[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Pages 31913-31920]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3784. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3756 submitted by Mr. Roberts and intended to be proposed 
to the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 1 of the amendment, strike line 6 and all 
     that follows through page 3, line 25, and insert the 
     following:
       ``(o) Crop Insurance Ineligibility Relating to Crop 
     Production on Grassland.--
       ``(1) Definition of grassland.--
       ``(A) In general.--In this subsection, the term `grassland' 
     means rangeland and native grassland that is not listed as 
     cropland on a map maintained by the Secretary at 1 or more 
     local service centers.
       ``(B) Exception.--The term `grassland' does not include 
     land described in subparagraph (A) if the producer verifies 
     to the satisfaction of the Secretary that the land was in 
     crop production prior to July 1, 2007.
       ``(2) Ineligibility.--Grassland on which an agricultural 
     commodity is planted for which a policy or plan of insurance 
     is available under this title shall be permanently ineligible 
     for benefits under this title.''.
       (b) Noninsured Crop Disaster Assistance.--Section 196(a) of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333(a)) is amended by adding at the end the 
     following:
       ``(4) Program ineligibility relating to crop production on 
     grassland.--
       ``(A) Definition of grassland.--
       ``(i) In general.--In this paragraph, the term `grassland' 
     means rangeland and native grassland that is not listed as 
     cropland on a map maintained by the Secretary at 1 or more 
     local service centers.
       ``(ii) Exception.--The term `grassland' does not include 
     land described in clause (i) if the producer verifies to the 
     satisfaction of the Secretary that the land was in crop 
     production prior to July 1, 2007.
       ``(B) Ineligibility.--Native sod acreage on which an 
     agricultural commodity is planted for which a policy or plan 
     of Federal crop insurance is available shall be permanently 
     ineligible for benefits under this section.''.
       (c) Increased Funding for Grassland Reserve Program.--In 
     addition to amounts made available under this Act and 
     amendments made by this Act, the Secretary shall use such 
     additional amounts as are made available as a result of the 
     amendments made by this section to carry out the grassland 
     reserve program established under subchapter C of chapter 2 
     of subtitle D of title XII of the Food Security Act of 1985 
     (16 U.S.C. 3838n et seq.).
                                 ______
                                 
  SA 3785. Mr. REED (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 3639 submitted by Mr. 
Harkin (for himself and Ms. Murkowski) and intended to be proposed to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 20 of the amendment, after line 9, insert the 
     following:
       (c) Effect of Section.--Nothing in this section or an 
     amendment made by this section limits the authority of any 
     State to enforce a requirement that is more stringent than 
     the requirements of this section and the amendment made by 
     this section, if the State requirement is in existence on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 3786. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 3695 submitted by Mr. Dorgan (for himself and Mr. 
Grassley) and intended to be proposed to the bill H.R. 2419, to provide 
for the continuation of agricultural programs through fiscal year 2012, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 4 of the amendment, strike lines 8 through 18, and 
     insert the following:
     shall not exceed $20,000 (as adjusted under subsection 
     (c)(2)) in the case of corn).'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Limitation on Counter-Cyclical Payments.--
       ``(1) In general.--The total amount of counter-cyclical 
     payments that an individual or entity may receive, directly 
     or indirectly, during any crop year under part I or III of 
     subtitle A or C of the Food and Energy Security Act of 2007 
     for 1 or more covered commodities and peanuts, or average 
     crop revenue payments determined under section 1401(b)(3) of 
     that Act, shall not exceed $30,000 (as adjusted under 
     paragraph (2) in the case of corn).
       ``(2) Special rule for corn.--
       ``(A) In general.--For each crop year, the Secretary shall 
     calculate a per bushel ethanol benefit for corn resulting 
     from Federal incentives for ethanol.
       ``(B) Reduction in payments.--
       ``(i) Reduction of direct payment.--The maximum amount of 
     direct payments that an individual legal entity is entitled 
     to receive for a crop year for corn under subsection (b), or 
     average crop revenue payments determined under section 
     1401(b)(2) of the Food and Energy Security Act of 2007, shall 
     be reduced by an amount equal to the product obtained by 
     multiplying--

       ``(I) the amount of the ethanol benefit calculated under 
     subparagraph (A); by
       ``(II) the actual quantity of corn produced by the 
     individual or entity during the preceding crop year.

       ``(ii) Reduction of counter-cyclical payments.--If the 
     amount calculated under subclauses (I) and (II) of clause (i) 
     for an individual or entity exceeds the amount of direct 
     payments the individual or entity would otherwise be entitled 
     to receive under subsection (b) for corn, the maximum amount 
     of counter-cyclical payments for corn that the individual or 
     entity is entitled to receive under paragraph (1), or average 
     crop revenue payments determined under section 1401(b)(3) of 
     the Food and Energy Security Act of 2007, shall be reduced by 
     the excess amount.'';
                                 ______
                                 
  SA 3787. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 3667 submitted by Mr. Harkin (for himself, Mr. Enzi, 
Mr. Johnson, Mr. Barrasso, Mr. Dorgan, Mr. Grassley, Mr. Feingold, and 
Mr. Tester) and intended to be proposed to the amendment SA 3500 
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. 
Grassley) to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 10207. COMPETITIVE INJURY STUDY.

       Subtitle A of title II of the Packers and Stockyards Act, 
     1921 (7 U.S.C. 191 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 208. COMPETITIVE INJURY STUDY.

       ``Not later than January 1, 2009, the Secretary, in 
     consultation with the Attorney General of the United States, 
     shall conduct, and submit to Congress a report describing the 
     results of, a review of--
       ``(1) the means by which the competitive injury standard 
     has affected parties to civil actions filed pursuant to this 
     Act;
       ``(2) whether the standard of review applicable to 
     anticompetitive cases regarding the agricultural industry is 
     consistent with the standard of review applicable to 
     anticompetitive cases regarding other industries;
       ``(3) the potential impact on agricultural markets of 
     eliminating the competitive injury requirement from laws 
     (including regulations) applicable to agricultural markets; 
     and
       ``(4) the impact on agricultural and nonagricultural 
     industries, trade, and prices paid by consumers of 
     eliminating the competitive injury standard.''.
                                 ______
                                 
  SA 3788. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 3764 submitted by Ms. Klobuchar (for herself, Mr. 
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA 
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 1 of the amendment, strike line 9 and all 
     that follows through page 4, line 5, and insert the 
     following:
       ``(1) Commodity and conservation programs.--Notwithstanding 
     any other provision of law, an individual or entity shall not 
     be eligible to receive any benefit described in paragraph (2) 
     during a crop year if the average adjusted gross income of 
     the individual

[[Page 31914]]

     or entity, or the average adjusted gross income of the 
     individual and spouse of the individual, exceeds--
       ``(A) $250,000, if less than 66.66 percent of the average 
     adjusted gross income of the individual or entity, or the 
     average adjusted gross income of the individual and spouse of 
     the individual, is derived from farming, ranching, or 
     forestry operations, as determined by the Secretary; or
       ``(B) $750,000.
       ``(2) Covered benefits.--Paragraph (1) applies with respect 
     to the following:
       ``(A) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.
       ``(B) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(C) An average crop revenue payment under subtitle B of 
     title I of the Food and Energy Security Act of 2007.
       ``(D) Title XII of this Act.
       ``(E) Title II of the Farm Security and Rural Investment 
     Act of 2002 (Public Law 107-171; 116 Stat. 223).
       ``(F) Title II of the Food and Energy Security Act of 2007.
                                 ______
                                 
