[Congressional Record (Bound Edition), Volume 158 (2012), Part 6]
[Senate]
[Pages 8809-8836]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2246. 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:

       On page 999, strike line 13 and insert the following:
     ``actions with employees of the Department.
       ``(c) Contracts and Cooperative Agreements.--For purposes 
     of carrying out the duties under subsection (b), the Military 
     Veterans Agricultural Liaison may enter into contracts or 
     cooperative agreements with the research centers of the 
     Agricultural Research Service, institutions of higher 
     education, or nonprofit organizations for--
       ``(1) the conduct of regional research on the profitability 
     of small farms;
       ``(2) the development of educational materials;
       ``(3) the conduct of workshops, courses, and certified 
     vocational training;
       ``(4) the conduct of mentoring activities; or
       ``(5) the provision of internship opportunities.''.
                                 ______
                                 
  SA 2247. Mr. TOOMEY (for himself, Mr. Pryor, Mr. Inhofe, Mr. Boozman, 
and Mr. Sessions) submitted an amendment intended to be proposed by him 
to the bill S. 3240, to reauthorize agricultural programs through 2017, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 122__. CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER 
                   SYSTEMS.

       (a) Findings.--Congress finds that--
       (1) community water systems play an important role in rural 
     United States infrastructure; and
       (2) since rural water infrastructure projects are routinely 
     funded under the rural development programs of the Department 
     of Agriculture, Congress should strive to reduce the 
     regulatory and paperwork burdens placed on community water 
     systems.
       (b) Method of Delivering Report.--Section 1414(c)(4)(A) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)(4)(A)) is 
     amended--
       (1) in the first sentence, by striking ``The Administrator, 
     in consultation'' and inserting the following:
       ``(i) In general.--The Administrator, in consultation'';
       (2) in clause (i) (as designated by paragraph (1)), in the 
     first sentence, by striking ``to mail to each customer'' and 
     inserting ``to provide, in accordance with clause (ii) or 
     (iii), as applicable, to each customer''; and
       (3) by adding at the end the following:
       ``(ii) Mailing requirement for violation of maximum 
     contaminant level.--If a violation of the maximum contaminant 
     level for any regulated contaminant has occurred during the 
     year concerned, the regulations under clause (i) shall 
     require the applicable community water system to mail a copy 
     of the consumer confidence report to each customer of the 
     system.
       ``(iii) Mailing requirement absent any violation of maximum 
     contaminant level.--

       ``(I) In general.--If no violation of the maximum 
     contaminant level for any regulated contaminant has occurred 
     during the year concerned, the regulations under clause (i) 
     shall require the applicable community water system to make 
     the consumer confidence report available by, at the 
     discretion of the community water system--

       ``(aa) mailing a copy of the consumer confidence report to 
     each customer of the system; or
       ``(bb) subject to subclause (II), making a copy of the 
     consumer confidence report available on a publicly accessible 
     Internet site of the community water system and by mail, at 
     the request of a customer.

       ``(II) Requirements.--If a community water system elects to 
     provide consumer confidence reports to consumers under 
     subclause (I)(bb), the community water system shall provide 
     to each customer of the community water system, in plain 
     language and in the same manner (such as in printed or 
     electronic form) in which the customer has elected to pay the 
     bill of the customer, notice that--

       ``(aa) the community water system has remained in 
     compliance with the maximum contaminant level for each 
     regulated contaminant during the year concerned; and
       ``(bb) a consumer confidence report is available on a 
     publicly accessible Internet site of the community water 
     system and, on request, by mail.''.
       (c) Conforming Amendments.--Section 1414(c)(4) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)(4)) is amended--
       (1) in subparagraph (C), in the matter preceding clause 
     (i), by striking ``mailing requirement of subparagraph (A)'' 
     and inserting ``mailing requirement of clause (ii) or (iii) 
     of subparagraph (A)''; and
       (2) in subparagraph (D), in the first sentence of the 
     matter preceding clause (i), by striking ``mailing 
     requirement of subparagraph (A)'' and inserting ``mailing 
     requirement of clause (ii) or (iii) of subparagraph (A)''.
       (d) Application; Administrative Actions.--
       (1) In general.--The amendments made by this section take 
     effect on the date that is 90 days after the date of the 
     enactment of this Act.
       (2) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall promulgate any revised regulations 
     and take any other actions necessary to carry out the 
     amendments made by this section.
                                 ______
                                 
  SA 2248. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1 of the amendment, strike line 10 and 
     all that follows through the end of the amendment and insert 
     the following:
       ``(3) State option for cash equivalent of certain 
     percentage of commodities for purchase of locally produced 
     commodities.--For not more than 15 percent of the commodities 
     that a State would otherwise receive for a fiscal year under 
     this Act, the Secretary shall allow the State the option of 
     receiving a cash payment equal to the value of that 
     percentage of the commodities, in lieu of receiving the 
     commodities, to purchase locally produced commodities for use 
     in accordance with this Act.''.
                                 ______
                                 
  SA 2249. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page 8810]]



          Subtitle A--Nutrition Assistance Block Grant Program

     SEC. 4001. NUTRITION ASSISTANCE BLOCK GRANT PROGRAM.

       (a) In General.--For each of fiscal years 2014 through 
     2021, the Secretary shall establish a nutrition assistance 
     block grant program under which the Secretary shall make 
     annual grants to each participating State that establishes a 
     nutrition assistance program in the State and submits to the 
     Secretary annual reports under subsection (d).
       (b) Requirements.--As a requirement of receiving grants 
     under this section, the Governor of each participating State 
     shall certify that the State nutrition assistance program 
     includes--
       (1) work requirements;
       (2) mandatory drug testing; and
       (3) limitations on the eligible uses of benefits that are 
     at least as restrictive as the limitations in place for the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as 
     of May 31, 2012.
       (c) Amount of Grant.--For each fiscal year, the Secretary 
     shall make a grant to each participating State in an amount 
     equal to the product of--
       (1) the amount made available under section 4002 for the 
     applicable fiscal year; and
       (2) the proportion that--
       (A) the number of legal residents in the State whose income 
     does not exceed 100 percent of the poverty line (as defined 
     in section 673(2) of the Community Services Block Grant Act 
     (42 U.S.C. 9902(2), including any revision required by such 
     section)) applicable to a family of the size involved; bears 
     to
       (B) the number of such individuals in all participating 
     States for the applicable fiscal year, based on data for the 
     most recent fiscal year for which data is available.
       (d) Annual Report Requirements.--
       (1) In general.--Not later than January 1 of each year, 
     each State that receives a grant under this section shall 
     submit to the Secretary a report that shall include, for the 
     year covered by the report--
       (A) a description of the structure and design of the 
     nutrition assistance program of the State, including the 
     manner in which residents of the State qualify for the 
     program;
       (B) the cost the State incurs to administer the program;
       (C) whether the State has established a rainy day fund for 
     the nutrition assistance program of the State; and
       (D) general statistics about participation in the nutrition 
     assistance program.
       (2) Audit.--Each year, the Comptroller General of the 
     United States shall--
       (A) conduct an audit on the effectiveness of the 
     nutritional assistance block grant program and the manner in 
     which each participating State is implementing the program; 
     and
       (B) not later than June 30, submit to the appropriate 
     committees of Congress a report describing--
       (i) the results of the audit; and
       (ii) the manner in which the State will carry out the 
     supplemental nutrition assistance program in the State, 
     including eligibility and fraud prevention requirements.
       (e) Use of Funds.--
       (1) In general.--A State that receives a grant under this 
     section may use the grant in any manner determined to be 
     appropriate by the State to provide nutrition assistance to 
     the legal residents of the State.
       (2) Availability of funds.--Grant funds made available to a 
     State under this section shall--
       (A) remain available to the State for a period of 5 years; 
     and
       (B) after that period, shall--
       (i) revert to the Federal Government to be deposited in the 
     Treasury and used for Federal budget deficit reduction; or
       (ii) if there is no Federal budget deficit, be used to 
     reduce the Federal debt in such manner as the Secretary of 
     the Treasury considers appropriate.

     SEC. 4002. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) for fiscal year 2014, $44,400,000,000;
       (2) for fiscal year 2015, $45,500,000,000;
       (3) for fiscal year 2016, $46,600,000,000;
       (4) for fiscal year 2017, $47,800,000,000;
       (5) for fiscal year 2018, $49,000,000,000;
       (6) for fiscal year 2019, $50,200,000,000;
       (7) for fiscal year 2020, $51,500,000,000; and
       (8) for fiscal year 2021, $52,800,000,000.
       (b) Discretionary Cap Adjustment for New Program 
     Spending.--Section 251A(2) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) in subparagraph (B)(ii), by striking the figure and 
     inserting $554,400,000,000;
       (2) in subparagraph (C)(ii), by striking the figure and 
     inserting $565,500,000,000;
       (3) in subparagraph (D)(ii), by striking the figure and 
     inserting $576,600,000,000;
       (4) in subparagraph (E)(ii), by striking the figure and 
     inserting $588,800,000,000;
       (5) in subparagraph (F)(ii), by striking the figure and 
     inserting $602,000,000,000;
       (6) in subparagraph (G)(ii), by striking the figure and 
     inserting $616,200,000,000;
       (7) in subparagraph (H)(ii), by striking the figure and 
     inserting $629,500,000,000; and
       (8) in subparagraph (I)(ii), by striking the figure and 
     inserting $642,800,000,000.

     SEC. 4003. REPEAL.

       (a) In General.--Effective September 30, 2013, the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is repealed.
       (b) Relationship to Other Law.--Any reference in this Act, 
     an amendment made by this Act, or any other Act to the 
     supplemental nutrition assistance program shall be considered 
     to be a reference to the nutrition assistance block grant 
     program under this subtitle.
                                 ______
                                 
  SA 2250. Mr. INHOFE (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 122__. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

       The Administrator of the Environmental Protection Agency 
     shall not propose any new regulation relating to municipal 
     and industrial stormwater discharges under section 402(p) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) 
     until the date on which the Administrator--
       (1) completes the evaluation described in section 122.37 of 
     title 40, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act); and
       (2) submits to Congress a report detailing the results of 
     that evaluation.
                                 ______
                                 
  SA 2251. Mr. INHOFE (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 12207. EXEMPTION FROM SPCC REGULATIONS FOR FARMS.

       (a) In General.--A farm (as defined in section 112.2 of 
     title 40, Code of Federal Regulations (or successor 
     regulations)) with 1 or more diesel or gasoline aboveground 
     storage tanks that have an aggregate storage capacity of less 
     than 12,000 gallons shall be exempt from all spill 
     prevention, control, and countermeasure requirements under 
     part 112 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (b) Certification.--Notwithstanding any other provision of 
     law, for purposes of any spill prevention, control, and 
     countermeasure plan under part 112 of title 40, Code of 
     Federal Regulations (or successor regulations), the 
     Administrator of the Environmental Protection Agency shall 
     allow an owner of any farm to self-certify the plan, 
     regardless of the aboveground fuel storage capacity on the 
     farm.
                                 ______
                                 
  SA 2252. Mrs. FEINSTEIN (for herself, Mr. Blumenthal, Mr. Brown of 
Massachusetts, Ms. Cantwell, Ms. Collins, Mr. Kerry, Mr. Lieberman, Mr. 
Merkley, Mrs. Murray, Mr. Sanders, Mr. Vitter, Mr. Wyden, and Mr. 
Menendez) submitted an amendment intended to be proposed by her to the 
bill S. 3240, to reauthorize agricultural programs through 2017, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 122__. UNIFORM NATIONAL STANDARD FOR HOUSING AND 
                   TREATMENT OF EGG-LAYING HENS.

       (a) Short Title.--This section may be cited as the ``Egg 
     Products Inspection Act Amendments of 2012''.
       (b) Hen Housing and Treatment Standards.--
       (1) Definitions.--Section 4 of the Egg Products Inspection 
     Act (21 U.S.C. 1033) is amended--
       (A) by redesignating subsection (a) as subsection (c);
       (B) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (f), (g), (h), (i), (j), and (k), 
     respectively;
       (C) by redesignating subsections (h) and (i) as subsections 
     (n) and (o), respectively;
       (D) by redesignating subsections (j), (k), and (l) as 
     subsections (r), (s), and (t), respectively;
       (E) by redesignating subsections (m), (n), (o), (p), (q), 
     (r), (s), (t), (u), (v), (w), (x), (y), and (z) as 
     subsections (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), 
     (ee), (ff), (gg), (hh), and (ii), respectively;
       (F) by inserting before subsection (c), as redesignated by 
     paragraph (1), the following new subsections:
       ``(a) The term `adequate environmental enrichments' means 
     adequate perch space, dust bathing or scratching areas, and 
     nest space, as defined by the Secretary of Agriculture, based 
     on the best available science, including the most recent 
     studies available at the time that the Secretary defines the 
     term. The Secretary shall issue regulations defining this 
     term not later than January 1, 2017, and the final 
     regulations shall go into effect on December 31, 2018.

[[Page 8811]]

       ``(b) The term `adequate housing-related labeling' means a 
     conspicuous, legible marking on the front or top of a package 
     of eggs accurately indicating the type of housing that the 
     egg-laying hens were provided during egg production, in one 
     of the following formats:
       ``(1) `Eggs from free-range hens' to indicate that the egg-
     laying hens from which the eggs or egg products were derived 
     were, during egg production--
       ``(A) not housed in caging devices; and
       ``(B) provided with outdoor access.
       ``(2) `Eggs from cage-free hens' to indicate that the egg-
     laying hens from which the eggs or egg products were derived 
     were, during egg production, not housed in caging devices.
       ``(3) `Eggs from enriched cages' to indicate that the egg-
     laying hens from which the eggs or egg products were derived 
     were, during egg production, housed in caging devices that--
       ``(A) contain adequate environmental enrichments; and
       ``(B) provide the hens a minimum of 116 square inches of 
     individual floor space per brown hen and 101 square inches of 
     individual floor space per white hen.
       ``(4) `Eggs from caged hens' to indicate that the egg-
     laying hens from which the eggs or egg products were derived 
     were, during egg production, housed in caging devices that 
     either--
       ``(A) do not contain adequate environmental enrichments; or
       ``(B) do not provide the hens a minimum of 116 square 
     inches of individual floor space per brown hen and 101 square 
     inches of individual floor space per white hen.'';
       (G) by inserting after subsection (c), as redesignated by 
     subparagraph (A), the following new subsections:
       ``(d) The term `brown hen' means a brown egg-laying hen 
     used for commercial egg production.
       ``(e) The term `caging device' means any cage, enclosure, 
     or other device used for the housing of egg-laying hens for 
     the production of eggs in commerce, but does not include an 
     open barn or other fixed structure without internal caging 
     devices.'';
       (H) by inserting after subsection (k), as redesignated by 
     subparagraph (B), the following new subsections:
       ``(l) The term `egg-laying hen' means any female 
     domesticated chicken, including white hens and brown hens, 
     used for the commercial production of eggs for human 
     consumption.
       ``(m) The term `existing caging device' means any caging 
     device that was continuously in use for the production of 
     eggs in commerce up through and including December 31, 
     2011.'';
       (I) by inserting after subsection (o), as redesignated by 
     subparagraph (C), the following new subsections:
       ``(p) The term `feed-withdrawal molting' means the practice 
     of preventing food intake for the purpose of inducing egg-
     laying hens to molt.
       ``(q) The term `individual floor space' means the amount of 
     total floor space in a caging device available to each egg-
     laying hen in the device, which is calculated by measuring 
     the total floor space of the caging device and dividing by 
     the total number of egg-laying hens in the device.'';
       (J) by inserting after subsection (t), as redesignated by 
     subparagraph (D), the following new subsection:
       ``(u) The term `new caging device' means any caging device 
     that was not continuously in use for the production of eggs 
     in commerce on or before December 31, 2011.''; and
       (K) by inserting at the end the following new subsections:
       ``(jj) The term `water-withdrawal molting' means the 
     practice of preventing water intake for the purpose of 
     inducing egg-laying hens to molt.
       ``(kk) The term `white hen' means a white egg-laying hen 
     used for commercial egg production.''.
       (2) Housing and treatment of egg-laying hens.--The Egg 
     Products Inspection Act (21 U.S.C. 1031 et seq.) is amended 
     by inserting after section 7 the following new sections:

     ``Sec.  7A. Housing and treatment of egg-laying hens

       ``(a) Environmental Enrichments.--
       ``(1) Existing caging devices.--All existing caging devices 
     must provide egg-laying hens housed therein, beginning 15 
     years after the date of enactment of the Egg Products 
     Inspection Act Amendments of 2012, adequate environmental 
     enrichments.
       ``(2) New caging devices.--All new caging devices must 
     provide egg-laying hens housed therein, beginning nine years 
     after the date of enactment of the Egg Products Inspection 
     Act Amendments of 2012, adequate environmental enrichments.
       ``(3) Caging devices in california.--All caging devices in 
     California must provide egg-laying hens housed therein, 
     beginning December 31, 2018, adequate environmental 
     enrichments.
       ``(b) Floor Space.--
       ``(1) Existing caging devices.--All existing cages devices 
     must provide egg-laying hens housed therein--
       ``(A) beginning four years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012 and until 
     the date that is 15 years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012, a minimum of 
     76 square inches of individual floor space per brown hen and 
     67 square inches of individual floor space per white hen; and
       ``(B) beginning 15 years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012, a minimum of 
     144 square inches of individual floor space per brown hen and 
     124 square inches of individual floor space per white hen.
       ``(2) New caging devices.--Except as provided in paragraph 
     (3), all new caging devices must provide egg-laying hens 
     housed therein--
       ``(A) beginning three years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012 and until 
     the date that is six years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012, a minimum of 
     90 square inches of individual floor space per brown hen and 
     78 square inches of individual floor space per white hen;
       ``(B) beginning six years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012 and until 
     the date that is nine years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012, a minimum 
     of 102 square inches of individual floor space per brown hen 
     and 90 square inches of individual floor space per white hen;
       ``(C) beginning nine years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012 and until 
     the date that is 12 years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012, a minimum of 
     116 square inches of individual floor space per brown hen and 
     101 square inches of individual floor space per white hen;
       ``(D) beginning 12 years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012 and until the 
     date that is 15 years after the date of enactment of the Egg 
     Products Inspection Act Amendments of 2012, a minimum of 130 
     square inches of individual floor space per brown hen and 113 
     square inches of individual floor space per white hen; and
       ``(E) beginning 15 years after the date of enactment of the 
     Egg Products Inspection Act Amendments of 2012, a minimum of 
     144 square inches of individual floor space per brown hen and 
     124 square inches of individual floor space per white hen.
       ``(3) California caging devices.--All caging devices in 
     California must provide egg-laying hens housed therein--
       ``(A) beginning January 1, 2015, and through December 31, 
     2020, a minimum of 134 square inches of individual floor 
     space per brown hen and 116 square inches of individual floor 
     space per white hen; and
       ``(B) beginning January 1, 2021, a minimum of 144 square 
     inches of individual floor space per brown hen and 124 square 
     inches of individual floor space per white hen.
       ``(c) Air Quality.--Beginning two years after the date of 
     enactment of the Egg Products Inspection Act Amendments of 
     2012, an egg handler shall provide all egg-laying hens under 
     his ownership or control with acceptable air quality, which 
     does not exceed more than 25 parts per million of ammonia 
     during normal operations.
       ``(d) Forced Molting.--Beginning two years after the date 
     of enactment of the Egg Products Inspection Act Amendments of 
     2012, no egg handler may subject any egg-laying hen under his 
     ownership or control to feed-withdrawal or water-withdrawal 
     molting.
       ``(e) Euthanasia.--Beginning two years after the date of 
     enactment of the Egg Products Inspection Act Amendments of 
     2012, an egg handler shall provide, when necessary, all egg-
     laying hens under his ownership or control with euthanasia 
     that is humane and uses a method deemed `Acceptable' by the 
     American Veterinary Medical Association.
       ``(f) Prohibition on New Unenrichable Cages.--No person 
     shall build, construct, implement, or place into operation 
     any new caging device for the production of eggs to be sold 
     in commerce unless the device--
       ``(1) provides the egg-laying hens to be contained therein 
     a minimum of 76 square inches of individual floor space per 
     brown hen or 67 square inches of individual floor space per 
     white hen; and
       ``(2) is capable of being adapted to accommodate adequate 
     environmental enrichments.
       ``(g) Exemptions.--
       ``(1) Recently-installed existing caging devices.--The 
     requirements contained in subsections (a)(1) and (b)(1)(B) 
     shall not apply to any existing caging device that was first 
     placed into operation between January 1, 2008, and December 
     31, 2011. This exemption shall expire 18 years after the date 
     of enactment of the Egg Products Inspection Act Amendments of 
     2012, at which time the requirements contained in subsections 
     (a)(1) and (b)(1)(B) shall apply to all existing caging 
     devices.
       ``(2) Hens already in production.--The requirements 
     contained in subsections (a)(1), (a)(2), (b)(1)(B), and 
     (b)(2) shall not apply to any caging device containing egg-
     laying hens who are already in egg production on the date 
     that such requirement takes effect. This exemption shall 
     expire on the date that such egg-laying hens are removed from 
     egg production.
       ``(3) Small producers.--Nothing contained in this section 
     shall apply to an egg handler

[[Page 8812]]

     who buys, sells, handles, or processes eggs or egg products 
     solely from one flock of not more than 3,000 egg-laying hens.

