[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Pages 9181-9187]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2439. Mr. DURBIN (for himself and 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. ____. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE 
                   ADJUSTED GROSS INCOME.

       Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) (as amended by section 11023(b)) is amended by 
     adding at the end the following:
       ``(9) Limitation on premium subsidy based on average 
     adjusted gross income.--
       ``(A) Definition of average adjusted gross income.--In this 
     paragraph, the term `average adjusted gross income' has the 
     meaning given the term in section 1001D(a) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-3a(a)).
       ``(B) Limitation.--Notwithstanding any other provision of 
     this subtitle and beginning with the 2014 reinsurance year, 
     in the case of any producer that is a person or legal entity 
     that has an average adjusted gross income in excess of 
     $750,000 based on the most recent data available from the 
     Farm Service Agency as of the beginning of the reinsurance 
     year, the total amount of premium subsidy provided with 
     respect to additional coverage under subsection (c), section 
     508B, or section 508C issued on behalf of the producer for a 
     reinsurance year shall be 15 percentage points less than the 
     premium subsidy provided in accordance with this subsection 
     that would otherwise be available for the applicable policy, 
     plan of insurance, and coverage level selected by the 
     producer.
       ``(C) Application.--
       ``(i) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Government Accountability Office, shall carry out a study 
     to determine the effects of the limitation described in 
     subparagraph (B) on--

       ``(I) the overall operations of the Federal crop insurance 
     program;
       ``(II) the number of producers participating in the Federal 
     crop insurance program;
       ``(III) the level of coverage purchased by participating 
     producers;
       ``(IV) the amount of premiums paid by participating 
     producers and the Federal Government;
       ``(V) any potential liability for participating producers, 
     approved insurance providers, and the Federal Government;
       ``(VI) different crops or growing regions;
       ``(VII) program rating structures;
       ``(VIII) creation of schemes or devices to evade the impact 
     of the limitation; and
       ``(IX) administrative and operating expenses paid to 
     approved insurance providers and underwriting gains and loss 
     for the Federal government and approved insurance providers.

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

       ``(I) significantly increase the premium amount paid by 
     producers with an average adjusted gross income of less than 
     $750,000;
       ``(II) result in a decline in the crop insurance coverage 
     available to producers; and
       ``(III) increase the total cost of the Federal crop 
     insurance program.''.

                                 ______
                                 
  SA 2440. Mr. AKAKA 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 5102 and insert the following:

     SEC. 5102. LOANS TO PURCHASERS OF HIGHLY FRACTIONATED LAND.

       (a) In General.--The first sentence of Public Law 91-229 
     (25 U.S.C. 488) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``loans from'' and all that follows through ``1929)'' and 
     inserting ``direct loans in a manner consistent with direct 
     loans pursuant to chapter 4 of subtitle A of the Consolidated 
     Farm and Rural Development Act'';
       (2) in subsection (b)(1)--
       (A) by striking ``pursuant to section 205(c) of the Indian 
     Land Consolidation Act (25 U.S.C. 2204(c))''; and
       (B) by inserting ``or to intermediaries in order to 
     establish revolving loan funds for the purchase of highly 
     fractionated land under that section'' before the period at 
     the end; and
       (3) by adding at the end the following:
       ``(c) Consultation Required.--In determining regulations 
     and procedures to define eligible purchasers of highly 
     fractionated land under this section, the Secretary of 
     Agriculture shall consult with the Secretary of the 
     Interior.''.
       (b) Relationship to Other Amendment.--Section 6002 is 
     amended by striking subsection (bb).
                                 ______
                                 
  SA 2441. Mr. AKAKA 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 3915 of the Consolidated Farm and Rural 
     Development Act (as added by section 6001) and all that 
     follows through section 6002(c), and insert the following:

     ``SEC. 3915. SUBSTANTIALLY UNDERSERVED TRUST AREAS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible program.--The term `eligible program' means 
     a program administered by the Secretary and authorized in--
       ``(A) this Act;
       ``(B) the Rural Electrification Act of 1936 (7 U.S.C. 901 
     et seq.); or

[[Page 9182]]

       ``(C) title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
     seq.).
       ``(2) Substantially underserved trust area.--The term 
     `substantially underserved trust area' means a community in 
     `trust land' (as defined in section 3765 of title 38, United 
     States Code).
       ``(b) Initiative.--The Secretary, in consultation with 
     local governments and Federal agencies, may implement an 
     initiative to identify and improve the availability of 
     eligible programs in communities in substantially underserved 
     trust areas.
       ``(c) Authority of Secretary.--In carrying out subsection 
     (b), the Secretary--
       ``(1) may make available from loan or loan guarantee 
     programs administered by the Secretary to qualified entities 
     or applicants financing with an interest rate as low as 2 
     percent and with extended repayment terms;
       ``(2) may waive nonduplication restrictions, matching fund 
     requirements, or credit support requirements from any loan or 
     grant program administered by the Secretary to facilitate the 
     construction, acquisition, or improvement of infrastructure, 
     or for other purposes;
       ``(3) may give the highest funding priority to designated 
     projects in substantially underserved trust areas; and
       ``(4) shall only make loans or loan guarantees that are 
     found to be financially feasible and that provide eligible 
     program benefits to substantially underserved trust areas.
       ``(d) Eligibility of Trust Land for Eligible Programs.--For 
     purposes of eligibility for eligible programs, trust land (as 
     defined in section 3765 of title 38, United States Code) 
     shall be considered by the Secretary to be a rural area.
       ``(e) Report.--Each year, the Secretary shall submit to 
     Congress a report that describes--
       ``(1) the progress of the initiative implemented under 
     subsection (b); and
       ``(2) recommendations for any regulatory or legislative 
     changes that would be appropriate to improve services to 
     substantially underserved trust areas.