  SA 3789. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 3765 submitted by Ms. Klobuchar (for herself, Mr. 
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA 
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 2 of the amendment, strike line 1 and all 
     that follows through page 4, line 5, and insert the 
     following:
       
       ``(1) Commodity and conservation programs.--Notwithstanding 
     any other provision of law, an individual or entity shall not 
     be eligible to receive any benefit described in paragraph (2) 
     during a crop year if the average adjusted gross income of 
     the individual or entity, or the average adjusted gross 
     income of the individual and spouse of the individual, 
     exceeds--
       ``(A) $250,000, if less than 66.66 percent of the average 
     adjusted gross income of the individual or entity, or the 
     average adjusted gross income of the individual and spouse of 
     the individual, is derived from farming, ranching, or 
     forestry operations, as determined by the Secretary; or
       ``(B) $750,000.
       ``(2) Covered benefits.--Paragraph (1) applies with respect 
     to the following:
       ``(A) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.
       ``(B) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(C) An average crop revenue payment under subtitle B of 
     title I of the Food and Energy Security Act of 2007.
       ``(D) Title XII of this Act.
       ``(E) Title II of the Farm Security and Rural Investment 
     Act of 2002 (Public Law 107-171; 116 Stat. 223).
       ``(F) Title II of the Food and Energy Security Act of 2007.
                                 ______
                                 
  SA 3790. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agriculture programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 563, between lines 15 and 16, insert the following:

     SEC. 3205. QUALITY REQUIREMENTS FOR CLEMENTINES.

       Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 
     608e-1(a)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended in the matter 
     preceding the first proviso in the first sentence by 
     inserting ``clementines,'' after ``nectarines,''.
                                 ______
                                 
  SA 3791. Mrs. FEINSTEIN (for herself, Mr. Martinez, Mr. Casey, Ms. 
Stabenow, Mrs. Boxer, Mr. Nelson of Florida, Mr. Bingaman, Mr. Cardin, 
and Mr. Inouye) submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title XI, insert the 
     following:

     SEC. 1103_. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL 
                   INSPECTION FUNCTIONS TO DEPARTMENT OF 
                   AGRICULTURE.

       (a) Repeal of Transfer of Functions.--Sections 310 and 421 
     of the Homeland Security Act of 2002 (6 U.S.C. 190, 231) are 
     repealed.
       (b) Conforming Amendment to Function of Secretary of 
     Homeland Security.--Section 402 of the Homeland Security Act 
     of 2002 (6 U.S.C. 202) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (c) Transfer Agreement.--
       (1) In general.--Not later than the effective date 
     described in subsection (g), the Secretary and the Secretary 
     of Homeland Security shall enter into an agreement to 
     effectuate the return of functions required by the amendments 
     made by this section.
       (2) Use of certain employees.--The agreement may include 
     authority for the Secretary to use employees of the 
     Department of Homeland Security to carry out authorities 
     delegated to the Animal and Plant Health Inspection Service 
     regarding the protection of domestic livestock and plants.
       (d) Restoration of Department of Agriculture Employees.--
     Not later than the effective date described in subsection 
     (g), all full-time equivalent positions of the Department of 
     Agriculture transferred to the Department of Homeland 
     Security under section 310 or 421(g) of the Homeland Security 
     Act of 2002 (6 U.S.C. 190, 231(g)) (as in effect on the day 
     before the effective date described in subsection (g)) shall 
     be restored to the Department of Agriculture.
       (e) Authority of APHIS.--
       (1) Establishment of program.--The Secretary shall 
     establish within the Animal and Plant Health Inspection 
     Service a program, to be known as the ``International 
     Agricultural Inspection Program'', under which the 
     Administrator of the Animal and Plant Health Inspection 
     Service (referred to in this subsection as the 
     ``Administrator'') shall carry out import and entry 
     agricultural inspections.
       (2) Information gathering and inspections.--In carrying out 
     the program under paragraph (1), the Administrator shall have 
     full access to--
       (A) each secure area of any terminal for screening 
     passengers or cargo under the control of the Department of 
     Homeland Security on the day before the date of enactment of 
     this Act for purposes of carrying out inspections and 
     gathering information; and
       (B) each database (including any database relating to cargo 
     manifests or employee and business records) under the control 
     of the Department of Homeland Security on the day before the 
     date of enactment of this Act for purposes of gathering 
     information.
       (3) Inspection alerts.--The Administrator may issue 
     inspection alerts, including by indicating cargo to be held 
     for immediate inspection.
       (4) Inspection user fees.--The Administrator may, as 
     applicable--
       (A) continue to collect any agricultural quarantine 
     inspection user fee; and
       (B) administer any reserve account for the fees.
       (5) Career track program.--
       (A) In general.--The Administrator shall establish a 
     program, to be known as the ``import and entry agriculture 
     inspector career track program'', to support the development 
     of long-term career professionals with expertise in import 
     and entry agriculture inspection.
       (B) Strategic plan and training.--In carrying out the 
     program under this paragraph, the Administrator, in 
     coordination with the Secretary, shall--
       (i) develop a strategic plan to incorporate import and 
     entry agricultural inspectors into the infrastructure 
     protecting food, fiber, forests, bioenergy, and the 
     environment of the United States from animal and plant pests, 
     diseases, and noxious weeds; and
       (ii) as part of the plan under clause (i), provide training 
     for import and entry agricultural inspectors participating in 
     the program not less frequently than once each year to 
     improve inspection skills
       (f) Duties of Secretary.--
       (1) In general.--The Secretary shall--
       (A) develop standard operating procedures for inspection, 
     monitoring, and auditing relating to import and entry 
     agricultural inspections, in accordance with recommendations 
     from the Comptroller General of the United States and reports 
     of interagency advisory groups, as applicable; and
       (B) ensure that the Animal and Plant Health Inspection 
     Service has a national electronic system with real-time 
     tracking capability for monitoring, tracking, and reporting 
     inspection activities of the Service.
       (2) Federal and state cooperation.--
       (A) Communication system.--The Secretary shall develop and 
     maintain an integrated, real-time communication system with 
     respect to import and entry agricultural inspections to alert 
     State departments of agriculture of significant inspection 
     findings of the Animal and Plant Health Inspection Service.
       (B) Advisory committee.--

[[Page 31915]]

       (i) Establishment.--The Secretary shall establish a 
     committee, to be known as the ``International Trade 
     Inspection Advisory Committee'' (referred to in this 
     subparagraph as the ``committee''), to advise the Secretary 
     on policies and other issues relating to import and entry 
     agricultural inspection.
       (ii) Model.--In establishing the committee, the Secretary 
     shall use as a model the Agricultural Trade Advisory 
     Committee.
       (iii) Membership.--The committee shall be composed of 
     members representing--

       (I) State departments of agriculture;
       (II) directors of ports and airports in the United States;
       (III) the transportation industry;
       (IV) the public; and
       (V) such other entities as the Secretary determines to be 
     appropriate.

       (3) Report.--Not less frequently than once each year, the 
     Secretary shall submit to Congress a report containing an 
     assessment of--
       (A) the resource needs for import and entry agricultural 
     inspection, including the number of inspectors required;
       (B) the adequacy of--
       (i) inspection and monitoring procedures and facilities in 
     the United States; and
       (ii) the strategic plan developed under subsection 
     (e)(5)(B)(i); and
       (C) new and potential technologies and practices, including 
     recommendations regarding the technologies and practices, to 
     improve import and entry agricultural inspection.
       (4) Funding.--The Secretary shall pay the costs of each 
     import and entry agricultural inspector employed by the 
     Animal and Plant Health Inspection Service from amounts made 
     available to the Department of Agriculture for the applicable 
     fiscal year.
       (g) Effective Date.--The amendments made by this section 
     take effect on the date that is 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3792. Mr. MARTINEZ (for himself, Mr. Nelson of Florida, Mr. 
Menendez, and Mr. Ensign) submitted an amendment intended to be 
proposed by him to the bill H.R. 2419, to provide for the continuation 
of agricultural programs through fiscal year 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 3__. SENSE OF THE SENATE.

