) Corn, $2.81 per bushel.
       ``(C) Grain sorghum, $2.81 per bushel.
       ``(D) Feed barley, $2.81 per bushel.
       ``(E) Malt-type barley, $3.57 per bushel.
       ``(F) Oats, $1.92 per bushel.
       ``(G) Long grain rice, $11.00 per hundredweight.
       ``(H) Medium grain rice, $11.00 per hundredweight.
       ``(I) Soybeans, $6.30 per bushel.
       ``(J) Other oilseeds, $13.18 per hundredweight.
       ``(K) Dry peas, $8.82 per hundredweight.
       ``(L) Lentils, $13.31 per hundredweight.
       ``(M) Small chickpeas, $10.86 per hundredweight.
       ``(N) Large chickpeas, $13.31 per hundredweight.'';
       (4) by redesignating subsection (f) as subsection (g); and
       (5) by inserting after subsection (e) the following:
       ``(f) Payment Amount.--
       ``(1) Definitions.--In this subsection:
       ``(A) Payment acres.--The term `payment acres' means--
       ``(i) 75 percent of the acres planted or prevented from 
     being planted to a covered commodity on a farm; but
       ``(ii) not to exceed 75 percent of the total base acres for 
     the covered commodity established for the 2012 crop year.
       ``(B) Payment yield.--The term `payment yield' means the 
     yield established for counter-cyclical payments for the 2012 
     crop year for a farm for a covered commodity.
       ``(2) Payment amount.--If counter-cyclical payments are 
     required to be paid under this section for any of the 2013 
     through 2017 crop years of a covered commodity, the amount of 
     the counter-cyclical payment to be paid to the producers on a 
     farm for that crop year shall be equal to the product of the 
     following:
       ``(A) The payment rate specified in subsection (d).
       ``(B) The payment acres of the covered commodity on the 
     farm.
       ``(C) The payment yield for the covered commodity for the 
     farm.''.
       (b) Peanuts.--Section 1304 of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 8754) is amended--
       (1) in subsection (a), by striking ``2008 through 2012'' 
     and inserting ``2013 through 2017'';
       (2) in subsection (b)(1)(A), by striking ``during the 12-
     month marketing year'' and inserting ``for the first 5 months 
     of the marketing year'';
       (3) in subsection (c), by striking ``$495 per ton'' and 
     inserting ``$25.25 per hundredweight'';
       (4) by redesignating subsection (f) as subsection (g); and
       (5) by inserting after subsection (e) the following:
       ``(f) Payment Amount.--
       ``(1) Definitions.--In this subsection:
       ``(A) Payment acres.--The term `payment acres' means--
       ``(i) 75 percent of the acres planted or prevented from 
     being planted to peanuts on a farm; but
       ``(ii) not to exceed 75 percent of the total base acres for 
     peanuts established for the 2012 crop year.
       ``(B) Payment yield.--The term `payment yield' means the 
     yield established for counter-cyclical payments for the 2012 
     crop year for a farm for peanuts.
       ``(2) Payment amount.--If counter-cyclical payments are 
     required to be paid under this section for any of the 2013 
     through 2017 crop years of peanuts., the amount of the 
     counter-cyclical payment to be paid to the producers on a 
     farm for that crop year shall be equal to the product of the 
     following:
       ``(A) The payment rate specified in subsection (d).
       ``(B) The payment acres on the farm.
       ``(C) The payment yield for the farm.''.
       (c) Producer Agreement Required as Condition of Provision 
     of Payments.--Section 1106 shall apply to counter-cyclical 
     payments under sections 1104 and 1304 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 8714, 8754) (as amended by 
     this section) in the same manner as that section applies to 
     agriculture risk coverage payments.
       (d) Payment Limitations.--Section 1101(b) of the Food 
     Security Act of 1985 (as amended by section 1603(a)) is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B) and indenting appropriately;
       (2) by striking ``The total'' and inserting the following:
       ``(1) In general.--The total''; and
       (3) by adding at the end the following:
       ``(2) Limitation on counter-cyclical payments.--
       ``(A) In general.--The total amount of counter-cyclical 
     payments received, directly or indirectly, by a person or 
     legal entity (except a joint venture or general partnership) 
     for any crop year under section 1104 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 8714) for 1 or more covered 
     commodities (except for peanuts) may not exceed $65,000.
       ``(B) Peanuts.--The total amount of counter-cyclical 
     payments received, directly or indirectly, by a person or 
     legal entity (except a joint venture or general partnership) 
     for any crop year under section 1304 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 8754) for peanuts may not 
     exceed $65,000.''.
       (e) Period of Effectiveness.--
       (1) In general.--Section 1109 of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8719) is amended--
       (A) by striking ``This subtitle'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     this subtitle''; and
       (B) by adding at the end the following:
       ``(2) Counter-cyclical program.--Section 1104 shall be 
     effective beginning with the 2013 crop year of each covered 
     commodity (other than upland cotton) through the 2017 crop 
     year.''.
       (2) Administration generally.--Notwithstanding any other 
     provision of law, for the period of crop years 2013 through 
     2017, the Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     sections 1104 and 1304 of the Food and Nutrition Act of 2008 
     (7 U.S.C. 8714, 8754) in accordance with the amendments made 
     by this section.
       (f) Offset.--Sections 11006 and 11012, and the amendments 
     made by those sections, shall have no force or effect.

[[Page S4210]]

                                 ______
                                 
  SA 2426. Mr. COONS (for himself and Mr. Chambliss) 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 970, between lines 5 and 6, insert the following:

     SEC. 11019. POULTRY BUSINESS DISRUPTION INSURANCE POLICY.

       Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 
     1522(c)) (as amended by sections 11016, 11017, and 11018) is 
     amended by adding at the end the following:
       ``(21) Poultry business disruption insurance policy and 
     catastrophic disease program.--
       ``(A) Definition of poultry.--In this paragraph, the term 
     `poultry' has the meaning given the term in section 2(a) of 
     the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)).
       ``(B) Authority.--The Corporation shall offer to enter into 
     1 or more contracts with qualified entities to carry out--
       ``(i) a study to determine the feasibility of insuring 
     commercial poultry production against business disruptions 
     caused by integrator bankruptcy; and
       ``(ii) a study to determine the feasibility of insuring 
     poultry producers for a catastrophic event.
       ``(C) Business disruption study.--The study described in 
     subparagraph (B)(i) shall--
       ``(i) evaluate the market place for business disruption 
     insurance that is available to poultry producers;
       ``(ii) assess the feasibility of a policy to allow 
     producers to ensure against a portion of losses from loss 
     under contract due to business disruption from integrator 
     bankruptcy; and
       ``(iii) analyze the costs to the Federal government of a 
     Federal business disruption insurance program for poultry 
     producers.
       ``(D) Reports.--Not later than 1 year after the date of 
     enactment of this paragraph, the Corporation 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 --
       ``(i) the study carried out under subparagraph (B)(i); and
       ``(ii) the study carried out under subparagraph (B)(ii).''.
                                 ______
                                 
  SA 2427. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 12207. ACER ACCESS AND DEVELOPMENT PROGRAM.

       (a) Grants Authorized; Authorized Activities.--The 
     Secretary of Agriculture may make grants to States and tribal 
     governments to support their efforts to promote the domestic 
     maple syrup industry through the following activities:
       (1) Promotion of research and education related to maple 
     syrup production.
       (2) Promotion of natural resource sustainability in the 
     maple syrup industry.
       (3) Market promotion for maple syrup and maple-sap 
     products.
       (4) Encouragement of owners and operators of privately held 
     land containing species of tree in the genus Acer--
       (A) to initiate or expand maple-sugaring activities on the 
     land; or
       (B) to voluntarily make the land available, including by 
     lease or other means, for access by the public for maple-
     sugaring activities.
       (b) Applications.--In submitting an application for a grant 
     under this section, a State or tribal government shall 
     include--
       (1) a description of the activities to be supported using 
     the grant funds;
       (2) a description of the benefits that the State or tribal 
     government intends to achieve as a result of engaging in such 
     activities; and
       (3) an estimate of the increase in maple-sugaring 
     activities or maple syrup production that the State or tribal 
     government anticipates will occur as a result of engaging in 
     such activities.
       (c) Relationship to Other Laws.--Nothing in this section 
     preempts a State or tribal government law, including any 
     State or tribal government liability law.
       (d) Definition of Maple Sugaring.--In this section, the 
     term ``maple-sugaring'' means the collection of sap from any 
     species of tree in the genus Acer for the purpose of boiling 
     to produce food.
       (e) Regulations.--The Secretary of Agriculture shall 
     promulgate such regulations as are necessary to carry out 
     this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2012 through 2015.
                                 ______
                                 
  SA 2428. Mr. BAUCUS (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 24, line 7, strike ``clause (iii)'' and insert 
     ``clauses (iii) and (iv)''.
       On page 25, between lines 15 and 16, insert the following:
       (iii) Minimum price.--

       (I) In general.--If the national marketing year average 
     price calculated under clause (i)(II) for a covered commodity 
     for any of the applicable crop years falls below the minimum 
     price for the covered commodity described in subclause (III), 
     for the first crop year in which the national marketing year 
     average price is below the minimum price, the Secretary shall 
     use a price that is equal to the greater of--

       (aa) the difference between--
       (AA) the minimum price for the covered commodity described 
     in subclause (III); and
       (BB) 5 percent of the minimum price for the covered 
     commodity; or
       (bb) the national marketing year average price calculated 
     under clause (i)(II).

       (II) Subsequent years.--For each applicable crop year after 
     the first crop year in which the national marketing year 
     average price is below the minimum price, the Secretary shall 
     use a price that is equal to the greater of--

       (aa) the national marketing year average price calculated 
     under clause (i)(II); or
       (bb) if the minimum price was adjusted for the prior crop 
     year under subclause (I)(aa), 95 percent of the adjusted 
     minimum price used for that prior crop year.

       (III) Minimum price.--The minimum price for each covered 
     commodity shall be as follows:

       (aa) For wheat, $4.50 per bushel.
       (bb) For corn, $2.84 per bushel.
       (cc) For grain sorghum, $2.84 per bushel.
       (dd) For malt barley, $3.60 per bushel.
       (ee) For feed barley, $2.84 per bushel.
       (ff) For oats, $1.93 per bushel.
       (gg) For soybeans, $6.48 per bushel.
       (hh) For other oilseeds, $13.69 per hundredweight.
       (ii) For dry peas, $8.99 per hundredweight.
       (jj) For lentils, $13.83 per hundredweight.
       (kk) For small chickpeas, $11.19 per hundredweight.
       (ll) For large chickpeas, $13.83 per hundredweight.
                                 ______
                                 
  SA 2429. Mr. BAUCUS (for himself and 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 128, between lines 16 and 17, insert the following:
       (iii) Annual payment based on drought conditions determined 
     by means other than the u.s. drought monitor.--

       (I) In general.--An eligible livestock producer that owns 
     grazing land or pastureland that is physically located in a 
     county that has experienced on average, over the preceding 
     calendar year, precipitation levels that are 50 percent or 
     more below normal levels, according to sufficient 
     documentation as determined by the Secretary, may be 
     eligible, subject to a determination by the Secretary, to 
     receive assistance under this paragraph in an amount equal to 
     not more than 1 monthly payment using the monthly payment 
     rate under subparagraph (B).
       (II) No duplicate payment.--A producer may not receive a 
     payment under both clause (ii) and this clause.