     ``SEC. 3916. REGULATIONS.

       ``The Secretary may issue such regulations, prescribe such 
     terms and conditions for making or guaranteeing loans, 
     security instruments, and agreements, except as otherwise 
     specified in this title, and make such delegations of 
     authority as the Secretary considers necessary to carry out 
     this title.''.

     SEC. 6002. CONFORMING AMENDMENTS.

       (a) Section 17(c) of the Rural Electrification Act of 1936 
     (7 U.S.C. 917(c)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Subtitle B of the Consolidated Farm and Rural 
     Development Act.''.
       (b) Section 305(c)(2)(B)(i)(I) of the Rural Electrification 
     Act of 1936 (7 U.S.C. 935(c)(2)(B)(i)(I)) is amended by 
     striking ``section 307(a)(3)(A) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1927(a)(3)(A))'' and 
     inserting ``section 3701(b)(2) of the Consolidated Farm and 
     Rural Development Act''.
       (c) Section 306F of the Rural Electrification Act of 1936 
     (7 U.S.C. 936f) is repealed.
                                 ______
                                 
  SA 2442. 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 of section 3201 of the Consolidated Farm and 
     Rural Development Act (as added by section 5001), add the 
     following:
       ``(e) Pilot Loan Program to Support Healthy Foods for the 
     Hungry.--
       ``(1) Definition of gleaner.--In this subsection, the term 
     `gleaner' means an entity that--
       ``(A) collects edible, surplus food that would be thrown 
     away and distributes the food to agencies or nonprofit 
     organizations that feed the hungry; or
       ``(B) 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.
       ``(2) Program.--Not later than 180 days after the date of 
     enactment of this subsection, the Secretary shall establish, 
     within the operating loan program established under this 
     chapter, a pilot program under which the Secretary makes 
     loans available to eligible entities to assist the entities 
     in providing food to the hungry.
       ``(3) 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 loans under this subsection.
       ``(4) Loan amount.--
       ``(A) In general.--Each loan issued under the program shall 
     be in an amount of not less than $500 and not more than 
     $5,000.
       ``(B) Redistribution.--If the eligible recipients in a 
     State do not use the full allocation of loans that are 
     available to eligible recipients in the State under this 
     subsection, the Secretary may use any unused amounts to make 
     loans available to eligible entities in other States in 
     accordance with this subsection.
       ``(5) Loan processing.--
       ``(A) In general.--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.
       ``(B) 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.
       ``(7) Program integrity.--The Secretary shall take such 
     actions as are necessary to ensure the integrity of the 
     program established under this subsection.
       ``(8) Maximum amount.--Of funds that are made available to 
     carry out this chapter, the Secretary shall use to carry out 
     this subsection a total amount of not more than $500,000.
       ``(9) Report.--Not later than 180 days after the maximum 
     amount of funds are used to carry out this subsection under 
     paragraph (8), the Secretary shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that describes the results of the pilot program and 
     the feasibility of expanding the program.
                                 ______
                                 
  SA 2443. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 7408, strike ``(2) in subsection (h)--'' and 
     insert the following:
       (2) by redesignating subsection (h) as subsection (i);
       (3) by inserting after subsection (g) the following:
       ``(h) State Grants.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) an agency of a State or political subdivision of a 
     State;
       ``(B) a national, State, or regional organization of 
     agricultural producers; and
       ``(C) any other entity determined appropriate by the 
     Secretary.
       ``(2) Grants.--The Secretary shall use such sums as are 
     necessary of funds made available to carry out this section 
     for each fiscal year under subsection (i) to make grants to 
     States, on a competitive basis, which States shall use the 
     grants to make grants to eligible entities to establish and 
     improve farm safety programs at the local level.''; and
       (4) in subsection (i) (as redesignated by paragraph (2))--
                                 ______
                                 
  SA 2444. Ms. COLLINS 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 D of title I, add the 
     following:

     SEC. 1463. STUDY ON FEDERAL MILK MARKETING ORDERS.

       (a) In General.--The Secretary shall conduct a study of the 
     implications of the Federal milk marketing orders issued 
     under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), 
     reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937.
       (b) Requirements.--The study shall include--
       (1) an analysis of the impact of--
       (A) end product pricing on milk price volatility; and
       (B) classified pricing and pooling on processing 
     investment, competition, and dairy product innovation; and
       (2) the feasibility of replacing end product pricing and 
     moving toward a competitive pricing or mandatory price 
     reporting system.
       (c) Federal Milk Marketing Order Review Commission.--The 
     Secretary may use the Federal Milk Market Order Review 
     Commission established under section 1509(a) of the Food, 
     Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
     Stat. 1726) or documents of the Commission, to conduct all or 
     part of the study required by this section.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report that describes the results of the study 
     required under this section, including any recommendations.
                                 ______
                                 
  SA 2445. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 3240, to reauthorize agricultural 
programs through 2017, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 574, between lines 11 and 12, insert the following:
       ``(C) Mandatory funding.--Of the funds of the Commodity 
     Credit Corporation, the Secretary shall use to carry out this 
     subsection $12,500,000 for each of fiscal years 2014 through 
     2017, to remain available until expended.