       The Senate--
       (1) finds that--
       (A) since 1982, the Department of State has consistently 
     added Cuba to the list of State sponsors of terrorism;
       (B) the Cuban regime continues to repress political dissent 
     in Cuba;
       (C) the Cuban regime continues to arbitrarily imprison and 
     violate the civil rights of the citizens of Cuba; and
       (D) the Cuban regime continues the practice of ``tourism 
     apartheid'' by restricting the access of the citizens of Cuba 
     to hospitals, restaurants, and food stores that are reserved 
     only for foreigners;
       (2) condemns the anti-democratic and repressive actions by 
     the Cuban Regime;
       (3) supports the people of Cuba in the quest to achieve a 
     truly democratic form of government; and
       (4) calls on the international community to condemn the 
     antidemocratic actions of the repressive Cuban regime.
                                 ______
                                 
  SA 3793. Mr. MARTINEZ (for himself, Mr. Nelson of Florida, Mr. 
Menendez, and Mr. Ensign) submitted an amendment intended to be 
proposed by him to the bill H.R. 2419, to provide for the continuation 
of agricultural programs through fiscal year 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 3___. APPLICABILITY.

       Nothing in the preceding sections relating to Cuba 
     (including any amendment to the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.)) 
     applies to, or may be used for purposes of any transaction 
     with, any foreign country that is identified by the Secretary 
     of State as a ``State Sponsor of Terror''.
                                 ______
                                 
  SA 3794. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 3591 submitted by Mr. Bond and intended to be proposed to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XI, add the following:

            Subtitle C--Agricultural Regulatory Flexibility

     SEC. 11081. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551(1) of title 5, United States Code.
       (2) Agricultural entity.--The term ``agricultural entity'' 
     means any person or entity that has income derived from--
       (A) farming, ranching, or forestry operations;
       (B) the production of crops, livestock, or unfinished raw 
     forestry products;
       (C) the sale, including the sale of easements and 
     development rights, of farm, ranch, forestry, water, or 
     hunting rights;
       (D) the sale of equipment to conduct farm, ranch, or 
     forestry operations;
       (E) the rental or lease of land used for farming, ranching, 
     or forestry operations, including water or hunting rights;
       (F) the provision of production inputs and services to 
     farmers, ranchers, and foresters;
       (G) the processing (including packing), storing (including 
     shedding), and transporting of farm, ranch, and forestry 
     commodities;
       (H) the sale of land that has been used for agriculture; or
       (I) payments or other income attributable to benefits 
     received under any program authorized under title I or II.
       (3) Collection of information.--
       (A) In general.--The term ``collection of information'' 
     means the obtaining, causing to be obtained, soliciting, or 
     requiring the disclosure to third parties or the public of 
     facts or opinions by or for an agency, regardless of form or 
     format, calling for--
       (i) answers to identical questions posed to, or identical 
     reporting or recordkeeping requirements imposed on, 10 or 
     more persons, other than agencies, instrumentalities, or 
     employees of the United States; or
       (ii) answers to questions posed to agencies, 
     instrumentalities, or employees of the United States that are 
     to be used for general statistical purposes.
       (B) Exclusion.--The term ``collection of information'' does 
     not include collection of information described in section 
     3518(c)(1) of title 44, United States Code.
       (4) Recordkeeping requirement.--The term ``recordkeeping 
     requirement'' means a requirement imposed by an agency on 
     persons to maintain specified records.
       (5) Rule.--
       (A) In general.--The term ``rule'' means any rule for which 
     the agency publishes a general notice of proposed rulemaking 
     pursuant to section 553(b) of title 5, United States Code, or 
     any other law, including any rule of general applicability 
     governing Federal grants to State and local governments for 
     which the agency provides an opportunity for notice and 
     public comment.
       (B) Exclusion.--The term ``rule'' does not include a rule 
     of particular applicability relating to--
       (i) rates, wages, corporate or financial structures or 
     reorganizations thereof, prices, facilities, appliances, 
     services, or allowances therefor; or
       (ii) valuations, costs or accounting, or practices relating 
     to such rates, wages, structures, prices, appliances, 
     services, or allowances.

     SEC. 11082. AGRICULTURAL REGULATORY FLEXIBILITY AGENDA.

       (a) In General.--During the months of October and April of 
     each year, each agency shall publish in the Federal Register 
     an agricultural regulatory flexibility agenda that contains--
       (1) a brief description of the subject area of any rule 
     that the agency expects to propose or promulgate that is 
     likely to have a significant economic impact on a substantial 
     number of agricultural entities;
       (2) a summary of the nature of any such rule under 
     consideration for each subject area listed in the agenda 
     pursuant to paragraph (1), the objectives and legal basis for 
     the issuance of the rule, and an approximate schedule for 
     completing action on any rule for which the agency has issued 
     a general notice of proposed rulemaking; and
       (3) the name and telephone number of an agency official 
     knowledgeable concerning the items listed in paragraph (1).
       (b) Chief Counsels.--Each agricultural regulatory 
     flexibility agenda shall be transmitted to the Chief Counsel 
     for Advocacy of the Department of Agriculture for comment, if 
     any.
       (c) Notice.--Each agency shall--
       (1) attempt to provide notice of each agricultural 
     regulatory flexibility agenda to agricultural entities (or 
     representatives thereof) through direct notification or 
     publication of the agenda in publications likely to be 
     obtained by the agricultural entities; and
       (2) invite comments on each subject area on the agenda.
       (d) Effect of Section.--Nothing in this section--
       (1) precludes an agency from considering or acting on any 
     matter not included in an agricultural regulatory flexibility 
     agenda; or
       (2) requires an agency to consider or act on any matter 
     listed in the agenda.

     SEC. 11083. INITIAL AGRICULTURAL REGULATORY FLEXIBILITY 
                   ANALYSIS.

       (a) Analysis.--
       (1) Requirement.--In any case in which an agency is 
     required by section 553 of title 5, United States Code, or 
     any other law, to publish general notice of proposed 
     rulemaking for any proposed rule, or publishes a notice of 
     proposed rulemaking for an interpretative rule involving the 
     internal revenue laws of the United States, the agency shall 
     prepare and make available for public comment an initial 
     agricultural regulatory flexibility