                                 ______
                                 
  SA 2430. Mr. BROWN of Ohio (for himself, Mr. Nelson of Nebraska, Mr. 
Harkin, Mr. Franken, Mr. Tester, Mr. Begich, and Mr. Johnson of South 
Dakota) 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 574, between lines 11 and 12, insert the following:
       ``(C) Mandatory funding.--Of the funds of the Commodity 
     Credit Corporation, the Secretary shall use to carry out this 
     subsection $10,000,000 for each of fiscal years 2013 through 
     2017, to remain available until expended.
       On page 606, between lines 4 and 5, insert the following:
       ``(E) Mandatory funding for fiscal years 2013 through 
     2017.--Of the funds of the Commodity Credit Corporation, the 
     Secretary shall use to carry out this paragraph $4,000,000 
     for each of fiscal years 2013 through 2017, to remain 
     available until expended.
       On page 782, strike line 14 and insert the following:

     through promulgation of an interim rule.
       ``(j) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section $10,000,000 for each of fiscal years 2013 through 
     2017, to remain available until expended.''.

     SEC. 6203. FUNDING OF PENDING RURAL DEVELOPMENT LOAN AND 
                   GRANT APPLICATIONS.

       (a) In General.--The Secretary shall use funds made 
     available under subsection (b) to provide funds for 
     applications that are pending on the date of enactment of 
     this Act in accordance with the terms and conditions of 
     section 6029 of the Food, Conservation, and Energy Act of 
     2008 (Public Law 110 246; 122 Stat. 1955).
       (b) Funding.--Notwithstanding any other provision of law, 
     of the funds of the Commodity Credit Corporation, the 
     Secretary shall use to carry out this section

[[Page S4211]]

     $100,000,000, to remain available until expended.
       On page 832, line 6, strike ``$50,000,000'' and insert 
     ``$100,000,000''.
       On page 957, line 18, strike ``80 percent'' and insert ``70 
     percent''.
       On page 989, line 9, strike ``$5,000,000'' and insert 
     ``$15,000,000''.
                                 ______
                                 
  SA 2431. Mr. PRYOR 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:

     SEC. 12__. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF 
                   AGRICULTURE.

       Section 14010 of the Food, Conservation, and Energy Act of 
     2008 (7 U.S.C. 2279 2) is amended--
       (1) by striking the section enumerator and heading and all 
     that follows through ``Each year'' and inserting the 
     following:

     ``SEC. 14010. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT 
                   OF AGRICULTURE.

       ``(a) Required Reports and Submissions.--Each year'';
       (2) in paragraph (1)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(E) the number of claims that have not been resolved 
     during the 270-day period beginning on the date of 
     acknowledgment of receipt of the claim by the agency;'';
       (3) in paragraph (2), by striking ``and'' at the end;
       (4) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (5) by adding at the end the following:
       ``(3) submit to each Senator and Member of Congress a list 
     that--
       ``(A) identifies the number of constituents in the State or 
     district of the Senator or Member that have outstanding civil 
     rights claims that have been pending for more than 270 days 
     since the date of acknowledgment of receipt of a formal 
     complaint by the Department of Agriculture; and
       ``(B) includes the number of claims that are outstanding 
     for each 60-day interval beyond the 270-day period.
       ``(c) Required Submissions to Claimant.--As soon as 
     practicable after the expiration of the 270-day period 
     beginning on the date of acknowledgment of receipt of a civil 
     rights claim by the Department of Agriculture, if the claim 
     remains outstanding, the Secretary shall submit to the 
     claimant of the outstanding civil rights claim the estimated 
     time of resolution for the claim.
       ``(d) Timeline for Response and Resolution.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall accept 
     or deny all formal civil rights complaints sent by registered 
     mail or delivered in person for processing during the 45-day 
     period beginning on the date of receipt of the complaint.
       ``(2) Failure to accept complaint.--
       ``(A) In general.--If the Secretary refuses to accept a 
     complaint as a formal civil rights complaint, the complainant 
     may appeal the intake decision during the 15-day period 
     beginning on the date of the disputed intake through the 
     office of the Assistant Secretary for Administration of the 
     Department of Agriculture.
       ``(B) Required response.--The Assistant Secretary for 
     Administration shall respond not later than 45 days after the 
     date on which an appeal is filed under subparagraph (A) on 
     acceptance or denial of the formal complaint process.
       ``(3) Resolution of claims.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall resolve all civil rights claims during 
     the 270-day period beginning on the date of acknowledgment of 
     delivery of the complaint by registered mail or in person.
       ``(B) Exceptions.--
       ``(i) Alternative dispute resolution.--Notwithstanding 
     subparagraph (A), in a case in which the claimant has pursued 
     the option of alternative dispute resolution with the 
     Secretary, the 270-day period shall not begin until--

       ``(I) the claimant terminates the alternative dispute 
     resolution process in writing to the Department of 
     Agriculture; and
       ``(II)(aa) the Department has acknowledged receipt of the 
     claim; or
       ``(bb) the Postal Service verifies that the complaint has 
     been delivered by registered mail.

       ``(ii) Pending criminal investigation.--Notwithstanding 
     subparagraph (A), in a case in which a criminal investigation 
     is pending with respect to the claims, the 270-day period 
     shall not begin until the pending criminal investigation has 
     been concluded.
       ``(C) Failure to resolve.--
       ``(i) In general.--If a civil rights claim is not resolved 
     during the 270-day period, the Secretary shall provide to the 
     claimant, in accordance with subsections (a)(3) and (b)--

       ``(I) an explanation of the reason for delay;
       ``(II) an explanation of the remaining process that is 
     required for the resolution of the claim;
       ``(III) a description of any items necessary for review; 
     and
       ``(IV) an estimated time for resolution of the claim.

       ``(ii) Protection of confidential information.--An 
     explanation of the reason for delay under clause (i) shall 
     not include confidential information relating to the claim 
     that would interfere with potential or ongoing court 
     proceedings.
       ``(4) Appeal of finding of discrimination.--
       ``(A) In general.--For any civil rights claim in which 
     discrimination is found under this section, the claimant may 
     file an appeal of the finding with the Assistant Secretary 
     for Administration.
       ``(B) Action by assistant secretary for administration.--
     Not later than 180 days after the date on which an appeal is 
     filed under subparagraph (A), the Assistant Secretary for 
     Administration shall respond to the appeal by issuing an 
     acceptance or denial of the finding.
       ``(e) Periodic Audits Conducted by Inspector General of the 
     Department of Agriculture.--Not later than 2 years after the 
     date of enactment of this subsection and not less frequently 
     than every 3 years thereafter, the Inspector General of the 
     Department of Agriculture shall conduct an audit of each 
     activity taken by the Secretary under this section for the 
     period covered by the audit to determine compliance with this 
     section.''.
                                 ______
                                 
  SA 2432. Mr. CHAMBLISS 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:

       In section 10003(7), strike subparagraph (A).
                                 ______
                                 
  SA 2433. Mr. TOOMEY (for himself, Mrs. Shaheen, 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:

       Strike subtitle C of title I and insert the following:

                           Subtitle C--Sugar

     SEC. 1301. SUGAR PROGRAM.