[[Page 9183]]

       On page 606, between lines 4 and 5, insert the following:
       ``(E) Mandatory funding for fiscal years 2013 through 
     2017.--Of the funds of the Commodity Credit Corporation, the 
     Secretary shall use to carry out this paragraph $3,750,000 
     for each of fiscal years 2014 through 2017, to remain 
     available until expended.
       On page 782, between lines 14 and 15 and insert the 
     following:

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

       (a) In General.--The Secretary shall use funds made 
     available under subsection (b) to provide funds for 
     applications that are pending on the date of enactment of 
     this Act in accordance with the terms and conditions of 
     section 6029 of the Food, Conservation, and Energy Act of 
     2008 (Public Law 110-246; 122 Stat. 1955).
       (b) Funding.--Notwithstanding any other provision of law, 
     beginning in fiscal year 2014, of the funds of the Commodity 
     Credit Corporation, the Secretary shall use to carry out this 
     section $50,000,000, to remain available until expended.
       On page 832, line 6, strike ``$50,000,000 for fiscal year 
     2013'' and insert ``$17,000,000 for each of fiscal years 2013 
     through 2017''.
                                 ______
                                 
  SA 2446. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 2172 submitted by Mr. Sessions 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:

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

     SEC. 4011. PERFORMANCE BONUS PAYMENTS.

       Section 16(d) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2025(d)) is amended by adding at the end the 
     following:
       ``(5) Use of performance bonus payments.--A State agency 
     may use a performance bonus payment received under this 
     subsection only to carry out the program established under 
     this Act, including investments in--
       ``(A) technology;
       ``(B) improvements in administration and distribution; and
       ``(C) actions to prevent fraud, waste, and abuse.''.
                                 ______
                                 
  SA 2447. Mr. BEGICH (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       After section 11023, insert the following:

     SEC. 11024. DISCLOSURE IN THE PUBLIC INTEREST.

       Section 502(c)(2) of the Federal Crop Insurance Act (7 
     U.S.C. 1502(c)(2)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (C) and (D) respectively; and
       (2) by inserting before subparagraph (C) (as so 
     redesignated) the following:
       ``(A) Disclosure in the public interest.--Notwithstanding 
     paragraph (1) or any other provision of law, except as 
     provided in subparagraph (B), the Secretary shall on an 
     annual basis make available to the public--
       ``(i)(I) the name of each individual or entity who obtained 
     a federally subsidized crop insurance, livestock, or forage 
     policy or plan of insurance during the previous fiscal year;
       ``(II) the amount of premium subsidy received by the 
     individual or entity from the Corporation; and
       ``(III) the amount of any Federal portion of indemnities 
     paid in the event of a loss during that fiscal year for each 
     policy associated with that individual or entity; and
       ``(ii) for each private insurance provider, by name--

       ``(I) the underwriting gains earned through participation 
     in the federally subsidized crop insurance program; and
       ``(II) the amount paid under this subtitle for--

       ``(aa) administrative and operating expenses;
       ``(bb) any Federal portion of indemnities and reinsurance; 
     and
       ``(cc) any other purpose.
       ``(B) Limitation.--The Secretary shall not disclose 
     information pertaining to individuals and entities covered by 
     a catastrophic risk protection plan offered under section 
     508(b).''.
                                 ______
                                 
  SA 2448. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2347 submitted by Mr. Nelson of Nebraska 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:

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

     SEC. 122__. GRAZING PERMITS AND LEASES.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Current grazing management.--The term `current 
     grazing management' means grazing in accordance with the 
     terms and conditions of an existing permit or lease and 
     includes any modifications that are consistent with an 
     applicable Department of Interior resource management plan or 
     Department of Agriculture land use plan.
       ``(2) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture, with respect to 
     National Forest System land; and
       ``(B) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Department of the Interior.
       ``(b) Renewal, Transfer, Reissuance, and Pending 
     Processing.--A grazing permit or lease issued by the 
     Secretary of the Interior, or a grazing permit issued by the 
     Secretary of Agriculture regarding National Forest System 
     land, that expires, is transferred, or is waived shall be 
     renewed or reissued under, as appropriate--
       ``(1) section 402;
       ``(2) section 19 of the Act of April 24, 1950 (commonly 
     known as the `Granger-Thye Act'; 16 U.S.C. 580l);
       ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1010 et seq.); or
       ``(4) section 510 the California Desert Protection Act of 
     1994 (16 U.S.C. 410aaa-50).
       ``(c) Terms; Conditions.--The terms and conditions (except 
     the termination date) contained in an expired, transferred, 
     or waived permit or lease described in subsection (b) shall 
     continue in effect under a renewed or reissued permit or 
     lease until the date on which the Secretary concerned 
     completes the processing of the renewed or reissued permit or 
     lease that is the subject of the expired, transferred, or 
     waived permit or lease, in compliance with each applicable 
     law.
       ``(d) Cancellation; Suspension; Modification.--
     Notwithstanding subsection (c), a permit or lease described 
     in subsection (b) may be cancelled, suspended, or modified in 
     accordance with applicable law.
       ``(e) Renewal, Transfer, or Reissuance After Processing.--
     When the Secretary concerned has completed the processing of 
     the renewed or reissued permit or lease that is the subject 
     of the expired, transferred, or waived permit or lease, the 
     Secretary concerned may renew or reissue the permit or lease 
     for a term of 20 years after completion of processing.
       ``(f) Compliance With National Environmental Policy Act of 
     1969.--The renewal, reissuance, or transfer of a grazing 
     permit or lease by the Secretary concerned may, at the sole 
     discretion of the Secretary concerned, be categorically 
     excluded from the requirement to prepare an environmental 
     assessment or an environmental impact statement if--
       ``(1) the decision to renew, reissue, or transfer continues 
     the current grazing management of the allotment;
       ``(2) monitoring of the allotment has indicated that the 
     current grazing management has met, or has satisfactorily 
     progressed towards meeting, objectives contained in the land 
     use and resource management plan of the allotment, as 
     determined by the Secretary concerned; or
       ``(3) the decision is consistent with the policy of the 
     Department of the Interior or the Department of Agriculture, 
     as appropriate, regarding extraordinary circumstances.
       ``(g) Priority and Timing for Completing Environmental 
     Analyses.--The Secretary concerned, in the sole discretion of 
     the Secretary concerned, shall determine the priority and 
     timing for completing each required environmental analysis 
     regarding any grazing allotment, permit, or lease based on 
     the environmental significance of the allotment, permit, or 
     lease and available funding for that purpose.
       ``(h) NEPA Exemptions.--The National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the 
     following:
       ``(1) Crossing and trailing authorizations of domestic 
     livestock.
       ``(2) Transfer of grazing preference.''.
                                 ______
                                 