[[Page 31916]]

     analysis. Such analysis shall describe the impact of the 
     proposed rule on agricultural entities.
       (2) Publication.--The initial agricultural regulatory 
     flexibility analysis or a summary shall be published in the 
     Federal Register at the time of the publication of general 
     notice of proposed rulemaking for the rule.
       (3) Chief counsels.--The agency shall transmit a copy of 
     the initial agricultural regulatory flexibility analysis to 
     the Chief Counsel for Advocacy of the Department of 
     Agriculture.
       (4) Applicability.--In the case of an interpretative rule 
     involving the internal revenue laws of the United States, the 
     requirements of this section apply to interpretative rules 
     published in the Federal Register for codification in the 
     Code of Federal Regulations only to the extent that the 
     interpretative rule imposes on agricultural entities a 
     collection of information requirement.
       (b) Contents.--Each initial agricultural regulatory 
     flexibility analysis required under this section shall 
     contain--
       (1) a description of the reasons why action by the agency 
     is being considered;
       (2) a succinct statement of the objectives of, and legal 
     basis for, the proposed rule;
       (3) a description of and, if feasible, an estimate of the 
     number of agricultural entities to which the proposed rule 
     will apply;
       (4) a description of the projected reporting, 
     recordkeeping, and other compliance requirements of the 
     proposed rule, including an estimate of the classes of 
     agricultural entities that will be subject to the requirement 
     and the type of professional skills necessary for preparation 
     of the report or record; and
       (5) an identification, to the maximum extent practicable, 
     of all relevant Federal rules that may duplicate, overlap, or 
     conflict with the proposed rule.
       (c) Alternatives.--
       (1) In general.--Each initial agricultural regulatory 
     flexibility analysis shall also contain a description of any 
     significant alternatives to the proposed rule that--
       (A) accomplish the stated objectives of applicable laws 
     (including regulations); and
       (B) minimize any significant economic impact of the 
     proposed rule on agricultural entities.
       (2) Description.--In accordance with the stated objectives 
     of applicable laws (including regulations), the analysis 
     shall include a description of significant alternatives, such 
     as--
       (A) the establishment of differing compliance or reporting 
     requirements or timetables that take into account the 
     resources available to agricultural entities;
       (B) the clarification, consolidation, or simplification of 
     compliance and reporting requirements under the rule for the 
     agricultural entities;
       (C) the use of performance rather than design standards; 
     and
       (D) an exemption from coverage of the rule, or any part 
     thereof, for such agricultural entities.

     SEC. 11084. FINAL AGRICULTURAL REGULATORY FLEXIBILITY 
                   ANALYSIS.

       (a) Final Analysis.--
       (1) In general.--In any case in which an agency promulgates 
     a final rule under section 553 of title 5, United States 
     Code, after being required by that section or any other law 
     to publish a general notice of proposed rulemaking, or 
     promulgates a final interpretative rule involving the 
     internal revenue laws of the United States as described in 
     section 11083(a), the agency shall prepare a final 
     agricultural regulatory flexibility analysis.
       (2) Contents.--Each final agricultural regulatory 
     flexibility analysis shall contain--
       (A) a succinct statement of the need for, and objectives 
     of, the rule;
       (B) a summary of the significant issues raised by the 
     public comments in response to the initial agricultural 
     regulatory flexibility analysis, a summary of the assessment 
     of the agency of those issues, and a statement of any changes 
     made in the proposed rule as a result of the comments;
       (C) a description of and an estimate of the number of 
     agricultural entities to which the rule will apply or an 
     explanation of why no such estimate is available;
       (D) a description of the projected reporting, 
     recordkeeping, and other compliance requirements of the rule, 
     including an estimate of the classes of agricultural entities 
     that will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     or record; and
       (E) a description of measures the agency has carried out to 
     minimize the significant economic impact on agricultural 
     entities consistent with the stated objectives of applicable 
     statutes, including a statement of--
       (i) the factual, policy, and legal reasons for selecting 
     the alternative adopted in the final rule; and
       (ii) why each of the other significant alternatives to the 
     rule considered by the agency that affect the impact on 
     agricultural entities was rejected.
       (b) Publication.--The agency shall--
       (1) make copies of the final agricultural regulatory 
     flexibility analysis available to members of the public; and
       (2) publish in the Federal Register the analysis or a 
     summary thereof.

     SEC. 11085. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSIS.

       (a) In General.--Any Federal agency may perform the 
     analyses required by sections 11082, 11083, and 11084 in 
     conjunction with, or as a part of, any other agenda or 
     analysis required by any other law if the other analysis 
     satisfies the requirements of those sections.
       (b) Certification by Agency Head.--
       (1) In general.--Sections 11083 and 11084 shall not apply 
     to any proposed or final rule if the head of the agency 
     certifies that the rule will not, if promulgated, have a 
     significant economic impact on a substantial number of 
     agricultural entities.
       (2) Publication.--If the head of the agency makes a 
     certification under paragraph (1), the agency head shall 
     publish the certification (together with a statement 
     providing the factual basis for the certification) in the 
     Federal Register--
       (A) at the time of publication of general notice of 
     proposed rulemaking for the rule; or
       (B) at the time of publication of the final rule.
       (3) Chief counsel.--The agency shall provide each 
     certification and statement described in paragraph (2) to the 
     Chief Counsel for Advocacy of the Department of Agriculture.
       (c) Closely Related Rules.--To avoid duplicative action, an 
     agency may consider a series of closely related rules as 1 
     rule for the purposes of sections 11082, 11083, 11084 and 
     11090.

     SEC. 11086. EFFECT ON OTHER LAW.

       The requirements of sections 11083 and 11084 do not alter 
     in any manner standards otherwise applicable by law to agency 
     action.

     SEC. 11087. PREPARATION OF ANALYSES.

       In complying with sections 11083 and 11084, an agency may 
     provide--
       (1) a quantifiable or numerical description of the effects 
     of a proposed rule or alternatives to the proposed rule; or
       (2) more general descriptive statements, if quantification 
     is not practicable or reliable.

     SEC. 11088. PROCEDURE FOR WAIVER OR DELAY OF COMPLETION.

       (a) Emergency Situations.--An agency head may waive or 
     delay the completion of some or all of the requirements of 
     section 11083 by publishing in the Federal Register, not 
     later than the date of publication of the final rule, a 
     written finding, with reasons therefor, that the final rule 
     is being promulgated in response to an emergency that makes 
     compliance or timely compliance with the requirements 
     impracticable.
       (b) Limitation.--
       (1) In general.--Except as provided in section 11085(b), an 
     agency head may not waive the requirements of section 11084.
       (2) Delays.--An agency head may delay the completion of the 
     requirements of section 11084 for a period of not more than 
     180 days after the date of publication in the Federal 
     Register of a final rule by publishing in the Federal 
     Register, not later than that date of publication, a written 
     finding, with reasons therefor, that the final rule is being 
     promulgated in response to an emergency that makes timely 
     compliance with section 11084 impracticable.
       (3) Failure to prepare analysis.--If the agency has not 
     prepared a final agricultural regulatory analysis pursuant to 
     section 11084 by not later than 180 days after the date of 
     publication of the final rule, the rule--
       (A) shall lapse and have no effect; and
       (B) shall not be repromulgated until a final regulatory 
     flexibility analysis has been completed by the agency.

     SEC. 11089. PROCEDURES FOR GATHERING COMMENTS.