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

     SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.

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

[[Page S4212]]

       ``(1) the interests of consumers, workers in the food 
     industry, businesses (including small businesses), and 
     agricultural producers; and
       ``(2) the relative competitiveness of domestically produced 
     and imported foods containing sugar.''.
       (d) Administration of Tariff Rate Quotas.--Section 359k of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is 
     amended to read as follows:

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

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

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

       (a) In General.--Section 9010 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (b) Conforming Amendments.--
       (1) Section 359a(3)(B) of the Agricultural Adjustment Act 
     of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' at the end and 
     inserting a period; and
       (C) by striking clause (iii).
       (2) Section 359b(c)(2)(C) of the Agricultural Adjustment 
     Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking 
     ``, except for'' and all that follows through `` of 2002''.
                                 ______
                                 
  SA 2434. Mr. BLUNT 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:

       In section 3002(28) of the Consolidated Farm and Rural 
     Development Act (as amended by section 6001), add at the end 
     the following:
       ``(D) Exception.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, the Secretary may determine on a case-by-case 
     basis that a project funded under this title is in a rural 
     area if the project meets the criteria described in clause 
     (ii).
       ``(ii) Criteria.--To be considered for a waiver under 
     clause (i), a project shall, as determined by the Secretary--

       ``(I) receive a direct or guaranteed loan under section 
     3502;
       ``(II) be subject to match in an amount equal to 100 
     percent of the loan in the case of a Federal loan, or Federal 
     loan guarantee in case of a guaranteed loan, with funds from 
     non-Federal sources;
       ``(III) serve regional and national purposes; and
       ``(IV) primarily support agribusiness, specifically in 
     relation to agribusiness education.

                                 ______
                                 
  SA 2435. Mr. WARNER (for himself and Mrs. Shaheen) 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 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),'';

[[Page S4213]]

       (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, line 12 strike ``and''.
       On page 769, between lines 12 and 13, insert the following:
       ``(D) with respect to an application for assistance under 
     this section, shall--
       ``(i) promptly post on the website of the Rural Utility 
     Service--

       ``(I) an announcement that identifies--

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

       ``(II) a list of the census block groups or proposed 
     service territory, in a manner specified by the Secretary, 
     that the applicant proposes to service;

       ``(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; and

       On page 769, line 13, strike ``(D)'' and insert ``(E)''.
       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 review, and may 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 correction 
     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 2436. Mr. NELSON of Florida (for himself, Mr. Menendez, Mr. 
Cardin, and Mr. Schumer) submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title III, add the following:

     Subtitle D--Citrus Disease Research and Development Trust Fund

     SEC. 3301. SHORT TITLE.

       This subtitle may be cited as the ``Citrus Disease Research 
     and Development Trust Fund Act of 2012''.

     SEC. 3302. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) duties collected on imports of citrus and citrus 
     products have ranged from $50,000,000 to $87,000,000 annually 
     since 2004, and are projected to increase, as United States 
     production declines due to the effects

[[Page S4214]]

     of huanglongbing (also known as ``HLB'' or ``citrus greening 
     disease'') and imports increase in response to the shortfall 
     in the United States;
       (2) in cases involving other similarly situated 
     agricultural commodities, notably wool, the Federal 
     Government has chosen to divert a portion of the tariff 
     revenue collected on imported products to support efforts of 
     the domestic industry to address challenges facing the 
     industry;
       (3) citrus and citrus products are a highly nutritious and 
     healthy part of a balanced diet;
       (4) citrus production is an important part of the 
     agricultural economy in Florida, California, Arizona, and 
     Texas;
       (5) in the most recent years preceding the date of 
     enactment of this Act, citrus fruits have been produced on 
     900,000 acres, yielding 11,000,000 tons of citrus products 
     with a value at the farm of more than $3,200,000,000;
       (6) the commercial citrus sector employs approximately 
     110,000 people and contributes approximately $13,500,000,000 
     to the United States economy;
       (7) the United States citrus industry has suffered billions 
     of dollars in damage from disease and pests, both domestic 
     and invasive, over the decade preceding the date of enactment 
     of this Act, particularly from huanglongbing;
       (8) huanglongbing threatens the entire United States citrus 
     industry because the disease kills citrus trees;
       (9) as of the date of enactment of this Act, there are no 
     cost effective or environmentally sound treatments available 
     to suppress or eradicate huanglongbing;
       (10) United States citrus producers working with Federal 
     and State governments have devoted tens of millions of 
     dollars toward research and efforts to combat huanglongbing 
     and other diseases and pests, but more funding is needed to 
     develop and commercialize disease and pest solutions;
       (11) although imports constitute an increasing share of the 
     United States market, importers of citrus products into the 
     United States do not directly fund production research in the 
     United States;
       (12) disease and pest suppression technologies require 
     determinations of safety and solutions must be commercialized 
     before use by citrus producers;
       (13) the complex processes involved in discovery and 
     commercialization of safe and effective pest and disease 
     suppression technologies are expensive and lengthy and the 
     need for the technologies is urgent; and
       (14) research to develop solutions to suppress 
     huanglongbing, or other domestic and invasive pests and 
     diseases will benefit all citrus producers and consumers 
     around the world.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to authorize the establishment of a trust funded by 
     certain tariff revenues to support scientific research, 
     technical assistance, and development activities to combat 
     citrus diseases and pests, both domestic and invasive, 
     harming the United States; and
       (2) to require the President to notify the chairperson and 
     ranking member of the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives before entering into any trade agreement that 
     would decrease the amount of duties collected on imports of 
     citrus products to less than the amount necessary to provide 
     the grants authorized by section 1001(d) of the Trade Act of 
     1974, as added by section 3303(a) of this Act.
       (c) Effect on Other Activities.--Nothing in this subtitle 
     restricts the use of any funds for scientific research and 
     technical activities in the United States.