  SA 2449. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2348 submitted by Mr. Nelson of Nebraska and intended 
to be proposed to the bill S. 3240, to reauthorize agricultural 
programs

[[Page 9184]]

through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 122__. GRAZING PERMITS AND LEASES.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Current grazing management.--The term `current 
     grazing management' means grazing in accordance with the 
     terms and conditions of an existing permit or lease and 
     includes any modifications that are consistent with an 
     applicable Department of Interior resource management plan or 
     Department of Agriculture land use plan.
       ``(2) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture, with respect to 
     National Forest System land; and
       ``(B) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Department of the Interior.
       ``(b) Renewal, Transfer, Reissuance, and Pending 
     Processing.--A grazing permit or lease issued by the 
     Secretary of the Interior, or a grazing permit issued by the 
     Secretary of Agriculture regarding National Forest System 
     land, that expires, is transferred, or is waived shall be 
     renewed or reissued under, as appropriate--
       ``(1) section 402;
       ``(2) section 19 of the Act of April 24, 1950 (commonly 
     known as the `Granger-Thye Act'; 16 U.S.C. 580l);
       ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
     U.S.C. 1010 et seq.); or
       ``(4) section 510 the California Desert Protection Act of 
     1994 (16 U.S.C. 410aaa-50).
       ``(c) Terms; Conditions.--The terms and conditions (except 
     the termination date) contained in an expired, transferred, 
     or waived permit or lease described in subsection (b) shall 
     continue in effect under a renewed or reissued permit or 
     lease until the date on which the Secretary concerned 
     completes the processing of the renewed or reissued permit or 
     lease that is the subject of the expired, transferred, or 
     waived permit or lease, in compliance with each applicable 
     law.
       ``(d) Cancellation; Suspension; Modification.--
     Notwithstanding subsection (c), a permit or lease described 
     in subsection (b) may be cancelled, suspended, or modified in 
     accordance with applicable law.
       ``(e) Renewal, Transfer, or Reissuance After Processing.--
     When the Secretary concerned has completed the processing of 
     the renewed or reissued permit or lease that is the subject 
     of the expired, transferred, or waived permit or lease, the 
     Secretary concerned may renew or reissue the permit or lease 
     for a term of 20 years after completion of processing.
       ``(f) Compliance With National Environmental Policy Act of 
     1969.--The renewal, reissuance, or transfer of a grazing 
     permit or lease by the Secretary concerned may, at the sole 
     discretion of the Secretary concerned, be categorically 
     excluded from the requirement to prepare an environmental 
     assessment or an environmental impact statement if--
       ``(1) the decision to renew, reissue, or transfer continues 
     the current grazing management of the allotment;
       ``(2) monitoring of the allotment has indicated that the 
     current grazing management has met, or has satisfactorily 
     progressed towards meeting, objectives contained in the land 
     use and resource management plan of the allotment, as 
     determined by the Secretary concerned; or
       ``(3) the decision is consistent with the policy of the 
     Department of the Interior or the Department of Agriculture, 
     as appropriate, regarding extraordinary circumstances.
       ``(g) Priority and Timing for Completing Environmental 
     Analyses.--The Secretary concerned, in the sole discretion of 
     the Secretary concerned, shall determine the priority and 
     timing for completing each required environmental analysis 
     regarding any grazing allotment, permit, or lease based on 
     the environmental significance of the allotment, permit, or 
     lease and available funding for that purpose.
       ``(h) NEPA Exemptions.--The National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the 
     following:
       ``(1) Crossing and trailing authorizations of domestic 
     livestock.
       ``(2) Transfer of grazing preference.''.
                                 ______
                                 
  SA 2450. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2294 submitted by Mr. Udall of Colorado (for himself 
and Mr. Bennet) 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:

