[Congressional Record Volume 158, Number 87 (Monday, June 11, 2012)]
[Senate]
[Pages S3903-S3929]
From the Congressional Record Online through the 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
[[Page S3904]]
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:
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:
[[Page S3905]]
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.
``(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--
[[Page S3906]]
``(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 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.);
[[Page S3907]]
(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;
(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--
[[Page S3908]]
(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 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
[[Page S3909]]
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--
``(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--
(1) section 9002(j) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C.
[[Page S3910]]
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............
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:
[[Page S3911]]
`` 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
(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.
[[Page S3912]]
(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 ``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:
[[Page S3913]]
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 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:
[[Page S3914]]
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 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
[[Page S3915]]
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 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''.
[[Page S3916]]
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.
______
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:
[[Page S3917]]
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--
(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)--
[[Page S3918]]
(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:
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
[[Page S3919]]
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 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
[[Page S3920]]
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) 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
[[Page S3921]]
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--
``(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.
[[Page S3922]]
``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 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
[[Page S3923]]
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 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:
[[Page S3924]]
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 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
[[Page S3925]]
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 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
[[Page S3926]]
``(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 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
[[Page S3927]]
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;
``(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
[[Page S3928]]
``(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, 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
[[Page S3929]]
``(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 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.
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