     SEC. 3303. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST 
                   FUND.

       (a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et 
     seq.) is amended by adding at the end the following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

     ``SEC. 1001. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST 
                   FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a trust fund to be known as the `Citrus 
     Disease Research and Development Trust Fund' (in this section 
     referred to as the `Trust Fund'), consisting of such amounts 
     as may be transferred to the Trust Fund under subsection 
     (b)(1) and any amounts that may be credited to the Trust Fund 
     under subsection (d)(2).
       ``(b) Transfer of Amounts.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     of the Treasury shall transfer to the Trust Fund, from the 
     general fund of the Treasury, amounts determined by the 
     Secretary to be equivalent to amounts received in the general 
     fund that are attributable to the duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States.
       ``(2) Limitation.--The amount transferred to the Trust Fund 
     under paragraph (1) in any fiscal year may not exceed the 
     lesser of--
       ``(A) an amount equal to \1/3\ of the amount attributable 
     to the duties received on articles described in paragraph 
     (1); or
       ``(B) $30,000,000.
       ``(c) Availability of Amounts in Trust Fund.--
       ``(1) Amounts available until expended.--Amounts in the 
     Trust Fund shall remain available until expended without 
     further appropriation.
       ``(2) Availability for citrus disease research and 
     development expenditures.--Amounts in the Trust Fund shall be 
     available to the Secretary of Agriculture--
       ``(A) for expenditures relating to citrus disease research 
     and development under section 3304 of the Citrus Disease 
     Research and Development Trust Fund Act of 2012, including 
     costs relating to contracts or other agreements entered into 
     to carry out citrus disease research and development; and
       ``(B) to cover administrative costs incurred by the 
     Secretary in carrying out the provisions of that Act.
       ``(d) Investment of Trust Fund.--
       ``(1) In general.--The Secretary of the Treasury shall 
     invest such portion of the Trust Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States. Such obligations 
     may be acquired on original issue at the issue price or by 
     purchase of outstanding obligations at the market price. Any 
     obligation acquired by the Trust Fund may be sold by the 
     Secretary of the Treasury at the market price.
       ``(2) Interest and proceeds from sale or redemption of 
     obligations.--The interest on, and the proceeds from the sale 
     or redemption of, any obligations held in the Trust Fund 
     shall be credited to and form a part of the Trust Fund.
       ``(e) Reports to Congress.--Not later than January 15, 
     2013, and each year thereafter until the year after the 
     termination of the Trust Fund, the Secretary of the Treasury, 
     in consultation with the Secretary of Agriculture, shall 
     submit to Congress a report on the financial condition and 
     the results of the operations of the Trust Fund that 
     includes--
       ``(1) a detailed description of the amounts disbursed from 
     the Trust Fund in the preceding fiscal year and the manner in 
     which those amounts were expended;
       ``(2) an assessment of the financial condition and the 
     operations of the Trust Fund for the current fiscal year; and
       ``(3) an assessment of the amounts available in the Trust 
     Fund for future expenditures.
       ``(f) Remission of Surplus Funds.--The Secretary of the 
     Treasury may remit to the general fund of the Treasury such 
     amounts as the Secretary of Agriculture reports to be in 
     excess of the amounts necessary to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.
       ``(g) Sunset Provision.--The Trust Fund shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of the enactment of the Citrus Disease Research and 
     Development Trust Fund Act of 2012 and all amounts in the 
     Trust Fund on December 31 of that fifth calendar year shall 
     be transferred to the general fund of the Treasury.

     ``SEC. 1002. REPORTS REQUIRED BEFORE ENTERING INTO CERTAIN 
                   TRADE AGREEMENTS.

       ``The President shall notify the chairperson and ranking 
     member of the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     not later than 90 days before entering into a trade agreement 
     if the President determines that entering into the trade 
     agreement could result--
       ``(1) in a decrease in the amount of duties collected on 
     articles that are citrus or citrus products classifiable 
     under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff 
     Schedule of the United States; and
       ``(2) in a decrease in the amount of funds being 
     transferred into the Citrus Disease Research and Development 
     Trust Fund under section 1001 so that amounts available in 
     the Trust Fund are insufficient to meet the purposes of the 
     Citrus Disease Research and Development Trust Fund Act of 
     2012.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by adding at the end the 
     following:

     ``TITLE X--CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND

``Sec. 1001. Citrus Disease Research and Development Trust Fund.
``Sec. 1002. Reports required before entering into certain trade 
              agreements.''.

     SEC. 3304. CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND 
                   ADVISORY BOARD.

       (a) Purpose.--The purpose of this section is to establish 
     an orderly procedure and financing mechanism for the 
     development of an effective and coordinated program of 
     research and product development relating to--
       (1) scientific research concerning diseases and pests, both 
     domestic and invasive, afflicting the citrus industry; and
       (2) support for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Citrus Disease 
     Research and Development Trust Fund established under section 
     1001 of the Trade Act of 1974, as added by section 3303(a) of 
     this Act, or through other research projects intended to 
     solve problems caused by citrus production diseases and 
     invasive pests.
       (b) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Citrus Disease 
     Research and Development Trust Fund Advisory Board 
     established under this section.
       (2) Citrus.--
       (A) In general.--The term ``citrus'' means edible fruit of 
     the family Rutaceae, commonly called ``citrus''.