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

     SEC. 8303. COOPERATIVE AGREEEMENTS FOR FOREST, RANGELAND, AND 
                   WATERSHED RESTORATION AND PROTECTION SERVICES.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means a 
     State that contains National Forest System land or Bureau of 
     Land Management land located west of the 100th meridian.
       (2) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; or
       (B) the Secretary of the Interior, with respect to Bureau 
     of Land Management land.
       (3) State forester.--The term ``State forester'' means the 
     head of a State agency with jurisdiction over State forestry 
     programs in an eligible State.
       (b) Cooperative Agreements and Contracts.--
       (1) In general.--The Secretary may enter into a cooperative 
     agreement or contract (including a sole source contract) with 
     a State forester to authorize the State forester to provide 
     the forest, rangeland, and watershed restoration and 
     protection services described in paragraph (2) on National 
     Forest System land or Bureau of Land Management land, as 
     applicable, in the eligible State.
       (2) Authorized services.--The forest, rangeland, and 
     watershed restoration and protection services referred to in 
     paragraph (1) include the conduct of--
       (A) activities to treat insect infected trees;
       (B) activities to reduce hazardous fuels; and
       (C) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (3) State as agent.--Except as provided in paragraph (6), a 
     cooperative agreement or contract entered into under 
     paragraph (1) may authorize the State forester to serve as 
     the agent for the Secretary in providing the restoration and 
     protection services authorized under paragraph (1).
       (4) Subcontracts.--In accordance with applicable contract 
     procedures for the eligible State, a State forester may enter 
     into subcontracts to provide the restoration and protection 
     services authorized under a cooperative agreement or contract 
     entered into under paragraph (1).
       (5) Timber sales.--Subsections (d) and (g) of section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall not apply to services performed under a cooperative 
     agreement or contract entered into under paragraph (1).
       (6) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     restoration and protection services to be provided under this 
     section by a State forester on National Forest System land or 
     Bureau of Land Management land, as applicable, shall not be 
     delegated to a State forester or any other officer or 
     employee of the eligible State.
       (7) Applicable law.--The restoration and protection 
     services to be provided under this section shall be carried 
     out on a project-to-project basis under existing authorities 
     of the Forest Service or Bureau of Land Management, as 
     applicable.
                                 ______
                                 
  SA 2451. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 3240, to reauthorize agricultural programs 
through 2017, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 4____. QUALITY CONTROL BONUSES.

       Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2025) is amended--
       (1) in subsection (c)--
       (A) in the first sentence of paragraph (4), by striking 
     ``payment error rate'' and all that follows through 
     ``subsection (d)'' and inserting ``liability amount or new 
     investment amount under paragraph (1) or payment error 
     rate''; and
       (B) in the first sentence of paragraph (5), by striking 
     ``payment error rate'' and all that follows through 
     ``subsection (d)'' and inserting ``liability amount or new 
     investment amount under paragraph (1) or payment error 
     rate'';
       (2) by striking subsection (d); and
       (3) in subsection (i)(1), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (c)(2)''.
       On page 337, line 8, strike ``$28,000,000'' and insert 
     ``$71,000,000''.
       On page 337, line 10, strike ``$24,000,000'' and insert 
     ``$67,000,000''.

[[Page 9185]]

       On page 337, line 12, strike ``$20,000,000'' and insert 
     ``$63,000,000''.
       On page 337, line 14, strike ``$18,000,000'' and insert 
     ``$61,000,000''.
       On page 337, line 16, strike ``$10,000,000'' and insert 
     ``$53,000,000''.
                                 ______
                                 
  SA 2452. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 3240, to 
reauthorize agricultural programs through 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 6203. LOANS UNDER SECTION 502 OF THE HOUSING ACT OF 1949 
                   FOR CERTAIN DWELLINGS IN THE STATE OF ALASKA.

       Section 502(a) of the Housing Act of 1949 (42 U.S.C. 
     1472(a)) is amended by adding at the end the following:
       ``(4) Notwithstanding any other provision of law, the 
     Secretary may not deny an application for a loan under this 
     section with respect to a dwelling in the United States 
     solely on the basis that the application relates to a 
     dwelling with an alternative water supply system (including a 
     catchment, holding tank, or cistern system), if the Secretary 
     determines that it is not feasible for the dwelling to obtain 
     potable water from a conventional water supply system.''.
                                 ______
                                 
  SA 2453. Ms. STABENOW 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 1006, between lines 21 and 22, insert the 
     following:
       ``(4) Additional availability.--
       ``(A) In general.--As soon as practicable after October 1, 
     2013, the Secretary shall make assistance available to 
     producers of an otherwise eligible crop described in 
     subsection (a)(2) that suffered losses--
       ``(i) to a 2012 annual fruit crop grown on a bush or tree; 
     and
       ``(ii) in a county covered by a declaration by the 
     Secretary of a natural disaster for production losses due to 
     a freeze or frost.
       ``(B) Assistance.--The Secretary shall make assistance 
     available under subparagraph (A) in an amount equivalent to 
     assistance available under paragraph (1), less any fees not 
     previously paid under paragraph (2).''.
                                 ______
                                 
  SA 2454. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 3240, to reauthorize agricultural programs through 
2017, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle A of title III, add the following:

     SEC. 3015. PROHIBITION ON ASSISTANCE FOR NORTH KOREA.

       (a) In General.--No amounts may be obligated or expended to 
     provide assistance under title II of the Food for Peace Act 
     (7 U.S.C. 1721 et seq.) to the Democratic People's Republic 
     of Korea.
       (b) National Interest Waiver.--The President may waive 
     subsection (a) if the President determines and certifies to 
     the Committees on Agriculture, Nutrition, and Forestry and 
     Foreign Relations of the Senate and the Committees on 
     Agriculture and Foreign Affairs of the House of 
     Representatives that the waiver is in the national interest 
     of the United States.
                                 ______
                                 
  SA 2455. Mrs. MURRAY 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. __. REPORT ON EFFECTS OF DEFENSE AND NONDEFENSE BUDGET 
                   SEQUESTRATION.