     ``Sec.  7B. Phase-in conversion requirements

       ``(a) First Conversion Phase.--As of six years after the 
     date of enactment of the Egg Products Inspection Act 
     Amendments of 2012, at least 25 percent of the egg-laying 
     hens in commercial egg production shall be housed either in 
     new caging devices or in existing caging devices that provide 
     the hens contained therein with a minimum of 102 square 
     inches of individual floor space per brown hen and 90 square 
     inches of individual floor space per white hen.
       ``(b) Second Conversion Phase.--As of 12 years after the 
     date of enactment of the Egg Products Inspection Act 
     Amendments of 2012, at least 55 percent of the egg-laying 
     hens in commercial egg production shall be housed either in 
     new caging devices or in existing caging devices that provide 
     the hens contained therein with a minimum of 130 square 
     inches of individual floor space per brown hen and 113 square 
     inches of individual floor space per white hen.
       ``(c) Final Conversion Phase.--As of December 31, 2029, all 
     egg-laying hens confined in caging devices shall be provided 
     adequate environmental enrichments and a minimum of 144 
     square inches of individual floor space per brown hen and 124 
     square inches of individual floor space per white hen.
       ``(d) Compliance.--
       ``(1) At the end of six years after the date of enactment 
     of the Egg Products Inspection Act Amendments of 2012, the 
     Secretary shall determine, after having reviewed and analyzed 
     the results of an independent, national survey of caging 
     devices conducted in 2018, whether the requirements of 
     subsection (a) have been met. If the Secretary finds that the 
     requirements of subsection (a) have not been met, then 
     beginning January 1, 2020, the floor space requirements 
     (irrespective of the date such requirements expire) related 
     to new caging devices contained in subsection (b)(2)(B) of 
     section 7A shall apply to existing caging devices placed into 
     operation prior to January 1, 1995.
       ``(2) At the end of 12 years after the date of enactment of 
     the Egg Products Inspection Act Amendments of 2012, and again 
     after December 31, 2029, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on compliance with subsections (b) and (c).
       ``(3) Notwithstanding section 12, the remedies provided in 
     this subsection shall be the exclusive remedies for 
     violations of this section.''.
       (3) Inspections.--Section 5 of the Egg Products Inspection 
     Act (21 U.S.C. 1034) is amended--
       (A) in subsection (d), by inserting ``(other than 
     requirements with respect to housing, treatment, and house-
     related labeling)'' after ``as he deems appropriate to assure 
     compliance with such requirements''; and
       (B) in subsection (e)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``and'';
       (II) by redesignating subparagraph (B) as subparagraph (C);
       (III) by inserting after subparagraph (A) the following new 
     subparagraph:

       ``(B) are derived from egg-laying hens housed and treated 
     in compliance with section 7A; and''; and

       (IV) in subparagraph (C), as redesignated by subclause 
     (II), by inserting ``adequate housing-related labeling and'' 
     after ``contain'';

       (ii) in paragraph (2), by striking ``In the case of a shell 
     egg packer'' and inserting ``In the cases of an egg handler 
     with a flock of more than 3,000 egg-laying hens and a shell 
     egg packer'';
       (iii) in paragraph (3), by inserting ``(other than 
     requirements with respect to housing, treatment, and housing-
     related labeling)'' after ``to ensure compliance with the 
     requirements of paragraph (1)''; and
       (iv) in paragraph (4), by striking ``with a flock of not 
     more than 3,000 layers.'' and inserting ``who buys, sells, 
     handles, or processes eggs or egg products solely from one 
     flock of not more than 3,000 egg-laying hens.''.
       (4) Labeling.--Section 7 of the Egg Products Inspection Act 
     of 1970 (21 U.S.C. 1036) is amended in subsection (a) by 
     inserting ``adequate housing-related labeling,'' after 
     ``plant where the products were processed,''.
       (5) Limitation on exemptions by secretary.--Section 15 of 
     the Egg Products Inspection Act of 1970 (21 U.S.C. 1044) is 
     amended in subsection (a) by inserting ``, not including 
     subsection (c) of section 8,'' after ``exempt from specific 
     provisions''.
       (6) Imports.--Section 17 of the Egg Products Inspection Act 
     of 1970 (21 U.S.C. 1046) is amended in paragraph (2) of 
     subsection (a) by striking ``subdivision thereof and are 
     labeled and packaged'' and inserting ``subdivision thereof; 
     and no eggs or egg products capable of use as human food 
     shall be imported into the United States unless they are 
     produced, labeled, and packaged''.
       (c) Enforcement of Hen Housing and Treatment Standards.--
       (1) In general.--Section 8 of the Egg Products Inspection 
     Act (21 U.S.C. 1037) is amended--
       (A) by redesignating subsections (c), (d), (e), and (f) as 
     subsections (d), (e), (f), and (g), respectively;
       (B) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) No person shall buy, sell, or transport, or offer 
     to buy or sell, or offer or receive for transportation, in 
     any business or commerce any eggs or egg products derived 
     from egg-laying hens housed or treated in violation of any 
     provision of section 7A.
       ``(2) No person shall buy, sell, or transport, or offer to 
     buy or sell, or offer or receive for transportation, in any 
     business or commerce any eggs or egg products derived from 
     egg-laying hens unless the container or package, including 
     any immediate container, of the eggs or egg products, 
     beginning one year after the date of enactment of the Egg 
     Products Inspection Act Amendments of 2012, contains adequate 
     housing-related labeling.
       ``(3) No person shall buy, sell, or transport, or offer to 
     buy or sell, or offer or receive for transportation, in any 
     business or commerce, in California, any eggs or egg products 
     derived from egg-laying hens unless the egg-laying hens are--
       ``(A) provided--
       ``(i) beginning January 1, 2015, and through December 31, 
     2020, a minimum of 134 square inches of individual floor 
     space per brown hen and 116 square inches of individual floor 
     space per white hen; and
       ``(ii) beginning January 1, 2021, a minimum of 144 square 
     inches of individual floor space per brown hen and 124 square 
     inches of individual floor space per white hen; and
       ``(B) provided, beginning December 31, 2018, adequate 
     environmental enrichments.''; and
       (C) in subsection (e), as redesignated by subparagraph (A), 
     by inserting ``7A,'' after ``section''.
       (2) Limitation on authority of secretary of health and 
     human services.--Section 13 of the Egg Products Inspection 
     Act of 1970 (21 U.S.C. 1042) is amended by inserting ``(with 
     respect to violations other than those related to 
     requirements with respect to housing, treatment, and housing-
     related labeling) the'' after ``Before any violation of this 
     chapter is reported by the Secretary of Agriculture or''.
       (d) State and Local Authority.--Section 23 of the Egg 
     Products Inspection Act (21 U.S.C. 1052) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Prohibition Against Additional or Different 
     Requirements Than Federal Requirements Related to Minimum 
     Space Allotments for Housing Egg-Laying Hens in Commercial 
     Egg Production.--Requirements within the scope of this 
     chapter with respect to minimum floor space allotments or 
     enrichments for egg-laying hens housed in commercial egg 
     production which are in addition to or different than those 
     made under this chapter may not be imposed by any State or 
     local jurisdiction. Otherwise the provisions of this chapter 
     shall not invalidate any law or other provisions of any State 
     or other jurisdiction in the absence of a conflict with this 
     chapter.''; and
       (3) by inserting after subsection (e), as redesignated by 
     paragraph (1), the following new subsection:
       ``(f) Role of California Department of Food and 
     Agriculture.--With respect to eggs produced, shipped, 
     handled, transported or received in California prior to the 
     date that is 18 years after the date of enactment of the Egg 
     Products Inspection Act Amendments of 2012, the Secretary 
     shall delegate to the California Department of Food and 
     Agriculture the authority to enforce sections 7A(a)(3), 
     7A(b)(3), 8(c)(3), and 11.''.
                                 ______
                                 
  SA 2253. Mr. SANDERS (for himself and Mr. Blumenthal) 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. 122_. ENERGY MARKETS.

       (a) Findings.--Congress finds that--
       (1) the Commodity Futures Trading Commission was created as 
     an independent agency, in 1974, with a mandate--
       (A) to enforce and administer the Commodity Exchange Act (7 
     U.S.C. 1 et seq.);
       (B) to ensure market integrity;
       (C) to protect market users from fraud and abusive trading 
     practices; and
       (D) to prevent and prosecute manipulation of the price of 
     any commodity in interstate commerce;
       (2) Congress declared in section 4a of the Commodity 
     Exchange Act (7 U.S.C. 6a) that excessive speculation imposes 
     an undue and unnecessary burden on interstate commerce;
       (3) title VII of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (15 U.S.C. 8301 et seq.) (and 
     amendments made by that Act) required the Commission to 
     establish position limits ``to diminish, eliminate, or 
     prevent excessive speculation'' for trading in crude oil, 
     gasoline, heating oil, diesel fuel, jet fuel, and other 
     physical commodity derivatives by January 17, 2011;
       (4) the Commission has failed to impose position limits to 
     diminish, eliminate, or prevent excessive oil and gasoline 
     speculation as required by law;

[[Page 8813]]

       (5) according to an article published in Forbes on February 
     27, 2012, excessive oil speculation ``translates out into a 
     premium for gasoline at the pump of $.56 a gallon'' based on 
     a recent report from Goldman Sachs;
       (6) on May 25, 2012--
       (A) the supply of commercial crude oil in the United States 
     was higher than the supply was on May 22, 2009, when the 
     national average price for a gallon of regular unleaded 
     gasoline was less than $2.45; and
       (B) demand for gasoline in the United States was lower than 
     demand was on May 22, 2009;
       (7) on June 6, 2012, the national average price of regular 
     unleaded gasoline was $3.57 a gallon, more than $1 per gallon 
     more than 3 years ago when commercial crude oil supplies were 
     lower and demand was higher;
       (8) during the last quarter of 2011, according to the 
     International Energy Agency--
       (A) the world oil supply rose by 1,300,000 barrels per day 
     while demand only increased by 700,000 barrels per day; but
       (B) the price of Texas light sweet crude rose by more than 
     12 percent;
       (9) on November 3, 2011, Gary Gensler, the Chairman of the 
     Commodity Futures Trading Commission testified before the 
     Senate Permanent Subcommittee on Investigations that ``80 to 
     87 percent of the [oil futures] market'' is dominated by 
     ``financial participants, swap dealers, hedge funds, and 
     other financials,'' a figure that has more than doubled over 
     the prior decade;
       (10) excessive oil and gasoline speculation is creating 
     major market disturbances that prevent the market from 
     accurately reflecting the forces of supply and demand; and
       (11) the Commodity Futures Trading Commission has a 
     responsibility--
       (A) to ensure that the price discovery for oil and gasoline 
     accurately reflects the fundamentals of supply and demand; 
     and
       (B) to take immediate action to implement strong and 
     meaningful position limits to regulated exchange markets to 
     eliminate excessive oil speculation.
       (b) Actions.--Notwithstanding any other provision of law, 
     not later than 30 days after the date of enactment of this 
     Act, the Commodity Futures Trading Commission shall use the 
     authority of the Commission (including emergency powers, if 
     necessary)--
       (1) to implement position limits that will diminish, 
     eliminate, or prevent excessive speculation in the trading of 
     crude oil, gasoline, heating oil, diesel fuel, jet fuel, and 
     other physical commodity derivatives as required under title 
     VII of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (15 U.S.C. 8301 et seq.) (and amendments made 
     by that Act); and
       (2) to curb immediately the role of excessive speculation 
     in any contract market within the jurisdiction and control of 
     the Commission, on or through which energy futures or swaps 
     are traded.
                                 ______
                                 
  SA 2254. Mr. SANDERS 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 914, line 14, strike ``Section'' and insert the 
     following:
       (a) Definition of Biomass Consumer Cooperative.--Section 
     9013(a) of the Farm Security and Rural Investment Act of 2002 
     (7 U.S.C. 8113(a)) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Biomass consumer cooperative.--The term `biomass 
     consumer cooperative' means a consumer membership 
     organization the purpose of which is to provide members with 
     services or discounts relating to the purchase of biomass 
     heating products or biomass heating systems.''.
       (b) Grant Program.--Section 9013(b)(1) of the Farm Security 
     and Rural Investment Act of 2002 (7 U.S.C. 8113(b)(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) grants of up to $50,000 to biomass consumer 
     cooperatives for the purpose of establishing or expanding 
     biomass consumer cooperatives that will provide consumers 
     with services or discounts relating to--
       ``(i) the purchase of biomass heating systems;
       ``(ii) biomass heating products, including wood chips, wood 
     pellets, and advanced biofuels; or
       ``(iii) the delivery and storage of biomass of heating 
     products.''.
       (c) Matching Funds.--Section 9013(d) of the Farm Security 
     and Rural Investment Act of 2002 (7 U.S.C. 8113(d)) is 
     amended--
       (1) by striking ``A State or local government that receives 
     a grant under subsection (b)'' and inserting the following:
       ``(1) State and local governments.--A State or local 
     government that receives a grant under subparagraph (A) or 
     (B) of subsection (b)(1)''; and
       (2) by adding at the end the following:
       ``(2) Biomass consumer cooperatives.--A biomass consumer 
     cooperative that receives a grant under subsection (b)(1)(C) 
     shall contribute an amount of non-Federal funds (which may 
     include State, local, and nonprofit funds and membership 
     dues) toward the establishment or expansion of a biomass 
     consumer cooperative that is at least equal to 50 percent of 
     the amount of Federal funds received for that purpose.''.
       (d) Authorization of Appropriations.--Section
                                 ______
                                 
  SA 2255. Mr. SANDERS (for himself, Mr. Leahy, and Mrs. Gillibrand) 
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 193, strike lines 7 through 13 and insert the 
     following:
       (1) by striking paragraphs (2) and (3); and
       (2) by redesignating paragraphs (4) through (6) as 
     paragraphs (2) through (4), respectively.
       On page 195, line 25, strike ``and''.
       On page 196, strike line 16 and insert the following:

     mined by the Secretary.''; and
       (6) in subsection (i)--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (B) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Eligibility requirements.--As a condition of 
     receiving payments under this subsection, a producer shall 
     agree to develop and implement conservation practices for 
     certified organic production that are consistent with the 
     regulations promulgated under the Organic Foods Production 
     Act of 1990 (7 U.S.C. 6501 et seq.) and the purposes of this 
     Act.
       ``(3) Coordination with organic certification.--The 
     Secretary shall establish a transparent means by which 
     producers may initiate organic certification under the 
     Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) 
     while participating in a contract under this Act.
       ``(4) Planning.--
       ``(A) In general.--The Secretary shall provide planning 
     assistance to producers transitioning to certified organic 
     production consistent with the requirements of the Organic 
     Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and the 
     purposes of this Act.
       ``(B) Avoidance of duplication.--The Secretary, to the 
     maximum extent practicable, shall eliminate duplication of 
     planning activities for a producer participating in a 
     contract under this Act and initiating or maintaining organic 
     certification in accordance with the Organic Foods Production 
     Act of 1990 (7 U.S.C. 6501 et seq.).''.
                                 ______
                                 
  SA 2256. Mr. SANDERS (for himself and Mrs. Boxer) 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. CONSUMERS RIGHT TO KNOW ABOUT GENETICALLY 
                   ENGINEERED FOOD ACT.

       (a) Short Title.--This section may be cited as the 
     ``Consumers Right to Know About Genetically Engineered Food 
     Act''.
       (b) Findings.--Congress finds that--
       (1) surveys of the American public consistently show that 
     90 percent or more of the people of the United States want 
     genetically engineered or modified foods to be labeled as 
     such;
       (2) a landmark public health study in Canada found that--
       (A) 93 percent of pregnant women had detectable toxins from 
     genetically engineered or modified foods in their blood; and
       (B) 80 percent of the babies of those women had detectable 
     toxins in their umbilical cords;
       (3) the tenth Amendment to the Constitution of the United 
     States clearly reserves powers in the system of Federalism to 
     the States or to the people; and
       (4) States have the authority to require the labeling of 
     foods produced through genetic engineering or derived from 
     organisms that have been genetically engineered.
       (c) Definitions.--In this section:
       (1) Genetic engineering.--
       (A) In general.--The term ``genetic engineering'' means a 
     process that alters an organism at the molecular or cellular 
     level by means that are not possible under natural conditions 
     or processes.
       (B) Inclusions.--The term ``genetic engineering'' 
     includes--
       (i) recombinant DNA and RNA techniques;
       (ii) cell fusion;
       (iii) microencapsulation;
       (iv) macroencapsulation;
       (v) gene deletion and doubling;
       (vi) introduction of a foreign gene; and
       (vii) changing the position of genes.
       (C) Exclusions.--The term ``genetic engineering'' does not 
     include any modification to an organism that consists 
     exclusively of--
       (i) breeding;
       (ii) conjugation;

[[Page 8814]]

       (iii) fermentation;
       (iv) hybridization;
       (v) in vitro fertilization; or
       (vi) tissue culture.
       (2) Genetically engineered and genetically modified 
     ingredient.--The term ``genetically engineered and 
     genetically modified ingredient'' means any ingredient in any 
     food, beverage, or other edible product that--
       (A) is, or is derived from, an organism that is produced 
     through the intentional use of genetic engineering; or
       (B) is, or is derived from, the progeny of intended sexual 
     reproduction, asexual reproduction, or both of 1 or more 
     organisms described in subparagraph (A).
       (d) Right to Know.--Notwithstanding any other Federal law 
     (including regulations), a State may require that any food, 
     beverage, or other edible product offered for sale in that 
     State have a label on the container or package of the food, 
     beverage, or other edible product, indicating that the food, 
     beverage, or other edible product contains a genetically 
     engineered or genetically modified ingredient.
       (e) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of Food and Drugs and 
     the Secretary of Agriculture shall promulgate such 
     regulations as are necessary to carry out this section.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commissioner of Food and Drugs, in 
     consultation with the Secretary of Agriculture, shall submit 
     a report to Congress detailing the percentage of food and 
     beverages sold in the United States that contain genetically 
     engineered or genetically modified ingredients.
                                 ______
                                 
  SA 2257. Mr. SANDERS 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. AGRICULTURAL PRODUCER PROTECTION ACT.

       (a) Short Title.--This section may be cited as the ``Farmer 
     Protection Act''.
       (b) Definitions.--In this section:
       (1) Agricultural producers of nongenetically engineered 
     products.--The term ``agricultural producer of nongenetically 
     engineered products'' means any agricultural producer who 
     produces seeds, crops, plants, or products without 
     genetically engineered products.
       (2) Biotech company.--The term ``biotech company'' means a 
     person--
       (A) engaged in the business of genetically engineering a 
     seed, crop, plant, product, or organism; or
       (B) that owns the patent rights to a genetically engineered 
     product for the purpose of commercial exploitation of that 
     genetically engineered product.
       (3) Contamination.--The term ``contamination'' means the 
     unwanted trespass, whether through pollination or other 
     means, of a genetically engineered product into the seed, 
     crop, plant, or product of an agricultural producer who does 
     not use genetically engineered products.
       (4) Genetic engineering.--
       (A) In general.--The term ``genetic engineering'' means a 
     process that alters an organism at the molecular or cellular 
     level by means that are not possible under natural conditions 
     or processes.
       (B) Inclusions.--The term ``genetic engineering'' 
     includes--
       (i) recombinant DNA and RNA techniques;
       (ii) cell fusion;
       (iii) microencapsulation;
       (iv) macroencapsulation;
       (v) gene deletion and doubling;
       (vi) introduction of a foreign gene; and
       (vii) changing the position of genes.
       (C) Exclusions.--The term ``genetic engineering'' does not 
     include any modification to an organism that consists 
     exclusively of--
       (i) breeding;
       (ii) conjugation;
       (iii) fermentation;
       (iv) hybridization;
       (v) in vitro fertilization; or
       (vi) tissue culture.
       (5) Genetically engineered product.--The term ``genetically 
     engineered product'' means any seed, crop, plan, product, or 
     organism that--
       (A) is, or is derived from, an organism that is produced 
     through the intentional use of genetic engineering; or
       (B) is, or is derived from, the progeny of intended sexual 
     reproduction, asexual reproduction, or both of 1 or more 
     organisms described in subparagraph (A).
       (c) Liability of Agricultural Producers of Nongenetically 
     Engineered Products.--
       (1) In general.--No agricultural producer shall be liable 
     to a biotech company under any provision of Federal, State, 
     or local law, including for injury, monetary damages, or 
     patent infringement, resulting from the contamination of the 
     seeds, crops, products, or plants of the agricultural 
     producer by a genetically engineered product that is created, 
     produced, or distributed by the biotech company.
       (2) Waiver.--The liability described in paragraph (1) shall 
     not be waived or otherwise avoided by contract.
       (d) Private Right of Action by Agricultural Producers of 
     Nongenetically Engineered Products.--Any agricultural 
     producer of nongenetically engineered products whose seeds, 
     crops, plants, or products are contaminated by a genetically 
     engineered product may, in a civil action in a court of 
     competent jurisdiction, bring an action against a biotech 
     company for monetary damages for injury to the agricultural 
     producer caused by the genetically engineered product.
       (e) Attorney's Fees.--The court may award a reasonable 
     attorney's fee to the prevailing plaintiff in an action 
     brought under subsection (d).
                                 ______
                                 
  SA 2258. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 335, strike line 20.
       On page 336, strike line 13 and insert the following:

     carry out this section.''; and
       (3) in subsection (c)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) maximizing the use of commercial kitchens (such as 
     kitchens operated by schools, food banks, and other public, 
     nonprofit, or private entities) for the purpose of light-
     processing local agricultural products to create additional 
     markets for producers, reduce hunger, and promote 
     nutrition;''.
                                 ______
                                 
  SA 2259. Mr. ENZI (for himself 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 998, between lines 7 and 8, insert the following:

     SEC. 121__. LIMITATION ON USE OF ANTI-COMPETITIVE FORWARD 
                   CONTRACTS.

       (a) In General.--Section 202 of the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 192), is amended--
       (1) by striking ``Sec. 202. It shall be'' and inserting the 
     following:

     ``SEC. 202. UNLAWFUL PRACTICES.

       ``(a) In General.--It shall be'';
       (2) by striking ``to:'' and inserting ``to--'';
       (3) by redesignating subsections (a), (b), (c), (d), (e), 
     (f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and 
     (8), respectively, and indenting appropriately;
       (4) in paragraph (7) (as redesignated by paragraph (3)), by 
     designating paragraphs (1), (2), and (3) as subparagraphs 
     (A), (B), and (C), respectively, and indenting appropriately;
       (5) in paragraph (8) (as redesignated by paragraph (3)), by 
     striking ``subdivision (a), (b), (c), (d), or (e)'' and 
     inserting ``paragraph (1), (2), (3), (4), (5), or (6)'';
       (6) in each of paragraphs (1), (2), (3), (4), (5), (7), and 
     (8) (as redesignated by paragraph (3)), by striking the first 
     capital letter of the first word in the paragraph and 
     inserting the same letter in the lower case;
       (7) in each of paragraphs (1) through (5) (as redesignated 
     by paragraph (3)), by striking ``or'' at the end;
       (8) by inserting after paragraph (5) (as redesignated by 
     paragraph (3)) the following:
       ``(6) except as provided in subsection (c), use, in 
     effectuating any sale of livestock, a forward contract that--
       ``(A) does not contain a firm base price that may be 
     equated to a fixed dollar amount on the day on which the 
     forward contract is entered into; or
       ``(B) is based on a formula price.''; and
       (9) by adding at the end the following:
       ``(b) Exemption for Cooperatives.--Subsection (a)(6) shall 
     not apply to--
       ``(1) a cooperative or entity owned by a cooperative, if a 
     majority of the ownership interest in the cooperative is held 
     by active cooperative members that--
       ``(A) own, feed, or control livestock; and
       ``(B) provide the livestock to the cooperative for 
     slaughter;
       ``(2) a packer that is not required to report to the 
     Secretary on each reporting day (as defined in section 212 of 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) 
     information on the price and quantity of livestock purchased 
     by the packer; or
       ``(3) a packer that owns 1 livestock processing plant.''.
       (b) Definitions.--Section 2(a) of the Packers and 
     Stockyards Act, 1921 (7 U.S.C. 182(a)) is amended by adding 
     at the end the following:
       ``(15) Firm base price.--The term `firm base price' means a 
     transaction using a reference price from an external source.
       ``(16) Formula price.--
       ``(A) In general.--The term `formula price' means any price 
     term that establishes a base from which a purchase price is 
     calculated on the basis of a price that will not be 
     determined or reported until a date after the day the forward 
     price is established.
       ``(B) Exclusion.--The term `formula price' does not 
     include--

[[Page 8815]]

       ``(i) any price term that establishes a base from which a 
     purchase price is calculated on the basis of a futures market 
     price; or
       ``(ii) any adjustment to the base for quality, grade, or 
     other factors relating to the value of livestock or livestock 
     products that are readily verifiable market factors and are 
     outside the control of the packer.
       ``(17) Forward contract.--The term `forward contract' means 
     an oral or written contract for the purchase of livestock 
     that provides for the delivery of the livestock to a packer 
     at a date that is more than 7 days after the date on which 
     the contract is entered into, without regard to whether the 
     contract is for--
       ``(A) a specified lot of livestock; or
       ``(B) a specified number of livestock over a certain period 
     of time.''.
                                 ______
                                 
  SA 2260. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 12106. ALTERNATIVE MARKETING ARRANGEMENTS.