[[Page S4215]]

       (B) Inclusion.--The term ``citrus'' includes all citrus 
     hybrids and products of citrus hybrids that are produced for 
     commercial purposes in the United States.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Person.--The term ``person'' means any individual, 
     group of individuals, firm, partnership, corporation, joint 
     stock company, association, cooperative, or other legal 
     entity.
       (5) Producer.--The term ``producer'' means any person that 
     is engaged in the domestic production and commercial sale of 
     citrus in the United States.
       (6) Program.--The term ``program'' means the citrus 
     research and development program authorized under this 
     section.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (8) Trust fund.--The term ``Trust Fund'' means the Citrus 
     Disease Research and Development Trust Fund established under 
     section 1001 of the Trade Act of 1974, as added by section 
     3303(a) of this Act.
       (c) Implementation.--
       (1) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.
       (2) Citrus advisory board.--
       (A) Establishment and membership.--
       (i) Establishment.--The Citrus Disease Research and 
     Development Trust Fund Advisory Board shall consist of 9 
     members.
       (ii) Membership.--The members of the Board shall be 
     appointed by the Secretary.
       (iii) Status.--Members of the Board represent the interests 
     of the citrus industry and shall not be considered officers 
     or employees of the Federal Government solely due to 
     membership on the Board.
       (B) Distribution of appointments.--The membership of the 
     Board shall consist of--
       (i) 5 members who are domestic producers of citrus in 
     Florida;
       (ii) 3 members who are domestic producers of citrus in 
     Arizona or California; and
       (iii) 1 member who is a domestic producer of citrus in 
     Texas.
       (C) Consultation.--Prior to making appointments to the 
     Board, the Secretary shall consult with organizations 
     composed primarily of citrus producers to receive advice and 
     recommendations regarding Board membership.
       (D) Board vacancies.--
       (i) In general.--The Secretary shall appoint a new Board 
     member to serve the remainder of a term vacated by a 
     departing Board member.
       (ii) Requirements.--When filling a vacancy on the Board, 
     the Secretary shall--

       (I) appoint a citrus producer from the same State as the 
     Board member being replaced; and
       (II) prior to making an appointment, consult with 
     organizations in that State composed primarily of citrus 
     producers to receive advice and recommendations regarding the 
     vacancy.

       (E) Terms.--
       (i) In general.--Except as provided in clause (ii), each 
     term of appointment to the Board shall be for 5 years.
       (ii) Initial appointments.--In making initial appointments 
     to the Board, the Secretary shall appoint \1/3\ of the 
     members to terms of 1, 3, and 5 years, respectively.
       (F) Disqualification from board service.--If a member or 
     alternate of the Board who was appointed as a domestic 
     producer ceases to be a producer in the State from which the 
     member was appointed, or fails to fulfill the duties of the 
     member according to the rules established by the Board under 
     paragraph (4)(A)(ii), the member or alternate shall be 
     disqualified from serving on the Board.
       (G) Compensation.--
       (i) In general.--The members of the Board shall serve 
     without compensation, other than travel expenses described in 
     clause (ii).
       (ii) 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.
       (3) Powers.--
       (A) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (B) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other agencies of the Federal Government.
       (C) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     the services of volunteers serving without compensation.
       (D) Technical and logistical support.--Subject to the 
     availability of funds, the Secretary shall provide to the 
     Board technical and logistical support through contract or 
     other means, including--
       (i) procuring the services of experts and consultants in 
     accordance with section 3109(b) of title 5, United States 
     Code, but at rates for individuals not to exceed the daily 
     equivalent of the highest rate payable under section 5332 of 
     that title; and
       (ii) entering into contracts with departments, agencies, 
     and instrumentalities of the Federal Government, State 
     agencies, and private entities for the preparation of 
     reports, surveys, and other activities.
       (E) Detail of federal government employees.--
       (i) In general.--An employee of the Federal Government may 
     be detailed to the Commission on a reimbursable or 
     nonreimbursable basis.
       (ii) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       (F) General services administration.--The Administrator of 
     General Services shall provide to the Board on a reimbursable 
     basis administrative support and other services for the 
     performance of the duties of the Board.
       (G) Other departments and agencies.--Departments and 
     agencies of the United States may provide to the Board such 
     services, funds, facilities, staff, and other support 
     services as may be appropriate.
       (4) General responsibilities of the board.--
       (A) In general.--The regulations promulgated by the 
     Secretary shall define the general responsibilities of the 
     Board, which shall include the responsibilities--
       (i) to meet, organize, and select from among the members of 
     the Board a chairperson, other officers, and committees and 
     subcommittees, as the Board determines to be appropriate;
       (ii) to adopt and amend rules and regulations governing the 
     conduct of the activities of the Board and the performance of 
     the duties of the Board;
       (iii) to hire such experts and consultants as the Board 
     considers necessary to enable the Board to perform the duties 
     of the Board;
       (iv) to advise the Secretary on citrus research and 
     development needs;
       (v) to propose a research and development agenda and annual 
     budgets for the Trust Fund;
       (vi) to evaluate and review ongoing research funded by 
     Trust Fund;
       (vii) to engage in regular consultation and collaboration 
     with the Department and other institutional, governmental, 
     and private actors conducting scientific research into the 
     causes or treatments of citrus diseases and pests, both 
     domestic and invasive, so as to--

       (I) maximize the effectiveness of the activities;
       (II) hasten the development of useful treatments; and
       (III) avoid duplicative and wasteful expenditures; and

       (viii) to provide the Secretary with such information and 
     advice as the Secretary may request.
       (5) Citrus research and development agenda and budgets.--
       (A) In general.--The Board shall submit annually to the 
     Secretary a proposed research and development agenda and 
     budget for the Trust Fund, which shall include--
       (i) an evaluation of ongoing research and development 
     efforts;
       (ii) specific recommendations for new citrus research 
     projects;
       (iii) a plan for the dissemination and commercialization of 
     relevant information, techniques, and technologies discovered 
     pursuant to research funded through the Trust Fund; and
       (iv) a justification for Trust Fund expenditures.
       (B) Affirmative support required.--A research and 
     development agenda and budget may not be submitted by the 
     Board to the Secretary without the affirmative support of at 
     least 7 members of the Board.
       (C) Secretarial approval.--
       (i) In general.--Not later than 60 days after receiving the 
     proposed research and development agenda and budget from the 
     Board and consulting with the Board, the Secretary shall 
     finalize a citrus research and development agenda and Trust 
     Fund budget.
       (ii) Considerations.--In finalizing the agenda and budget, 
     the Secretary shall--

       (I) due to the proximity of citrus producers to the effects 
     of diseases such as huanglongbing and the quickly evolving 
     nature of scientific understanding of the effect of the 
     diseases on citrus production, give strong deference to the 
     proposed research and development agenda and budget from the 
     Board; and
       (II) take into account other public and private citrus-
     related research and development projects and funding.