       (a) Findings.--Congress makes the following findings:
       (1) The inability of the Joint Select Committee on Deficit 
     Reduction to find $1,200,000,000,000 in savings will trigger 
     automatic funding reductions known as ``sequestration'' to 
     raise an equivalent level of savings between 2013 and 2021.
       (2) These savings are in addition to $900,000,000,000 in 
     deficit reduction resulting from discretionary spending 
     limits established by the Budget Control Act of 2011.
       (b) Report.--
       (1) In general.--As soon as practicable, the Office of 
     Management and Budget shall submit to Congress a detailed 
     report on the impact of the sequestration required to be 
     ordered by paragraphs (7)(A) and (8) of section 251A of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901a) for fiscal year 2013 on January 2, 2013.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) For discretionary appropriations an estimate for the 
     defense and nondefense functions based on current law of the 
     sequestration percentages and amount necessary to achieve the 
     required reduction.
       (B) For direct spending an estimate for the defense and 
     nondefense functions based on current law of the 
     sequestration percentages and amount necessary to achieve the 
     required reduction.
       (C) Any other data or information that would enhance public 
     understanding of the sequester and its effect on the defense 
     and nondefense functions of the Federal Government including 
     the impact on essential public safety responsibilities such 
     as homeland security, food safety, and air traffic control 
     activities.
                                 ______
                                 
  SA 2456. Mrs. BOXER 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 p. 1009, after line 11, add the following:

     SEC. 122 __. REQUIREMENTS FOR AERIAL OVERFLIGHTS OF 
                   AGRICULTURAL OPERATIONS TO PROTECT PUBLIC 
                   HEALTH AND SAFETY.

       The Administrator of the Environmental Protection Agency, 
     pursuant to her responsibility to protect public health and 
     safety, shall only conduct aerial overflights to inspect 
     agricultural operations if the EPA Administrator determines 
     that aerial overflights are more cost-effective than ground 
     inspections to the taxpayer and the Agency has notified the 
     appropriate State officials of such flights.
                                 ______
                                 
  SA 2457. Mr. WARNER (for himself, Mrs. Shaheen, and Mr. Kirk) 
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 and insert the following:

     SEC. 6104. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN 
                   RURAL AREAS.

       Section 601 of the Rural Electrification Act of 1936 (7 
     U.S.C. 950bb) is amended--
       (1) in subsection (a), by striking ``loans and'' and 
     inserting ``grants, loans, and'';
       (2) in subsection (b), by striking paragraph (3) and 
     inserting the following:
       ``(3) Rural area.--The term `rural area' means any area 
     described in section 3002 of the Consolidated Farm and Rural 
     Development Act.'';
       (3) in subsection (c)--
       (A) in the subsection heading, by striking ``Loans and'' 
     and inserting ``Grants, Loans, and'';
       (B) in paragraph (1), by inserting ``make grants and'' 
     after ``Secretary shall'';
       (C) by striking paragraph (2) and inserting the following:
       ``(2) Priority.--
       ``(A) In general.--In making grants, loans, or loan 
     guarantees under paragraph (1), the Secretary shall--
       ``(i) establish not less than 2, and not more than 4, 
     evaluation periods for each fiscal year to compare grant, 
     loan, and loan guarantee applications and to prioritize 
     grants, loans, and loan guarantees to all or part of rural 
     communities that do not have residential broadband service 
     that meets the minimum acceptable level of broadband service 
     established under subsection (e);
       ``(ii) give the highest priority to applicants that offer 
     to provide broadband service to the greatest proportion of 
     unserved rural households or rural households that do not 
     have residential broadband service that meets the minimum 
     acceptable level of broadband service established under 
     subsection (e), as--

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

       ``(aa) the broadband map of the affected State if the map 
     contains address-level data; or
       ``(bb) the National Broadband Map if address-level data is 
     unavailable; and
       ``(iii) give a higher priority to applicants that have not 
     previously received grants, loans, or loan guarantees under 
     paragraph (1) and that are seeking to build out unserved 
     areas or to upgrade rural households to the minimum 
     acceptable level of broadband service established under 
     subsection (e).
       ``(B) Other.--After giving priority to the applicants 
     described in subparagraph (A), the Secretary shall then give 
     priority to projects that serve rural communities--
       ``(i) with a population of less than 20,000 permanent 
     residents;
       ``(ii) experiencing outmigration;
       ``(iii) with a high percentage of low-income residents; and
       ``(iv) that are isolated from other significant population 
     centers.''; and
       (D) by adding at the end the following:
       ``(3) Grant amounts.--
       ``(A) Eligibility.--To be eligible for a grant under this 
     section, the project that is the subject of the grant shall 
     be carried out in a rural area.
       ``(B) Maximum.--Except as provided in subparagraph (D), the 
     amount of any grant made under this section shall not exceed 
     50

[[Page 9186]]

     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;
       ``(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; and

       ``(v) targeted funding to provide the minimum acceptable 
     level of broadband service established under subsection (e) 
     in all or part of an unserved community that is below that 
     minimum acceptable level of broadband service.
       ``(D) Secretarial authority to adjust.--The Secretary may 
     make grants of up to 75 percent of the development costs of 
     the project for which the grant is provided to an eligible 
     entity if the Secretary determines that the project serves a 
     remote or low income area that does not have access to 
     broadband service from any provider of broadband service 
     (including the applicant).'';
       (4) in subsection (d)--
       (A) in paragraph (1)(A)--
       (i) in the matter preceding clause (i), by striking ``loan 
     or'' and inserting ``grant, loan, or'';
       (ii) by striking clause (i) and inserting the following:
       ``(i) demonstrate the ability to furnish, improve in order 
     to meet the minimum acceptable level of broadband service 
     established under subsection (e), or extend broadband service 
     to all or part of an unserved rural area or an area below the 
     minimum acceptable level of broadband service established 
     under subsection (e);'';
       (iii) in clause (ii), by striking ``a loan application'' 
     and inserting ``an application''; and
       (iv) in clause (iii)--