       (a) Definitions.--Section 221 of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1635d) is amended--
       (1) by redesignating paragraphs (1) through (8) as 
     paragraphs (2) through (9), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Alternative marketing arrangement.--The term 
     `alternative marketing arrangement' means the advance 
     commitment of cattle for slaughter by any means--
       ``(A) other than a negotiated purchase or forward contract; 
     and
       ``(B) that does not use a method for calculating price in 
     which the price is determined at a future date.''.
       (b) Mandatory Reporting for Live Cattle.--Section 222(d)(1) 
     of the Agricultural Marketing Act of 1946 (7 U.S.C. 
     1635e(d)(1)) is amended by adding at the end the following:
       ``(F) The quantity of cattle delivered under an alternative 
     marketing arrangement that were slaughtered.''.
                                 ______
                                 
  SA 2261. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 122___. NUMERIC NUTRIENT CRITERIA.

       (a) Short Title.--This section may be cited as the ``State 
     Waters Partnership Act of 2012''.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Florida amended rule.--The term ``Florida amended 
     rule'' means chapters 62-302 and 62-303 of the Florida 
     Administrative Code, as approved for adoption by the Florida 
     Environmental Regulation Commission on December 8, 2011, and 
     submitted on December 9, 2011, to the Florida Legislature for 
     ratification.
       (3) January 14, 2009, determination.--The term ``January 
     14, 2009, determination'' means the determination issued by 
     the Administrator on January 14, 2009, under section 
     303(c)(4)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1313(c)(4)(B)), regarding numeric nutrient criteria 
     for the State of Florida.
       (4) Numeric nutrient criteria.--The term ``numeric nutrient 
     criteria'' means specific numerical criteria for any species 
     of nitrogen or phosphorus developed to meet the water quality 
     requirements of section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (c) Numeric Nutrient Criteria.--
       (1) In general.--The Administrator shall not propose, 
     promulgate, or enforce any numeric nutrient criteria for any 
     stream, lake, spring, canal, estuary, or marine water of the 
     State of Florida based on the January 15, 2009, determination 
     until the Administrator makes a final determination in 
     accordance with section 303(c) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313(c)) regarding the Florida amended 
     rule.
       (2) Withdrawal of regulations.--If the Administrator 
     determines under section 303(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1313(c)) that the Florida 
     amended rule meets the requirements of that Act (33 U.S.C. 
     1251 et seq.)--
       (A) the Administrator shall not enforce, and shall 
     withdraw, section 131.43 of title 40, Code of Federal 
     Regulations (or a successor regulation), in its entirety; and
       (B) shall not propose or promulgate any numeric nutrient 
     criteria for any stream, lake, spring, canal, estuary, or 
     marine water of the State of Florida based on the January 14, 
     2009, determination.
                                 ______
                                 
  SA 2262. Mr. DeMINT 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. _____. SENSE OF THE SENATE.

       It is the sense of the Senate that nothing in this Act or 
     an amendment made by this Act should manipulate prices or 
     interfere with the free market.
                                 ______
                                 
  SA 2263. Mr. DeMINT 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 770, strike lines 7 through 11 and insert the 
     following:
       (7) in subsection (k)(1), by striking ``2012'' and 
     inserting ``2017''; and
                                 ______
                                 
  SA 2264. Mr. DeMINT 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. __. SENSE OF THE SENATE CONCERNING THE FEDERAL 
                   GOVERNMENT GUARANTEEING PROFITS.

       It is the sense of the Senate that the Federal Government 
     should not guarantee the profits of any industry.
                                 ______
                                 
  SA 2265. Mr. DeMINT 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 3101.
                                 ______
                                 
  SA 2266. Mr. DeMINT 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 1105.
                                 ______
                                 
  SA 2267. Mr. DeMINT 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. __. RENEWABLE FUEL STANDARD.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended by striking subsection (o).
                                 ______
                                 
  SA 2268. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON PROVISION OF LOAN GUARANTEES.

       Notwithstanding any other provision of this Act, including 
     any amendment made by this Act, no loan guarantee may be 
     provided by the Secretary or any other Federal official or 
     agency for any project or activity carried out by the 
     Secretary.
                                 ______
                                 
  SA 2269. Mr. DeMINT 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. ___. REPEAL OF DODD-FRANK WALL STREET REFORM AND 
                   CONSUMER PROTECTION ACT.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111 203; 124 Stat. 1376) is repealed.
                                 ______
                                 
  SA 2270. Mr. DeMINT 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 parts I and II of subtitle D of title I.
                                 ______
                                 
  SA 2271. Mr. DeMINT 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. ____. ELIMINATION OF MANDATORY FUNDING FROM ENERGY 
                   PROGRAMS.

       Notwithstanding any other provision of this Act or any 
     amendment made by this Act--

[[Page 8816]]

       (1) section 9002(j) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8102(j)) (as amended by 
     section 9002(a)(7)) is amended--
       (A) in paragraph (3), by striking ``$2,000,000'' and 
     inserting ``$5,000,000''; and
       (B) by striking paragraph (4);
       (2) section 9003(h) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8103(h)) (as amended by 
     section 9003(b)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Authorization of appropriations.--
       ``(A) In general.--Subject to subparagraph (B), there is 
     authorized to provide for the cost of loan guarantees under 
     this section--
       ``(i) $100,000,000 for fiscal year 2013; and
       ``(ii) $58,000,000 for each of fiscal years 2014 and 2015.
       ``(B) Biobased product manufacturing.--Of the total amount 
     of funds made available for the period of fiscal years 2013 
     through 2015 under subparagraph (A), the Secretary shall use 
     for the cost of loan guarantees under this section not more 
     than $25,000,000 to promote biobased product 
     manufacturing.'';
       (3) section 9006(d) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8106(d)) (as amended by 
     section 9006) is amended--
       (A) in paragraph (2), by striking ``$1,000,000'' and 
     inserting ``$2,000,000''; and
       (B) by striking paragraph (3);
       (4) section 9007(g) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8107(g)) (as amended by 
     section 9007(b)) is amended--
       (A) in paragraph (4), by striking ``$20,000,000'' and 
     inserting ``$68,200,000''; and
       (B) by striking paragraph (5); and
       (5) section 9008(h) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8108(h)) (as amended by 
     section 9008) is amended--
       (A) in paragraph (3), by striking ``$30,000,000'' and 
     inserting ``$56,000,000''; and
       (B) by striking paragraph (4).
                                 ______
                                 
  SA 2272. Mr. DeMINT 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:

                           Subtitle __--Sugar

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Free Sugar Act of 
     2012''.

     SEC. __02. SUGAR PROGRAM.

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

     SEC. __03. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION 
                   ADJUSTMENT PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) a processor of any of the 2012 or subsequent crops of 
     sugarcane or sugar beets shall not be eligible for a loan 
     under any provision of law with respect to the crop; and
       (2) the Secretary of Agriculture may not make price support 
     available, whether in the form of a loan, payment, purchase, 
     or other operation, for any of the 2012 and subsequent crops 
     of sugar beets and sugarcane by using the funds of the 
     Commodity Credit Corporation or other funds available to the 
     Secretary.
       (b) Termination of Marketing Quotas and Allotments.--
       (1) In general.--Part VII of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) 
     is repealed.
       (2) Conforming amendment.--Section 344(f)(2) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
     amended by striking ``sugar cane for sugar, sugar beets for 
     sugar,''.
       (c) General Powers.--
       (1) Section 32 activities.--Section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c), is amended in the second sentence 
     of the first paragraph--
       (A) in paragraph (1), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodities''; and
       (B) in paragraph (3), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodity''.
       (2) Powers of commodity credit corporation.--Section 5(a) 
     of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714c(a)) is amended by inserting ``, sugar beets, and 
     sugarcane'' after ``tobacco''.
       (3) Price support for nonbasic agricultural commodities.--
     Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 
     1446(a)) is amended by striking ``milk, sugar beets, and 
     sugarcane'' and inserting ``, and milk''.
       (4) Commodity credit corporation storage payments.--Section 
     167 of the Federal Agriculture Improvement and Reform Act of 
     1996 (7 U.S.C. 7287) is repealed.
       (5) Suspension and repeal of permanent price support 
     authority.--Section 171(a)(1) of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is 
     amended--
       (A) by striking subparagraph (E); and
       (B) by redesignating subparagraphs (F) through (I) as 
     subparagraphs (E) through (H), respectively.
       (6) Storage facility loans.--Section 1402(c) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is 
     repealed.
       (7) Feedstock flexibility program for bioenergy 
     producers.--Section 9010 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (d) Transition Provisions.--This section and the amendments 
     made by this section shall not affect the liability of any 
     person under any provision of law as in effect before the 
     application of this section and the amendments made by this 
     section.

     SEC. __04. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF 
                   RATE.

       (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of 
     the Harmonized Tariff Schedule of the United States is 
     amended by striking subheadings 1701.11 through 1701.11.50 
     and inserting in numerical sequence the following new 
     subheading, with the article description for such subheading 
     having the same degree of indentation as the article 
     description for subheading 1701.11, as in effect on the day 
     before the date of the enactment of this section:


``      1701.11.00       Cane sugar.........  Free                 ...................  39.85 cents/kg      ''.

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


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

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


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

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


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

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


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


[[Page 8817]]

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


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

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

     SEC. __05. APPLICATION.

       Except as otherwise provided in this subtitle, this 
     subtitle and the amendments made by this subtitle shall apply 
     beginning with the 2012 crop of sugar beets and sugarcane.
                                 ______
                                 
  SA 2273. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 765, strike line 9 and all that follows 
     through page 766, line 16, and insert the following:
       ``(B) Maximum.--The amount of any grant made under this 
     section shall not exceed 50 percent of the development costs 
     of the project for which the grant is provided.
       ``(C) Grant rate.--The Secretary shall establish the grant 
     rate for each project in accordance with regulations issued 
     by the Secretary that shall provide for a graduated scale of 
     grant rates that establish higher rates for projects in 
     communities that have--
       ``(i) remote locations;
       ``(ii) low community populations;
       ``(iii) low income levels; and
       ``(iv) developed the applications of the communities with 
     the participation of combinations of stakeholders, 
     including--

       ``(I) State, local, and tribal governments;
       ``(II) nonprofit institutions;
       ``(III) institutions of higher education;
       ``(IV) private entities; and
       ``(V) philanthropic organizations.'';

                                 ______
                                 
  SA 2274. Mr. DeMINT (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT ESTATE TAX RELIEF.

       (a) In General.--Title III of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010, and 
     the amendments made thereby, are repealed; and the Internal 
     Revenue Code of 1986 shall be applied as if such title, and 
     amendments, had never been enacted.
       (b) Exclusion From EGGTRA Sunset.--Section 901 of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 
     shall not apply to the provisions of, and amendments made by, 
     subtitle A or E of title V of such Act.
       (c) Effective Date.--The repeal made by subsection (a) 
     shall apply to estates of decedents dying, gifts made, and 
     generation skipping transfers after December 31, 2009.
                                 ______
                                 
  SA 2275. Mr. DeMINT 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 765, strike line 8, insert ``that the Secretary 
     determines does not have access to broadband service from any 
     provider of broadband service (including the applicant)'' 
     before the period at the end.
                                 ______
                                 
  SA 2276. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON MANDATORY OR COMPULSORY CHECK OFF 
                   PROGRAMS.

       No program to promote and provide research and information 
     for a particular agricultural commodity without reference to 
     specific producers or brands (commonly known as a ``check-off 
     program'') shall be mandatory or compulsory.
                                 ______
                                 
  SA 2277. Mr. DeMINT 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. ____. SENSE OF SENATE REGARDING DISPLACEMENT OF PRIVATE 
                   SECTOR ENTITIES.

       It is the sense of the Senate that no provision of this Act 
     (including any amendment made by this Act) should displace 
     any service or product provided by an entity in the private 
     sector.
                                 ______
                                 
  SA 2278. Mr. DeMINT 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 part I of subtitle D of title I.
                                 ______
                                 
  SA 2279. Mr. DeMINT 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 6104.
                                 ______
                                 
  SA 2280. Mr. DeMINT 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 12205.
                                 ______
                                 
  SA 2281. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title III, add the following:

                       Subtitle D--Other Matters

     SEC. 3301. CONSISTENCY WITH INTERNATIONAL TRADE OBLIGATIONS 
                   OF THE UNITED STATES.

       The Secretary shall administer this Act, and any amendments 
     made by this Act, in a manner consistent with the obligations 
     of the United States as a member of the World Trade 
     Organization and under trade agreements to which the United 
     States is a party.
                                 ______
                                 
  SA 2282. Mr. DeMINT 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. __. BORDER FENCE COMPLETION.

       (a) Minimum Requirements.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Fencing that does not effectively restrain 
     pedestrian traffic (such as vehicle barriers and virtual 
     fencing) may not be used to meet the 700-mile fence 
     requirement under this subparagraph.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) not later than 1 year after the date of the 
     enactment of the Agriculture Reform, Food, and Jobs Act of 
     2012, complete the construction of all the reinforced fencing 
     and the installation of the related equipment described in 
     subparagraph (A).''; and
       (3) in subparagraph (C), by adding at the end the 
     following:
       ``(iii) Funding not contingent on consultation.--Amounts 
     appropriated to carry out this paragraph may not be impounded 
     or otherwise withheld for failure to fully comply with the 
     consultation requirement under clause (i).''.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to Congress that describes--
       (1) the progress made in completing the reinforced fencing 
     required under section 102(b)(1) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1103 note), as amended by subsection (a); and

[[Page 8818]]

       (2) the plans for completing such fencing not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 2283. Mr. DeMINT 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. __. RENEWABLE FUEL STANDARD.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended by striking subsection (o).

     SEC. ___. PERMANENT ESTATE TAX RELIEF.

       (a) In General.--Title III of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010, and 
     the amendments made thereby, are repealed; and the Internal 
     Revenue Code of 1986 shall be applied as if such title, and 
     amendments, had never been enacted.
       (b) Exclusion From EGGTRA Sunset.--Section 901 of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 
     shall not apply to the provisions of, and amendments made by, 
     subtitle A or E of title V of such Act.
       (c) Effective Date.--The repeal made by subsection (a) 
     shall apply to estates of decedents dying, gifts made, and 
     generation skipping transfers after December 31, 2009.
                                 ______
                                 
  SA 2284. Mr. DeMINT 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. __. SENSE OF THE SENATE

       It is the sense of the Senate that nothing in this Act 
     should raise the cost of food or products for consumers or 
     the needy.
                                 ______
                                 
  SA 2285. Mr. DeMINT 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. 12____. FUNDING.

       Notwithstanding any other provision of this Act or any 
     amendment made by this Act, each amount made available by 
     this Act or an amendment made by this Act that is funded 
     through direct spending (as defined in section 250(c) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900(c))) shall be considered to be an authorization of 
     appropriations for that amount and purpose.
                                 ______
                                 
  SA 2286. Mr. DeMINT 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. __. NATIONAL RIGHT TO WORK.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3)''; and
       (C) in subsection (f)--
       (i) by striking clause (2); and
       (ii) by redesignating clauses (3) and (4) as clauses (2) 
     and (3), respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 2287. Mr. CARPER (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 805, strike lines 18 through 22 and insert the 
     following:

     (43), (47), (48), (51), and (52);
       (B) by redesignating paragraphs (6), (9), (10), (40), (44), 
     (45), (46), (49), and (50) as paragraphs (1), (2), (3), (4), 
     (5), (6), (7), (8), and (9), respectively; and
       (C) by adding at the end the following:
       ``(10) Corn, soybean meal, cereal grains, and grain 
     byproducts research and extension.--Research and extension 
     grants may be made under this section for the purpose of 
     carrying out or enhancing research to improve the 
     digestibility, nutritional value, and efficiency of use of 
     corn, soybean meal, cereal grains, and grain byproducts for 
     the poultry and food animal production industries.'';
                                 ______
                                 
  SA 2288. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 652, between lines 12 and 13, insert the following:

     ``SEC. 3707. DISCRETION OF SECRETARY.

       ``Notwithstanding any other provision of this title, the 
     Secretary may deny an application for a rural development 
     program under this title if the area subject to the 
     application meets the requirements of a rural area under 
     section 3002(28), but is determined by the Secretary to not 
     be rural in character.
                                 ______
                                 
  SA 2289. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 293, strike lines 16 through 19, and insert the 
     following:

     SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.

       Section 211(c) of the Agricultural Trade Act of 1978 (7 
     U.S.C. 5641(c)) is amended--
       (1) in paragraph (1)(A)--
       (A) by striking ``and'' after ``2005,''; and
       (B) by inserting ``, and $160,000,000 for each of fiscal 
     years 2013 through 2017'' after ``2012,''; and
       (2) by adding at the end the following:
       ``(3) Prohibition on use of funds for certain activities.--
     None of the funds made available to carry out this subsection 
     shall be used for--
       ``(A) wine tastings;
       ``(B) animal spa products;
       ``(C) reality television shows; or
       ``(D) cat or dog food.''.
                                 ______
                                 
  SA 2290. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 7___. REDUCTION OF AMOUNTS FOR RURAL DEVELOPMENT 
                   PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     this Act or any amendment made by this Act, the Secretary 
     shall reduce the amounts made available to carry out rural 
     development programs authorized by this title or an amendment 
     made by this title, on a pro rata basis, by an aggregate 
     amount of $1,000,000,000.
       (b) Prioritization.--Notwithstanding any other provision of 
     this Act or any amendment made by this Act, the Secretary may 
     use any amounts remaining available to carry out the programs 
     described in subsection (a) after the disposition under 
     subsection (a), as determined by the Secretary.
                                 ______
                                 
  SA 2291. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 864, strike lines 1 through 11 and insert the 
     following:

     SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.

       Section 2405 of the Global Climate Change Prevention Act of 
     1990 (7 U.S.C. 6704) is repealed.
                                 ______
                                 
  SA 2292. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 863, strike lines 13 through 17 and insert the 
     following:

     Section 9 of the Cooperative Forestry Assistance Act of 1978 
     (16 U.S.C. 2105) is repealed.
                                 ______
                                 
  SA 2293. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ADJUSTED GROSS INCOME LIMITATION FOR CONSERVATION 
                   PROGRAMS.

       Section 1001D(b)(2)(A) of the Food Security Act of 1985 (7 
     U.S.C. 1308-3a(b)(2)(A)) is amended--
       (1) by striking ``Limits.--'' and all that follows through 
     ``clause (ii),'' and inserting

[[Page 8819]]

     ``Limits.--Notwithstanding any other provision of law,''; and
       (2) by striking clause (ii).
                                 ______
                                 
  SA 2294. Mr. UDALL of Colorado (for himself and Mr. Bennet) 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 880, between lines 3 and 4, insert the following:

     SEC. 8303. COLORADO COOPERATIVE CONSERVATION AUTHORITY.

       Section 331(e) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2001 (Public Law 106-
     291; 114 Stat. 996; 118 Stat. 3102; 123 Stat. 2961), is 
     amended by striking ``September 30, 2013'' and inserting 
     ``September 30, 2017''.
                                 ______
                                 
  SA 2295. Mr. UDALL of Colorado (for himself, Mr. Thune, Mr. Bennet, 
and Mr. Baucus) 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 866, line 21, strike ``$100,000,000'' and insert 
     ``$200,000,000''.
                                 ______
                                 
  SA 2296. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 389, between lines 16 and 17, insert the following:
       ``(e) Microloan Program.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     establish a microloan program within the operating loan 
     program established under this chapter.
       ``(2) Loan amount.--Each loan issued under the program 
     shall be in an amount of not less than $500 and not more than 
     $5,000.
       ``(3) Eligibility.--
       ``(A) Definition of gleaner.--In this paragraph, the term 
     `gleaner' means an individual or entity that--
       ``(i) collects edible, surplus food that would be thrown 
     away and distributes the food to agencies or nonprofit 
     organizations that feed the hungry; or
       ``(ii) harvests for free distribution to the needy, or for 
     donation to agencies or nonprofit organizations for ultimate 
     distribution to the needy, an agricultural crop that has been 
     donated by the owner of the crop.
       ``(B) Eligibility.--In addition to any other person 
     eligible under the terms and conditions of the operating loan 
     program established under this chapter, gleaners shall be 
     eligible to receive microloans under this subsection.
       ``(4) Loan processing.--The Secretary shall process any 
     loan application submitted under the program not later than 
     30 days after the date on which the application was 
     submitted.
       ``(5) Expediting applications.--The Secretary shall take 
     any measure the Secretary determines necessary to expedite 
     any application submitted under the program.
       ``(6) Paperwork reduction.--The Secretary shall take 
     measures to reduce any paperwork requirements for loans under 
     the program.
                                 ______
                                 
  SA 2297. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 362, line 11, insert ``(which may include obtaining 
     degrees from institutions of higher education in business or 
     agriculture, such as horticulture or agricultural business 
     management degrees)'' after ``farmer''.
                                 ______
                                 
  SA 2298. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 12___. ANNUAL REPORTS ON LOANS TO YOUNG AND BEGINNING 
                   FARMERS AND RANCHERS.