       (D) Report to congress.--Each year, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Ways and Means of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Finance of the Senate a report that includes--
       (i) the most recent citrus research and development agenda 
     and budget of the Secretary;
       (ii) an analysis of how, why, and to what extent the agenda 
     and budget finalized by the Secretary differs from the 
     proposal of the Board;
       (iii) an examination of new developments in the spread and 
     control of citrus diseases and pests;
       (iv) a discussion of projected research needs; and
       (v) a review of the effectiveness of the Trust Fund in 
     achieving the purpose described in subsection (a).
       (6) Contracts and agreements.--To ensure the efficient use 
     of funds, the Secretary may enter into contracts or 
     agreements with public or private entities for the 
     implementation of a plan or project for citrus research.
       (d) Administrative Costs.--Each fiscal year, the Secretary 
     may transfer up to $2,000,000 of amounts in the Trust Fund to

[[Page S4216]]

     the Board for expenses incurred by the Board in carrying out 
     the duties of the Board.
       (e) Termination of Board.--The Board shall terminate on 
     December 31 of the fifth calendar year that begins after the 
     date of enactment of this Act.

                Subtitle E--Cotton and Wool Trust Funds

     SEC. 3401. RENEWAL AND MODIFICATION OF DUTY SUSPENSIONS ON 
                   COTTON SHIRTING FABRICS AND RELATED PROVISIONS.

       (a) Renewal and Modification of Duty Suspensions.--
       (1) In general.--Headings 9902.52.08, 9902.52.09, 
     9902.52.10, 9902.52.11, 9902.52.12, 9902.52.13, 9902.52.14, 
     9902.52.15, 9902.52.16, 9902.52.17, 9902.52.18, and 
     9902.52.19 of the Harmonized Tariff Schedule of the United 
     States (relating to woven fabrics of cotton) are each 
     amended--
       (A) in the article description--
       (i) by striking ``other than fabrics provided for in 
     headings 9902.52.20 through 9902.52.31,''; and
       (ii) by striking ``, the foregoing imported'' and all that 
     follows; and
       (B) by striking the date in the effective period column and 
     inserting ``12/31/2015''.
       (2) Conforming amendments.--Subchapter II of chapter 99 of 
     the Harmonized Tariff Schedule is amended--
       (A) in the U.S. Notes, by striking the second Note 18 and 
     Note 19; and
       (B) by striking headings 9902.52.20 through 9902.52.31.
       (b) Extension of Duty Refunds and Pima Cotton Trust Fund; 
     Modification of Affidavit Requirements.--Section 407 of title 
     IV of division C of the Tax Relief and Health Care Act of 
     2006 (Public Law 109 432; 120 Stat. 3060) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``amounts determined by 
     the Secretary'' and all that follows through ``5208.59.80'' 
     and inserting ``amounts received in the general fund that are 
     attributable to duties received since January 1, 2004, on 
     articles classified under heading 5208''; and
       (B) in paragraph (2), by striking ``October 1, 2008'' and 
     inserting ``December 31, 2015'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``beginning in fiscal year 2007'' and inserting ``for fiscal 
     year 2012 and each fiscal year thereafter'';
       (B) by striking ``grown in the United States'' each place 
     it appears; and
       (C) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``that produce ring spun cotton yarns in 
     the United States'' after ``of pima cotton'';
       (3) in subsection (d)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1), by inserting ``during the year in 
     which the affidavit is filed and'' after ``imported cotton 
     fabric''; and
       (4) in subsection (f)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1)--
       (i) by striking ``grown in the United States'' and 
     inserting ``during the year in which the affidavit is filed 
     and''; and
       (ii) by inserting ``in the United States'' after ``cotton 
     yarns''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and apply with respect to affidavits filed on or after such 
     date of enactment.

     SEC. 3402. MODIFICATION OF WOOL APPAREL MANUFACTURERS TRUST 
                   FUND.