       (I) by striking ``the loan application'' and inserting 
     ``the application''; and
       (II) by striking ``proceeds from the loan made or 
     guaranteed under this section are'' and inserting 
     ``assistance under this section is'';

       (B) in paragraph (2)--
       (i) in subparagraph (A)--

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

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

       (II) in clause (i), by striking ``is offered broadband 
     service by not more than 1 incumbent service provider'' and 
     inserting ``are unserved or have service levels below the 
     minimum acceptable level of broadband service established 
     under subsection (e)''; and
       (III) in clause (ii), by striking ``3'' and inserting 
     ``2'';

       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Adjustments.--
       ``(i) Increase.--The Secretary may increase the household 
     percentage requirement under subparagraph (A)(i) if--

       ``(I) more than 25 percent of the costs of the project are 
     funded by grants made under this section; or
       ``(II) the proposed service territory includes 1 or more 
     communities with a population in excess of 20,000.

       ``(ii) Reduction.--The Secretary may reduce the household 
     percentage requirement under subparagraph (A)(i)--

       ``(I) to not less than 15 percent, if the proposed service 
     territory does not have a population in excess of 5,000 
     people; or
       ``(II) to not less than 18 percent, if the proposed service 
     territory does not have a population in excess of 7,500 
     people.''; and

       (iii) in subparagraph (C)--

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

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

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

       ``(aa) the broadband map of the affected State if the map 
     contains address-level data; or
       ``(bb) the National Broadband Map if address-level data is 
     unavailable.'';
       (D) in paragraph (4)--
       (i) by striking ``Subject to paragraph (1),'' and inserting 
     the following:
       ``(A) In general.--Subject to paragraph (1) and 
     subparagraph (B),'';
       (ii) by striking ``loan or'' and inserting ``grant, loan, 
     or''; and
       (iii) by adding at the end the following:
       ``(B) Pilot programs.--The Secretary may carry out pilot 
     programs in conjunction with interested entities described in 
     subparagraph (A) (which may be in partnership with other 
     entities, as determined appropriate by the Secretary) to 
     address areas that are unserved or have service levels below 
     the minimum acceptable level of broadband service established 
     under subsection (e).'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``loan or'' and inserting ``grant, loan, or''; and
       (ii) in subparagraph (C), by inserting ``, and proportion 
     relative to the service territory,'' after ``estimated 
     number'';
       (F) in paragraph (6), by striking ``loan or'' and inserting 
     ``grant, loan, or'';
       (G) in paragraph (7), by striking ``a loan application'' 
     and inserting ``an application''; and
       (H) by adding at the end the following:
       ``(8) Transparency and reporting.--The Secretary--
       ``(A) shall require any entity receiving assistance under 
     this section to submit quarterly, in a format specified by 
     the Secretary, a report that describes--
       ``(i) the use by the entity of the assistance, including 
     new equipment and capacity enhancements that support high-
     speed broadband access for educational institutions, health 
     care providers, and public safety service providers 
     (including the estimated number of end users who are 
     currently using or forecasted to use the new or upgraded 
     infrastructure); and
       ``(ii) the progress towards fulfilling the objectives for 
     which the assistance was granted, including--

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

       ``(B) shall maintain a fully searchable database, 
     accessible on the Internet at no cost to the public, that 
     contains, at a minimum--
       ``(i) a list of each entity that has applied for assistance 
     under this section;
       ``(ii) a description of each application, including the 
     status of each application;
       ``(iii) for each entity receiving assistance under this 
     section--

       ``(I) the name of the entity;
       ``(II) the type of assistance being received;
       ``(III) the purpose for which the entity is receiving the 
     assistance; and
       ``(IV) each quarterly report submitted under subparagraph 
     (A); and

       ``(iv) such other information as is sufficient to allow the 
     public to understand and monitor assistance provided under 
     this section;
       ``(C) shall, in addition to other authority under 
     applicable law, establish written procedures for all 
     broadband programs administered by the Secretary that, to the 
     maximum extent practicable--
       ``(i) recover funds from loan defaults;
       ``(ii)(I) deobligate awards to grantees that demonstrate an 
     insufficient level of performance (including failure to meet 
     build-out requirements, service quality issues, or other 
     metrics determined by the Secretary) or wasteful or 
     fraudulent spending; and
       ``(II) award those funds, on a competitive basis, to new or 
     existing applicants consistent with this section; and
       ``(iii) consolidate and minimize overlap among the 
     programs;
       ``(D) with respect to an application for assistance under 
     this section, shall--
       ``(i) promptly post on the website of the Rural Utility 
     Service--

       ``(I) an announcement that identifies--

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

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

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

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

       ``(E) may establish additional reporting and information 
     requirements for any recipient of any assistance under this 
     section so as to ensure compliance with this section.'';

[[Page 9187]]