       (a) In General.--Part D of title IV of the Farm Credit Act 
     of 1971 (12 U.S.C. 2203 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 4.22. ANNUAL REPORTS ON LOANS TO YOUNG AND BEGINNING 
                   FARMERS AND RANCHERS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible borrower.--The term `eligible borrower' 
     means an agricultural producer who, as determined by the Farm 
     Credit Administration--
       ``(A) is not more than 35 years old;
       ``(B)(i) has experience of at least 3 years in operating a 
     farm or ranch; but
       ``(ii) has not more than 10 years of total farming or 
     ranching experience; and
       ``(C) for the immediately preceding complete taxable year 
     had an average adjusted gross farm income (as defined in 
     section 1001D of the Farm Security Act of 1985 (7 U.S.C. 
     1308-3a) of not more than $250,000.
       ``(2) Funding institution.--The term `funding institution' 
     means an entity that, during the immediately preceding 
     taxable year--
       ``(A) was part of the Farm Credit System;
       ``(B) was subject to regulation by the Farm Credit 
     Administration; and
       ``(C) had net income resulting from tax-exempt earnings on 
     real estate lending.
       ``(b) Reports on Lending Data by Funding Institutions.--The 
     Farm Credit Administration shall--
       ``(1) require each funding institution to annually 
     aggregate and report all lending data by individual eligible 
     borrower, and
       ``(2) annually report this lending activity to the 
     Secretary and Congress.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2299. Ms. KLOBUCHAR 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 782, between lines 14 and 15, insert the following:

     SEC. 6203. STUDY OF RURAL TRANSPORTATION ISSUES.

       (a) In General.--The Secretary and the Secretary of 
     Transportation shall jointly conduct a study of 
     transportation issues regarding the movement of agricultural 
     products, domestically produced renewable fuels, and 
     domestically produced resources for the production of 
     electricity for rural areas of the United States, and 
     economic development in those areas.
       (b) Inclusions.--The study shall include an examination 
     of--
       (1) the importance of freight transportation, including 
     rail, truck, and barge, to--
       (A) the delivery of equipment, seed, fertilizer, and other 
     products important to the development of agricultural 
     commodities and products;
       (B) the movement of agricultural commodities and products 
     to market;
       (C) the delivery of ethanol and other renewable fuels;
       (D) the delivery of domestically produced resources for use 
     in the generation of electricity for rural areas;
       (E) the location of grain elevators, ethanol plants, and 
     other facilities;
       (F) the development of manufacturing facilities in rural 
     areas; and
       (G) the vitality and economic development of rural 
     communities;
       (2) the sufficiency in rural areas of transportation 
     capacity, the sufficiency of competition in the 
     transportation system, the reliability of transportation 
     services, and the reasonableness of transportation rates;
       (3) the sufficiency of facility investment in rural areas 
     necessary for efficient and cost-effective transportation; 
     and
       (4) the accessibility to shippers in rural areas of Federal 
     processes for the resolution of grievances arising within 
     various transportation modes.
       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary and the 
     Secretary of Transportation shall submit a report to Congress 
     that contains the results of the study required under 
     subsection (a).
       (d) Periodic Updates.--The Secretary and the Secretary of 
     Transportation shall publish triennially an updated version 
     of the study described in subsection (a).

     SEC. 6204. AGRICULTURAL TRANSPORTATION POLICY.

       Section 203 of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1622) is amended by striking subsection (j) and 
     inserting the following:
       ``(j) Policy Development Proceedings.--The Secretary shall 
     participate on behalf of the interests of agriculture and 
     rural America in all policy development proceedings or other 
     proceedings of the Surface Transportation Board that may 
     establish freight rail transportation policy affecting 
     agriculture and rural America.''.
                                 ______
                                 
  SA 2300. Ms. KLOBUCHAR (for herself, Mr. Lugar, Mrs. McCaskill, and 
Mr. Nelson of Nebraska) submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 122__. SCIENCE ADVISORY BOARD.

       Section 8(b) of the Environmental Research, Development, 
     and Demonstration Authorization Act of 1978 (42 U.S.C. 
     4365(b)) is amended in the first sentence by inserting ``and 
     not more than 3 of whom shall be appointed based on the 
     recommendation of the Secretary of Agriculture,'' after 
     ``Chairman,''.
                                 ______
                                 
  SA 2301. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment

[[Page 8820]]

SA 2232 submitted by Mr. Tester (for himself and Mr. Thune) and 
intended to be proposed 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 amendment, add the following:

   Subtitle C--Restrictions on the Designation of National Monuments

     SEC. 13801. RESTRICTIONS ON THE DESIGNATION OF NATIONAL 
                   MONUMENTS.

       (a) Designation.--No national monument designated by 
     presidential proclamation shall be valid until the date on 
     which the Governor and the legislature of each State within 
     the boundaries of the proposed national monument have 
     approved of the designation.
       (b) Restrictions.--The Secretary of the Interior shall not 
     implement any restrictions on the public use of a national 
     monument until the expiration of an appropriate review period 
     providing for public input, as determined by the Secretary of 
     the Interior.
                                 ______
                                 
  SA 2302. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

        TITLE XIII--RECREATIONAL FISHING, HUNTING, AND SHOOTING

Subtitle A--Recreational Fishing and Hunting Heritage and Opportunities

     SEC. 13001. SHORT TITLE.

       This subtitle may be cited as the ``Recreational Fishing 
     and Hunting Heritage and Opportunities Act''.

     SEC. 13002. FINDINGS.

       Congress finds that--
       (1) recreational fishing and hunting are important and 
     traditional activities in which millions of Americans 
     participate;
       (2) recreational anglers and hunters have been and continue 
     to be among the foremost supporters of sound fish and 
     wildlife management and conservation in the United States;
       (3) recreational fishing and hunting are environmentally 
     acceptable and beneficial activities that occur and can be 
     provided on Federal public lands and waters without adverse 
     effects on other uses or users;
       (4) recreational anglers, hunters, and sporting 
     organizations provide direct assistance to fish and wildlife 
     managers and enforcement officers of the Federal Government 
     as well as State and local governments by investing volunteer 
     time and effort to fish and wildlife conservation;
       (5) recreational anglers, hunters, and the associated 
     industries have generated billions of dollars of critical 
     funding for fish and wildlife conservation, research, and 
     management by providing revenues from purchases of fishing 
     and hunting licenses, permits, and stamps, as well as excise 
     taxes on fishing, hunting, and shooting equipment that have 
     generated billions of dollars of critical funding for fish 
     and wildlife conservation, research, and management;
       (6) recreational shooting is also an important and 
     traditional activity in which millions of Americans 
     participate, safe recreational shooting is a valid use of 
     Federal public lands, including the establishment of safe and 
     convenient shooting ranges on such lands, and participation 
     in recreational shooting helps recruit and retain hunters and 
     contributes to wildlife conservation;
       (7) opportunities to recreationally fish, hunt, and shoot 
     are declining, which depresses participation in these 
     traditional activities, and depressed participation adversely 
     impacts fish and wildlife conservation and funding for 
     important conservation efforts; and
       (8) the public interest would be served, and our citizens' 
     fish and wildlife resources benefitted, by action to ensure 
     that opportunities are facilitated to engage in fishing and 
     hunting on Federal public land as recognized by Executive 
     Order No. 12962, relating to recreational fisheries, and 
     Executive Order No. 13443, relating to facilitation of 
     hunting heritage and wildlife conservation.

     SEC. 13003. DEFINITIONS.

       In this subtitle:
       (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) Exclusion.--The term ``Federal public land'' does not 
     include any land or water held in trust for the benefit of 
     Indians or other Native Americans.
       (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;
       (ii) attempt to pursue, shoot, capture, collect, trap, or 
     kill wildlife; or
       (iii) the training of hunting dogs, including field trials.
       (B) Exclusion.--The term ``hunting'' does not include the 
     use of skilled volunteers to cull excess animals (as defined 
     by other Federal law, including laws applicable to the 
     National Park System).
       (3) Recreational fishing.--The term ``recreational 
     fishing'' means the lawful--
       (A) pursuit, capture, collection, or killing of fish; or
       (B) attempt to capture, collect, or kill 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.

     SEC. 13004. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

       (a) In General.--Subject to valid existing rights and 
     subsection (g), and cooperation with the respective State and 
     fish and wildlife agency, Federal public land management 
     officials shall exercise their authority under existing law, 
     including provisions regarding land use planning, to 
     facilitate use of and access to Federal public lands, 
     including Wilderness Areas, Wilderness Study Areas, or lands 
     administratively classified as wilderness eligible or 
     suitable and primitive or semi-primitive areas, for fishing, 
     sport hunting, and recreational shooting except as limited 
     by--
       (1) statutory authority that authorizes action or 
     withholding action for reasons of national security, public 
     safety, or resource conservation;
       (2) any other Federal statute that specifically precludes 
     recreational fishing, hunting, or shooting on specific 
     Federal public lands, waters, or units thereof; and
       (3) discretionary limitations on recreational fishing, 
     hunting, and shooting determined to be necessary and 
     reasonable as supported by the best scientific evidence and 
     advanced through a transparent public process.
       (b) Management.--Consistent with subsection (a), the head 
     of each Federal public land management agency shall exercise 
     its land management discretion--
       (1) in a manner that supports and facilitates recreational 
     fishing, hunting, and shooting opportunities;
       (2) to the extent authorized under applicable State law; 
     and
       (3) in accordance with applicable Federal law.
       (c) Planning.--
       (1) Effects of plans and activities.--
       (A) Evaluation of effects on opportunities to engage in 
     recreational fishing, hunting, or shooting.--Federal public 
     land planning documents, including land resources management 
     plans, resource management plans, travel management plans, 
     general management plans, and comprehensive conservation 
     plans, shall include a specific evaluation of the effects of 
     such plans on opportunities to engage in recreational 
     fishing, hunting, or shooting.
       (B) Not major federal action.--No action taken under this 
     subtitle, or under section 4 of the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd), as 
     amended by the National Wildlife Refuge System Improvement 
     Act of 1997, either individually or cumulatively with other 
     actions involving Federal public lands, shall be considered 
     to be a major Federal action significantly affecting the 
     quality of the human environment, and no additional 
     identification, analysis, or consideration of environmental 
     effects, including cumulative effects, is necessary or 
     required.
       (C) Other activity not considered.--Federal public land 
     management officials are not required to consider the 
     existence or availability of recreational fishing, hunting, 
     or shooting opportunities on adjacent or nearby public or 
     private lands in the planning for or determination of which 
     Federal public lands are open for these activities or in the 
     setting of levels of use for these activities on Federal 
     public lands, unless the combination or coordination of such 
     opportunities would enhance the recreational fishing, 
     hunting, or shooting opportunities available to the public.
       (2) Use of volunteers.--If hunting is prohibited by law, 
     all Federal public land planning documents listed in 
     paragraph (1)(A) 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 lands 
     unless the head of the agency demonstrates, based on the best 
     scientific data available or applicable Federal statutes, why 
     skilled volunteers shall not be used to control 
     overpopulations of wildlife on the land that is the subject 
     of the planning documents.
       (d) Bureau of Land Management and Forest Service Lands.--
       (1) Lands open.--Lands under the jurisdiction of the Bureau 
     of Land Management and the Forest Service, including 
     Wilderness Areas, Wilderness Study Areas, lands designated as 
     wilderness or administratively classified as wilderness 
     eligible or suitable and primitive or semi-primitive areas 
     but excluding lands on the Outer Continental Shelf, shall be 
     open to recreational fishing, hunting, and shooting unless 
     the managing

[[Page 8821]]

     Federal agency acts to close lands to such activity. Lands 
     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.
       (2) Shooting ranges.--
       (A) In general.--The head of each Federal agency shall use 
     his or her authorities in a manner consistent with this Act 
     and other applicable law, to--
       (i) lease or permit use of lands under the jurisdiction of 
     the agency for shooting ranges; and
       (ii) designate specific lands under the jurisdiction of the 
     agency for recreational shooting activities.
       (B) Limitation on liability.--Any designation under 
     subparagraph (A)(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 
     activity occurring at or on such designated lands.
       (e) Necessity in Wilderness Areas and ``Within and 
     Supplemental to'' Wilderness Purposes.--
       (1) Minimum requirements for administration.--The provision 
     of opportunities for hunting, fishing and recreational 
     shooting, and the conservation of fish and wildlife to 
     provide sustainable use recreational opportunities on 
     designated wilderness areas on Federal public lands shall 
     constitute measures necessary to meet the minimum 
     requirements for the administration of the wilderness area.
       (2) The term ``within and supplemental to'' Wilderness 
     purposes in section 4(a) of Public Law 88-577, means that any 
     requirements imposed by that Act shall be implemented only 
     insofar as they do not prevent Federal public land management 
     officials and State fish and wildlife officials from carrying 
     out their wildlife conservation responsibilities or providing 
     recreational opportunities on the Federal public lands 
     subject to a wilderness designation.
       (3) Paragraphs (1) and (2) are not intended to authorize or 
     facilitate commodity development, use, or extraction, or 
     motorized recreational access or use.
       (f) Report.--Not later than October 1 of every other year, 
     beginning with the second October 1 after the date of the 
     enactment of this Act, the head of each Federal agency who 
     has authority to manage Federal public land on which 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--
       (1) any Federal public land administered by the agency head 
     that was closed to recreational fishing, sport hunting, or 
     shooting at any time during the preceding year; and
       (2) the reason for the closure.
       (g) Closures or Significant Restrictions of 640 or More 
     Acres.--
       (1) In general.--Other than closures established or 
     prescribed by land planning actions referred to in subsection 
     (d) or emergency closures described in paragraph (3) of this 
     subsection, a permanent or temporary withdrawal, change of 
     classification, or change of management status of Federal 
     public land that effectively closes or significantly 
     restricts 640 or more contiguous acres of Federal public land 
     to access or use for fishing or hunting or activities related 
     to fishing and hunting (or both) shall take effect only if, 
     before the date of withdrawal or change, the head of the 
     Federal agency that has jurisdiction over the Federal public 
     land--
       (A) publishes appropriate notice of the withdrawal or 
     change, respectively;
       (B) demonstrates that coordination has occurred with a 
     State fish and wildlife agency; and
       (C) 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.
       (2) Aggregate or cumulative effects.--If the aggregate or 
     cumulative effect of separate withdrawals or changes 
     effectively closes or significantly restricts 1280 or more 
     acres of land or water, such withdrawals and changes shall be 
     treated as a single withdrawal or change for purposes of 
     paragraph (1).
       (3) Emergency closures.--Nothing in this Act prohibits a 
     Federal land management agency from establishing or 
     implementing emergency closures or restrictions of the 
     smallest practicable area to provide for public safety, 
     resource conservation, national security, or other purposes 
     authorized by law. Such an emergency closure shall terminate 
     after a reasonable period of time unless converted to a 
     permanent closure consistent with this Act.
       (4) National wildlife refuge system.--Nothing in this Act 
     is intended to amend or modify the provisions of the National 
     Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
     668dd et seq.), except as expressly provided herein.
       (h) Areas Not Affected.--Nothing in this subtitle requires 
     the opening of national park or national monuments under the 
     jurisdiction of the National Park Service to hunting or 
     recreational shooting.
       (i) No Priority.--Nothing in this subtitle requires a 
     Federal agency to give preference to recreational fishing, 
     hunting, or shooting over other uses of Federal public land 
     or over land or water management priorities established by 
     Federal law.
       (j) Consultation With Councils.--In fulfilling the duties 
     set forth in this subtitle, the heads of Federal agencies 
     shall consult with respective advisory councils as 
     established in Executive Order Nos. 12962 and 13443.
       (k) Authority of the States.--
       (1) In general.--Nothing in this subtitle shall be 
     construed as interfering with, diminishing, or conflicting 
     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.
       (2) Federal licenses.--Nothing in this subtitle authorizes 
     the head of a Federal 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 States, except that 
     this paragraph shall not affect the Migratory Bird Stamp 
     requirement set forth in the Migratory Bird Hunting and 
     Conservation Stamp Act (16 U.S.C. 718 et seq.).

              Subtitle B--Recreational Shooting Protection

     SEC. 13011. SHORT TITLE.

       This subtitle may be cited as the ``Recreational Shooting 
     Protection Act''.

     SEC. 13012. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Land Management.
       (2) National monument land.--The term ``National Monument 
     land'' has the meaning given that term in the Act of June 8, 
     1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 
     431 et seq.).
       (3) Recreational shooting.--The term ``recreational 
     shooting'' includes 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.

     SEC. 13013. RECREATIONAL SHOOTING.

       (a) In General.--Subject to valid existing rights, National 
     Monument land under the jurisdiction of the Bureau of Land 
     Management shall be open to access and use for recreational 
     shooting, except such closures and restrictions determined by 
     the Director to be necessary and reasonable and supported by 
     facts and evidence for one or more of the following:
       (1) Reasons of national security.
       (2) Reasons of public safety.
       (3) To comply with an applicable Federal statute.
       (4) To comply with a law (including regulations) of the 
     State in which the National Monument land is located that is 
     applicable to recreational shooting.
       (b) Notice; Report.--
       (1) Requirement.--Except as set forth in paragraph (2)(B), 
     before a restriction or closure under subsection (a) is made 
     effective, the Director shall--
       (A) publish public notice of such closure or restriction in 
     a newspaper of general circulation in the area where the 
     closure or restriction will be carried out; and
       (B) submit to Congress a report detailing the location and 
     extent of, and evidence justifying, such a closure or 
     restriction.
       (2) Timing.--The Director shall issue the notice and report 
     required under paragraph (1)--
       (A) before the closure if practicable without risking 
     national security or public safety; and
       (B) in cases where such issuance is not practicable for 
     reasons of national security or public safety, not later than 
     30 days after the closure.
       (c) Cessation of Closure or Restriction.--A closure or 
     restriction under paragraph (1) or (2) of subsection (a) 
     shall cease to be effective--
       (1) effective on the day after the last day of the six-
     month period beginning on the date on which the Director 
     submitted the report to Congress under subsection (b)(2) 
     regarding the closure or restriction, unless the closure or 
     restriction has been approved by Federal law; and
       (2) 30 days after the date of the enactment of a Federal 
     law disapproving the closure or restriction.
       (d) Management.--Consistent with subsection (a), the 
     Director shall manage National Monument land under the 
     jurisdiction of the Bureau of Land Management--
       (1) in a manner that supports, promotes, and enhances 
     recreational shooting opportunities;
       (2) to the extent authorized under State law (including 
     regulations); and
       (3) in accordance with applicable Federal law (including 
     regulations).
       (e) Limitation on Duplicative Closures or Restrictions.--
     Unless supported by criteria under subsection (a) as a result 
     of a change in circumstances, the Director may not issue a 
     closure or restriction under subsection (a) that is 
     substantially similar to

[[Page 8822]]

     closure or restriction previously issued that was not 
     approved by Federal law.
       (f) Effective Date for Prior Closures and Restrictions.--On 
     the date that is 6 months after the date of the enactment of 
     this Act, this subtitle shall apply to closures and 
     restrictions in place on the date of the enactment of this 
     subtitle that relate to access and use for recreational 
     shooting on National Monument land under the jurisdiction of 
     the Bureau of Land Management.
       (g) Annual Report.--Not later than October 1 of each year, 
     the Director 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--
       (1) any National Monument land under the jurisdiction of 
     the Bureau of Land Management that was closed to recreational 
     shooting or on which recreational shooting was restricted at 
     any time during the preceding year; and
       (2) the reason for the closure.
       (h) No Priority.--Nothing in this subtitle requires the 
     Director to give preference to recreational shooting over 
     other uses of Federal public land or over land or water 
     management priorities established by Federal law.
       (i) Authority of the States.--
       (1) Savings.--Nothing in this subtitle affects the 
     authority, jurisdiction, or responsibility of a State to 
     manage, control, or regulate fish and wildlife under State 
     law (including regulations) on land or water in the State, 
     including Federal public land.
       (2) Federal licenses.--Nothing in this subtitle authorizes 
     the Director to require a license for recreational shooting 
     on land or water in a State, including on Federal public land 
     in the State.
       (j) Controlling Provisions.--In any instance when one or 
     more provisions in title I and in this subtitle may be 
     construed to apply in an inconsistent manner to National 
     Monument land, the provisions in this subtitle shall take 
     precedence and apply.

            Subtitle C--Polar Bear Conservation and Fairness

     SEC. 13021. SHORT TITLE.

       This subtitle may be cited as the ``Polar Bear Conservation 
     and Fairness Act of 2012''.

     SEC. 13022. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES 
                   TAKEN IN SPORT HUNTS IN CANADA.

       Section 104(c)(5)(D) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
       ``(D)(i) The Secretary of the Interior shall, expeditiously 
     after the expiration of the applicable 30-day period under 
     subsection (d)(2), issue a permit for the importation of any 
     polar bear part (other than an internal organ) from a polar 
     bear taken in a sport hunt in Canada to any person--
       ``(I) who submits, with the permit application, proof that 
     the polar bear was legally harvested by the person before 
     February 18, 1997; or
       ``(II) who has submitted, in support of a permit 
     application submitted before May 15, 2008, proof that the 
     polar bear was legally harvested by the person before May 15, 
     2008, from a polar bear population from which a sport-hunted 
     trophy could be imported before that date in accordance with 
     section 18.30(i) of title 50, Code of Federal Regulations.
       ``(ii) The Secretary shall issue permits under clause 
     (i)(I) without regard to subparagraphs (A) and (C)(ii) of 
     this paragraph, subsection (d)(3), and sections 101 and 102. 
     Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
     importation of any polar bear part authorized by a permit 
     issued under clause (i)(I). This clause shall not apply to 
     polar bear parts that were imported before June 12, 1997.
       ``(iii) The Secretary shall issue permits under clause 
     (i)(II) without regard to subparagraph (C)(ii) of this 
     paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
     102(b)(3) shall not apply to the importation of any polar 
     bear part authorized by a permit issued under clause (i)(II). 
     This clause shall not apply to polar bear parts that were 
     imported before the date of enactment of the Polar Bear 
     Conservation and Fairness Act of 2012.''.

   Subtitle D--Hunting, Fishing, and Recreational Shooting Protection

     SEC. 13031. SHORT TITLE.

       This subtitle may be cited as the ``Hunting, Fishing, and 
     Recreational Shooting Protection Act''.

     SEC. 13032. MODIFICATION OF DEFINITION.

       Section 3(2)(B) of the Toxic Substances Control Act (15 
     U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any component of any such article including, without 
     limitation, shot, bullets and other projectiles, propellants, 
     and primers,'';
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in subsection (a) of section 4162 of the Internal 
     Revenue Code of 1986) the sale of which is subject to the tax 
     imposed by section 4161(a) of such Code (determined without 
     regard to any exemptions from such tax as provided by section 
     4162 or 4221 or any other provision of such Code), and sport 
     fishing equipment components.''.

            Subtitle E--Hunting in Kisatchie National Forest

     SEC. 13041. HUNTING IN KISATCHIE NATIONAL FOREST.