       (a) Definition of Covered Agency.--In this section, the 
     term ``covered agency'' means the Environmental Protection 
     Agency and the Department of the Interior and its agencies.
       (b) Participation.--In any case in which a rule is 
     promulgated that will have a significant economic impact on a 
     substantial number of agricultural entities, the head of the 
     agency promulgating the rule or the official of the agency 
     with statutory responsibility for the promulgation of the 
     rule shall assure that agricultural entities have been given 
     an opportunity to participate in the rulemaking for the rule 
     through the rational use of techniques, such as--
       (1) the inclusion in an advanced notice of proposed 
     rulemaking, if issued, of a statement that the proposed rule 
     may have a significant economic effect on a substantial 
     number of agricultural entities;
       (2) the publication of general notice of proposed 
     rulemaking in publications likely to be obtained by 
     agricultural entities;
       (3) the direct notification of interested agricultural 
     entities;
       (4) the conduct of open conferences or public hearings 
     concerning the rule for agricultural entities including 
     soliciting and receiving comments over computer networks; and
       (5) the adoption or modification of agency procedural rules 
     to reduce the cost or complexity of participation in the 
     rulemaking by agricultural entities.
       (c) Initial Requirements.--Before the date of publication 
     of an initial agricultural regulatory flexibility analysis 
     required under this subtitle--
       (1) a covered agency shall--
       (A) notify the Chief Counsel for Advocacy of the Department 
     of Agriculture; and

[[Page 31917]]

       (B) provide the Chief Counsel with information on the 
     potential impacts of the proposed rule on agricultural 
     entities that might be affected;
       (2) not later than 15 days after the date of receipt of the 
     materials described in paragraph (1), the Chief Counsel shall 
     identify individuals representative of affected agricultural 
     entities for the purpose of obtaining advice and 
     recommendations from those individuals about the potential 
     impacts of the proposed rule;
       (3) the agency shall convene a review panel for the rule 
     consisting entirely of--
       (A) full-time Federal employees of the office within the 
     agency responsible for carrying out the proposed rule;
       (B) the Office of Information and Regulatory Affairs within 
     the Office of Management and Budget; and
       (C) the Chief Counsel;
       (4) the panel shall--
       (A) review any material the agency has prepared in 
     connection with this subtitle, including any draft proposed 
     rule; and
       (B) collect advice and recommendations of each individual 
     agricultural entity representative identified by the agency, 
     after consultation with the Chief Counsel, on issues relating 
     to paragraphs (3) and (4) of subsection (b), and subsection 
     (c), of section 11083;
       (5) not later than 60 days after the date a covered agency 
     convenes a review panel pursuant to paragraph (3), the review 
     panel shall report on the comments of the agricultural entity 
     representatives and its findings as to issues relating to 
     paragraphs (3) and (4) of subsection (b), and subsection (c), 
     of section 11083, subject to the requirement that the report 
     shall be made public as part of the rulemaking record; and
       (6) as appropriate, the agency shall modify the proposed 
     rule, the initial agricultural flexibility analysis or the 
     decision on whether an initial flexibility analysis is 
     required.
       (d) Applicability.--An agency may, at the discretion of the 
     agency head, apply subsection (c) to rules that the agency 
     intends to certify under section 11085(b), but the agency 
     believes may have a greater than de minimis impact on a 
     substantial number of agricultural entities.
       (e) Waivers.--
       (1) In general.--The Chief Counsel for Advocacy, in 
     consultation with the individuals identified under subsection 
     (c)(2), and with the Administrator of the Office of 
     Information and Regulatory Affairs within the Office of 
     Management and Budget, may waive the requirements of 
     paragraphs (3) through (5) of subsection (c) by including in 
     the rulemaking record a written finding, with reasons 
     therefor, that those requirements would not advance the 
     effective participation of agricultural entities in the 
     rulemaking process.
       (2) Factors for consideration.--For purposes of paragraph 
     (1), the factors to be considered in making a finding 
     described in that paragraph are the following:
       (A) In developing a proposed rule, the extent to which the 
     covered agency consulted with individuals representative of 
     affected agricultural entities with respect to the potential 
     impacts of the rule and took those concerns into 
     consideration.
       (B) Special circumstances requiring prompt issuance of the 
     rule.
       (C) Whether the requirements of subsection (c) would 
     provide the individuals identified in subsection (c)(2) with 
     a competitive advantage relative to other agricultural 
     entities.

     SEC. 11090. PERIODIC REVIEW OF RULES.

       (a) Plan.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, each agency shall publish in the 
     Federal Register a plan for the periodic review of the rules 
     issued by the agency that have or will have a significant 
     economic impact on a substantial number of agricultural 
     entities.
       (2) Amendments.--The plan may be amended by the agency at 
     any time by publishing the revision in the Federal Register.
       (3) Reviews.--The purpose of a review under the plan shall 
     be to determine whether the rules should be continued without 
     change, or should be amended or rescinded, consistent with 
     the stated objectives of applicable laws (including 
     regulations), to minimize any significant economic impact of 
     the rules on a substantial number of agricultural entities.
       (4) Requirements.--The plan shall provide for--
       (A) the review of all such agency rules in existence on the 
     date of enactment of this Act by not later than 10 years 
     after that date; and
       (B) the review of any rules adopted after that date of 
     enactment by not later than 10 years after the publication of 
     those rules as final rules.
       (5) Extensions.--If the head of the agency determines that 
     completion of the review of existing rules is not feasible by 
     the established date, the agency head--
       (A) shall provide a certification of the determination in a 
     statement published in the Federal Register; and
       (B) may extend the completion date by 1 year at a time for 
     a total of not more than 5 years.
       (b) Factors for Consideration.--In reviewing rules to 
     minimize any significant economic impact of the rule on a 
     substantial number of agricultural entities in a manner 
     consistent with the stated objectives of applicable laws and 
     regulations, the agency shall take into consideration--
       (1) the continued need for the rule;
       (2) the nature of complaints or comments received 
     concerning the rule from the public;
       (3) the complexity of the rule;
       (4) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules, and, to the extent 
     feasible, with State and local governmental rules; and
       (5) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule.
       (c) Lists.--
       (1) In general.--For each calendar year, each agency shall 
     publish in the Federal Register a list of the rules that have 
     a significant economic impact on a substantial number of 
     agricultural entities that are to be reviewed pursuant to 
     this section during the following calendar year.
       (2) Inclusions.--The list shall include--
       (A) a brief description of each rule; and
       (B) the need for and legal basis of the rule.
       (3) Public comment.--The list shall invite public comment 
     on each rule included on the list.

     SEC. 11091. JUDICIAL REVIEW.

       (a) Review.--
       (1) In general.--For any rule subject to this subtitle, a 
     agricultural entity that is adversely affected or aggrieved 
     by final agency action is entitled to judicial review of 
     agency compliance with the requirements of sections 11081, 
     11084, 11085(b), 11088(b), and 11090 in accordance with 
     chapter 7 of title 5, United States Code.
       (2) Certain sections.--Agency compliance with sections 
     11087 and 11089(a) shall be judicially reviewable in 
     connection with judicial review of section 11084.
       (3) Jurisdiction.--
       (A) In general.--Each court having jurisdiction to review a 
     rule for compliance with section 553, or under any other 
     provision of law, shall have jurisdiction to review any 
     claims of noncompliance with sections 11081, 11084, 11085(b), 
     11088(b), and 11090 in accordance with chapter 7 of title 5, 
     United States Code.
       (B) Certain sections.--Agency compliance with sections 
     11087 and 11089(a) shall be judicially reviewable in 
     connection with judicial review of section 11084.
       (4) Time period.--
       (A) In general.--An agricultural entity may seek review 
     under this subsection during the 1-year period beginning on 
     the date of final agency action, except that if a provision 
     of law requires that an action challenging a final agency 
     action be commenced before the expiration of 1 year, the 
     lesser period shall apply to an action for judicial review 
     under this section.
       (B) Delays.--In any case in which an agency delays the 
     issuance of a final agricultural flexibility analysis 
     pursuant to section 11088(b), an action for judicial review 
     under this section shall be filed not later than--
       (i) 1 year after the date on which the analysis is made 
     available to the public, or
       (ii) if a provision of law requires that an action 
     challenging a final agency regulation be commenced before the 
     expiration of the 1-year period, the number of days specified 
     in the provision of law that is after the date the analysis 
     is made available to the public.
       (5) Relief.--In granting any relief in an action under this 
     section, the court shall order the agency to take corrective 
     action consistent with this subtitle and chapter 7 of title 5 
     United States Code, including--
       (A) remanding the rule to the agency; and
       (B) deferring the enforcement of the rule against 
     agricultural entities unless the court finds that continued 
     enforcement of the rule is in the public interest.
       (6) Effect of subsection.--Nothing in this subsection 
     limits the authority of any court--
       (A) to stay the effective date of any rule or provision 
     thereof under any other provision of law; or
       (B) to grant any other relief in addition to the 
     requirements of this section.
       (b) Analyses.--In an action for the judicial review of a 
     rule, the agricultural flexibility analysis for the rule, 
     including an analysis prepared or corrected pursuant to 
     subsection (a)(4), shall constitute part of the entire record 
     of agency action in connection with the review.
       (c) Requirement.--Compliance or noncompliance by an agency 
     with the provisions of this subtitle shall be subject to 
     judicial review only in accordance with this section.
       (d) Effect of Section.--Nothing in this section bars 
     judicial review of any other impact statement or similar 
     analysis required by any other law if judicial review of the 
     statement or analysis is otherwise permitted by law.