       (a) In General.--Section 4002(c)(2) of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 (Public Law 108 
     429; 118 Stat. 2600) is amended--
       (1) in subparagraph (A), by striking ``subject to the 
     limitation in subparagraph (B)'' and inserting ``subject to 
     subparagraphs (B) and (C)''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Alternative funding source.--Subparagraph (A) shall 
     be applied and administered by substituting `chapter 62' for 
     `chapter 51' for any period of time with respect to which the 
     Secretary notifies Congress that amounts determined by the 
     Secretary to be equivalent to amounts received in the general 
     fund of the Treasury of the United States that are 
     attributable to the duty received on articles classified 
     under chapter 51 of the Harmonized Tariff Schedule of the 
     United States are not sufficient to make payments under 
     paragraph (3) or grants under paragraph (6).''.
       (b) Full Restoration of Payment Levels in Calendar Years 
     2010 Through 2012.--
       (1) Transfer of amounts.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall transfer to the Wool Apparel Manufacturers Trust Fund, 
     out of the general fund of the Treasury of the United States, 
     amounts determined by the Secretary of the Treasury to be 
     equivalent to amounts received in the general fund that are 
     attributable to the duty received on articles classified 
     under chapter 51 or chapter 62 of the Harmonized Tariff 
     Schedule of the United States (as determined under section 
     4002(c)(2) of the Miscellaneous Trade and Technical 
     Corrections Act of 2004), subject to the limitation in 
     subparagraph (B).
       (B) Limitation.--The Secretary of the Treasury shall not 
     transfer more than the amount determined by the Secretary to 
     be necessary for--
       (i) U.S. Customs and Border Protection to make payments to 
     eligible manufacturers under section 4002(c)(3) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amount of such payments, when added to any other 
     payments made to eligible manufacturers under section 
     4002(c)(3) of such Act during calendar years 2010, 2011 and 
     2012, equal the total amount of payments authorized to be 
     provided to eligible manufacturers under section 4002(c)(3) 
     of such Act during calendar years 2010, 2011, and 2012; and
       (ii) the Secretary of Commerce to provide grants to 
     eligible manufacturers under section 4002(c)(6) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amounts of such grants, when added to any other 
     grants made to eligible manufacturers under section 
     4002(c)(6) of such Act during calendar years 2010, 2011, and 
     2012, equal the total amount of grants authorized to be 
     provided to eligible manufacturers under section 4002(c)(6) 
     of such Act during calendar years 2010, 2011, and 2012.
       (2) Payment of amounts.--U.S. Customs and Border Protection 
     shall make payments described in paragraph (1) to eligible 
     manufacturers not later than 30 days after such transfer of 
     amounts from the general fund of the Treasury of the United 
     States to the Wool Apparel Manufacturers Trust Fund. The 
     Secretary of Commerce shall promptly provide grants described 
     in paragraph (1) to eligible manufacturers after such 
     transfer of amounts from the general fund of the Treasury of 
     the United States to the Wool Apparel Manufacturers Trust 
     Fund.
       (c) Rule of Construction.--The amendments made by 
     subsection (a) shall not be construed to affect the 
     availability of amounts transferred to the Wool Apparel 
     Manufacturers Trust Fund before the date of the enactment of 
     this Act.
       (d) Conforming Amendments.--Title IV of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 (Public Law 108 
     429; 118 Stat. 2600) is amended by striking ``Bureau of 
     Customs and Border Protection'' each place it appears and 
     inserting ``U.S. Customs and Border Protection''.
       (e) Discretionary Authority.--
       (1) In general.--Section 4002(c)(3) of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 is amended by 
     inserting ``(or at the request of the manufacturer and in the 
     sole discretion of the U.S. Customs and Border Protection, no 
     later than April 15 of the year of the payment)'' after 
     ``March 1 of the year of the payment''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply with respect to a request made by a manufacturer 
     after such date of enactment for an extension of time to file 
     an affidavit pursuant to section 4002(c)(3) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004, as 
     amended by paragraph (1), with respect to a payment payable 
     under that section during calendar year 2011 or any calendar 
     year thereafter.

     SEC. 3403. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       Notwithstanding section 6655 of the Internal Revenue Code 
     of 1986--
       (1) in the case of a corporation with assets of not less 
     than $1,000,000,000 (determined as of the end of the 
     preceding taxable year), the amount of any required 
     installment of corporate estimated tax which is otherwise due 
     in July, August, or September of 2017 shall be 100.25 percent 
     of such amount; and
       (2) the amount of the next required installment after an 
     installment referred to in paragraph (1) shall be 
     appropriately reduced to reflect the amount of the increase 
     by reason of such paragraph.

     SEC. 3404. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
       (1) in subparagraph (A), by striking ``August 2, 2021'' and 
     inserting ``October 22, 2021'';
       (2) in subparagraph (B)(i), by striking ``December 8, 
     2020'' and inserting ``October 29, 2021''; and
       (3) by striking subparagraphs (C) and (D).
                                 ______
                                 
  SA 2437. 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. ____. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE 
                   ADJUSTED GROSS INCOME.

       Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) (as amended by section 11023(b)) is amended by 
     adding at the end the following:
       ``(9) Limitation on premium subsidy based on average 
     adjusted gross income.--
       ``(A) Definition of average adjusted gross income.--In this 
     paragraph, the term `average adjusted gross income' has the 
     meaning given the term in section 1001D(a) of the Food 
     Security Act of 1985 (7 U.S.C. 1308 3a(a)).
       ``(B) Limitation.--Notwithstanding any other provision of 
     this subtitle and beginning with the 2014 reinsurance year, 
     in the case of any producer that is a person or legal entity 
     that has an average adjusted gross income in excess of 
     $750,000 based on the most recent data available from the 
     Farm Service

[[Page S4217]]

     Agency as of the beginning of the reinsurance year, the total 
     amount of premium subsidy provided with respect to additional 
     coverage under subsection (c), section 508B, or section 508C 
     issued on behalf of the producer for a reinsurance year shall 
     be 15 percentage points less than the premium subsidy 
     provided in accordance with this subsection that would 
     otherwise be available for the applicable policy, plan of 
     insurance, and coverage level selected by the producer.
       ``(C) Application.--
       ``(i) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the approved insurance providers, shall carry out a study to 
     determine the effects of the limitation described in 
     subparagraph (B) on--

       ``(I) the overall operations of the Federal crop insurance 
     program;
       ``(II) the number of producers participating in the Federal 
     crop insurance program;
       ``(III) the amount of premiums paid by participating 
     producers;
       ``(IV) any potential liability for approved insurance 
     providers;
       ``(V) any crops or growing regions that may be 
     disproportionately impacted;
       ``(VI) program rating structures;
       ``(VII) creation of schemes or devices to evade the impact 
     of the limitation; and
       ``(VIII) underwriting gains and losses.

       ``(ii) Effectiveness.--The limitation described in 
     subparagraph (B) shall not take effect unless the Secretary 
     determines, through the study described in clause (i), that 
     the limitation would not--

       ``(I) increase the premium amount paid by producers with an 
     average adjusted gross income of less than $750,000;
       ``(II) result in a decline in the availability of crop 
     insurance services to producers; and
       ``(III) increase the costs to the Federal government to 
     administer the Federal crop insurance program established 
     under this subtitle.''.

                                 ______
                                 
  SA 2438. Mr. CHAMBLISS 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 G of title II, add 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.''.
       (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.).''.

                          ____________________