       (a) In General.--Consistent with the Act of June 4, 1897 
     (16 U.S.C. 551), the Secretary of Agriculture may not 
     restrict the use of dogs in deer hunting activities in 
     Kisatchie National Forest, unless such restrictions--
       (1) apply to the smallest practicable portions of such 
     unit; and
       (2) are necessary to reduce or control trespass onto land 
     adjacent to such unit.
       (b) Prior Restrictions Void.--Any restrictions regarding 
     the use of dogs in deer hunting activities in Kisatchie 
     National Forest in force on the date of the enactment of this 
     Act shall be void and have no force or effect.

   Subtitle F--Designation of and Restrictions on National Monuments

     SEC. 13051. DESIGNATION OF AND RESTRICTIONS ON NATIONAL 
                   MONUMENTS.

       (a) Designation.--No national monument designated by 
     presidential proclamation shall be valid until the Governor 
     and the legislature of each State within the boundaries of 
     the proposed national monument have approved of such 
     designation.
       (b) Restrictions.--The Secretary of the Interior shall not 
     implement any restrictions on the public use of a national 
     monument until the expiration of an appropriate review period 
     (determined by the Secretary of the Interior) providing for 
     public input.
                                 ______
                                 
  SA 2303. Mr. COCHRAN 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, add the following:

     SEC. 122___. SHORT TITLE.

       (a) Short Title.--This section may be cited as the 
     ``Natchez Trace Parkway Land Conveyance Act of 2012''.
       (b) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Natchez 
     Trace Parkway, Proposed Boundary Change'', numbered 604/
     105392, and dated November 2010.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of 
     Mississippi.
       (c) Land Conveyance.--
       (1) Conveyance authority.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall convey to the State, by quitclaim deed and without 
     consideration, all right, title, and interest of the United 
     States in and to the parcels of land described in paragraph 
     (2).
       (B) Compatible use.--The deed of conveyance to the parcel 
     of land that is located southeast of U.S. Route 61/84 and 
     which is commonly known as the ``bean field property'' shall 
     reserve an easement to the United States restricting the use 
     of the parcel to only those uses which are compatible with 
     the Natchez Trace Parkway.
       (2) Description of land.--The parcels of land referred to 
     in paragraph (1) are the 2 parcels totaling approximately 67 
     acres generally depicted as ``Proposed Conveyance'' on the 
     map.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Boundary Adjustments.--
       (1) Exclusion of conveyed land.--On completion of the 
     conveyance to the State of the land described in subsection 
     (c)(2), the boundary of the Natchez Trace Parkway shall be 
     adjusted to exclude the conveyed land.
       (2) Inclusion of additional land.--
       (A) In general.--Effective on the date of enactment of this 
     Act, the boundary of the Natchez Trace Parkway is adjusted to 
     include the approximately 10 acres of land that is generally 
     depicted as ``Proposed Addition'' on the map.
       (B) Administration.--The land added under subparagraph (A) 
     shall be administered by the Secretary as part of the Natchez 
     Trace Parkway.
                                 ______
                                 
  SA 2304. Mr. COCHRAN 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, add the following:

     SEC. 122__. TRANSFER OF YELLOW CREEK PORT PROPERTIES.

       In accordance with section 4(k) of the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831c(k)), Congress approves 
     the conveyance by the Tennessee Valley Authority, on behalf 
     of the United States, to the State of Mississippi of the 
     Yellow Creek Port properties owned by the United States and 
     in the custody of the Authority at Iuka, Mississippi, as of 
     the date of enactment of this Act.

[[Page 8823]]


                                 ______
                                 
  SA 2305. Mr. CRAPO (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. BUSINESS RISK MITIGATION AND PRICE STABILIZATION.

       (a) Margin Requirements.--
       (1) Commodity exchange act amendment.--Section 4s(e) of the 
     Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 
     731 of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act, is amended by adding at the end the following 
     new paragraph:
       ``(4) Applicability with respect to counterparties.--The 
     requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall 
     not apply to a swap in which a counterparty qualifies for an 
     exception under section 2(h)(7)(A) or satisfies the criteria 
     in section 2(h)(7)(D).''.
       (2) Securities exchange act amendment.--Section 15F(e) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)), as 
     added by section 764(a) of the Dodd-Frank Wall Street Reform 
     and Consumer Protection Act, is amended by adding at the end 
     the following new paragraph:
       ``(4) Applicability with respect to counterparties.--The 
     requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall 
     not apply to a security-based swap in which a counterparty 
     qualifies for an exception under section 3C(g)(1) or 
     satisfies the criteria in section 3C(g)(4).''.
       (b) Implementation.--The amendments made by this section to 
     the Commodity Exchange Act shall be implemented--
       (1) without regard to--
       (A) chapter 35 of title 44, United States Code; and
       (B) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) through the promulgation of an interim final rule, 
     pursuant to which public comment will be sought before a 
     final rule is issued; and
       (3) such that paragraph (1) shall apply solely to changes 
     to rules and regulations, or proposed rules and regulations, 
     that are limited to and directly a consequence of such 
     amendments.
                                 ______
                                 
  SA 2306. Ms. MURKOWSKI (for herself, Mr. Kerry, Mr. Brown of 
Massachusetts, Mr. Whitehouse, and Mr. Graham) submitted an amendment 
intended to be proposed by her to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 522, strike line 15 and all that follows 
     through page 523, line 2, and insert the following:
       (12) Farm.--The term ``farm'' means an operation involved 
     in--
       ``(A) the production of an agricultural commodity;
       ``(B) ranching;
       ``(C) aquaculture; or
       ``(D) in the case of chapter 2 of subtitle A--
       ``(i) commercial fishing; or
       ``(ii) the production of shellfish.
       ``(13) Farmer.--The term `farmer' means an individual or 
     entity engaged primarily and directly in--
       ``(A) the production of an agricultural commodity;
       ``(B) ranching;
       ``(C) aquaculture; or
       ``(D) in the case of chapter 2 of subtitle A--
       ``(i) commercial fishing; or
       ``(ii) the production of shellfish.
                                 ______
                                 
  SA 2307. Mr. UDALL of Colorado 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 801, line 6, strike ``$20,000,000'' and insert 
     ``$30,000,000''.
                                 ______
                                 
  SA 2308. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

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

     SEC. 12207. CHIEF AGRICULTURE COUNSEL; RULES SIGNIFICANTLY 
                   AFFECTING AGRICULTURE IN THE UNITED STATES.

       (a) Definition of Administrator.--The term 
     ``Administrator'' means Administrator of the Environmental 
     Protection Agency.
       (b) Chief Agriculture Counsel.--
       (1) In general.--There shall be in the Environmental 
     Protection Agency a Chief Agriculture Counsel, who shall be 
     appointed by the President from among persons who--
       (A) have been nominated by the Secretary of Agriculture and 
     the Administrator of the Environmental Protection Agency; and
       (B) have significant experience in agriculture.
       (2) Duties.--
       (A) In general.--The Chief Agriculture Counsel shall 
     perform such functions and duties as the Administrator shall 
     prescribe, consistent with this Act.
       (B) Requirements.--The duties of the Chief Agriculture 
     Counsel shall include, at a minimum, a review of each rule 
     promulgated by the Administrator of the Environmental 
     Protection Agency to determine whether the rule impacts 
     agriculture in the United States.
       (c) Rules Significantly Affecting Agriculture in the United 
     States.--
       (1) In general.--If the Chief Agriculture Counsels 
     determines that a rule promulgated by the Administrator will 
     significantly affect agriculture in the United States, the 
     Chief Agriculture Counsel shall submit to the Administrator 
     and include in the official record of the rulemaking a 
     written report that contains--
       (A) an impact analysis of the manner in which the rule will 
     impact agriculture in the United States;
       (B) any recommendations of the Chief Agriculture Counsel 
     for changes to the rule to ensure that the rule is not 
     unreasonably burdensome on agricultural producers; and
       (C) a list of reasons why the rule should or should not 
     become final.
       (2) Effect.--A rule described in paragraph (1) shall not 
     take effect until the date on which the Administrator 
     publishes in the Federal Register a detailed description of 
     the manner by which the Administrator responded to the report 
     of the Chief Agriculture Counsel.
                                 ______
                                 
  SA 2309. Mrs. FEINSTEIN (for herself and Mr. Chambliss) 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 968, between lines 4 and 5, insert the following:

     SEC. 11017. STUDY OF FOOD SAFETY INSURANCE.

       Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 
     1522(c)) (as amended by section 11016) is amended by adding 
     at the end the following:
       ``(19) Study of food safety insurance.--
       ``(A) In general.--The Corporation shall offer to enter 
     into a contract with 1 or more qualified entities to conduct 
     a study to determine whether offering policies that provide 
     coverage for specialty crops from food safety and 
     contamination issues would benefit agricultural producers.
       ``(B) Subject.--The study described in subparagraph (A) 
     shall evaluate policies and plans of insurance coverage that 
     provide protection for production or revenue impacted by food 
     safety concerns including, at a minimum, government, retail, 
     or national consumer group announcements of a health 
     advisory, removal, or recall related to a contamination 
     concern.
       ``(C) Report.--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 the study 
     conducted under subparagraph (A).''.
                                 ______
                                 
  SA 2310. Mr. SANDERS (for himself and Mrs. Boxer) 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. CONSUMERS RIGHT TO KNOW ABOUT GENETICALLY 
                   ENGINEERED FOOD ACT.

       (a) Short Title.--This section may be cited as the 
     ``Consumers Right to Know About Genetically Engineered Food 
     Act''.
       (b) Findings.--Congress finds that--
       (1) surveys of the American public consistently show that 
     90 percent or more of the people of the United States want 
     genetically engineered to be labeled as such;
       (2) a landmark public health study in Canada found that--
       (A) 93 percent of pregnant women had detectable toxins from 
     genetically engineered foods in their blood; and
       (B) 80 percent of the babies of those women had detectable 
     toxins in their umbilical cords;
       (3) the tenth Amendment to the Constitution of the United 
     States clearly reserves powers in the system of Federalism to 
     the States or to the people; and
       (4) States have the authority to require the labeling of 
     foods produced through genetic engineering or derived from 
     organisms that have been genetically engineered.
       (c) Definitions.--In this section:
       (1) Genetic engineering.--
       (A) In general.--The term ``genetic engineering'' means a 
     process that alters an organism at the molecular or cellular 
     level by means that are not possible under natural conditions 
     or processes.
       (B) Inclusions.--The term ``genetic engineering'' 
     includes--

[[Page 8824]]

       (i) recombinant DNA and RNA techniques;
       (ii) cell fusion;
       (iii) microencapsulation;
       (iv) macroencapsulation;
       (v) gene deletion and doubling;
       (vi) introduction of a foreign gene; and
       (vii) changing the position of genes.
       (C) Exclusions.--The term ``genetic engineering'' does not 
     include any modification to an organism that consists 
     exclusively of--
       (i) breeding;
       (ii) conjugation;
       (iii) fermentation;
       (iv) hybridization;
       (v) in vitro fertilization; or
       (vi) tissue culture.
       (2) Genetically engineered ingredient.--The term 
     ``genetically engineered ingredient'' means any ingredient in 
     any food, beverage, or other edible product that--
       (A) is, or is derived from, an organism that is produced 
     through the intentional use of genetic engineering; or
       (B) is, or is derived from, the progeny of intended sexual 
     reproduction, asexual reproduction, or both of 1 or more 
     organisms described in subparagraph (A).
       (d) Right to Know.--Notwithstanding any other Federal law 
     (including regulations), a State may require that any food, 
     beverage, or other edible product offered for sale in that 
     State have a label on the container or package of the food, 
     beverage, or other edible product, indicating that the food, 
     beverage, or other edible product contains a genetically 
     engineered ingredient.
       (e) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of Food and Drugs and 
     the Secretary of Agriculture shall promulgate such 
     regulations as are necessary to carry out this section.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commissioner of Food and Drugs, in 
     consultation with the Secretary of Agriculture, shall submit 
     a report to Congress detailing the percentage of food and 
     beverages sold in the United States that contain genetically 
     engineered ingredients.
                                 ______
                                 
  SA 2311. Mr. BLUMENTHAL (for himself, Mr. Kirk, Ms. Cantwell, Mr. 
Brown of Massachusetts, Ms. Landrieu, and Mr. Wyden) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 12207. PROHIBITION ON ATTENDING AN ANIMAL FIGHT OR 
                   CAUSING A MINOR TO ATTEND AN ANIMAL FIGHT; 
                   ENFORCEMENT OF ANIMAL FIGHTING PROVISIONS.

       (a) Prohibition on Attending an Animal Fight or Causing a 
     Minor to Attend an Animal Fight.--Section 26 of the Animal 
     Welfare Act (7 U.S.C. 2156) is amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``Sponsoring or Exhibiting 
     an Animal in'' and inserting ``Sponsoring or Exhibiting an 
     Animal in, Attending, or Causing a Minor To Attend'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``In General'' and 
     inserting ``Sponsoring or Exhibiting''; and
       (ii) by striking ``paragraph (2)'' and inserting 
     ``paragraph (3)'';
       (C) by redesignating paragraph (2) as paragraph (3); and
       (D) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Attending or causing a minor to attend.--It shall be 
     unlawful for any person to--
       ``(A) knowingly attend an animal fighting venture; or
       ``(B) knowingly cause a minor to attend an animal fighting 
     venture.''; and
       (2) in subsection (g), by adding at the end the following 
     new paragraph:
       ``(5) the term `minor' means a person under the age of 18 
     years old.''.
       (b) Enforcement of Animal Fighting Prohibitions.--Section 
     49 of title 18, United States Code, is amended--
       (1) by striking ``Whoever'' and inserting ``(a) In 
     General.--Whoever'';
       (2) in subsection (a), as designated by paragraph (1) of 
     this section, by striking ``subsection (a),'' and inserting 
     ``subsection (a)(1),''; and
       (3) by adding at the end the following new subsections:
       ``(b) Attending an Animal Fighting Venture.--Whoever 
     violates subsection (a)(2)(A) of section 26 of the Animal 
     Welfare Act (7 U.S.C. 2156) shall be fined under this title, 
     imprisoned for not more than 1 year, or both, for each 
     violation.
       ``(c) Causing a Minor To Attend an Animal Fighting 
     Venture.--Whoever violates subsection (a)(2)(B) of section 26 
     (7 U.S.C. 2156) of the Animal Welfare Act shall be fined 
     under this title, imprisoned for not more than 3 years, or 
     both, for each violation.''.
                                 ______
                                 
  SA 2312. Mr. TESTER (for himself and Mr. Baucus) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 121__. LARGE CARNIVORE DAMAGE PREVENTION PROGRAM.

       (a) Purpose.--The purpose of this section is to test, 
     evaluate, and deploy tools, technologies, and other nonlethal 
     innovations designed to mitigate or avoid conflict with large 
     carnivores.
       (b) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (2) Large carnivores.--The term ``large carnivores'' means 
     predators that are or have been protected or reintroduced by 
     the Federal Government.
       (3) Livestock.--The term ``livestock'' means cattle, swine, 
     horses, mules, sheep, goats, livestock guard animals, as 
     determined by the Secretary.
       (4) Program.--The term ``program'' means the program 
     established by subsection (c).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (c) Large Carnivore Damage Prevention Program.--
       (1) In general.--The Secretary shall establish a program, 
     consistent with the purpose described in subsection (a), to 
     provide grants to States and Indian tribes for competitive 
     grants to livestock producers to carry out proactive 
     activities to reduce the risk of predation and decreased 
     livestock productivity due to predation by large carnivores.
       (2) Criteria and requirements.--The Secretary shall--
       (A) establish criteria and requirements to implement the 
     program; and
       (B) when promulgating regulations to implement the program 
     under paragraph (1), consult with States that have 
     implemented State programs that provide--
       (i) assistance to livestock producers to carry out 
     proactive activities to reduce the risk of livestock loss due 
     to predation by large carnivores; or
       (ii) compensation to livestock producers for livestock 
     losses due to predation by large carnivores.
       (3) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), a State or Indian tribe shall--
       (A) establish an open, competitive process to adjudicate 
     fund applications from livestock producers and partners, 
     including nongovernmental organizations, State and local 
     governments, and producer organizations;
       (B) follow protocols developed by the Secretary; and
       (C) submit to the Secretary--
       (i) an annual report that includes--

       (I) a summary of expenditures under the program during the 
     year;
       (II) an analysis of any measured impact on large carnivore 
     conflicts with livestock; and
       (III) any recommendations of grant recipients; and

       (ii) any other report the Secretary determines to be 
     necessary to assist the Secretary in determining the 
     effectiveness of the program.
       (4) Allocation of funding.--The Secretary shall allocate 
     funding made available to carry out this section among States 
     and Indian tribes based on--
       (A) whether the State or Indian tribe is located in a 
     geographical area that has a high population of large 
     carnivores that have been reintroduced by the Federal 
     Government; or
       (B) any other factors that the Secretary determines to be 
     necessary.
       (5) Eligible land.--The program described in paragraph (1) 
     may be carried out on Federal, State, or private land, 
     including land that is owned by, or held in trust for the 
     benefit of, an Indian tribe.
       (6) Federal cost share.--The Federal share of the cost of 
     any activity provided assistance made available under this 
     section shall not exceed 50 percent of the total cost of the 
     activity, including in-kind support by the non-Federal 
     partner.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $4,000,000 for 
     fiscal year 2014 and each fiscal year thereafter.
       (e) Applicability.--Nothing in this section affects, 
     modifies, or limits any other Federal law (including 
     regulations) relating to wildlife, including the authority of 
     livestock producers and the Administrator of the Animal and 
     Plant Health Inspection Service, acting through Wildlife 
     Services, to lethally remove a predator carnivore--
       (1) in response to livestock predation; or
       (2) that is caught in the act of attempting to kill 
     livestock.
                                 ______
                                 
  SA 2313. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 862, strike line 15 and all that follows 
     through page 863, line 2, and insert the following:

[[Page 8825]]



     SEC. 8103. FOREST LEGACY PROGRAM.

       (a) In General.--Section 7 of the Cooperative Forestry 
     Assistance Act of 1978 (16 U.S.C. 2103c) is repealed.
       (b) Conforming Amendments.--
       (1) Section 2A(c) of the Cooperative Forestry Assistance 
     Act of 1978 (16 U.S.C. 2101a(c)) is amended--
       (A) in paragraph (3), by inserting ``and'' after the 
     semicolon;
       (B) in paragraph (4), by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (5).
       (2) Section 19(b)(2) of the Cooperative Forestry Assistance 
     Act of 1978 (16 U.S.C. 2113(b)(2)) is amended--
       (A) in subparagraph (B), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (D).
                                 ______
                                 
  SA 2314. Mr. LEE 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 subtitles A and B of title II and insert the 
     following:

     SEC. 2001. REPEAL OF CONSERVATION RESERVE PROGRAM.

       Subchapter B of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3831 et seq.) is 
     repealed.

     SEC. 2101. REPEAL OF CONSERVATION STEWARDSHIP PROGRAM.

       Subchapter B of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838d et seq.) is 
     repealed.
                                 ______
                                 
  SA 2315. Mr. LEE 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. ____. TREATMENT OF INTRASTATE SPECIES.

       (a) Definition of Intrastate Species.--In this Act, the 
     term ``intrastate species'' means any species of plant or 
     fish or wildlife (as those terms are defined in section 3 of 
     the Endangered Species Act of 1973 (16 U.S.C. 1532)) that is 
     found entirely within the borders of a single State.
       (b) Treatment.--An intrastate species shall not be--
       (1) considered to be in interstate commerce; and
       (2) subject to regulation under--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); or
       (B) any other provision of law under which regulatory 
     authority is based on the power of Congress to regulate 
     interstate commerce as enumerated in article I, section 8, 
     clause 3 of the Constitution.
                                 ______
                                 
  SA 2316. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 897, strike line 16 and all that follows 
     through page 914, line 9 and insert the following:

     SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.

       Section 9011 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8111) is repealed.
                                 ______
                                 
  SA 2317. Mr. LEE (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 3240, to reauthorize 
agricultural programs through 2017, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REINS ACT.

       (a) Short Title.--This section may be cited as the 
     ``Regulations From the Executive in Need of Scrutiny Act of 
     2011'' or the ``REINS Act''.
       (b) Findings and Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Section 1 of article I of the United States 
     Constitution grants all legislative powers to Congress.
       (B) Over time, Congress has excessively delegated its 
     constitutional charge while failing to conduct appropriate 
     oversight and retain accountability for the content of the 
     laws it passes.
       (C) By requiring a vote in Congress, this Act will result 
     in more carefully drafted and detailed legislation, an 
     improved regulatory process, and a legislative branch that is 
     truly accountable to the people of the United States for the 
     laws imposed upon them.
       (2) Purpose.--The purpose of this section is to increase 
     accountability for and transparency in the Federal regulatory 
     process.
       (c) Congressional Review of Agency Rulemaking.--Chapter 8 
     of title 5, United States Code, is amended to read as 
     follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec.  801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within sections 804(2)(A), 804(2)(B), and 
     804(2)(C);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       ``(v) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions pursuant to title 5 of the 
     United States Code, sections 603, 604, 605, 607, and 609;
       ``(iii) the agency's actions pursuant to title 2 of the 
     United States Code, sections 1532, 1533, 1534, and 1535; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date 
     as provided in section 802(b)(2). The report of the 
     Comptroller General shall include an assessment of the 
     agency's compliance with procedural steps required by 
     paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.
       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in section 801(a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report

[[Page 8826]]

     was submitted in accordance with subsection (a)(1)(A) during 
     the period beginning on the date occurring--
       ``(A) in the case of the Senate, 60 session days, or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day, or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,

     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec.  802. Congressional approval procedure for major rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced on or 
     after the date on which the report referred to in section 
     801(a)(1)(A) is received by Congress (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: `That Congress approves the rule 
     submitted by the _ _ relating to _ _.' (The blank spaces 
     being appropriately filled in).
       ``(1) In the House, the majority leader of the House of 
     Representatives (or his designee) and the minority leader of 
     the House of Representatives (or his designee) shall 
     introduce such joint resolution described in subsection (a) 
     (by request), within 3 legislative days after Congress 
     receives the report referred to in section 801(a)(1)(A).
       ``(2) In the Senate, the majority leader of the Senate (or 
     his designee) and the minority leader of the Senate (or his 
     designee) shall introduce such joint resolution described in 
     subsection (a) (by request), within 3 session days after 
     Congress receives the report referred to in section 
     801(a)(1)(A).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction under the rules of the House of 
     Representatives or the Senate to report a bill to amend the 
     provision of law under which the rule is issued.
       ``(2) For purposes of this section, the term `submission 
     date' means the date on which the Congress receives the 
     report submitted under section 801(a)(1).
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e)(1) In the House of Representatives, if the committee 
     or committees to which a joint resolution described in 
     subsection (a) has been referred have not reported it at the 
     end of 15 legislative days after its introduction, such 
     committee or committees shall be automatically discharged 
     from further consideration of the resolution and it shall be 
     placed on the appropriate calendar. A vote on final passage 
     of the resolution shall be taken on or before the close of 
     the 15th legislative day after the resolution is reported by 
     the committee or committees to which it was referred, or 
     after such committee or committees have been discharged from 
     further consideration of the resolution.
       ``(2)(A) A motion in the House of Representatives to 
     proceed to the consideration of a resolution shall be 
     privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       ``(B) Debate in the House of Representatives on a 
     resolution shall be limited to not more than two hours, which 
     shall be divided equally between those favoring and those 
     opposing the resolution. A motion to further limit debate 
     shall not be debatable. No amendment to, or motion to 
     recommit, the resolution shall be in order. It shall not be 
     in order to reconsider the vote by which a resolution is 
     agreed to or disagreed to.
       ``(C) Motions to postpone, made in the House of 
     Representatives with respect to the consideration of a 
     resolution, and motions to proceed to the consideration of 
     other business, shall be decided without debate.
       ``(D) All appeals from the decisions of the Chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to a resolution 
     shall be decided without debate.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply with respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(1) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(2) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(g) The enactment of a resolution of approval does not 
     serve as a grant or modification of statutory authority by 
     Congress for the promulgation of a rule, does not extinguish 
     or affect any claim, whether substantive or procedural, 
     against any alleged defect in a rule, and shall not form part 
     of the record before the court in any judicial proceeding 
     concerning a rule.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     ``Sec.  803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     _ _ relating to _ _, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(2) For purposes of this section, the term `submission or 
     publication date' means the later of the date on which--
       ``(A) the Congress receives the report submitted under 
     section 801(a)(1); or
       ``(B) the nonmajor rule is published in the Federal 
     Register, if so published.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution)

[[Page 8827]]

     at the end of 15 session days after the date of introduction 
     of the joint resolution, such committee may be discharged 
     from further consideration of such joint resolution upon a 
     petition supported in writing by 30 Members of the Senate, 
     and such joint resolution shall be placed on the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date, or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec.  804. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1);
       ``(2) the term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       ``(A) an annual effect on the economy of $100,000,000 or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets;
       ``(3) the term `nonmajor rule' means any rule that is not a 
     major rule; and
       ``(4) the term `rule' has the meaning given such term in 
     section 551, except that such term does not include--
       ``(A) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(B) any rule relating to agency management or personnel; 
     or
       ``(C) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.