     SEC. 11092. REPORTS AND INTERVENTION RIGHTS.

       (a) Monitoring.--The Chief Counsel for Advocacy of the 
     Department of Agriculture shall--
       (1) monitor agency compliance with this subtitle; and
       (2) submit reports at least annually on that compliance 
     to--

[[Page 31918]]

       (A) the President;
       (B) the Committee on Agriculture of the House of 
     Representatives; and
       (C) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate.
       (b) Amicus Curiae.--
       (1) In general.--The Chief Counsel for Advocacy of the 
     Department of Agriculture may appear as amicus curiae in any 
     action brought in a court of the United States to review a 
     rule.
       (2) In any action described in paragraph (1), the Chief 
     Counsel may present the views of the Chief Counsel with 
     respect to--
       (A) compliance with this subtitle;
       (B) the adequacy of the rulemaking record with respect to 
     agricultural entities; and
       (C) the effect of the rule on agricultural entities.
       (3) Action by courts.--A court of the United States shall 
     grant the application of the Chief Counsel for Advocacy of 
     the Department of Agriculture to appear in any such action 
     for the purposes described in this subsection.

     SEC. 11093. ESTABLISHMENT OF OFFICE OF ADVOCACY WITHIN THE 
                   DEPARTMENT OF AGRICULTURE; CHIEF COUNSEL FOR 
                   AGRICULTURAL ADVOCACY.

       (a) Establishment.--There is established within the 
     Department of Agriculture an Office of Advocacy.
       (b) Management.--The management of the Office shall be 
     vested in a Chief Counsel for Advocacy, who shall be 
     appointed from civilian life by the President, by and with 
     the advice and consent of the Senate.

     SEC. 11094. PRIMARY FUNCTIONS OF OFFICE OF ADVOCACY.

       The primary functions of the Office of Advocacy shall be--
       (1) to measure the direct costs and other effects of 
     government regulation on agricultural entities; and make 
     legislative and nonlegislative proposals for eliminating 
     excessive or unnecessary regulations of agricultural 
     entities;
       (2) to study the ability of financial markets and 
     institutions to meet agricultural entity credit needs and 
     determine the impact of government demands for credit on 
     agricultural entities;
       (3)(A) to recommend specific measures for creating an 
     environment in which all agricultural entities will have the 
     opportunity to compete effectively and expand to full 
     potential; and
       (B) to ascertain the common reasons, if any, for 
     agricultural entity successes and failures;
       (4)(A) to evaluate the efforts of each Federal department 
     and agency, and of private industry, to assist agricultural 
     entities owned and controlled by veterans, and agricultural 
     entities concerns owned and controlled by serviced-disabled 
     veterans;
       (B) to provide statistical information on the use of those 
     programs by those agricultural entities; and
       (C) to make appropriate recommendations to the Secretary 
     and Congress to promote the establishment and growth of those 
     agricultural entities.

     SEC. 11095. ADDITIONAL DUTIES OF OFFICE OF ADVOCACY.

       The Office of Advocacy shall also perform the following 
     duties on a continuing basis:
       (1) Serve as a focal point for the receipt of complaints, 
     criticisms, and suggestions concerning the policies and 
     activities of the President and any other Federal agency that 
     affects agricultural entities.
       (2) Counsel agricultural entities on methods to resolve 
     questions and problems concerning the relationship of the 
     agricultural entity to the Federal Government.
       (3) Develop proposals for changes in the policies and 
     activities of any agency of the Federal Government that will 
     better fulfill the purposes of agricultural entities and 
     communicate the proposals to the appropriate Federal 
     agencies.
       (4) Represent the views and interests of agricultural 
     entities before other Federal agencies the policies and 
     activities of which may affect agricultural entities.
       (5) Enlist the cooperation and assistance of public and 
     private agencies, businesses, and other organizations in 
     disseminating information about--
       (A) the programs and services provided by the Federal 
     Government that are of benefit to agricultural entities; and
       (B) the means by which agricultural entities can 
     participate in or make use of those programs and services.
                                 ______
                                 
  SA 3795. Mr. NELSON of Florida (for himself, Mr. Ensign, Mr. 
Martinez, and Mr. Menendez) submitted an amendment intended to be 
proposed to amendment SA 3660 submitted by Mr. Baucus (for himself and 
Mr. Crapo) and intended to be proposed to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the amendment, add the following:

     SEC. 3___. EFFECTIVE DATE.

       (a) In General.--The preceding sections relating to Cuba 
     (including any amendment to the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.)) 
     shall not take effect until the date on which the President 
     submits to Congress a certification described in subsection 
     (b).
       (b) Conditions for Certification.--A certification referred 
     to in subsection (a) is a certification submitted by the 
     President that--
       (1) Cuba has--
       (A) ended discrimination in the Cuban tourist industry, 
     known as ``tourism apartheid''; and
       (B) provided to the citizens of Cuba access to tourist 
     hotels, beaches, and other tourist locations;
       (2) Cuba is providing equal employment opportunities for 
     Afro-Cubans in the Cuban tourist industry, including in 
     hotels;
       (3) Cuban employers are making direct payments to Cuban 
     hotel workers; and
       (4) any foodstuffs imported to Cuba from the United States 
     are made available for purchase in stores accessible to all 
     Cubans.
                                 ______
                                 
  SA 3796. Mr. NELSON of Florida (for himself, Mr. Ensign, Mr. 
Martinez, and Mr. Menendez) submitted an amendment intended to be 
proposed to amendment SA 3668 submitted by Mr. Baucus and intended to 
be proposed to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 3___. EFFECTIVE DATE.

       (a) In General.--The preceding sections relating to Cuba 
     (including any amendment to the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.)) 
     shall not take effect until the date on which the President 
     submits to Congress a certification described in subsection 
     (b).
       (b) Conditions for Certification.--A certification referred 
     to in subsection (a) is a certification submitted by the 
     President that--
       (1) Cuba has--
       (A) ended discrimination in the Cuban tourist industry, 
     known as ``tourism apartheid''; and
       (B) provided to the citizens of Cuba access to tourist 
     hotels, beaches, and other tourist locations;
       (2) Cuba is providing equal employment opportunities for 
     Afro-Cubans in the Cuban tourist industry, including in 
     hotels;
       (3) Cuban employers are making direct payments to Cuban 
     hotel workers; and
       (4) any foodstuffs imported to Cuba from the United States 
     are made available for purchase in stores accessible to all 
     Cubans.
                                 ______
                                 
  SA 3797. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3722 submitted by Mr. Durbin (for himself and Mrs. Dole) 
and intended to be proposed to the amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 1 of the amendment, strike line 6 and all 
     that follows through the end of the amendment and insert the 
     following:
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the President shall use to carry out this 
     section $100,000,000 for each of fiscal years 2009 through 
     2012.''; and
       (B) in paragraph (2), by striking ``such sums'' and all 
     that follows through ``2007'' and inserting ``$300,000,000 
     for each of fiscal years 2008 through 2012''.