       (5) in subsection (e)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of this section, the minimum acceptable level of broadband 
     service for a rural area shall be at least--
       ``(A) a 4-Mbps downstream transmission capacity; and
       ``(B) a 1-Mbps upstream transmission capacity.
       ``(2) Adjustments.--
       ``(A) In general.--At least once every 2 years, the 
     Secretary shall review, and may adjust, the minimum 
     acceptable level of broadband service established under 
     paragraph (1) to ensure that high quality, cost-effective 
     broadband service is provided to rural areas over time.
       ``(B) Considerations.--In making an adjustment to the 
     minimum acceptable level of broadband service under 
     subparagraph (A), the Secretary may consider establishing 
     different transmission rates for fixed broadband service and 
     mobile broadband service.'';
       (6) in subsection (f), by striking ``make a loan or loan 
     guarantee'' and inserting ``provide assistance'';
       (7) in subsection (g), by striking paragraph (2) and 
     inserting the following:
       ``(2) Terms.--In determining the term and conditions of a 
     loan or loan guarantee, the Secretary may--
       ``(A) consider whether the recipient would be serving an 
     area that is unserved; and
       ``(B) if the Secretary makes a determination in the 
     affirmative under subparagraph (A), establish a limited 
     initial deferral period or comparable terms necessary to 
     achieve the financial feasibility and long-term 
     sustainability of the project.'';
       (8) in subsection (j)--
       (A) in the matter preceding paragraph (1), by striking 
     ``loan and loan guarantee'';
       (B) in paragraph (1)--
       (i) by inserting ``grants and'' after ``number of''; and
       (ii) by inserting ``, including any loan terms or 
     conditions for which the Secretary provided additional 
     assistance to unserved areas'' before the semicolon at the 
     end;
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking ``loan''; and
       (ii) in subparagraph (B), by striking ``loans and'' and 
     inserting ``grants, loans, and'';
       (D) in paragraph (3), by striking ``loan'';
       (E) in paragraph (5), by striking ``and'' at the end;
       (F) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (G) by adding at the end the following:
       ``(7) the overall progress towards fulfilling the goal of 
     improving the quality of rural life by expanding rural 
     broadband access, as demonstrated by metrics, including--
       ``(A) the number of residences and businesses receiving new 
     broadband services;
       ``(B) network improvements, including facility upgrades and 
     equipment purchases;
       ``(C) average broadband speeds and prices on a local and 
     statewide basis;
       ``(D) any changes in broadband adoption rates; and
       ``(E) any specific activities that increased high speed 
     broadband access for educational institutions, health care 
     providers. and public safety service providers.''; and
       (9) by redesignating subsections (k) and (l) as subsections 
     (l) and (m), respectively;
       (10) by inserting after subsection (j) the following:
       ``(k) Broadband Buildout Data.--
       ``(1) In general.--As a condition of receiving a grant, 
     loan, or loan guarantee under this section, a recipient of 
     assistance shall provide to the Secretary address-level 
     broadband buildout data that indicates the location of new 
     broadband service that is being provided or upgraded within 
     the service territory supported by the grant, loan, or loan 
     guarantee--
       ``(A) for purposes of inclusion in the semiannual updates 
     to the National Broadband Map that is managed by the National 
     Telecommunications and Information Administration (referred 
     to in this subsection as the `Administration'); and
       ``(B) not later than 30 days after the earlier of--
       ``(i) the date of completion of any project milestone 
     established by the Secretary; or
       ``(ii) the date of completion of the project.
       ``(2) Address-level data.--Effective beginning on the date 
     the Administration receives data described in paragraph (1), 
     the Administration shall use only address-level broadband 
     buildout data for the National Broadband Map.
       ``(3) Corrections.--
       ``(A) In general.--The Secretary shall submit to the 
     Administration any correction to the National Broadband Map 
     that is based on the actual level of broadband coverage 
     within the rural area, including any requests for a 
     correction from an elected or economic development official.
       ``(B) Incorporation.--Not later than 30 days after the date 
     on which the Administration receives a correction submitted 
     under subparagraph (A), the Administration shall incorporate 
     the correction into the National Broadband Map.
       ``(C) Use.--If the Secretary has submitted a correction to 
     the Administration under subparagraph (A), but the National 
     Broadband Map has not been updated to reflect the correction 
     by the date on which the Secretary is making a grant or loan 
     award decision under this section, the Secretary may use the 
     correction submitted under that subparagraph for purposes of 
     make the grant or loan award decision.'';
       (11) subsection (l) (as redesignated by paragraph (9))--
       (A) in paragraph (1)--
       (i) by striking ``$25,000,000'' and inserting 
     ``$50,000,000''; and
       (ii) by striking ``2012'' and inserting ``2017''; and
       (B) in paragraph (2)(A)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) set aside at least 1 percent to be used for--

       ``(I) conducting oversight under this section; and
       ``(II) implementing accountability measures and related 
     activities authorized under this section.''; and

       (12) in subsection (m) (as redesignated by paragraph (9))--
       (A) by striking ``loan or'' and inserting ``grant, loan, 
     or''; and
       (B) by striking ``2012'' and inserting ``2017''.
                                 ______
                                 
  SA 2458. Ms. STABENOW (for Ms. Snowe) proposed an amendment to the 
resolution S. Res. 488, commending the efforts of the firefighters and 
emergency response personnel of Maine, New Hampshire, Massachusetts, 
and Connecticut, who came together to extinguish the May 23, 2012, fire 
at Portsmouth Naval Shipyard in Kittery, Maine; as follows:

       In the fourth whereas clause of the preamble, strike 
     paragraph (18) and insert the following:
       ``(18) Newington Fire Department, New Hampshire;''.

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