     ``Sec.  805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.

     ``Sec.  806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec.  807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,

     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.
                                 ______
                                 
  SA 2318. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. ___. PROMOTION OF EXPORTS BY RURAL SMALL BUSINESSES.

       (a) Small Business Administration--United States Department 
     of Agriculture Interagency Coordination.--
       (1) Export financing programs.--In coordination with the 
     Secretary of Agriculture, the Administrator of the Small 
     Business Administration (in this section referred to as the 
     ``Administrator'' and the ``Administration'', respectively) 
     shall develop a program to cross-train export finance 
     specialists and personnel from the Office of International 
     Trade of the Administration on the export financing programs 
     of the Department of Agriculture and the Foreign Agricultural 
     Service.
       (2) Export assistance and business counseling programs.--In 
     coordination with the Secretary of Agriculture and the 
     Foreign Agricultural Service, the Administrator shall develop 
     a program to cross-train export finance specialists, 
     personnel from the Office of International Trade of the 
     Administration, Small Business Development Centers, women's 
     business centers, the Service Corps of Retired Executives 
     authorized by section 8(b)(1) of the Small Business Act (15 
     U.S.C. 637(b)(1)), Export Assistance Centers, and other 
     resource partners of the Administration on the export 
     assistance and business counseling programs of the Department 
     of Agriculture.
       (b) Report on Lenders.--Section 7(a)(16)(F) of the Small 
     Business Act (15 U.S.C. 636(a)(16)(F)) is amended--
       (1) in clause (i)--
       (A) by redesignating subclauses (I) through (III) as items 
     (aa) through (cc), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``list, have made'' and inserting the 
     following: ``list--

       ``(I) have made'';

       (C) in item (cc), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (D) by adding at the end the following:

       ``(II) were located in a rural area, as that term is 
     defined in section 1393(a)(2) of the Internal Revenue Code of 
     1986, or a nonmetropolitan statistical area and have made--

       ``(aa) loans guaranteed by the Administration; or
       ``(bb) loans through the programs offered by the United 
     States Department of Agriculture or the Foreign Agricultural 
     Service.''; and
       (2) in clause (ii)(II), by inserting ``and by resource 
     partners of the Administration'' after ``the 
     Administration''.
       (c) Cooperation With Small Business Development Centers.--
     Section 21(c)(3)(M) of the Small Business Act (15 U.S.C. 
     648(c)(3)(M)) is amended by inserting after ``the Department 
     of Commerce,'' the following: ``the Department of 
     Agriculture,''.
       (d) List of Rural Export Assistance Resources.--Section 
     22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is 
     amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following:
       ``(D) publishing an annual list of relevant resources and 
     programs of the district and regional offices of the 
     Administration, other Federal agencies, the small business 
     development center network, Export Assistance Centers, the 
     network of women's business centers, chapters of the Service 
     Corps of Retired Executives, State and local export promotion 
     programs, and partners in the private sector, that--

[[Page 8828]]

       ``(i) are administered or offered by entities located in 
     rural or nonmetropolitan statistical areas; and
       ``(ii) offer export assistance or business counseling 
     services to rural small businesses concerns; and''.
                                 ______
                                 
  SA 2319. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. __. COORDINATION ON ECONOMIC INJURY DISASTER 
                   DECLARATIONS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     (in this section referred to as the ``Administrator'' and the 
     ``Administration'', respectively) shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives, a report providing--
       (1) information on economic injury disaster declarations 
     under section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) made by the Administrator during the 10-year 
     period ending on the date of enactment of this Act, based on 
     a natural disaster declaration by the Secretary of 
     Agriculture;
       (2) information on economic injury disaster declarations 
     under section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) made by the Administrator during the 10-year 
     period ending on the date of enactment of this Act based on a 
     fishery resource disaster declaration from the Secretary of 
     Commerce;
       (3) information on whether the disaster response plan of 
     the Administration under section 40 of the Small Business Act 
     (15 U.S.C. 657l) adequately addresses coordination with the 
     Secretary of Agriculture and the Secretary of Commerce on 
     economic injury disaster assistance under section 7(b)(2) of 
     the Small Business Act (15 U.S.C. 636(b)(2));
       (4) recommended legislative changes, if any, for improving 
     agency coordination on economic injury disaster declarations 
     under section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)); and
       (5) such additional information as determined necessary by 
     the Administrator.
                                 ______
                                 
  SA 2320. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of part II of subtitle E of title VII, add the 
     following:

     SEC. 7515. IMPROVEMENTS TO THE PIONEER BUSINESS RECOVERY 
                   PROGRAM.

       (a) In General.--Section 12085 of the Food, Conservation, 
     and Energy Act of 2008 (15 U.S.C. 636j) is amended--
       (1) in the section heading, by striking ``EXPEDITED 
     DISASTER ASSISTANCE LOAN PROGRAM'' and inserting ``PIONEER 
     BUSINESS RECOVERY PROGRAM'';
       (2) in subsection (a), by striking ``expedited disaster 
     assistance business loan program'' and inserting ``Pioneer 
     Business Recovery Program'';
       (3) in subsection (b), by striking by striking ``an 
     expedited disaster assistance business loan program'' and 
     inserting ``a Pioneer Business Recovery Program''; and
       (4) in subsection (d)(3)(G)--
       (A) in clause (i), by striking ``section 7(b)(3)(B) of the 
     Small Business Act (15 U.S.C. 636(b)(3)(B))'' and inserting 
     ``section 7(b)(3)(E) of the Small Business Act (15 U.S.C. 
     636(b)(3)(E))''; and
       (B) in clause (ii), by inserting ``child care services,'' 
     after ``manufactured housing,''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Food, Conservation, and 
     Energy Act of 2008 (Public Law 110-246; 122 Stat. 923) is 
     amended by striking the item relating to section 12085 and 
     inserting the following:

``Sec. 12085. Pioneer Business Recovery Program.''.
                                 ______
                                 
  SA 2321. Ms. LANDRIEU 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 508, strike lines 13 and 14 and insert the 
     following:

     ``SEC. 3430. PROHIBITION ON USE OF LOANS FOR CERTAIN 
                   PURPOSES.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), the Secretary may not approve a loan under this 
     subtitle to drain, dredge, fill, level, or otherwise 
     manipulate a wetland (as defined in section 1201(a) of the 
     Food Security Act of 1985 (16 U.S.C. 3801(a))), or to engage 
     in any activity that results in impairing or reducing the 
     flow, circulation, or reach of water.
       ``(b) Prior Activity.--Subsection (a) does not apply in the 
     case of--
       ``(1) an activity related to the maintenance of a 
     previously converted wetland; or
       ``(2) an activity that had already commenced before 
     November 28, 1990.
       ``(c) Exception.--This section shall not apply to a loan 
     made or guaranteed under this subtitle for a utility line.

     ``SEC. 3431. AUTHORIZATION OF APPROPRIATIONS AND ALLOCATION 
                   OF FUNDS.

       Beginning on page 750, strike line 14 and all that follows 
     through page 751, line 6.
                                 ______
                                 
  SA 2322. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 996, strike line 21 and all that follows 
     through page 998, line 7, and insert the following:

     SEC. 12105. FERAL SWINE ERADICATION PILOT PROGRAM.

       (a) In General.--To eradicate or control the threat feral 
     swine pose to the domestic swine population, the entire 
     livestock industry, crops, natural plant communities, native 
     habitats, and wetlands, the Secretary, in consultation with 
     the Director of the United States Fish and Wildlife Service, 
     may establish a feral swine eradication pilot program.
       (b) Pilot.--Subject to the availability of appropriations 
     under this section, the Secretary may provide financial 
     assistance to States and other qualified entities for the 
     cost of carrying out a pilot program--
       (1) to study and assess the nature and extent of damage to 
     the pilot area caused by feral swine;
       (2) to develop methods to eradicate or control feral swine 
     in the pilot area; and
       (3) to develop methods to restore damage caused by feral 
     swine.
       (c) Priority.--For purposes of providing assistance under 
     subsection (b), the Secretary shall give priority to an area 
     of a State in which activities to eradicate other mammalian 
     invasive species have been conducted.
       (d) Coordination.--The Secretary shall ensure that the 
     Natural Resource Conservation Service and the Animal and 
     Plant Health Inspection Service, in consultation with the 
     States and other appropriate agencies, coordinate to carry 
     out the pilot program.
       (e) Cost Sharing.--
       (1) Federal share.--The Federal share of the costs of the 
     pilot program under this section may not exceed 75 percent of 
     the total costs of carrying out the pilot program.
       (2) In-kind contributions.--The non-Federal share of the 
     costs of the pilot program may be provided in the form of in-
     kind contributions of materials or services.
       (f) Limitation on Administrative Expenses.--Not more than 
     10 percent of financial assistance provided by the Secretary 
     under this section may be used for administrative expenses.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2013 through 2017.
                                 ______
                                 
  SA 2323. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REGIONAL OUTREACH ON DISASTER ASSISTANCE PROGRAMS.

       (a) Report.--In accordance with sections 7(b)(4) and 40(a) 
     of the Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) 
     and not later than 60 days after the date of enactment of 
     this Act, the Administrator of the Small Business 
     Administration (referred to in this section as the 
     ``Administrator'' and the ``Administration'', respectively) 
     shall submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives, a report 
     detailing--
       (1) information on the disasters, manmade or natural, most 
     likely to occur in each region of the Administration and 
     likely scenarios for each disaster in each region;
       (2) information on plans of the Administration, if any, to 
     conduct annual disaster outreach seminars, including events 
     with resource partners of the Administration, in each region 
     before periods of predictable disasters described in 
     paragraph (1);
       (3) information on plans of the Administration for 
     satisfying the requirements under section 40(a) of the Small 
     Business Act not satisfied on the date of enactment of this 
     Act; and
       (4) such additional information as determined necessary by 
     the Administrator.
       (b) Availability of Information.--The Administrator shall--
       (1) post the disaster information provided under subsection 
     (a) on the website of the Administration; and
       (2) make the information provided under subsection (a) 
     available, upon request, at each regional and district office 
     of the Administration.
                                 ______
                                 
  SA 2324. Mr. SANDERS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for

[[Page 8829]]

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

       On page 345, strike lines 5 through 10 and insert the 
     following:

     SEC. 4201. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR 
                   DISTRIBUTION TO SCHOOLS AND SERVICE 
                   INSTITUTIONS.

       Section 10603(b) of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 612c-4(b)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) in paragraph (1) (as so designated), by striking 
     ``2012'' and inserting ``2017''; and
       (3) by adding at the end the following:
       ``(2) Department of defense program option.--A school or 
     service institution described in paragraph (1) may carry out 
     this section by--
       ``(A) electing to participate in the Department of Defense 
     fresh fruit and vegetable distribution program;
       ``(B) under such terms and conditions as the Secretary 
     shall establish, purchasing locally and regionally grown 
     fruits and vegetables with amounts that would have been used 
     by the school or service institution to participate in the 
     Department of Defense fresh fruit and vegetable distribution 
     program; or
       ``(C) carrying out a combination of the activities 
     described in subparagraphs (A) and (B).''.
                                 ______
                                 
  SA 2325. Mr. CHAMBLISS (for himself, Mr. Cochran, Mr. Boozman, Mr. 
Isakson, Mr. Pryor, and Ms. Landrieu) 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 20, line 17, strike ``If'' and insert ``Except as 
     provided in subsection (d), if''.

       On page 27, after line 25, add the following:
       (d) Alternative Counter-cyclical Payments for Rice and 
     Peanuts.--
       (1) In general.--Subject to paragraph (2) and 
     notwithstanding any other provision of this section, for the 
     period of crop years 2013 through 2017, producers of rice and 
     peanuts may make a 1-time, irrevocable election to receive 
     counter-cyclical payments for rice and peanuts in accordance 
     with the terms and conditions of section 1304 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8754) (as it 
     existed on the day before the date of enactment of this Act), 
     in lieu of receiving payments for rice and peanuts in 
     accordance with subsections (a) through (c).
       (2) Administration.--For purposes of payments made under 
     paragraph (1)--
       (A) the target price for peanuts shall be $534 per ton;
       (B) the target price for long grain rice shall be $13.98 
     per hundredweight;
       (C) the target price for medium grain rice shall be $13.98 
     per hundredweight; and
       (D) payment acres shall be 100 percent of the acres planted 
     to rice and peanuts, not to exceed eligible acres.
                                 ______
                                 
  SA 2326. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 146, between lines 8 and 9, insert the following:
       (b) Application.--The amendments made by this section do 
     not apply until the date the Secretary completes and submits 
     to Congress a study that certifies that the amendments do not 
     adversely affect the eligibility of beginning farmers, 
     farmers with disabilities, and the spouses of those farmers 
     who are eligible for payments under provisions of law covered 
     by the amendments as of the day before the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2327. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 22, strike lines 8 and 9 and insert the following:
       (B) the cost of production (as defined by the Secretary) 
     for the crop year for the covered commodity.
                                 ______
                                 
  SA 2328. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 21, strike lines 1 through 5 and insert the 
     following:
       (A) in the case of a county with sufficient data (as 
     determined by the Secretary), county coverage under this 
     section; or
       (B) coverage under this section based on the applicable 
     crop reporting district.
       Beginning on page 22, strike line 20 and all that follows 
     through page 23, line 2, and insert the following:
       (A)(i) in the case of county coverage, the actual average 
     yield for the county for the covered commodity, as determined 
     by the Secretary; or
       (ii) in the case of crop reporting district coverage, the 
     actual average yield for the applicable crop reporting 
     district for the covered commodity, as determined by the 
     Secretary; and
       Beginning on page 23, strike line 18 and all that follows 
     through page 24, line 6, and insert the following:

       (I)(aa) in the case of county coverage, the average 
     historical county yield, as determined by the Secretary, for 
     the most recent 5 crop years, excluding each of the crop 
     years with the highest and lowest yields; and
       (bb) in the case of crop reporting district coverage, the 
     average historical yield for the applicable crop reporting 
     district, as determined by the Secretary, for the most recent 
     5 crop years, excluding each of the crop years with the 
     highest and lowest yields; and

       On page 24, line 20, insert ``established by the 
     Secretary'' after ``year''.
       On page 25, line 2, insert ``established by the Secretary'' 
     after ``year''.
       On page 26, line 10, strike ``individual coverage'' and 
     insert ``county coverage''.
       On page 26, line 17, strike ``county coverage'' and insert 
     ``crop reporting district coverage''.
                                 ______
                                 
  SA 2329. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 27, strike lines 9 through 15 and insert the 
     following:
       (C) differentiate by type or class the national average 
     price of--
       (i) sunflower seeds;
       (ii) barley, using malting barley values; and
       (iii) wheat;
       (D) ensure that a producer that elects to receive county 
     coverage under this section only receives an agriculture risk 
     coverage payment for a crop year if the producer suffers an 
     actual loss on the farm during that crop year, as determined 
     by the Secretary; and
       (E) assign a yield for each acre planted or
                                 ______
                                 
  SA 2330. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 21, strike lines 1 through 5 and insert the 
     following:
       (A) in the case of a county with sufficient data (as 
     determined by the Secretary), county coverage under this 
     section; or
       (B) coverage under this section based on the applicable 
     crop reporting district.
       Beginning on page 22, strike line 20 and all that follows 
     through page 23, line 2, and insert the following:
       (A)(i) in the case of county coverage, the actual average 
     yield for the county for the covered commodity, as determined 
     by the Secretary; or
       (ii) in the case of crop reporting district coverage, the 
     actual average yield for the applicable crop reporting 
     district for the covered commodity, as determined by the 
     Secretary; and
       On page 23, line 12, strike ``89 percent'' and insert ``85 
     percent''.
       Beginning on page 23, strike line 18 and all that follows 
     through page 24, line 6, and insert the following:

       (I)(aa) in the case of county coverage, the average 
     historical county yield, as determined by the Secretary, for 
     the most recent 5 crop years, excluding each of the crop 
     years with the highest and lowest yields; and
       (bb) in the case of crop reporting district coverage, the 
     average historical yield for the applicable crop reporting 
     district, as determined by the Secretary, for the most recent 
     5 crop years, excluding each of the crop years with the 
     highest and lowest yields; and

       On page 24, line 20, insert ``established by the 
     Secretary'' after ``year''.
       On page 25, line 2, insert ``established by the Secretary'' 
     after ``year''.
       On page 25, line 24, strike ``10 percent'' and insert ``20 
     percent''.
       On page 26, line 10, strike ``individual coverage'' and 
     insert ``county coverage''.
       On page 26, line 17, strike ``county coverage'' and insert 
     ``crop reporting district coverage''.
                                 ______
                                 
  SA 2331. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 763, strike lines 20 and 21 and insert the 
     following:
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Broadband service.--The term `broadband service' 
     means any terrestrial

[[Page 8830]]

     technology identified by the Secretary as having the capacity 
     to transmit data at speeds of at least at least 4 megabits 
     per second downstream and 1 megabit per second upstream.''; 
     and
       (B) by striking paragraph (3) and inserting the following:
       On page 767 strike lines 8 through 17 and insert the 
     following:
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Eligible projects.--Assistance provided under this 
     section may be used to carry out a project in a proposed 
     service territory only if, as of the date on which the 
     application of the eligible entity is submitted, no funds are 
     used to support any project (including for the upgrade of an 
     existing broadband facility) for any proposed award area in 
     which broadband service is available to more than 25 percent 
     of residential households from existing wireless or wireline 
     broadband providers, in the aggregate, other than the 
     applicant.'';
       (C) by striking ``loan or'' each place it appears in 
     paragraphs (3)(A), (4), (5),
                                 ______
                                 
  SA 2332. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 953, between lines 8 and 9, insert the following:

     SEC. 11011. ANNUAL LIMITATION ON ADMINISTRATIVE AND OPERATING 
                   EXPENSES.

       Section 508(k)(4) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(k)(4)) (as amended by section 11010) is amended 
     by adding at the end the following:
       ``(G) Annual limitation on administrative and operating 
     expenses.--The amount paid by the Corporation to reimburse 
     approved insurance providers and agents for the 
     administrative and operating costs of the approved insurance 
     providers and agents shall not exceed--
       ``(i) for the 2014 reinsurance year, $900,000,000; and
       ``(ii) for each subsequent reinsurance year, the amount of 
     administrative and operating costs received for the preceding 
     reinsurance year, adjusted to reflect changes in the Consumer 
     Price Index for All Urban Consumers published by the Bureau 
     of Labor Statistics of the Department of Labor for the 12-
     month period ending the preceding November 30.''.
                                 ______
                                 
  SA 2333. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 953, between lines 8 and 9, insert the following:

     SEC. 11011. REDUCED RATE OF RETURN.

       Section 508(k)(8) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(k)(8)) (as amended by section 11010) is amended 
     by adding at the end the following:
       ``(G) Reduced rate of return.--Beginning with the 2014 
     reinsurance year, the Standard Reinsurance Agreement shall be 
     adjusted to ensure a projected rate of return for the 
     approved insurance producers not to exceed 12 percent of the 
     retained premium, as determined by the Corporation.''.
                                 ______
                                 
  SA 2334. Mr. CHAMBLISS (for himself and Mr. Isakson) 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. __. JURISDICTION OF CORPS OF ENGINEERS.

       Notwithstanding any other provision of law (including 
     regulations), the Secretary of the Army, acting through the 
     Chief of Engineers, shall not expand the jurisdiction of the 
     Corps of Engineers to include any waters that are not 
     navigable waters (as defined in section 502 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362)).
                                 ______
                                 
  SA 2335. Mr. CHAMBLISS (for himself and Mr. Isakson) 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. __. PERMITS FOR DREDGED OR FILL MATERIAL.

       Section 404(f) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344(f)) is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2) of this subsection, the discharge'' and 
     inserting ``The discharge''; and
       (2) in paragraph (2), by striking ``having as its purpose 
     bringing an area of the navigable waters into a use to which 
     it was not previously subject, where the flow or circulation 
     of navigable waters may be impaired or the reach of such 
     waters be reduced,'' and inserting ``having as its purpose 
     bringing an area into a use not described in paragraph (1)''.
                                 ______
                                 
  SA 2336. Mr. CHAMBLISS (for himself, Mrs. Feinstein, and Mr. Isakson) 
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 XII, add the following:

     SEC. 12__. IMPORT PROHIBITIONS ON SPECIFIED FOREIGN PRODUCE.