     SEC. 3109. OFFSET.

       Section 901(b)(4)(A) of the Trade Act of 1974 (as added by 
     section 12101(a)) is amended by striking clause (ii) and 
     inserting the following:
       ``(ii) 35 percent of the amount of any direct payments made 
     to the producer under section 1103 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7913) or section 1103 
     of the Food and Energy Security Act of 2007 or of any fixed 
     direct payments made at the election of the producer in lieu 
     of that section or a subsequent section;''.
                                 ______
                                 
  SA 3798. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3653 submitted by Mr. Coburn and intended to be proposed 
to the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

[[Page 31919]]



     SEC. 19__. ELIGIBILITY FOR DEPARTMENT PROGRAMS.

       Section 508(b)(7) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(b)(7)) is amended by striking subparagraph (A) 
     and inserting the following:
       ``(A) In general.--
       ``(i) Requirement to purchase crop insurance.--Effective 
     for the spring-planted 2008 and subsequent crops (and fall-
     planted 2008 crops at the option of the Secretary) of each 
     agricultural commodity or commercial crop (other than dairy 
     or livestock), to be eligible for any benefit described in 
     clause (ii), a person shall--

       ``(I) in the case of an agricultural commodity for which 
     insurance is available under this title, obtain at least the 
     catastrophic level of insurance for each crop of economic 
     significance in which the person has an interest; or
       ``(II) in the case of an eligible crop for which payments 
     are available under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333), provides 
     a level of coverage that is comparable to the coverage 
     described in subclause (I), as determined by the Secretary.

       ``(ii) Covered benefits.--Benefits referred to in clause 
     (i) are--

       ``(I) any type of price support, payment, loan, or other 
     benefit, as determined by the Secretary, under--

       ``(aa) title I of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 7901 et seq.);
       ``(bb) title I of the Food and Energy Security Act of 2007;
       ``(cc) the Commodity Credit Corporation Charter Act (15 
     U.S.C. 714 et seq.);
       ``(dd) any law providing agricultural disaster assistance; 
     or
       ``(ee) any other similar Act administered by the Secretary, 
     as determined by the Secretary; or

       ``(II) any benefit described in section 371(b) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     2008f(b)).

       ``(iii) Waiver.--To be eligible for any benefit described 
     in clause (ii), a person that elects not to obtain coverage 
     described in subclause (I) or (II) of clause (i) for an 
     agricultural commodity or commercial crop shall submit to the 
     Secretary a written waiver to waive any eligibility for 
     emergency crop loss assistance for that agricultural 
     commodity or commercial crop.''.
                                 ______
                                 
  SA 3799. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 3612 submitted by Mr. Bond and intended to be proposed to 
the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 973, strike lines 21 through 24 and inset the 
     following:
       (a) Funding.--
       (1) Mandatory funding.--
       (A) In general.--Section 401(b) of the Agricultural 
     Research, Extension, and Education Reform Act of 1998 (7 
     U.S.C. 7621(b)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of the Food and Energy Security Act of 2007, on 
     October 1, 2008, and each October 1 thereafter through 
     October 1, 2011, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Account the amount that the Secretary 
     estimates will be made available for the applicable fiscal 
     year as a result of the enactment of section 7201(a)(1)(B) of 
     that Act.''.
       (B) Offset.--Notwithstanding title I or any amendment made 
     by title I, a person or legal entity shall not be eligible 
     for, and the Secretary shall not make to any person or legal 
     entity, any individual payment under subtitles A through E of 
     title I or an amendment made by those titles in an amount 
     that is less than $50.
       (2) Discretionary funding.--Section 401(b) of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7621(b)) is amended by striking paragraph (3) 
     and inserting the following:
                                 ______
                                 
  SA 3800. Mr. REID (for Mr. Dodd (for himself and Mr. Shelby)) 
proposed an amendment to the bill H.R. 2761, to extend the Terrorism 
Insurance Program of the Department of the Treasury, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Terrorism 
     Risk Insurance Program Reauthorization Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
       Sec. 1. Short title; table of contents.
       Sec. 2. Definition of act of terrorism.
       Sec. 3. Reauthorization of the Program.
       Sec. 4. Annual liability cap.
       Sec. 5. Enhanced reports to Congress.

     SEC. 2. DEFINITION OF ACT OF TERRORISM.

       Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act 
     of 2002 (15 U.S.C. 6701 note) is amended by striking ``acting 
     on behalf of any foreign person or foreign interest''.

     SEC. 3. REAUTHORIZATION OF THE PROGRAM.

       (a) Termination Date.--Section 108(a) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by 
     striking ``2007'' and inserting ``2014''.
       (b) Additional Program Years.--Section 102(11) of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is 
     amended by adding at the end the following:
       ``(G) Additional program years.--Except when used as 
     provided in subparagraphs (B) through (F), the term `Program 
     Year' means, as the context requires, any of Program Year 1, 
     Program Year 2, Program Year 3, Program Year 4, Program Year 
     5, or any of calendar years 2008 through 2014.''.
       (c) Conforming Amendments.--The Terrorism Risk Insurance 
     Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) in section 102(7)(F)--
       (A) by inserting ``and each Program Year thereafter'' 
     before ``, the value''; and
       (B) by striking ``preceding Program Year 5'' and inserting 
     ``preceding that Program Year'';
       (2) in section 103(e)(1)(A), by inserting ``and each 
     Program Year thereafter'' after ``Year 5'';
       (3) in section 103(e)(1)(B)(ii), by inserting before the 
     period at the end ``and any Program Year thereafter'';
       (4) in section 103(e)(2)(A), by striking ``of Program Years 
     2 through 5'' and inserting ``Program Year thereafter'';
       (5) in section 103(e)(3), by striking ``of Program Years 2 
     through 5,'' and inserting ``other Program Year''; and
       (6) in section 103(e)(6)(E), by inserting ``and any Program 
     Year thereafter'' after ``Year 5''.

     SEC. 4. ANNUAL LIABILITY CAP.