       Section 8e 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 first 
     sentence by insert ``olive oil,'' after ``clementines,''.
                                 ______
                                 
  SA 2337. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 26, strike lines 12 and 13 and insert the 
     following:
       (I) 100 percent of the planted eligible acres of the 
     covered commodity, but not to exceed the base acres (as 
     defined in section 1001 of the Food, Conservation, and Energy 
     Act of 2008 (7 U.S.C. 8702)) of the covered commodity; and
       On page 26, strike lines 18 and 19 and insert the 
     following:
       (I) 100 percent of the planted eligible acres of the 
     covered commodity, but not to exceed the base acres (as 
     defined in section 1001 of the Food, Conservation, and Energy 
     Act of 2008 (7 U.S.C. 8702)) of the covered commodity; and
                                 ______
                                 
  SA 2338. Mr. CHAMBLISS (for himself and Mr. Isakson) 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. RENEWABLE FUEL PROGRAM.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended by striking subsection (o).
                                 ______
                                 
  SA 2339. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 69, strike line 15 and insert the following:
       (2) Certificates of quota eligibility.--Section 359k of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is 
     amended by adding at the end the following:
       ``(c) Certificates of Quota Eligibility.--Notwithstanding 
     any other provision of law, the President shall permit 
     holders of certificates of quota eligibility for raw cane 
     sugar to freely assign, trade, or transfer the certificates 
     among other such holders to facilitate the use of the 
     certificates to the maximum extent practicable.''.
       (3) Effective period.--Section 359l(a) of
                                 ______
                                 
  SA 2340. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 69, strike line 15 and insert the following:
       (2) Sugar import quota adjustment date.--Section 359k(b) of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk(b)) 
     is amended--
       (A) by striking ``April 1'' each place it appears and 
     inserting ``February 1''; and
       (B) by striking ``April 1'' each place it appears and 
     inserting ``February 1''.
       (3) Effective period.--Section 359l(a) of
                                 ______
                                 
  SA 2341. 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 title III, add the following:

                       Subtitle D--Other Matters

     SEC. 3301. PROHIBITION ON PROPOSAL OR ACCEPTANCE BY UNITED 
                   STATES TRADE REPRESENTATIVE DURING TRADE 
                   NEGOTIATIONS OF CERTAIN PROVISIONS AUTHORIZING 
                   REGULATION OF SPECIFIC AGRICULTURAL PRODUCTS.

       In any negotiations for a trade agreement that are 
     initiated after or ongoing on the

[[Page 8831]]

     date of the enactment of this Act, the United States Trade 
     Representative may not propose or accept for inclusion in the 
     agreement a provision that--
       (1) authorizes the regulation of a specific agricultural 
     product in manner that is discriminatory or differential 
     relative to the treatment of all other agricultural products 
     under the agreement; and
       (2) provides for treatment (other than tariff treatment) of 
     the specific agricultural product that is less favorable than 
     the treatment provided for that product under the terms of 
     the Uruguay Round Agreements (as defined in section 2 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3501)).
                                 ______
                                 
  SA 2342. Mr. CHAMBLISS (for himself and Mr. Isakson) 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. REDUCTION OF ADMINISTRATIVE PERSONNEL.

       (a) In General.--Notwithstanding any other provision of 
     law, except as provided in subsection (b), the Secretary 
     shall reduce the total number of full-time equivalent staff 
     who are assigned to the headquarters programs and activities 
     of the Department of Agriculture by 2 percent during fiscal 
     year 2013.
       (b) Prohibition.--Employee reductions under this section 
     shall not include employees of the Secretary who--
       (1) work for the Farm Service Agency, Natural Resources 
     Conservation Service, Risk Management Agency, or the rural 
     development mission area; and
       (2) are responsible for implementing programs of the 
     Department described in this Act or an amendment made by this 
     Act.
                                 ______
                                 
  SA 2343. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 XII, insert the following:

                        Subtitle D--HARVEST Act

     SEC. 12301. SHORT TITLE.

       This title may be cited as the ``Helping Agriculture 
     Receive Verifiable Employees Securely and Temporarily Act of 
     2012'' or the ``HARVEST Act of 2012''.

     SEC. 12302. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) farmers and ranchers in the United States produce the 
     highest quality food and fiber in the world;
       (2) abundant harvests in the United States allow this 
     Nation to provide over \1/2\ of the world's food aid 
     donations to help our international neighbors in need;
       (3) it is in the best interest of the American people for 
     their agricultural goods to be produced in the United States;
       (4) the United States is the world's largest agricultural 
     exporter and is one of the few sectors of the United States 
     economy that produces a trade surplus;
       (5) the Secretary of Agriculture announced that the United 
     States exported $108,700,000,000 worth of agricultural 
     exports during fiscal year 2010;
       (6) Americans enjoy the highest quality food at the lowest 
     cost compared to any industrialized nation in the world, 
     spending less than 10 percent of our household income on 
     food;
       (7) the continued safety of the agricultural goods produced 
     in the United States is an issue of national security;
       (8) the agricultural labor force of the United States is 
     overwhelmingly composed of foreign labor;
       (9) due to the importance of food safety, it is critical to 
     know who is handling our Nation's food supply and who is 
     working on our Nation's farms and ranches;
       (10) there could be detrimental effects on the United 
     States economy for farms to downsize or close operations due 
     to labor shortages;
       (11) decreased agricultural production could have 
     ramifications throughout the farm support industries, such as 
     food processing, fertilizers, and equipment manufacturers;
       (12) a shortage of agriculture labor could lead to 
     decreased supply and increased prices for food and fiber; and
       (13) this Nation needs both secure borders and an 
     immigration system that allows those who seek legal immigrant 
     status through the proper channels to work in the diverse 
     sectors of the agriculture industry.

     SEC. 12303. ADMISSION OF TEMPORARY AGRICULTURAL WORKERS.

       (a) Definition.--Section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)) is amended by striking ``, of a 
     temporary or seasonal nature''.
       (b) Procedure for Admission.--
       (1) In general.--Section 218 of the Immigration and 
     Nationality Act (8 U.S.C. 1188) is amended to read as 
     follows:

     ``SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

       ``(a) Definitions.--In this section and in section 218A:
       ``(1) Adverse effect wage rate.--The term `adverse effect 
     wage rate' means 115 percent of the greater of--
       ``(A) the State minimum wage; or
       ``(B) the hourly wage prescribed under section 6(a)(1) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
       ``(2) Area of employment.--The term `area of employment' 
     means the area within normal commuting distance of the work 
     site or physical location at which the work of the H-2A 
     worker is or will be performed. If such work site or location 
     is within a Metropolitan Statistical Area, any place within 
     such area shall be considered to be within the area of 
     employment.
       ``(3) Displace.--In the case of an application with respect 
     to an H-2A worker filed by an employer, an employer 
     `displaces' a United States worker from a job if the employer 
     lays off the worker from a job that is essentially equivalent 
     to the job for which the H-2A worker is sought. A job shall 
     be considered essentially equivalent to another job if the 
     job--
       ``(A) involves essentially the same responsibilities as the 
     other job;
       ``(B) was held by a United States worker with substantially 
     equivalent qualifications and experience; and
       ``(C) is located in the same area of employment as the 
     other job.
       ``(4) Eligible individual.--The term `eligible individual' 
     means an alien who is not ineligible for an H-2A visa 
     pursuant to subsection (l).
       ``(5) Employer.--The term `employer' means an employer who 
     hires workers to perform--
       ``(A) animal agriculture or agricultural processing;
       ``(B) agricultural work included within the provisions of 
     section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)) or section 3121(g) of the Internal Revenue 
     Code of 1986;
       ``(C) drying, packing, packaging, processing, freezing, or 
     grading prior to delivery for storage of any agricultural or 
     horticultural commodity in its unmanufactured state; or
       ``(D) dairy or feedyard work.
       ``(6) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant who--
       ``(A) continuously maintains a residence and place of abode 
     outside of the United States which the alien has no intention 
     of abandoning; and
       ``(B)(i) is seeking to work for an employer performing 
     agricultural labor in the United States for not more than 10 
     months during each calendar year in a job for which United 
     States workers are not available and willing to perform such 
     service or labor; or
       ``(ii)(I) is seeking to work for an employer performing 
     agricultural labor in the United States in a job for which 
     United States workers are not available and willing to 
     perform such service or labor;
       ``(II) commutes each business day across the United States 
     international border to work for a qualified United States 
     employer; and
       ``(III) returns across the United States international 
     border to his or her foreign residence and place of abode at 
     the end of each business day.
       ``(7) Lay off.--
       ``(A) In general.--The term `lay off'--
       ``(i) means to cause a worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (3) 
     or (7) of subsection (b)); and
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under subsection (h), with either employer described in such 
     subsection) at equivalent or higher compensation and benefits 
     than the position from which the employee was discharged, 
     regardless of whether or not the employee accepts the offer.
       ``(B) Construction.--Nothing in this paragraph may be 
     construed to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(8) United states worker.--The term `United States 
     worker' means any worker who is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien authorized to work in the relevant job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).
       ``(b) Labor Attestation Process.--The Secretary of 
     Agriculture shall utilize the labor attestation process 
     described in this subsection until the Secretary of Labor 
     certifies that, based on State workforce agency data, there 
     is an adequate domestic workforce in the United States to 
     fill agricultural

[[Page 8832]]

     jobs in the State in which the agricultural employer is 
     seeking H-2A workers. Once the Secretary of Labor certifies 
     that there are adequate authorized workers in a State to fill 
     agricultural jobs (excluding H-2A workers), the Secretary of 
     Agriculture, after consultation with the Secretary of Labor, 
     shall issue regulations describing a labor certification 
     process for agricultural employers seeking H-2A workers. An 
     alien may not be admitted as an H-2A worker unless the 
     employer has filed an application with the Secretary of 
     Agriculture in which the employer attests to the following:
       ``(1) Temporary work or services.--
       ``(A) In general.--The employer is seeking to employ a 
     specific number of agricultural workers on a temporary basis 
     and will provide compensation to such workers at a specified 
     wage rate and under specified conditions.
       ``(B) Skilled workers.--If the worker is a Level 2 H-2A 
     worker, the employer will recruit the worker separately and 
     the application will delineate separate wage rate and 
     conditions of employment for such worker.
       ``(C) Defined term.--In this paragraph and in subsection 
     (h)(6)(B), a worker is considered to be `employed on a 
     temporary basis' if the employer employs the worker for not 
     longer than 10 months in a calendar year.
       ``(2) Benefits, wages, and working conditions.--The 
     employer will provide, at a minimum, the benefits, wages, and 
     working conditions required under subsection (k) to--
       ``(A) all workers employed in the jobs for which the H-2A 
     worker is sought; and
       ``(B) all other temporary workers in the same occupation at 
     the same place of employment.
       ``(3) Nondisplacement of united states workers.--The 
     employer did not and will not displace a United States worker 
     employed by the employer during the period of employment of 
     the H-2A worker and during the 30-day period immediately 
     preceding such period of employment in the occupation at the 
     place of employment for which the employer seeks approval to 
     employ H-2A workers.
       ``(4) Recruitment.--
       ``(A) In general.--The employer will--
       ``(i) describe previous recruitment efforts made before the 
     filing of the application; and
       ``(ii) complete adequate recruitment requirements before H-
     2A workers are issued a visa at an American consulate.
       ``(B) Adequate recruitment.--The adequate recruitment 
     requirements under subparagraph (A)(ii) are satisfied if the 
     employer--
       ``(i) submits a copy of the job offer to the local office 
     of the State workforce agency serving the area of intended 
     employment and authorizes the posting of the job opportunity 
     on the Department of Labor's electronic registry of job 
     applications for all other occupations in the same manner as 
     other United States employers, except that nothing in this 
     clause shall require the employer to file an interstate job 
     order under section 653 of title 20, Code of Federal 
     Regulations;
       ``(ii) advertises the availability of the job opportunities 
     for which the employer is seeking workers in a publication in 
     the local market that is likely to be patronized by potential 
     farm workers; and
       ``(iii) mails a letter through the United States Postal 
     Service or otherwise contacts any United States worker the 
     employer employed within the past year in the occupation at 
     the place of intended employment for which the employer is 
     seeking H-2A workers that describes available job 
     opportunities, unless the worker was terminated from 
     employment by the employer for a lawful job-related reason or 
     abandoned the job before the worker completed the period of 
     employment of the job opportunity for which the worker was 
     hired.
       ``(C) Advertisement requirement.--The advertisement 
     requirement under subparagraph (B)(ii) is satisfied if the 
     employer runs an advertisement for 2 consecutive days that--
       ``(i) names the employer;
       ``(ii) describes the job or jobs;
       ``(iii) provides instructions on how to contact the 
     employer to apply for the job;
       ``(iv) states the duration of employment;
       ``(v) describes the geographic area with enough specificity 
     to apprise applicants of any travel requirements and where 
     applicants will likely have to reside to perform the job;
       ``(vi) states the rate of pay; and
       ``(vii) describes working conditions and the availability 
     of housing or the amount of housing allowances.
       ``(D) End of recruitment requirement.--The requirement to 
     recruit and hire United States workers for the contract 
     period for which H-2A workers have been hired shall terminate 
     on the first day of such contract period.
       ``(5) Offers to united states workers.--The employer has 
     offered or will offer the job for which the nonimmigrant is 
     sought to any eligible United States worker who--
       ``(A) applies;
       ``(B) will be available at the time and place of need; and
       ``(C) is able and willing to complete the period of 
     employment.
       ``(6) Provision of insurance.--If the job for which the H-
     2A worker is sought is not covered by State workers' 
     compensation law, the employer will provide, at no cost to 
     the worker, insurance covering injury and disease arising out 
     of, and in the course of, the worker's employment, which will 
     provide benefits at least equal to those provided under the 
     State workers' compensation law for comparable employment. No 
     employer shall be liable for the provision of health 
     insurance for any H-2A worker.
       ``(7) Strike or lockout.--There is not a strike or lockout 
     in the course of a labor dispute that precludes the hiring of 
     H-2A workers.
       ``(8) Previous violations.--The employer has not, during 
     the previous 5-year period, employed H-2A workers and 
     knowingly violated a material term or condition of approval 
     with respect to the employment of domestic or nonimmigrant 
     workers, as determined by the Secretary of Agriculture after 
     notice and opportunity for a hearing.
       ``(c) Public Examination.--Not later than 1 working day 
     after the date on which an application is filed under this 
     section, the employer shall make a copy of each such 
     application (and any necessary accompanying documents) 
     available for public examination, at the employer's work site 
     or principal place of business.
       ``(d) List.--
       ``(1) In general.--The Secretary of Agriculture shall 
     maintain a list of the applications filed under subsection 
     (b), sorted by employer, which shall include--
       ``(A) the number of H-2A workers sought;
       ``(B) the wage rate;
       ``(C) the date work is scheduled to begin; and
       ``(D) the period of intended employment.
       ``(2) Availability.--The Secretary of Agriculture shall 
     make the list described in paragraph (1) available for public 
     examination.
       ``(e) Applying for Admission.--
       ``(1) In general.--An employer, or an association acting as 
     an agent or joint employer for its members, that seeks the 
     admission into the United States of an H-2A worker shall file 
     an application that includes the attestations described in 
     subsection (b) with the Secretary of Agriculture.
       ``(2) Consideration of applications.--For each application 
     filed under this subsection--
       ``(A) the Secretary of Agriculture may not require such 
     application to be filed more than 60 days before the first 
     date on which the employer requires the labor or services of 
     the H-2A worker; and
       ``(B) unless the Secretary of Agriculture determines that 
     the application is incomplete or obviously inaccurate, or the 
     Secretary has probable cause to suspect the application was 
     fraudulently made, the Secretary shall either approve or deny 
     the application not later than 15 days after the date on 
     which such application was filed.
       ``(3) Application agreements.--By filing an H-2A 
     application, an applicant and each employer consents to allow 
     the Department of Agriculture access to the site where labor 
     is being performed for the purpose of determining compliance 
     with H-2A requirements.
       ``(4) Multistate employers.--Employers with multiple 
     operations may use H-2A workers in the occupations for which 
     they are sought in all places in which the employer has 
     operations if the employer--
       ``(A) designates on the application each location at which 
     such workers will be used; and
       ``(B) performs adequate recruitment efforts in each State 
     in which such workers will be used.
       ``(f) Roles of Agricultural Associations.--
       ``(1) Permitting filing by agricultural associations.--An 
     application to hire an H-2A worker may be filed by an 
     association of agricultural employers which use agricultural 
     labor.
       ``(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of H-2A workers, such 
     H-2A workers may be transferred among its members to perform 
     agricultural labor of the same nature for which the 
     application was approved.
       ``(3) Treatment of violations.--
       ``(A) Individual member.--If an individual member of a 
     joint employer association violates any condition for 
     approval with respect to the member's application, the 
     Secretary of Agriculture shall deny such application only 
     with respect to that member of the association unless the 
     Secretary determines that the association or other member 
     participated in, had knowledge of, or had reason to know of 
     the violation.
       ``(B) Association of agricultural employers.--
       ``(i) Joint employer.--If an association representing 
     agricultural employers as a joint employer violates any 
     condition for approval with respect to the association's 
     application, the Secretary of Agriculture shall deny such 
     application only with respect to the association and may not 
     apply the denial to any individual member of the association, 
     unless the Secretary determines that the member participated 
     in, had knowledge of, or had reason to know of the violation.
       ``(ii) Sole employer.--If an association of agricultural 
     employers approved as a sole employer violates any condition 
     for approval with respect to the association's application, 
     no individual member of the association may

[[Page 8833]]

     be the beneficiary of the services of H-2A workers admitted 
     under this section in the occupation in which such H-2A 
     workers were employed by the association which was denied 
     approval during the period such denial is in force.
       ``(g) Expedited Administrative Appeals.--The Secretary of 
     Agriculture, in conjunction with the Secretary of State and 
     the Secretary of Homeland Security, shall issue regulations 
     to provide for an expedited procedure--
       ``(1) for the review of a denial of an application under 
     this section by any of the Secretaries; or
       ``(2) at the applicant's request, for a de novo 
     administrative hearing of the denial.
       ``(h) Miscellaneous Provisions.--
       ``(1) Requirements for placement of h 2a workers with other 
     employers.--An H-2A worker may be transferred to another 
     employer that has had an application approved under this 
     section. The Secretary of Homeland Security and the Secretary 
     of State shall issue regulations to establish a process for 
     the approval and reissuance of visas for transferred H-2A 
     workers.
       ``(2) Endorsement of documents.--The Secretary of Homeland 
     Security shall provide for the endorsement of entry and exit 
     documents of H-2A workers to carry out this section and to 
     provide notice under section 274A.
       ``(3) Preemption of state laws.--This section and 
     subsections (a) and (c) of section 214 preempt any State or 
     local law regulating admissibility of nonimmigrant workers.
       ``(4) Fees.--The Secretary of Agriculture may charge a 
     reasonable fee to recover the costs of processing 
     applications under this section. In determining the amount of 
     the fee to be charged under this paragraph, the Secretary 
     shall consider whether the employer is a single employer or 
     an association and the number of H-2A workers intended to be 
     employed.
       ``(5) E-Verify participation by employers.--The Secretary 
     of Agriculture shall require employers participating in the 
     H-2A program to register with and participate in E Verify, as 
     established under title IV of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208).
       ``(i) Failure To Meet Conditions.--
       ``(1) In general.--The Secretary of Agriculture shall 
     conduct investigations and random audits of employer work 
     sites to ensure employer compliance with the requirements 
     under this section. All monetary fines assessed under this 
     section shall be paid by the violating employer to the 
     Department of Agriculture and used by the Secretary to 
     conduct audits and investigations.
       ``(2) Penalties for failure to meet conditions.--If the 
     Secretary of Agriculture finds, after notice and opportunity 
     for a hearing, a failure to meet a material condition under 
     subsection (b), or a material misrepresentation of fact in an 
     application filed under subsection (b), the Secretary--
       ``(A) shall notify the Secretary of Homeland Security of 
     such finding; and
       ``(B) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $1,000 per violation, as the Secretary of Agriculture 
     determines to be appropriate.
       ``(3) Penalties for willful failure.--If the Secretary of 
     Agriculture finds, after notice and opportunity for a 
     hearing, a willful failure to meet a material condition under 
     subsection (b) or a willful misrepresentation of a material 
     fact in an application filed under subsection (b), the 
     Secretary--
       ``(A) shall notify the Secretary of Homeland Security of 
     such finding;
       ``(B) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $5,000 per violation, as the Secretary of Agriculture 
     determines to be appropriate;
       ``(C) may disqualify the employer from the employment of H-
     2A workers for a period of 2 years;
       ``(D) for a second violation, may disqualify the employer 
     from the employment of H-2A workers for a period of 5 years; 
     and
       ``(E) for a third violation, may permanently disqualify the 
     employer from the employment of H-2A workers.
       ``(4) Penalties for displacement of united states 
     workers.--If the Secretary of Agriculture finds, after notice 
     and opportunity for a hearing, a willful failure to meet a 
     material condition of subsection (b) or a willful 
     misrepresentation of a material fact in an application filed 
     under subsection (b), and the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application, or during the 30-
     day period preceding such period of employment, the 
     Secretary--
       ``(A) shall notify the Secretary of Homeland Security of 
     such finding;
       ``(B) may impose such other administrative remedies, 
     including civil money penalties in an amount not to exceed 
     $15,000 per violation, as the Secretary of Agriculture 
     determines to be appropriate;
       ``(C) may disqualify the employer from the employment of H-
     2A workers for a period of 5 years; and
       ``(D) for a second violation, may permanently disqualify 
     the employer from the employment of H-2A workers.
       ``(5) Limitations on civil money penalties.--The Secretary 
     of Agriculture may not impose total civil money penalties 
     with respect to an application filed under subsection (b) in 
     excess of $100,000.
       ``(j) Failure To Pay Wages or Required Benefits.--
       ``(1) In general.--The Secretary of Agriculture shall 
     conduct investigations and random audits of employer work 
     sites to ensure employer compliance with the requirements 
     under this section.
       ``(2) Assessment.--If the Secretary of Agriculture finds, 
     after notice and opportunity for a hearing, that the employer 
     has failed to pay the wages or provide the housing allowance, 
     transportation, subsistence requirement, or guarantee of 
     employment attested in the application filed by the employer 
     under subsection (b)(2), the Secretary shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question.
       ``(3) Amount.--The back wages or other required benefits 
     described in paragraph (2)--
       ``(A) shall be equal to the difference between the amount 
     that should have been paid and the amount that was paid to 
     such worker; and
       ``(B) shall be distributed to the worker to whom such wages 
     are due.
       ``(k) Minimum Wages, Benefits, and Working Conditions.--
       ``(1) Preferential treatment of aliens prohibited.--
       ``(A) In general.--Each employer seeking to hire United 
     States workers shall offer such workers not less than the 
     same benefits, wages, and working conditions that the 
     employer is offering, intends to offer, or will provide to H-
     2A workers in the same occupation. No job offer may impose 
     any restriction or obligation on United States workers which 
     will not be imposed on the employer's H-2A workers. The 
     benefits, wages, and other terms and conditions of employment 
     described in this subsection shall be provided in connection 
     with employment under this section.
       ``(B) Interpretation.--Every interpretation and 
     determination made under this section or under any other law, 
     regulation, or interpretative provision regarding the nature, 
     scope, and timing of the provision of these and any other 
     benefits, wages, and other terms and conditions of employment 
     shall be made so that--
       ``(i) the services of workers to their employers and the 
     employment opportunities afforded to workers by the 
     employers, including those employment opportunities that 
     require United States workers or H-2A workers to travel or 
     relocated in order to accept or perform employment--

       ``(I) mutually benefit such workers, as well as their 
     families, and employers;
       ``(II) principally benefit neither employer nor employee; 
     and
       ``(III) employment opportunities within the United States 
     benefit the United States economy.

       ``(2) Required wages.--
       ``(A) In general.--Each employer applying for workers under 
     subsection (b) shall pay not less (and is not required to pay 
     more) than the greater of--
       ``(i) the hourly wage prescribed under section 6(a)(1) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or 
     the applicable State minimum wage;
       ``(ii) the adverse effect wage rate.
       ``(B) Wages for level 2 h-2a workers.--
       ``(i) In general.--Each employer applying for Level 2 H-2A 
     workers under subsection (b) shall pay such workers not less 
     than 140 percent of the adverse effect wage rate for H-2A 
     workers, excluding piece-rate wages.
       ``(ii) Wage rate data.--The Secretary of Agriculture shall 
     expand and disaggregate the source of wage rate data used in 
     the survey conducted by the National Agricultural Statistics 
     Service to include--

       ``(I) first line farming supervisors/managers;
       ``(II) graders and sorters of agricultural products;
       ``(III) agricultural equipment operators;
       ``(IV) crop and nursery farmworkers and laborers;
       ``(V) ranch and farm animal farmworkers; and
       ``(VI) all other agricultural workers.

       ``(iii) Study and report.--

       ``(I) Study.--After the Secretary of Agriculture collects 
     wage rate data for 2 years using the method described in 
     clause (ii), the Secretary of Agriculture, in conjunction 
     with the Secretary of Labor, shall conduct a study to 
     determine if--

       ``(aa) the wages accurately reflect prevailing wages for 
     similar occupations in the area of employment; and
       ``(bb) it is necessary to establish a new wage methodology 
     to prevent the depression of United States farmworker wages.

       ``(II) Report.--Not later than 3 years after the date of 
     the enactment of the HARVEST Act of 2012, the Secretary of 
     Agriculture shall submit a final report reflecting the 
     findings of the study conducted under subclause (I) to--

       ``(aa) the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate;
       ``(bb) the Committee on the Judiciary of the Senate;

[[Page 8834]]

       ``(cc) the Committee on Agriculture of the House of 
     Representatives; and
       ``(dd) the Committee on the Judiciary of the House of 
     Representatives.
       ``(3) Housing requirement.--
       ``(A) In general.--Except as provided under subparagraph 
     (F), each employer applying for workers under subsection (b) 
     shall offer to provide housing at no cost to--
       ``(i) all workers in job opportunities for which the 
     employer has applied under subsection (b); and
       ``(ii) all other workers in the same occupation at the same 
     place of employment whose place of residence is beyond normal 
     commuting distance.
       ``(B) Compliance.--An employer meets the requirement under 
     subparagraph (A) if the employer--
       ``(i) provides the workers with housing that meets 
     applicable Federal standards for temporary labor camps; or
       ``(ii) secures housing for the workers that--

       ``(I) meets applicable local standards for rental or public 
     accommodation housing, or other substantially similar class 
     of habitation; or
       ``(II) in the absence of applicable local standards, meets 
     State standards for rental or public accommodation housing or 
     other substantially similar class of habitation.

       ``(C) Inspection.--
       ``(i) Request.--At the time an employer that plans to 
     provide housing described in subparagraph (B) to H-2A workers 
     files an application for H-2A workers with the Secretary of 
     Agriculture, the employer shall request a certificate of 
     inspection by an approved Federal or State agency.
       ``(ii) Inspection; follow up.--Not later than 28 days after 
     the receipt of a request under clause (i), the Secretary of 
     Agriculture shall ensure that--

       ``(I) such an inspection has been conducted; and
       ``(II) any necessary follow up has been scheduled to ensure 
     compliance with the requirements under this paragraph.

       ``(iii) Delay prohibited.--The Secretary of Agriculture may 
     not delay the approval of an application for failing to 
     comply with the deadlines set forth in clause (iii).
       ``(D) Rulemaking.--The Secretary of Agriculture shall issue 
     regulations that address the specific requirements for the 
     provision of housing to workers engaged in the range 
     production of livestock.
       ``(E) Housing allowance.--
       ``(i) Authority.--If the Governor of a State certifies to 
     the Secretary of Agriculture that there is adequate housing 
     available in the area of intended employment for migrant farm 
     workers and H-2A workers who are seeking temporary housing 
     while employed in agricultural work, an employer in such 
     State may provide a reasonable housing allowance instead of 
     offering housing pursuant to subparagraph (A). An employer 
     who provides a housing allowance to a worker shall not be 
     required to reserve housing accommodations for the worker.
       ``(ii) Assistance in locating housing.--Upon the request of 
     a worker seeking assistance in locating housing, an employer 
     providing a housing allowance under clause (i) shall make a 
     good faith effort to assist the worker in identifying and 
     locating housing in the area of intended employment.
       ``(iii) Limitation.--A housing allowance may not be used 
     for housing that is owned or controlled by the employer. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies under this subparagraph shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       ``(iv) Other requirements.--

       ``(I) Nonmetropolitan county.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan county.--If the place of employment of 
     the workers provided an allowance under this subparagraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(v) Information.--If the employer provides a housing 
     allowance to H-2A employees, the employer shall provide a 
     list of the names and local addresses of such workers to the 
     Secretary of Agriculture and the Secretary of Homeland 
     Security once per contract period.
       ``(4) Reimbursement of transportation costs.--
       ``(A) Requirement for reimbursement.--A worker who 
     completes 50 percent of the period of employment of the job 
     for which the worker was hired shall be reimbursed by the 
     employer, beginning on the first day of such employment, for 
     the cost of the worker's transportation and subsistence 
     from--
       ``(i) the place from which the worker was approved to enter 
     the United States to the location at which the work for the 
     employer is performed; or
       ``(ii) if the worker traveled from a place in the United 
     States at which the worker was last employed, from such place 
     of last employment to the location at which the work for the 
     employer is being performed.
       ``(B) Timing of reimbursement.--Reimbursement to the worker 
     of expenses for the cost of the worker's transportation and 
     subsistence to the place of employment under subparagraph (A) 
     shall be considered timely if such reimbursement is made not 
     later than the worker's first regular payday after a worker 
     completes 50 percent of the period of employment of the job 
     opportunity as provided under this paragraph.
       ``(C) Additional reimbursement.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the work site to the 
     place where the worker was approved to enter the United 
     States to work for the employer. If the worker has contracted 
     with a subsequent employer, the previous and subsequent 
     employer shall share the cost of the worker's transportation 
     and subsistence from work site to work site.
       ``(D) Amount of reimbursement.--The amount of reimbursement 
     provided to a worker under this paragraph shall be equal to 
     the lesser of--
       ``(i) the actual cost to the worker of the transportation 
     and subsistence involved; or
       ``(ii) the most economical and reasonable common carrier 
     transportation and subsistence costs for the distance 
     involved.
       ``(E) Reimbursement for laid off workers.--If the worker is 
     laid off or employment is terminated for contract 
     impossibility (as described in paragraph (5)(D)) before the 
     anticipated ending date of employment, the employer shall 
     provide--
       ``(i) the transportation and subsistence required under 
     subparagraph (C); and
       ``(ii) notwithstanding whether the worker has completed 50 
     percent of the period of employment, the transportation 
     reimbursement required under subparagraph (A).
       ``(F) Transportation.--The employer shall provide 
     transportation between the worker's living quarters and the 
     employer's work site without cost to the worker in accordance 
     with applicable laws and regulations.
       ``(G) Construction.--Nothing in this paragraph may be 
     construed to require an employer to reimburse visa, passport, 
     consular, or international border-crossing fees incurred by 
     the worker or any other fees associated with the worker's 
     lawful admission into the United States to perform 
     employment.
       ``(5) Employment guarantee.--
       ``(A) In general.--
       ``(i) Requirement.--Each employer applying for workers 
     under subsection (b) shall guarantee to offer each such 
     worker employment for the hourly equivalent of not less than 
     75 percent of the work hours during the total anticipated 
     period of employment beginning with the first work day after 
     the arrival of the worker at the place of employment and 
     ending on the expiration date specified in the job offer.
       ``(ii) Failure to meet guarantee.--If the employer affords 
     the United States worker or the H-2A workers less employment 
     than that required under this subparagraph, the employer 
     shall pay such worker the amount which the worker would have 
     earned if the worker had worked for the guaranteed number of 
     hours.
       ``(iii) Period of employment.--In this subparagraph, the 
     term `period of employment' means the total number of 
     anticipated work hours and work days described in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays.
       ``(B) Calculation of hours.--Any hours which the worker 
     fails to work, up to a maximum number of hours specified in 
     the job offer for a work day, when the worker has been 
     offered an opportunity to do so, and all hours of work 
     actually performed (including voluntary work in excess of the 
     number of hours specified in the job offer in a work day, on 
     the worker's Sabbath, or on Federal holidays) may be counted 
     by the employer in calculating whether the period of 
     guaranteed employment has been met.
       ``(C) Limitation.--If the worker voluntarily abandons 
     employment before the end of the contract period, or is 
     terminated for cause, the worker is not entitled to the 75 
     percent guarantee described in subparagraph (A).
       ``(D) Termination of employment.--
       ``(i) In general.--If, before the expiration of the period 
     of employment specified in the job offer, the services of the 
     worker are no longer required due to any form of natural 
     disaster, including flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease, pest infestation, 
     regulatory action,

[[Page 8835]]

     or any other reason beyond the control of the employer before 
     the employment guarantee in subparagraph (A) is fulfilled, 
     the employer may terminate the worker's employment.
       ``(ii) Requirements.--If a worker's employment is 
     terminated under clause (i), the employer shall--

       ``(I) fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed during the period 
     beginning on the first work day after the arrival of the 
     worker and ending on the date on which such employment is 
     terminated; and
       ``(II) make efforts to transfer the United States worker to 
     other comparable employment acceptable to the worker.

       ``(l) Disqualification.--
       ``(1) Grounds of ineligibility.--
       ``(A) In general.--An alien is ineligible for an H-2A visa 
     if the alien--
       ``(i) is inadmissible to the United States under section 
     212(a), except as provided under paragraph (2);
       ``(ii) is subject to the execution of an outstanding 
     administratively final order of removal, deportation, or 
     exclusion;
       ``(iii) is described in, or is subject to, section 
     241(a)(5);
       ``(iv) has ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; or
       ``(v) has a felony or misdemeanor conviction, an element of 
     which involves bodily injury, threat of serious bodily 
     injury, or harm to property in excess of $500.
       ``(B) Applicability to grounds of inadmissibility.--Nothing 
     in this subsection may be construed to limit the 
     applicability of any ground of inadmissibility under section 
     212.
       ``(2) Grounds of inadmissibility.--
       ``(A) In general.--In determining an alien's 
     admissibility--
       ``(i) paragraphs (5)(A), (6)(A)(i) (with respect to an 
     alien present in the United States without being admitted or 
     paroled), (6)(B), (6)(C), (6)(D), (6)(F), (6)(G), (7), 
     (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply 
     with respect to conduct occurring or arising before the date 
     of the alien's application for an H-2A visa if associated 
     with obtaining employment;
       ``(ii) the Secretary of Homeland Security may not waive--

       ``(I) paragraph (1) or (2) of sections 212(a) (relating to 
     health and safety and criminals);
       ``(II) section 212(a)(3) (relating to security and related 
     grounds);
       ``(III) section 212(a)(9)(C)(i)(II); or
       ``(IV) subparagraph (A), (C), or (D) of section 212(a)(10) 
     (relating to polygamists, child abductors, and unlawful 
     voters).

       ``(B) Construction.--Nothing in this paragraph may be 
     construed as affecting the authority of the Secretary of 
     Homeland Security, other than under this paragraph, to waive 
     the provisions of section 212(a).
       ``(3) Bars to extension or admission.--An alien may not be 
     granted an H-2A visa if--
       ``(A) the alien has violated any material term or condition 
     of such status granted previously, unless the alien has had 
     such violation waived under paragraph (2)(A);
       ``(B) the alien is inadmissible as a nonimmigrant, except 
     for those grounds previously waived under paragraph (2)(A); 
     or
       ``(C) the granting of such status would allow the alien to 
     exceed limitations on stay in the United States in H-2A 
     status described in subsection (m).
       ``(4) Prompt removal proceedings.--The Secretary of 
     Homeland Security shall promptly identify, investigate, 
     detain, and initiate removal proceedings against every alien 
     admitted into the United States on an H-2A visa who exceeds 
     the alien's period of authorized admission or otherwise 
     violates any terms of the alien's nonimmigrant status. In 
     conducting such removal proceedings, the Secretary shall give 
     priority to aliens who may pose a threat to the national 
     security, and those convicted of criminal offenses.
       ``(5) Numerical limitations on waivers.--The Secretary of 
     Homeland Security may waive any ground of inadmissibility, as 
     authorized under this section, only once for each beneficiary 
     of an application for an H-2A visa filed by an employer after 
     the date of the enactment of the HARVEST Act of 2012. Such 
     waiver authority for the Secretary shall expire 24 months 
     after such date of enactment.
       ``(6) Fine.--Each alien applying for an H-2A visa under 
     this section who would be inadmissible under section 
     212(a)(6), if such provision had not been made inapplicable 
     under subsection (l)(2)(A)(i), shall be required to pay a 
     fine in an amount equal to $500 before being granted such 
     visa.
       ``(m) Period of Admission.--
       ``(1) In general.--An H-2A worker approved to enter the 
     United States may not remain in the United States for more 
     than 10 months during any 12-month period, excluding--
       ``(A) a period of not more than 7 days before the beginning 
     of the period of employment for the purpose of travel to the 
     work site; and
       ``(B) a period of not more than 14 days after the period of 
     employment for the purpose of departure to complete late work 
     caused by weather or other unforeseen conditions.
       ``(2) Employment limitation.--An H-2A worker may not be 
     employed during the 14-day period described in paragraph 
     (1)(B) except in the employment for which the alien was 
     previously authorized.
       ``(3) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary of Homeland Security to extend 
     the stay of an alien under any other provision of this Act.
       ``(n) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment, which was the basis for such admission or 
     status--
       ``(A) has failed to maintain nonimmigrant status as an H-2A 
     worker; and
       ``(B) shall depart the United States or be subject to 
     removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--Not later than 36 hours after 
     the premature abandonment of employment by an H-2A worker, 
     the employer or association acting as an agent for the 
     employer shall notify the Secretary of Homeland Security of 
     such abandonment.
       ``(3) Removal.--The Secretary of Homeland Security shall 
     ensure the prompt removal from the United States of any H-2A 
     worker who violates any term or condition of the worker's 
     nonimmigrant status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate the alien's 
     employment if the alien promptly departs the United States 
     upon termination of such employment.
       ``(o) Replacement of Workers.--
       ``(1) In general.--Upon receiving notification under 
     subsection (n)(2) or being notified that a United States 
     worker referred by the Department of Labor or a United States 
     worker recruited by the employer during the recruitment 
     period has prematurely abandoned employment or has failed to 
     appear for employment--
       ``(A) the Secretary of State shall promptly issue a visa to 
     an eligible alien designated by the employer to replace a 
     worker who abandons or prematurely terminates employment; and
       ``(B) the Secretary of Homeland Security shall 
     expeditiously admit such alien into the United States.
       ``(2) Construction.--Nothing in this subsection may be 
     construed to limit any preference for which United States 
     workers are eligible under this Act.
       ``(p) Identification Document.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide each alien authorized to be an H-2A worker with a 
     single machine-readable, tamper-resistant, and counterfeit-
     resistant document that--
       ``(A) authorizes the alien's entry into the United States;
       ``(B) serves, for the appropriate period, as an employment 
     eligibility document; and
       ``(C) verifies the identity of the alien through the use of 
     at least 1 biometric identifier.
       ``(2) Requirements.--The document required for all aliens 
     authorized to be an H-2A worker--
       ``(A) shall be capable of reliably determining whether the 
     individual with the document--
       ``(i) is eligible for employment as an H-2A worker;
       ``(ii) is not claiming the identity of another person; and
       ``(iii) is authorized to be admitted into the United 
     States; and
       ``(B) shall be compatible with--
       ``(i) other databases of the Department of Homeland 
     Security to prevent an alien from obtaining benefits for 
     which the alien is not eligible and determining whether the 
     alien is unlawfully present in the United States; and
       ``(ii) law enforcement databases to determine if the alien 
     has been convicted of criminal offenses.

     ``SEC. 218A. ADMISSION OF CROSS-BORDER H-2A WORKERS.

       ``(a) Definition.--In this section, the term `cross-border 
     H-2A worker' means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(a) who participates in the cross-border 
     worker program established under this section.
       ``(b) Incorporation by Reference.--
       ``(1) In general.--Except as specifically provided under 
     paragraph (2), the provisions under section 218 shall apply 
     to cross-border H-2A workers.
       ``(2) Exceptions.--Subsections (k)(3), (k)(4), and (m) of 
     section 218 shall not apply to cross-border H-2A workers.
       ``(c) Mandatory Entry and Exit.--A cross-border H-2A worker 
     who complies with the provisions of this section--
       ``(1) may enter the United States each scheduled work day, 
     in accordance with regulations promulgated by the Secretary 
     of Homeland Security; and
       ``(2) shall exit the United States before the end of each 
     day of such entrance.
       ``(d) Recruitment.--Each employer that employs a cross-
     border H-2A worker under this section shall conduct a 
     recruitment for each position occupied by such H-2A worker 
     that complies with the requirements under section 218(b)(4) 
     at least once every 10 months.''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality

[[Page 8836]]

     Act (8 U.S.C. 1101 et seq.) is amended by striking the item 
     relating to section 218 and inserting the following:

``Sec. 218. Admission of temporary H-2A workers.
``Sec. 218A. Admission of cross-border H-2A workers.''.
       (c) Rulemaking.--
       (1) Issuance of visas.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall promulgate regulations, in accordance with the notice 
     and comment provisions of section 553 of title 5, United 
     States Code, to provide for uniform procedures for the 
     issuance of H-2A visas by United States consulates and 
     consular officials to nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Border crossings.--The Secretary of State shall 
     promulgate regulations to establish a process for cross-
     border H-2A workers authorized to work in the United States 
     under section 218A of the Immigration and Nationality Act, as 
     added by subsection (b), to ensure that such workers 
     expeditiously enter and exit the United States during each 
     work day.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

     SEC. 12304. LEGAL ASSISTANCE FROM THE LEGAL SERVICES 
                   CORPORATION.

       Section 504 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1854) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b)(1) Upon application by a complainant and in such 
     circumstances as the court determines just, the court may 
     appoint an attorney for such complainant and may authorize 
     the commencement of the action.
       ``(2) The Legal Services Corporation may not provide legal 
     assistance for, or on behalf of, any alien, and may not 
     provide financial assistance to any person or entity that 
     provides legal assistance for, or on behalf of, any alien, 
     unless the alien--
       ``(A) is described in subsection (a); and
       ``(B) is present in the United States at the time the legal 
     assistance is provided.
       ``(3)(A) No party may bring a civil action for damages or 
     another complaint on behalf of a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) (referred to 
     in this subsection as an `H-2A worker') unless--
       ``(i) the party makes a request to the Federal Mediation 
     and Conciliation Service or an equivalent State program (as 
     defined by the Secretary of Labor) not later than 90 days 
     before bringing the action to assist the parties in reaching 
     a satisfactory resolution of all issues involving parties to 
     the dispute;
       ``(ii) the party provides written notification of the 
     alleged violation to the agricultural employer, agricultural 
     association, or farm labor contractor; and
       ``(iii) the parties to the dispute have attempted, in good 
     faith, mediation or other non-binding dispute resolution of 
     all issues involving all such parties.
       ``(B) If the mediator finds that an agricultural employer, 
     agricultural association, or farm labor contractor has 
     corrected a violation of this Act or a regulation under this 
     Act not later than 14 days after the date on which such 
     agricultural employer, agricultural association, or farm 
     labor contractor received written notification of such 
     violation, no action may be brought under this section with 
     respect to such violation.
       ``(C) Any settlement reached through the mediation process 
     described in subparagraph (A) shall preclude any right of 
     action arising out of the same facts between the parties in 
     any Federal or State court or administrative proceeding.
       ``(D) If no settlement is reached through the mediation 
     process described in subparagraph (A), any offer of 
     settlement or attempts to remedy alleged grievances shall be 
     admissible as evidence.
       ``(4) An employer of an H-2A worker shall not be required 
     to waive any requirements of any food safety programs, such 
     as sign in requirements, for any recipient of grants or 
     contracts under section 1007 of the Legal Services 
     Corporation Act (42 U.S.C. 1996f), or any employee of such 
     recipient.
       ``(5) The employer of an H-2A worker shall post the contact 
     information of the Legal Services Corporation in the dwelling 
     and at the work site of each nonimmigrant employee in a 
     language in which all employees can understand.
       ``(6) There are authorized to be appropriated to the 
     Federal Mediation and Conciliation Service for each fiscal 
     year such sums as may be necessary to carry out the mediation 
     process described in this subsection.''; and
       (2) by adding at the end the following:
       ``(g)(1) If a defendant prevails in an action under this 
     section in which the plaintiff is represented by an attorney 
     who is employed by the Legal Services Corporation or any 
     entity receiving funds from the Legal Services Corporation, 
     such entity or the Legal Services Corporation shall award to 
     the prevailing defendant fees and other expenses incurred by 
     the defendant in connection with the action.
       ``(2) In this subsection, the term `fees and other 
     expenses' has the meaning given the term in section 
     514(b)(1)(A) of title 5, United States Code.
       ``(3) The court shall take whatever steps necessary, 
     including the imposition of sanctions, to ensure compliance 
     with this subsection.''.

     SEC. 12305. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of Homeland Security and the Department of State such sums as 
     may be necessary to adjudicate H-2A applications.

                          ____________________