       (a) In General.--Section 103(e)(2) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``(until such time as the Congress may act 
     otherwise with respect to such losses)''; and
       (B) in clause (ii), by striking ``that amount'' and 
     inserting ``the amount of such losses''; and
       (2) in subparagraph (B), by inserting before the period at 
     the end ``, except that, notwithstanding paragraph (1) or any 
     other provision of Federal or State law, no insurer may be 
     required to make any payment for insured losses in excess of 
     its deductible under section 102(7) combined with its share 
     of insured losses under paragraph (1)(A) of this 
     subsection''.
       (b) Notice to Congress.--Section 103(e)(3) of the Terrorism 
     Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) by adding at the end the following: ``The Secretary 
     shall provide an initial notice to Congress not later than 15 
     days after the date of an act of terrorism, stating whether 
     the Secretary estimates that aggregate insured losses will 
     exceed $100,000,000,000.''; and
       (2) by striking ``and the Congress shall'' and all that 
     follows through the end of the paragraph and inserting a 
     period.
       (c) Regulations for Pro Rata Payments; Report to 
     Congress.--Section 103(e)(2)(B) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) by striking ``For purposes'' and inserting the 
     following:
       ``(i) In general.--For purposes''; and
       (2) by adding at the end the following:
       ``(ii) Regulations.--Not later than 240 days after the date 
     of enactment of the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, the Secretary shall issue final 
     regulations for determining the pro rata share of insured 
     losses under the Program when insured losses exceed 
     $100,000,000,000, in accordance with clause (i).
       ``(iii) Report to congress.--Not later than 120 days after 
     the date of enactment of the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, the Secretary shall provide a 
     report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives describing the process to be 
     used by the Secretary for determining the allocation of pro 
     rata payments for insured losses under the Program when such 
     losses exceed $100,000,000,000.''.
       (d) Disclosure.--Section 103(b) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) in the case of any policy that is issued after the 
     date of enactment of the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, the insurer provides clear and 
     conspicuous disclosure to the policyholder of the existence 
     of the $100,000,000,000 cap under subsection (e)(2), at the 
     time of offer, purchase, and renewal of the policy;''.
       (e) Surcharges.--Section 103(e) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) in paragraph (7)--

[[Page 31920]]

       (A) in subparagraph (C), by inserting ``133 percent of'' 
     before ``any mandatory recoupment''; and
       (B) by adding at the end the following:
       ``(E) Timing of mandatory recoupment.--
       ``(i) In general.--If the Secretary is required to collect 
     terrorism loss risk-spreading premiums under subparagraph 
     (C)--

       ``(I) for any act of terrorism that occurs on or before 
     December 31, 2010, the Secretary shall collect all required 
     premiums by September 30, 2012;
       ``(II) for any act of terrorism that occurs between January 
     1 and December 31, 2011, the Secretary shall collect 35 
     percent of any required premiums by September 30, 2012, and 
     the remainder by September 30, 2017; and
       ``(III) for any act of terrorism that occurs on or after 
     January 1, 2012, the Secretary shall collect all required 
     premiums by September 30, 2017.

       ``(ii) Regulations required.--Not later than 180 days after 
     the date of enactment of this subparagraph, the Secretary 
     shall issue regulations describing the procedures to be used 
     for collecting the required premiums in the time periods 
     referred to in clause (i).
       ``(F) Notice of estimated losses.--Not later than 90 days 
     after the date of an act of terrorism, the Secretary shall 
     publish an estimate of aggregate insured losses, which shall 
     be used as the basis for determining whether mandatory 
     recoupment will be required under this paragraph. Such 
     estimate shall be updated as appropriate, and at least 
     annually.''; and
       (2) in paragraph (8)--
       (A) in subparagraph (C)--
       (i) by striking ``(including any additional amount included 
     in such premium'' and inserting ``collected''; and
       (ii) by striking ``(D))'' and inserting ``(D)''; and
       (B) in subparagraph (D)(ii), by inserting before the period 
     at the end ``, in accordance with the timing requirements of 
     paragraph (7)(E)''.

     SEC. 5. ENHANCED REPORTS TO CONGRESS.

       (a) Study and Report on Insurance for Nuclear, Biological, 
     Chemical, and Radiological Terrorist Events.--Section 108 of 
     the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 
     note) is amended by adding at the end the following:
       ``(f) Insurance for Nuclear, Biological, Chemical, and 
     Radiological Terrorist Events.--
       ``(1) Study.--The Comptroller General of the United States 
     shall examine--
       ``(A) the availability and affordability of insurance 
     coverage for losses caused by terrorist attacks involving 
     nuclear, biological, chemical, or radiological materials;
       ``(B) the outlook for such coverage in the future; and
       ``(C) the capacity of private insurers and State workers 
     compensation funds to manage risk associated with nuclear, 
     biological, chemical, and radiological terrorist events.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, the Comptroller General shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report containing a 
     detailed statement of the findings under paragraph (1), and 
     recommendations for any legislative, regulatory, 
     administrative, or other actions at the Federal, State, or 
     local levels that the Comptroller General considers 
     appropriate to expand the availability and affordability of 
     insurance for nuclear, biological, chemical, or radiological 
     terrorist events.''.
       (b) Study and Report on Availability and Affordability of 
     Terrorism Insurance in Specific Markets.--Section 108 of the 
     Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is 
     amended by adding at the end the following:
       ``(g) Availability and Affordability of Terrorism Insurance 
     in Specific Markets.--
       ``(1) Study.--The Comptroller General of the United States 
     shall conduct a study to determine whether there are specific 
     markets in the United States where there are unique capacity 
     constraints on the amount of terrorism risk insurance 
     available.
       ``(2) Elements of study.--The study required by paragraph 
     (1) shall contain--
       ``(A) an analysis of both insurance and reinsurance 
     capacity in specific markets, including pricing and coverage 
     limits in existing policies;
       ``(B) an assessment of the factors contributing to any 
     capacity constraints that are identified; and
       ``(C) recommendations for addressing those capacity 
     constraints.
       ``(3) Report.--Not later than 180 days after the date of 
     enactment of the Terrorism Risk Insurance Program 
     Reauthorization Act of 2007, the Comptroller General shall 
     submit a report on the study required by paragraph (1) to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives.''.
       (c) Ongoing Reports.--Section 108(e) of the Terrorism Risk 
     Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``ongoing'' before ``analysis''; and
       (B) by striking ``, including'' and all that follows 
     through the end of the paragraph, and inserting a period; and
       (2) in paragraph (2)--
       (A) by inserting ``and thereafter in 2010 and 2013,'' after 
     ``2006,''; and
       (B) by striking ``subsection (a)'' and inserting 
     ``paragraph (1)''.
                                 ______
                                 
  SA 3801. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 274, to amend chapter 23 of title 5, United States 
Code, to clarify the disclosures of information protected from 
prohibited personnel practices, require a statement in nondisclosure 
policies, forms, and agreements that such policies, forms, and 
agreements conform with certain disclosure protections, provide certain 
authority for the Special Counsel, and for other purposes; which was 
ordered to lie on the table; as follows:

       After subsection (n), insert the following:
       (o) Reporting Requirements.--
       (1) Government accountability office.--
       (A) In general.--Not later than 40 months after the date of 
     enactment of this Act, the Government Accountability Office 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives on the implementation of this Act.
       (B) Contents.--The report under this paragraph shall 
     include--
       (i) an analysis of any changes in the number of cases filed 
     with the United States Merit Systems Protection Board 
     alleging violations of section 2302(b)(8) or (9) of title 5, 
     United States Code, since the effective date of the Act;
       (ii) the outcome of the cases described under clause (i), 
     including whether or not the United States Merit Systems 
     Protection Board, the Federal Circuit Court of Appeals, or 
     any other court determined the allegations to be frivolous or 
     malicious; and
       (iii) any other matter as determined by the Government 
     Accountability Office.
       (2) Merit systems protection board.--
       (A) In general.--Each report submitted annually by the 
     Merit Systems Protection Board under section 1116 of title 
     31, United States Code, shall, with respect to the period 
     covered by such report, include as an addendum the following:
       (i) Information relating to the outcome of cases decided 
     during the applicable year of the report in which violations 
     of section 2302(b)(8) or (9) of title 5, United States Code, 
     were alleged.
       (ii) The number of such cases filed in the regional and 
     field offices, the number of petitions for review filed in 
     such cases, and the outcomes of such cases.
       (B) First report.--The first report described under 
     subparagraph (A) submitted after the date of enactment of 
     this Act shall include an addendum required under that 
     subparagraph that covers the period beginning on January 1, 
     2008 through the end of the fiscal year 2008.

                          ____________________